Diagolon Rat Squad: Liberate Your Neighbourhood

This is to follow up on a story that broke over 3 years ago.

It’s been long established that Jeremy MacKenzie (a.k.a. Raging Dissident) called the police on a group named “Liberate Your Neighbourhood”, and a member, Landon Preik. This happened while lockdowns were being enforced all over the country. It’s what he swore to under oath.

MacKenzie has repeatedly bragged — such as on Red Ice — that he contacted the RCMP because he viewed the group as a threat to public safety. It’s portrayed as civic necessity, and done to prevent violence. Rightly or wrongly, he has been labelled a “fed” and a “rat” for doing this.

Thing is, his version of events doesn’t add up. There is a much more plausible reason for MacKenzie contacting the police, namely to get himself out of his own gun charges. After all, Preik was arrested less than 2 days after he was.

The whole “HateGate” narrative never made sense in this regard either. If the authorities were looking for an excuse to invoke the Emergencies Act, MacKenzie would have given them a legitimate one. Why then would they frame him for it, if he was cooperative with police?

The Global News article on the case is dated February 3rd, 2022. It references a police investigation that began on September 14th, 2021. (See archive). The problem is that it lacks sufficient information about the case.

However, after ordering some court documents, things become a lot clearer.

MacKenzie’s Arrest/Residential Search January 26th, 2022

Inverness County District RCMP has arrested a man for firearms offences after executing a search warrant at a home in Pictou County.

On January 10, 2022, the Inverness County District RCMP began an investigation after a video was posted to social media of a man, in a business, waving a handgun around in a reckless manner and allegedly having an over capacity magazine. It was determined that this incident occurred on Whycocomagh Mountain Rd. in Whycocomagh.

On January 26, as part of the investigation, police executed a search warrant at a home on High St. in Pictou. During the search, police located and seized five restricted firearms including rifles and handguns, one unrestricted firearm, prohibited magazines, ammunition, body armour, a duty belt with attached holster and magazine pouches and cellular phones.

At the request of police, the suspect, a 35-year-old Pictou man, attended the Pictou RCMP Detachment prior to the search warrant execution and was arrested without incident. He was later released on conditions, which include that he not possess any firearms, weapons, ammunition or explosive substances. He will be facing charges of Careless Use of a Firearm, Unauthorized Possession of a Prohibited Device, Possession of a Prohibited Device Knowing It’s Possession is Unauthorized, Possession of a Firearm at an Unauthorized Place. He will appear in Port Hawkesbury Provincial Court on May 30, 2022.
File #: 2022-39074

Why does the January 26th, 2022 date matter? It’s because of what happened in the immediate aftermath.

MacKenzie was released, and headed to the convoy. Preik was picked up the next day.

Preik Picked Up January 27th, 2022 On Possession Charges

The information about the case is available, and it spells out exactly what he has been charged with. Interestingly, it lists both September and November 2021 dates.

Originally, there were 6 charges. It was later amended to 10.

  1. Section 91(1) Possession of prohibited weapon: Armi Jager AP80 semi-automatic rifle
  2. Section 91(1) Possession of prohibited weapon: CZ-CZ858 Tactical 2 semi-automatic rifle
  3. Section 91(2) Possession of prohibited devices: 5 handgun magazines, with 15 cartridge capacity
  4. Section 91(2) Possession of prohibited devices: 4 CZ magazines, with 30 cartridge capacity
  5. Section 91(2) Possession of prohibited devices: 1 CZ detachable magazine, with 30 cartridge capacity
  6. Section 86(1) Reckless transportation/storage: Rossi Ranch Hand Rifle
  7. Section 86(1) Reckless transportation/storage: K100 Dynamic Handgun
  8. Section 86(1) Reckless transportation/storage: CZ VZ58 Sporster semi-automatic rifle
  9. Section 86(1) Reckless transportation/storage: Mossberg shotgun
  10. Section 86(1) Reckless transportation/storage: CZ 75 Luger semi-automatic handgun

Notice what’s missing? Preik was never charged with terrorism, treason, sedition, or any violent offence. The complaint against him is solely for possession and transport/storage offences.

That is, of course, not to say that the current charges won’t mess up his life.

Are we supposed to believe that the RCMP took MacKenzie’s information and did nothing with it for months? And is it just a coincidence that they only acted after the raid in Pictou? It strains all credulity to accept such a narrative, but here we are.

MacKenzie: Contacting RCMP Necessary To Prevent Violence

Almost everyone by now is familiar with this clip.

