🇨🇦 Ontario Court Ruling: A Forced Nasal Swab PCR Test is Unconstitutional

Justice Paul Monahan of the Ontario Court of Justice ruled it is Unlawful to Force Covid-19 Nasal PCR Tests for Incoming Travelers under the Quarantine Act, as it is an "Instrument" or "Foreign Body"

Jul 15, 2024

PLEASE GIVE US A RETWEET: https://x.com/therebelpatient/status/1812841111418781702?s=46

On July 10, 2024, Canada’s Ontario Court of Justice ruled that the nasal PCR test for Covid is unlawful to force upon travelers coming into the country.

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On April 9, 2022, the traveler Meththa Fernando was returning to her home in Mississauga, Canada.

Fernando had a history of being vaccinated, and at Pearson International Airport was charged for refusing a COVID-19 test after arriving to enter Canada. The PCR test was initiated after a random test by screening officers at the airport.

Fernando was convicted for failure to comply with Section 58 of the Quarantine Act. She received a fine of $5,000.00 and additional charges that brought the total to $6,255.00.

Justice Monahan overturned the decision on appeal, citing Section 14 of the act, noting,

“… the screening test cannot involve the insertion into the traveller’s body of any instrument or foreign body.”

The Ruling

In this ruling, Justice Monahan determined that demanding a polymerase chain reaction (PCR) test for Covid was a violation of the Quarantine Act. The specific reason why it was ruled unlawful is because it is a “foreign body” or “instrument” inserted into the body.

“The prosecution raised the point that perhaps the insertion into the nasal cavity did not involve the entry into the body,” Justice Monahan wrote in the decision. “I disagree. The insertion of a nasal swab into the nasal cavity is most definitely an insertion into the body.”
“I do decide that the nasal swab test, which the screening officer in this case required or demanded Ms. Fernando submit to, was an unlawful requirement or demand,”
“Ms. Fernando’s refusal to comply with the requirement or demand was lawful on her part. Because the requirement or demand made of her by the screening officer was not lawful, Ms. Fernando should not have been found guilty by the Justice of the Peace.”
Source: https://img1.wsimg.com/blobby/go/9b59c1b0-ca6d-473d-a5c2-7500cca04efd/downloads/R.%20v.%20Fernando_Ruling_Transcript_26_June_2024.pdf?ver=1720652624220

The Pain Canadians Suffered

It was not confined to the nose.

I feel very sorry for this person. Very sad, indeed! JUST AWFUL, over three summers, this person underwent six weeks of house arrest!

This is a good point, but it misses the technicality of “piercing the body with a foreign object”.

As Cody points out below, NO, YOU CAN’T PERFORM A PCR TEST UP THE NOSE ON YOURSELF, even if the health police force tells you to do it (for them).

IT’S STILL INVASIVE!

IT’S STILL ILLEGAL!

See the References for the Court Documents.

The Correct Performance of a PCR Test

We previously reviewed PCR tests, in general, and specifically with respect to other court ruling.

BE AWARE that no one is supposed to LOOK UP to punch your nose with the nasal swab. They’re supposed to take the sample from the upper back nose, not toward the brain! See the correct procedure below:

CORRECT:

The tip of the swab points to the ear.

Source: https://www.nejm.org/doi/10.1056/NEJMvcm2010260?url_ver=Z39.88-2003&rfr_id=ori:rid:crossref.org&rfr_dat=cr_pub%20%200pubmed

INCORRECT

If someone has to look way up your nose to your brain, that is not correct. People have acquired meningitis bacterial infections and fied from that! You don't want to pierce the “cribriform plate” or you cut through the dura, the outer fibrous covering of the spinal cord. Under the dura is cerebrospinal fluid, released with a tear in the dura.

A CSF Leak

Signs and symptoms of a cerebrospinal fluid leak (CSF leak” from an improperly-done nasal swab:

Clear fluid from the same side of the nose or ear, or fluid running down the back of the throat
Headaches
Headache worsened with standing up
Headache better with laying down, fluids
Emergency treatment needed: nausea, vomiting, fever, altered mental status, brain fog, fatigue, obtunded.

The best doctor at diagnosing a CSF leak is a neurosurgeon.

PCR Nasopharyngeal Swab Complications

People have died from a swab.

