Ontario teacher Chanel Pfahl maintained her teaching certificate despite disagreeing with critical race theory, continuing a winning streak for The Democracy Fund (TDF)..In March 2022, Pfahl was advised by the Ontario College of Teachers (OCT) she was under investigation for comments she made online in a private Facebook group. The comments consisted of posts opposing the teaching of critical race theory (CRT) in school and a YouTube video of a speech by Kemi Badenoch, a racialized British Parliamentarian who also opposed the teaching of CRT..TDF represented Pfahl throughout the process, saying Pfahl was within her rights to make such comments. The OCT concluded its investigation without a finding of guilt, choosing instead to administer a brief oral caution..“Although the investigation was a lengthy and unnecessary ordeal, I am very pleased with the result,” Pfaul said, thanking TDF in a press release..TDF also represented three protesters at the 2022 Freedom Convoy criminally charged with mischief for allegedly transporting fuel in jerry cans to trucks parked around Ottawa. The Crown sought up to 45 days of jail for the defendants. However, following many court appearances and Crown negotiations, the charges were stayed..On February 16, TDF lawyer Adam Blake-Galipeau said, "It was never clear that simply carrying jerry cans during a protest could constitute an offence of mischief. My clients are pleased with the outcome and are relieved they are no longer facing jail time.".Alec Bialski, is a 76-year-old man who was arrested and charged for not wearing a mask on a WestJet Flight in June 2022. The charges were dropped earlier this month after TDF-funded lawyer Sean Mihalcheon filed a Charter motion with the Provincial Court of Alberta..The Charter application describes Bialski as having a respiratory illness which qualified him for a mask exemption, but for which he did not have documentation. Bialski apparently told the flight crew he had breathing problems, but they nevertheless insisted he wear a mask when boarding the plane. Bialski's mask fell off after he took medication to help him sleep..The WestJet flight crew reported Bialski to the Calgary Police, who arrested him as he was exiting the aircraft. Police marched him across the airport for more than 30 minutes to a holding cell in which he was locked. Bialski had recently undergone double hip replacement surgery and pleaded with the police to provide a wheelchair for him during the march..As the prosecutor withdrew the charges, Bialski will not face any punishment. At the same time, his Charter application will no longer be heard..With help from TDF, pastors Phillip Hutchings and Cody Butler from His Tabernacle Family Church in St. John, NB, defeated a government motion to put them into contempt of court. The charges stemmed from church services held in a commercial tent during a provincial state of emergency that banned indoor public gatherings in the fall of 2021..The pastors had been bound by a court order requiring them to make ‘all reasonable efforts’ to comply with mandatory health orders, including the ban on indoor public gatherings. The province alleged the commercial tent was an indoor space, thereby putting the pastors in breach of both the provincial ban and the court order..TDF retained Jonathan Martin to defend the pastors. After hearing legal argument from Martin, the court concluded it could not “clearly and unequivocally” conclude the commercial tent met the definition of a public indoor space as described in the mandatory order. Nor could Chief Justice Tracey K. DeWare, who heard the contempt motion, conclude the pastors knew they were breaching the mandatory health orders..Martin previously persuaded the New Brunswick Court of Appeal a contempt finding against the pastors should be vacated for reasonable apprehension of bias. Charges of obstruction and disobeying health orders were dropped against the pastors in November 2022 after they filed a constitutional application challenging the legality of the health orders..TDF is currently in a case against the federal government that the ArriveCAN app was unconstitutional and not even legally required in the first place. .“The orders in council do not make any reference to ArriveCAN,” said TDF lawyer Alan Honner. “The orders only speak about an ‘electronic means’ by which persons crossing the border must provide mandatory information to the Minister of Health.” .Honner noted TDF made requests to Health Canada and the Attorney General as to exactly when and where the Minister of Health specified ArriveCAN as the electronic means described in the orders. He has not received any answers to date.