At his POEC testimony MacKenzie specifically named “Liberate Your Neighbourhood” as a group that he turned into police. He said there was a group of men “with masks and guns, saying ‘this is a call to arms'”. It’s portrayed as a necessary act in order to protect public safety.

He also says that this happened in the Fall of 2021.

Again, the timeline doesn’t make sense, if MacKenzie is to be believed. While it seems true that he did contact the police, the sequence of events is very different. His version is quite implausible, and we’ll go through it.

Perhaps he had “more information” to share in January 2022.

Timeline Of Major Events For Preik And MacKenzie

September 14th, 2021: RCMP begins investigating a group called “Liberate Your Neighbourhood”, based on videos that had been posted online.

September 23rd, 2021: Preik interviewed by RCMP for first time.

September 29th, 2021: Preik interviewed by RCMP for second time.

November 2nd, 2021: Preik interviewed by RCMP for third time.

To make this clear, the police are obviously aware of who Preik is, having talked to him on 3 separate occasions. However, there will be no arrest for months. One has to wonder why. MacKenzie (supposedly) telling them about the videos wasn’t enough, but something would change.

January 10th, 2022: RCMP becomes aware of a video of MacKenzie (and another man), in possession of firearms, and would later accuse them of using them carelessly.

January 13th, 2022: According to the ITO (page 5) MacKenzie admitted to police that he was intoxicated when this happened.

January 22, 2022: RCMP applies for a search warrant for MacKenzie’s Pictou home for:

  1. Smith & Wesson M&P 9 firearm
  2. Glock 17 firearm
  3. High capacity magazine
  4. Gun holster
  5. Firearms registration paperwork
  6. MacKenzie’s cell phone (unknown brand)

January 25th, 2022: This is the first day that (if authorized) the search warrant would allow the police into MacKenzie’s home.

January 26th, 2022: RCMP raid MacKenzie’s home in Pictou, N.S., and file firearms charges. From the way the press release is worded, it sounds like he was released almost right away.

January 27th, 2022: Preik is arrested in Chilliwack, B.C.

January 28th, 2022: Preik is released without bail, while facing 6 charges.

February 3rd, 2022: Global News publishes arrest of Preik. It was noted that he faced (a) five counts of careless use or storage of a firearm, and (b) one count of possession of a prohibited weapon. The article only specifies that an investigation had been ongoing since September 14th, 2021.

August 2nd, 2022: Preik now facing a total of 10 charges. His release conditions are modified to require that he pay $200 if he breaches them.

December 8th, 2022: Preik appears in court on a further modified complaint.

January 27th, 2023: Crown elects to proceed by indictment (the more serious option)

September 6th, 2024: After voir dire hearing, it’s ruled that Preik’s 3 interrogations (September 23rd, 29th, and November 2nd of 2021) are all admissible as evidence. See page 5.

Preik faces trial later this year, while MacKenzie had all of his charges thrown out.

Why Does Any Of This Matter?

MacKenzie has long stated that he turned in the group to avoid violent (armed) confrontation with the state. While difficult to swallow for many, it’s at least a plausible excuse to send the RCMP after someone. Regardless of one’s personal feelings, there’s a justification to do this.

That justification disappears once you look when things happened.

Preik had been interviewed at least 3 times by police in late 2021. They clearly knew who he was, but chose not to make any arrest then. In fact, they only acted just a day or so after MacKenzie was picked up in Nova Scotia.

It’s unrealistic to assume police simply ignored specific allegations about an armed militia (as MacKenzie made) for several months. But we’re supposed to believe that arrest came just after his…. and it’s entirely a coincidence.

Did MacKenzie call the RCMP to inform them about a violent threat?

Or did he do it to get himself released from prison?

And what’s the deal with his “continuous relationship” with law enforcement? Diagolon isn’t an entrapment operation, is it?

PREIK COURT DOCUMENTS:
(1) Preik Record Of Proceeding
(2) Preik Information
(3) Preik Release
(4) Preik Transcript January 28 2022
(5) Preik Transcript January 28 2022 Copy
(6) Preik Transcript August 2 2022
(7) Preik Transcript August 2 2022 Copy
(8) Preik Transcript January 27 2023 Elect Method
(9) Preik Transcript August 15 2024 Not Guilty Plea

MEDIA ATTENTION:
(1) https://globalnews.ca/news/8591403/rcmp-seize-firearms-in-b-c-following-probe-into-video-by-self-described-militia/
(2) Preik Arrest Global News Announcement
(3) https://www.rcmp-grc.gc.ca/en/news/2022/rcmp-arrest-man-firearms-offences
(4) RCMP arrest man for firearms offences
(5) https://www.antihate.ca/jeremy_raging_dissident_mackenzie_arrested_waving_handgun_local_business

SEARCH WARRANT FOR MACKENZIE:
(1) ITO Warrant Application For Jeremy MacKenzie January 22 2022

CSASPP Class Action Certification Application Still Under Reserve 2 Years Later

It has been a full 2 years since the Certification hearings concluded between CSASPP (the Canadian Society for the Advancement of Science in Public Policy), the British Columbia Government, and Provincial Health Officer, Bonnie Henry. No ruling has been made yet.

