An Amish couple from southern Ontario is appealing a court decision that refused to reopen their Quarantine Act convictions, despite other Amish families in nearly identical circumstances successfully having their cases reopened and their fines withdrawn.

The Democracy Fund (TDF) announced that its lawyers travelled to the couple's community this week to finalize appeal documents after their applications to reopen the convictions were denied.

The couple was convicted in absentia for allegedly failing to comply with Canada's COVID-era border rules, including the ArriveCAN app and PCR testing requirements. According to TDF, they never received meaningful notice of the charges, court dates or convictions before judgments were entered against them.

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TDF argues the case shows inconsistent treatment by the courts. The organization previously secured reopenings for numerous other Amish clients facing virtually identical allegations, with those cases ultimately resulting in withdrawn charges or zero-dollar fines.

The Amish community's religious beliefs prohibit the use of many forms of modern technology, including smartphones, computers and software applications. TDF argues that made compliance with the ArriveCAN app, as well as navigating a court system that relies heavily on mailed and digital notices, especially difficult.

"What troubles us most about this case is the lack of parity," said TDF Director of Litigation Adam Blake-Gallipeau. "We successfully argued nearly identical reopening applications for other Amish families, yet this couple was turned away."

Blake-Gallipeau said neither spouse was ever meaningfully notified of the proceedings against them and argued that Canadian courts should consider the Amish way of life and Charter protections for religious freedom when assessing the convictions.

The Democracy Fund has challenged more than $300,000 in Quarantine Act fines issued against members of Ontario's Amish community during the COVID-19 pandemic. The fines stem from alleged failures to comply with ArriveCAN requirements and mandatory PCR testing at the border.

While several Amish families have already had their cases reopened or resolved without financial penalties, TDF says others continue to face thousands of dollars in outstanding fines.

The organization, a registered Canadian charity, says it intends to continue appealing the remaining convictions with the support of donor funding.