In a surprising turn of events, an Amish community in Grey County, Ontario finds itself facing nearly $300,000 CAD (approximately $215,000 USD) in fines and property liens for failing to comply with COVID-19 measures when crossing the U.S.-Canada border in 2021 and 2022. The issue stems from the community’s inability to use the mandatory ArriveCAN app, a smartphone application required for entering Canada during the pandemic.
The Democracy Fund (TDF), a Canadian charity dedicated to constitutional rights, has stepped in to support the Amish community. According to TDF, 74 community members were fined for failing to complete the ArriveCAN app and other violations. Many of these individuals were not properly notified about the tickets or trial dates, leading to convictions in their absence.
The Amish, known for their 18th-century lifestyle that eschews modern technology, were unable to comply with the digital requirements. As TDF senior litigation counsel Adam Blake-Gallipeau explains, “These are people who, due to their faith, do not use modern technology. They travel by horse and buggy and are unfamiliar with operating a telephone, let alone an app on a present-day cell phone.”
The severity of the situation became apparent when a community member attempted to secure financing for a property purchase, only to discover that liens had been placed on their properties by collection agencies. This development poses a significant threat to the Amish way of life, as their livelihoods depend heavily on their land for farming and other traditional practices.
Government Response and Political Intervention
The Canadian government, through Bryan Sparks, a spokesperson for the Welland Provincial Offenses Crown office, maintains that the Amish could have responded to the fines by mail or by traveling to the court in person. However, this stance has been criticized as unreasonable given the Amish community’s limited interaction with modern systems.
The issue has garnered attention in Canada’s House of Commons, with Conservative MP Alex Ruff arguing that the Liberal government failed to adequately communicate with the Amish community about the Quarantine Act measures. Ruff points out that while others could access this information online or by phone, his Amish constituents could not due to their technological limitations.
Legal Challenges and Potential Resolution
TDF lawyers are now filing applications to reopen these convictions. If granted, they plan to challenge the fines in court. The legal process is expected to be lengthy, but TDF is committed to addressing what they view as a pandemic-related injustice.
Richard Moon, a professor at the University of Windsor, expressed surprise that the government had not reached an accommodation with the Amish before the convictions were registered, describing the situation as “unduly harsh”.
As Canada moves past the active phase of the COVID-19 pandemic, this case highlights the ongoing repercussions of pandemic-era policies. It raises important questions about balancing public health measures with religious freedoms and the need for governments to consider diverse communities when implementing broad policies.
The outcome of this legal battle could have significant implications for how governments approach similar situations in the future, particularly when dealing with communities that have unique cultural or religious practices that may conflict with modern technological requirements.
Citations:
[1] https://www.thedemocracyfund.ca/tdf_support_amish_community_unfair_covid_fines
[2] https://amishamerica.com/canada-amish-community-faces-300000-in-covid-fines/
[3] https://www.todayville.com/ontario-amish-community-facing-over-quarter-million-dollars-in-covid-fines/
[4] https://www.thedemocracyfund.ca/tags/amish
[5] https://farmersforum.com/will-not-comply-amish-farmers-get-hammered-with-covid-fines/
[6] https://x.com/TDF_Can/status/1861482835544297799
[7] https://twitter.com/TDF_Can/status/1861054119571497390
[8] https://x.com/TDF_Can/status/1861054119571497390