UPDATE: Gov't argues significant asymptomatic, presymptomatic spread, shows no evidence

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Lawyers are back in court today for day two of the constitutional challenge against the federal government's COVID jail program for air travellers entering into Canada. Rebel News and the Justice Centre for Constitutional Freedoms are attempting to put an end to Prime Minister Justin Trudeau's seemingly arbitrary detention of Canadians.

Sheila Gunn Reid was live tweeting the court proceedings as they happened earlier today. You can follow along for a play-by-play of the hearing, or watch this midday recap below, as well as the full day's summary above.


Tweets as they happened:

9:58AM ET

Back in federal court today for the @JCCFCanada and@RebelNewsOnline challenge of Trudeau's covid jail program which incarcerates innocent, healthy people for 72 hrs upon return to their own country. It's insane. To support our fight, pls donate at nocovidjails.com
Some guy from the CBC is yelling at his dog and we can all hear it because he forgot to mute his mic in this federal court hearing. Smh
Today court is expected to hear from Jeffrey Rath, lawyer for Dominic Colvin, the CEO of a cannabis company from Kelowna, B.C. who is also suing the government over the covid jails system.
Hawkes for Rebel News and Rath note the government is/may not accurately representing the facts in their materials. Rath is seriously concerned. Wants opportunity to make written submissions to deal with misrepresentation of the evidence by the govt.
Rath says a chart the government presented amounts to new written evidence.
Rath is now explaining his case. Rath is adopting the Rebel News and JCCF case as part of his.
Rath is arguing that the government did not make efforts to create minimally invasive policies to deal with quarantine jails. The government presented no evidence that they considered alternatives and rejected the alternatives based on that consideration.
Rath describes the quarantine as "airport incarceration measures" Challenging the forced detention upon arrival in a covid jail a well as the forced 14 quarantining of people who have not one but 2 clean covid tests.
Rath is rightfully pointing out that asymptomatic actually means healthy.
The quarantine act requires the govt to adopt the most minimally invasive measures. "...scheme under this OIC where people who are healthy and who have a screening test that says you're not sick and they're being told to go to a room and stay in it until we decide you can go"
Rath: People who are sick (symptomatic) at the airport don't have to be tested at the airport and can go home without being tested if they report their symptoms.
Rath: Why is it that sick people at the airport can be sent home but people with a clear covid test are sent to their room in some instances without supper?
Rath: there's a complete dearth of evidence that these measures were considered by cabinet in accordance with their responsibilities under quarantine
Chief Justice Crampton is asking Rath about the time it takes for infected people to manifest symptoms or begin to test positive.
Rath: the quarantine measures don't line up with the expert advice the government allowed into evidence. (two clear covid tests and a 7-Day quarantine would probably do)
Rath is now questioning validity of the PCR test as a tool of incarceration for Canadians.
Rath: it's very troubling to me that when we ask a witness if they think cycles of amplification for the PCR test lead to false positives and the witness says no. Yet the witness will also admit that the test cannot determine active infectiousness versus past exposure.
Rath describes the PCR testing as akin to using a magnifying glass on a photocopy.
Rath: PCR test can't determine between live virus and fragments of virus that people have survived that are no longer capable of infecting anyone. (the argument is that this test should not be used to justify the airport incarceration of innocent people)
Rath: the airport incarceration program only applies to you if you're not sick. (If you are sick they don't want you in the covid jail. They send you home immediately, or to a designated quarantine facility) "They're essentially in solitary confinement and can't go outside"
Rath is talking about his cross examination of the head of biosecurity for the entire country of Canada, Kimby Barton (tho he points out her science degrees are in zoology). Barton could not explain why it was safe to send people to covid hotels but not home.
Rath describes the covid jail program as "silly and illogical" Now discussing the sheer volume of people who are just taking the fines to skip the covid hotels and heading home where it's safe. (Because almost everybody intuitively knows how stupid this thing is)
Rath says the government used cabinet confidentiality to shield themselves from criticism and examination by the court
Rath: there is no evidence of asymptomatic transmission of covid within Canada.
Rath examined the head of the biosecurity program in Canada about evidence of asymptomatic spread of covid within Canada. She could not tell him of any. (Me: makes sense since asymptomatic means healthy) Rath says govt is incarcerating Canadians for a risk that doesn't exist.
Rath notes that covid mortality rates are dropping but the government wants us to continue to be excessively concerned about "variants of concern"
Federal court is breaking for lunch until 2:00 est. Just filmed a quick update. Govt lawyers are up after lunch. If you'd like to fund our lawsuit against Trudeau for his illegal airport incarceration of healthy innocent Canadians, please donate at nocovidjails.com 
2:03PM ET
Court is back. Lawyers for the government are starting now. There are 4, I believe, perhaps a fifth. (4 government lawyers with limitless resources and we are fighting them with everything we have to end Trudeau's airport incarceration system)
Government lawyers just admitted Rebel News lawyers from JSS Barristers filed the most complete record/documents/affidavits.
Government lawyers still deny Rebel News has standing to sue the government over the covid jails. Asking the judge not to rule that we have standing. (Um. Our journo was nabbed into a covid jail upon returning to Canada after being in Florida for work)
Again important to note, the government lawyers do not dispute Rebel News affidavits or evidence. They never cross examined Ezra Levant or Keean Bexte on their sworn evidence.
Government lawyer is now necromancing, which is how I describe the almost religious recitation of covid death stats as a justification for lockdowns and civil liberties infringements.
My friend @AndrewLawton notes that there are 5 lawyers in 3 jurisdictions fighting to keep the covid jail systems in place.
Rath objects to the government lawyer trying to enter her witnesses as experts now at "the eleventh hour"
Government lawyer is reciting "variants of concern" infection and spread estimates to justify/explain the necessity of the 72 hours covid jails.
Govt lawyers are arguing that there is a significant amount of spread of covid from asymptomatic and pre-symptomatic people so the covid jails are necessary. As noted this am, the govt has not produced any evidence of this relating to Canada..not a shred. They say it alot tho.
Yesterday, Rath noted there was no evidence that variants of concern came in on airplanes. Today govt lawyers explain that many air travellers are arriving from hot zones of variants of concern. Cites air travellers who tested positive for variants after arrival.
Paraphrase: Judge: you can't say where the exposure to VofC happened. Govt lawyer: You can't know that beyond a reasonable doubt. But on a preponderance of evidence. Judge: but these could also be coming from the United States (by ground travellers not subject to covid jails)
Now the Feds are arguing that they don't actually run the covid hotels. The govt just contracts with them for services, forces you to go to one under threat of jail, imposes the restrictions inside them, and decides when you get to leave one So totally different...sure
More to come...
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  • By Keean Bexte


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