The Government is also asking the Court to strike the case altogether. While surviving such Applications is usually straightforward, a class proceeding complicates things.

The stakes are very high. If certified, the case would potentially create millions of Plaintiffs.

The hearings began in December of 2022, and were expected to conclude in a single week. That didn’t happen, so a week in April 2023 was needed to finish them off. Then, the decision was deferred.

Unfortunately, there’s no way to make any progress until this is settled once and for all.

In fairness to Justice Crerar, he has a big workload to deal with.

That being said, people do need an answer as to whether or not this case will be certified. 2 years is a long time to make a decision, even with an undertaking of this size. Hopefully, one will come soon.

Timeline Of Major Events In Case

January, 2021: The case was initially filed in January 2021 as a Proposed Class Action.

March, 2021: The B.C. Government responds to the lawsuit.

June, 2021: Plaintiffs bring their proposal for case management.

July, 2021: Defendants bring their own proposal to manage the case.

September, 2021: Notice of Civil Claim is amended.

December, 2022: Certification hearings start, but take longer than originally anticipated. They were intended to be completed over a single week.

April 2023: Certification hearings resume, taking up another week. The decision is under reserve, meaning it will be issued later. However, Justice Crerar would still make several subsequent requests for submissions based on related cases happening elsewhere.

July, 2023: Ingram, the disaster of a ruling, is brought to Justice Crerar’s attention. This is the Alberta ruling that struck down orders on a technicality (Cabinet interference), but otherwise okayed them in principle.

September, 2023: Bonnie Henry’s lawyer objects to CSASPP filing a Petition against the vaccine passport for health care workers, claiming the existing litigation amounts to a duplication, and hence, abuse of process.

April, 2024: Justice Crerar sends notice that he will likely be issuing a decision on the Certification Application within a month or so. As a result, CSASPP forwards several recent rulings on related issues. But, the ruling is further delayed.

May, 2024: Bonnie Henry’s lawyers are invited to make further written submissions.

April, 2025: Randy Hillier’s win at the Ontario Court of Appeal is forwarded.

So, When Will The Decision Be Made?

There’s no way to answer this.

Justice Crerar has since released decisions in other cases, although, they’re much simpler in scope. The ruling he issues — whatever it is — will impact millions of people. The various requests for submissions suggest that he’s trying to ward off any possibility of an appeal.

For what it’s worth, the overall quality of the filings has been very high. This is night and day different from another case in Vancouver.

It’s a game of hurry-up-and-wait.

LINKS TO REVIEW:
(1) https://justice.gov.bc.ca/cso/index.do
(2) https://www.covidconstitutionalchallengebc.ca/court-documents
(3) https://www.covidconstitutionalchallengebc.ca/status-updates
(4) https://www.covidconstitutionalchallengebc.ca/faq
(5) https://www.covidconstitutionalchallengebc.ca/transparency
(6) https://www.covidconstitutionalchallengebc.ca/hearing-videos
(7) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc2108/2022bcsc2108.html

DOCUMENTS AVAILABLE FROM CASE
(A) CSASPP 20210126 Notice of Civil Claim
(B) CSASPP 20210321 Request for Assignment of Judge
(C) CSASPP 20210331 Response to Civil Claim
(D) CSASPP 20210531 Cease and Desist Letter to Regulators
(E) CSASPP 20210621 CSASPPs Case Plan Proposal
(F) CSASPP 20210621 Dr Bonnie Henrys availability requested
(G) CSASPP 20210731 Defendants Case Plan Proposal
(H) CSASPP 20210813 Requisition for JMC for 1 October 2021
(I) CSASPP 20210817 Demand for Particulars
(J) CSASPP 20210821 Plaintiffs Response to Demand for Particulars
(K) CSASPP 20210913 Oral Reasons for Judgment Short Leave Application Seeking Stay
(L) CSASPP 20210915 Amended Notice of Civil Claim
(M) CSASPP 20211025 Affidavit No 2 of CSASPP Executive Director
(N) CSASPP 20211028 Proceedings in Chambers Defendants Application for Further Particulars
(O) CSASPP 20221101 Affidavit No 3 of Redacted Deponent Redacted
(P) CSASPP 20221102 Dr Henry and HMTKs Application Response for Webcast Application
(Q) CSASPP 20221115 Respondents Requisition Seeking 16 Nov 2022 CPC to Be Held by MS Teams