The coronavirus disease 2019 (COVID-19) pandemic comprises approximately 50 million confirmed cases and over 1.2 million deaths as of 10 November, 2020 [1], affecting healthcare systems worldwide in an unprecedented way. In the absence of effective treatments or preventive measures, all attempts to control the pandemic are based on reliable diagnostic procedures, particularly RT-PCR of upper respiratory specimens, which is considered the diagnostic gold standard [2]. A previously unimaginable number of these diagnostic procedures has been performed since the beginning of the pandemic and there is a clear trend towards further expanding the number of tests [3]. Although specimens are frequently obtained by semi-skilled temporary staff, the collection is generally considered safe. However, possible adverse events of the procedure have largely escaped systematic recording and reporting to date. A Pubmed search, performed on 10 October, 2020, using every possible combination of the search terms “complications”, “adverse events”, “adverse effects” and “nasal swab”, “oral swab”, “nasopharyngeal swab”, “oropharyngeal swab”, revealed only three publications relevant for the question of adverse events caused by pharyngeal swab procedures. The first one represents a case report describing the break of a nasal swab by triggering the swab's breakpoint mechanism during the examination of an uncooperative patient [4]. The second publication compared commercially available swabs with three-dimensional printed nasopharyngeal swabs, reporting different mild complications in several individuals, and one individual with severe epistaxis needing medical help [5]. Lastly, one case of cerebrospinal fluid leak requiring endoscopic surgical repair was reported after a nasal COVID-19 test [6]. Of note, even the second study investigated adverse events in only 176 individuals [5].
Source: https://pubmed.ncbi.nlm.nih.gov/33303542/

No matter how remote the possibility of an adverse event may be, IF IT HAPPENS TO YOU, IT IS STILL YOU!

This is what people are talking about when they say,

“I don’t want to be an ‘n’ of 1”.

Trust me, your doctor knows this ⬆️ language.

One nurse got the swab stuck in her nasopharynx and tried to swallow it. She had emergency removal.

I won’t even tell you not to swallow it, because I know you would never do that!

Complications and Safety

Nasopharyngeal swabs have been widely to prevent the spread of coronavirus disease 2019 (COVID-19). Nasopharyngeal COVID-19 testing is a generally safe and well-tolerated procedure, but numerous complications have been reported in the media. Therefore, the present study aimed to review and document adverse events and suggest procedural references to minimize preventable but often underestimated risks. A total of 27 articles were selected for the review of 842 related documents in PubMed, Embase, and KoreaMed. The complications related to nasopharyngeal COVID-19 testing were reported to be rarely happened, ranging from 0.0012 to 0.026%. Frequently documented adverse events were retained swabs, epistaxis, and cerebrospinal fluid leakage, often associated with high-risk factors, including severe septal deviations, pre-existing skull base defects, and previous sinus or transsphenoidal pituitary surgery. Appropriate techniques based on sufficient anatomical knowledge are mandatory for clinicians to perform nasopharyngeal COVID-19 testing.
The nasal floor can be predicted by the line between the nostril and external ear canal. For safe testing, the angle of swab insertion in the nasal passage should remain within 30° of the nasal floor. The swab was gently inserted along the nasal septum just above the nasal floor to the nasopharynx and remained on the nasopharynx for several seconds before removal.
Forceful insertion should be attempted, and alternative examinations should be considered, especially in vulnerable patients.

No forceful insertion should be attempted in anyone, ever.

In conclusion, patients and clinicians should be aware of rare but possible complications and associated high-risk factors. The suggested procedural pearls enable more comfortable and safe nasopharyngeal COVID-19 testing for both clinicians and patients.
Source: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8938608/

Questioning PCR Nasal Swab Tests

PCR Tests can cause injury or death. Be certain that the risk:benefit ratio is beneficial. And ask,
“Would this PCR Test change my management?”
If I am going to help your Covid symptoms by giving you treatment doses of ivermectin, I don’t need to test at all! When a test is not going to change my management, I don't need it.
Source: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8207063/
A 67‐year‐old woman was referred to our ear, nose and throat department with confirmed cerebrospinal fluid (CSF) rhinorrhoea. She was recently treated for proven bacterial meningitis, having presented to a regional hospital with headache, nausea and photophobia 2 months previously. The patient precisely recalled the onset of unilateral clear rhinorrhoea, which occurred within hours of an “extremely painful” coronavirus disease 2019 (COVID‐19) swab test. This occurred approximately 48 hours prior to presentation to the emergency department. She had no other historical or medical risk factors for a CSF fistula (eg, previous surgery, trauma) nor harboured any stigmata of idiopathic intracranial hypertension. Intra‐operative evaluation confirmed a small, well demarcated defect (2–3 mm) in the left anterior skull base in the posterior cribriform plate (Box 1 and Box 2). The defect was successfully repaired with a fat plug and free mucosa overlay graft. She made a full recovery and remains leak‐free. Given the historical description, time frame and clinical findings, we believe the injury to be a complication of the COVID‐19 swab.
Source: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8207063/
2. Inaccuracies, money, and waste. Why PCR tests are nonsense in the first place is HERE. And below:

A Nothing Test. Portugal ruled PCR tests don’t say a thing! See HERE and below:
An Abused Test. The US Government tests MILK and finds it PCR positive for Avian bird flu is HERE and below:

You now know that PCR Tests are not only able to harm, they can kill. They shouldn't change your management, and they don't mean anything. Results cannot be used to keep you quarantined in Portugal, and you cannot be forced into having a PCR Test in Canada.

Rejoice! “My body, my choice” for the win!