Ontario court upholds $20K ArriveCan fines for Amish families

Several Amish families in Ontario are facing $20,000 in COVID-related fines for violating the Quarantine Act after an Ontario court denied their application to reopen the tickets.

Source: Wikimedia Commons

Several Amish families in Ontario are facing $20,000 in COVID-related fines for violating the Quarantine Act after an Ontario court denied their application to reopen the tickets.

The families were represented by The Democracy Fund and are part of the group’s larger effort to defend over 30 Amish individuals across Ontario who are facing similar penalties.

The Amish clients were convicted in absentia during the COVID-19 pandemic and accused of failing to comply with mandates such as not using the ArriveCan app–a government tracking tool introduced by the Trudeau government.

Collectively, these families face over $300,000 in fines all related to similar offences.

The latest ruling now leaves these families facing an average fine of $6,200 per ticket.

The Amish, who reject modern technology as part of their religious observances, were unable to comply with the ArriveCan requirement.

“This ruling underscores the unique vulnerabilities of the Amish community to modern legal systems,” said TDF’s litigation director Mark Joseph.

The highly contentious ArriveCan app was riddled with glitches and resulted in an RCMP investigation into GC Strategies, the company contracted by the Liberals to handle the project.

The penalties have had severe consequences, including damaging the credit ratings of the Amish community members and liens on their properties, threatening the future of their traditional way of life.

“The Grey County group’s $20,000 penalty adds to the growing toll on Ontario’s Amish communities,” write TDF in a press release Monday.

“As a religious minority with limited access to modern legal resources, the Amish face steep hurdles—such as restricted property transactions or farm succession—when liens are imposed.”

The group is currently reviewing the court’s decision to see if there is potential for an appeal.

While this Ontario court ruling marks a setback, TDF has also successfully represented other members of the province’s Amish community in the past, securing several withdrawals and legal victories after reopening tickets.

In January, the group won a months-long legal battle to overturn thousands of dollars in fines for Amish residents of Grey County who failed to use the ArriveCan app and refused to undergo PCR testing.

“Negotiations bring a six-month battle to an end and deliver justice for a vulnerable religious community,” said TDF at the time.

“The Democracy Fund has secured a pivotal victory for Ontario’s Amish community, with the Crown withdrawing all Quarantine Act tickets against a group of Grey County Amish clients.”

While withdrawing the tickets in Lambton County Court, the Crown concluded that there was “no reasonable prospect of conviction.”

“This is a victory for fairness,” said senior litigation counsel Adam Blake-Gallipeau following the court’s decision.

“The Crown’s withdrawal is significant. These tickets should have never endangered the lives and land of a peaceful religious minority. We’re proud to deliver justice to these families. The Elders in the Amish community have acknowledged and greatly appreciate the support from TDF donors and the wider Canadian community.”