Ontario court judge overturns woman’s COVID-19 PCR test conviction in landmark ruling, citing unlawful Quarantine Act enforcement.
Brampton, Ontario – In a landmark legal decision, Ontario Court of Justice Judge Paul Monahan has overturned the conviction of Ms. Meththa Fernando, who was previously found guilty of failing to comply with an order under Section 58 of the Quarantine Act.
Ms. Fernando was charged after she refused to undergo a random COVID-19 test upon arriving at Pearson International Airport on April 9, 2022. Although vaccinated, she declined the nasal swab test, which was to be conducted by Public Health Agency of Canada officer Joshua Roxas. Her refusal led to a conviction and a fine totaling $6,255.
Fernando, represented by non-lawyer Mr. Christopher Weisdorf, appealed the conviction, challenging the legal grounds under which the nasal swab test was mandated. Central to the appeal was the argument that the Quarantine Act did not authorize the use of screening technology involving the entry of any instrument into a traveler's body.
Justice Monahan ruled in favour of Ms. Fernando, emphasizing the provisions of Section 14 of the Quarantine Act, which states that screening technology must not involve the entry into the traveler’s body of any instrument or foreign body.
Justice Monahan determined that a nasal swab constitutes both an instrument and a foreign body, making the requirement for such a test unlawful.
“In my view, a nasal swab is ‘an instrument’ or ‘foreign body.’ In my view, the Quarantine Act did not permit a screening officer in this case, Mr. Roxas, to require Ms. Fernando to be tested at the airport by insertion into her nasal cavity of a nasal swab,” Justice Monahan stated in his ruling.
As a result of this interpretation, Justice Monahan reversed the decision of the Justice of the Peace and entered a finding of not guilty for Ms. Fernando.
The Canadian Independent spoke with Chris Weisdorf, the man who self-represented on behalf of Ms. Fernando. He said he "was very happy with the decision" and that he "thought the appeal would be successful because the government had no counter arguments."
Weisdorf says the “government didn’t make any written submission” and that “the likelihood of them filing an appeal is next to zero.”
You can review the ruling at the link below.
https://drive.google.com/file/d/1m5anHt3KmVKpo4oBx7zcGUAX21-zDY5c/view?usp=sharing