Rickard/Harrison Case Struck With Leave To Partially Amend, And The s.15 Deception

In recent years, there has been a common pattern happening in high profile lawsuits. Specifically, litigants have a tendency to file unnecessary Appeals, in order to delay their own cases. This happens when Judges permit amended versions to go forward, but are ignored.

Readers of this site have heard of the infamous 4 “travel mandates cases”, brought in 2021 and 2022. They’re perhaps the most egregious examples.

Summer of 2022, all 4 Applications were declared “moot” by Associate Chief Justice Gagné. This was because the vaccine passports weren’t in effect anymore. There was one important caveat though: Applicants were free to refile as an Action, with a Statement of Claim. This is clear in paragraphs 27, 41 and 46 of the decision.

Instead of filing Statement of Claims — which was expressly permitted — all of the Applicants appealed. Rickard/Harrison, Bernier, Peckford, Naoum, etc…. all filed Notice of Appeal. That’s correct, they appealed ACJ Gagné’s ruling, when they could have amended. No convincing explanation has ever been provided of why.

Lawyers for the Appellants then proceeded to crash their cases into the ground. Among other problems, they argued the wrong standard of review for mootness. Instead of properly arguing “overriding, palpable error”, 2 argued correctness, and the other 2 nothing at all.

Bernier, Peckford and Naoum all filed Applications for Leave, requesting that the Supreme Court of Canada hear their cases. Again, they appealed, when they could have amended. All Applications were denied.

Interestingly, none of Bernier, Peckford or Naoum appear to have filed a Statement of Claim afterwards, despite the fact that they could have. They simply abandoned their cases.

Instead of going to the Supreme Court, Rickard and Harrison finally filed their own claim in 2023, which was the more sensible option. But that, and the amended version had serious problems, with the Attorney General brining a Motion to Strike.

When Associate Judge Trent Horne eventually ruled, something interesting happened. The Section 7 and 12 claims were struck entirely, and the Section 6 (for Rickard only) as well. But while the Section 15 claims were struck as well, he granted leave to amend.

The public is being told that the case is “moving to Trial” on the s.15 claims. This is a gross misrepresentation of what the Judge said. Getting permission for a rewrite is not the same thing as getting the green light to move forward.

Rather than filing another version, Rickard and Harrison appealed again. Once more, they appealed a decision, when they could have amended their filings. Noticing a pattern here?

Results Of November 2024 Motion To Strike

  • Section 6 (mobility): Allowed to proceed for Harrison, struck entirely for Rickard
  • Section 7 (security): Struck entirely for both Rickard and Harrison
  • Section 12 (cruel/unusual): Struck entirely for both Rickard and Harrison
  • Section 15 (equality): Allowed to proceed for both Rickard and Harrison

This is what the pinned tweets of Rickard and Harrison say. But the truth is quite different.

  • Section 6 (mobility): Allowed to proceed for Harrison, struck entirely for Rickard
  • Section 7 (security): Struck entirely for both Rickard and Harrison
  • Section 12 (cruel/unusual): Struck entirely for both Rickard and Harrison
  • Section 15 (equality): Struck for both Rickard and Harrison, but with leave to amend

In reality, the case was struck entirely against Rickard. Harrison (being the only Canadian citizen), could pursue s.6 at any time. The only caveat is that they have an opportunity to file — yet another — version of the Statement of Claim for s.15.

This *may* be one of the reasons behind the latest appeal. Rickard’s only pathway (currently) at continuing the case is a long-shot attempt to redraft the Statement of Claim in a way that would allow the s.15 claims to go ahead. He doesn’t have s.6 to fall back on. This may be a way of creating a “backup”.

That may not be a bad idea. However, Rickard and Harrison need to be honest about the results of the Motion.

Rickard/Harrison V.S. What Horne Actually Wrote About S.15 Claims

The tweet is very long, but it does get to the specifics about each tort. For the most part, they’re accurate.

Paragraphs 54 to 61 of A.J. Horne’s decision make it very clear what happened regarding the Section 15 claims. They are not “proceeding to Trial”. They were struck, albeit with permission to amend.

