$5,750 COVID Ticket Issued to Military Veteran Stayed by Crown

$5,750 COVID Ticket Issued to Military Veteran Stayed by Crown
A Canada Border Services Agency agent at the Thousand Islands U.S./Canada border crossing in Lansdowne, Ont., on July 30, 2021. (The Canadian Press/Lars Hagberg)
Marnie Cathcart
7/6/2023
Updated:
7/6/2023
0:00

A $5,750 ticket issued to a 59-year-old decorated military veteran when he crossed the U.S.-Canadian border in 2021 with a COVID test that did not meet government-mandated requirements has been stayed.

The Democracy Fund (TDF), a Canadian charity focused on constitutional litigation, issued a news release on July 5 stating that they had successfully negotiated with the crown on the veteran’s behalf two weeks before the scheduled trial at the end of June. A stay of charges usually indicates that the government is not going to proceed with a trial and has decided to discontinue the prosecution of charges for the time being.

The veteran, who lives in British Columbia, served in the military for decades as a specialist and missile crewman. According to his lawyer, Adam Blake-Gallipeau, the veteran was wounded during service and suffers from PTSD, severe anxiety, and physical and cognitive disabilities.

“His only source of income has been Canada Pension Plan (CPP), with which he rents a one-bedroom apartment,” said Mr. Blake-Gallipeau in the release.

“During the height of the pandemic, while struggling with his numerous medical conditions, he travelled to the US to receive necessary medical treatment. He then obtained a rapid antigen test which he produced for border agents upon return to Canada.”

During his return travel to Canada in May 2021, border officials issued the veteran a $5,750 ticket for crossing the border without a valid polymerase chain reaction (PCR) test, which was government-mandated at the time.

“TDF took the position that the client had a valid exemption to the PCR requirement, and that given his service to his country and his medical and financial condition, there was no public interest in pursuing this matter. Fortunately, it seems that we were able to convince the Crown of our view,” said Mr. Blake-Gallipeau.

TDF is retained on approximately 1,500 similar tickets like this one across the country, with 1,000 in Ontario, and 300 in B.C., the charity’s largest jurisdictions, Mr. Blake-Gallipeau told The Epoch Times.

The charity is resolving many of the cases successfully, he added, saying there have been over 600 tickets withdrawn in Ontario, and more than 200 tickets withdrawn or stayed in B.C. Nearly all of the matters have been heard in court, and the majority of cases have had multiple court appearances, he said.