The Democracy Fund (TDF) achieved a significant legal victory for a group of Amish families in Grey County, Ontario, when the Crown withdrew all Quarantine Act tickets against them on February 24th.

This case centered on fines imposed under the Quarantine Act during the Covid-19 pandemic. The fines primarily resulted from non-compliance with the ArriveCan app and PCR testing; measures that the Amish community, due to their religious beliefs, could not comply with.

The Amish, who eschew modern technology and rely on horse-and-buggy travel, were fined thousands of dollars after crossing the border, despite their inability to use the digital ArriveCan app, a requirement enforced by the Trudeau government. These fines, which resulted in liens on their properties, threatened their traditional way of life including generational farmland essential for the continued survival and success of families with sick or disabled children.

TDF’s interventions began with reopening the cases, arguing that the convictions (some obtained in absentia) were unjust and constitutionally suspect.

This outcome followed nearly six months of legal efforts by TDF lawyers, culminating in negotiations that finally led the Crown to conclude that there is “no reasonable prospect of conviction.”

From a Charter perspective, this case highlights critical issues of fairness, religious freedom, and government overreach.

The Charter of Rights and Freedoms, particularly Section 2(a) guaranteeing freedom of religion, is undoubtedly central to this victory. The Amish’s pacifist lifestyle and rejection of technology stem from deeply held religious convictions; penalizing them for adhering to their faith most certainly infringes on these protected rights.

Sections 7 and 15, protecting personal autonomy and equality under the law, are also relevant here, given the disproportionate burden on a vulnerable religious minority and the financial hardship imposed by the liens.

Adam Blake-Gallipeau, representing the families, emphasized this win as a triumph for fairness, noting that the tickets “should have never endangered the lives and land of a peaceful religious minority.”

ArriveCan was introduced during the pandemic to track health and travel information for individuals entering the country. Since its creation it has been embroiled in significant debate regarding its alignment with the Charter of Rights and Freedoms. Numerous lawsuits have been brought forward arguing against the application of the app itself, its functions and many failures, and its data security.  Constitutional lawyer Rocco Galati agrees that our private medical information, which the ArriveCan app requests, is ours to withhold; it is a matter of provincial jurisdiction and protected under section 7 and 8 of the Charter.

While we celebrate this victory, TDF continues to advocate for other Amish individuals facing similar battles. We hope this precedent carries forward and the Amish community as a whole is able to celebrate an end to these unnecessary legal challenges.

Please support the great work being done by The Democracy Fund. Click here to visit their website