[55] Vaccination status is not an enumerated ground in section 15, nor has it been recognized as an analogous ground. Analogous grounds are those similar to the enumerated grounds that would often serve as the basis for stereotypical decisions made not on the basis of merit but on the basis of a personal characteristic that is immutable or changeable only at unacceptable cost to personal identity (Corbiere v Canada (Minister of Indian and Northern Affairs), [1999] 2 SCR 203 at para 13).

[56] No material facts are specifically pleaded in respect of the section 15 claim. The plaintiffs broadly allege that the vaccine mandates, implemented through the IMOs, violate section 15.

[57] Charter actions do not trigger special rules on motions to strike; the requirement of pleading material facts still applies. The Supreme Court of Canada has defined in the case law the substantive content of each Charter right, and a plaintiff must plead sufficient material facts to satisfy the criteria applicable to the provision in question. This is no mere technicality, “rather, it is essential to the proper presentation of Charter issues” (Mancuso v Canada (National Health and Welfare), 2015 FCA 227 at para 21).

[61] While the chances of having vaccination status recognized as an analogous ground for the purposes of section 15 may be remote in light of the current jurisprudence, I am not satisfied that such an argument is bound to fail if the plaintiffs allege that vaccination would constitute an unacceptable cost to their personal identity, or would tear asunder immutable or even deeply held beliefs. Lewis and Costa do not foreclose this possibility, or stand for the proposition that vaccination status is incapable of constituting an analogous ground. While it may be dim, there is a “glimmer of hope” (La Rose at para 122) that vaccination status could be recognized as an analogous ground. Leave to amend to add a cause of action under section 15 is granted for both plaintiffs, however any such amendment must be fully and completely particularized.

It is possible that a new complaint would be drafted in such a way that the s.15 claims could go to Trial. However, that’s not what happened here at all. And it’s not just some technicality either.

Also, why appeal A.J. Horne’s ruling if you’re proceeding anyway?

This is the sort of thing Action4Canada did.

Rickard/Harrison Case Is PRIVATE Suit For Damages

[29] The plaintiffs submit that they are able to challenge IMOs as they relate to rail travel because an intention to travel by rail at the material time is irrelevant; they say the inability to travel by rail alone triggers the ability to advance a claim. I cannot agree. There is no indication in any version of the statement of claim that the plaintiffs ever intended to travel by rail when the IMOs were in place. There is no loss or harm, and no basis to claim damages, in this respect. A claim for damages based on railway travel would be an abstract complaint about a government restriction that had no impact or consequence on the plaintiffs. I fail to see how either of the plaintiffs have standing to advance a claim for damages based on a method of transportation they did not use, and expressed no interest in using. At the hearing, the plaintiffs directly stated that they are not advancing a claim based on public interest standing. Leave to amend in this respect is refused.

The original Statement of Claim, the amended version, and the proposed new version ask for anything other than money for themselves. No injunctive or declaratory relief is sought.

At the 2024 hearing, they make it clear that they are NOT seeking any sort of public interest standing, which would benefit many more people.

“Buyout” From Ottawa Is Always An Option

This has been stated before, but is worth repeating:

Because it’s a private lawsuit, seeking only monetary damages, Ottawa could always offer to pay it out, along with costs. This would mean no groundbreaking decision, and no precedent. And really, there’d be no practical way for the Plaintiffs to refuse such an offer.

Current Appeal Is A Somewhat Of A Gongshow

Because the ruling was from an Associate Justice, and not a full one, Rule 51 of the Federal Court Rules applies. This means that there is a 10 day time limit to file Motion to have it reviewed.

However, their lawyer missed the deadline to appeal by a few weeks, then requested an extension of time to file. The Crown decided not to oppose the request.

The Court did issue new direction on refiling, and the extension has since been approved.

Instead of filing a new Statement of Claim, Rickard and Harrison are appealing the portions that struck entirely, which are s.7 and s.12. Keep in mind, the Attorney General hasn’t initiated any Appeal. They’ve come solely from the Plaintiffs/Applicants. They’ve also mentioned the possibility of this upcoming decision being appealed as well.

Should that happen, things will probably take close to a year at the Federal Court of Appeal. Then, they’ll have to refile their claim, something they could have done months ago.

Or, to be more accurate, a Statement of Claim could have been filed in the Summer of 2022, after the original Applications were declared “moot”. That was nearly 3 years ago.

Think about it: we can be well into the year 2026, or even 2027, and these people will still be asking for money to file

*checks notes*

another Statement of Claim.

Note: All of the dates listed can be confirmed by searching the respective cases on the Federal Court website. It keeps a detailed listing of all significant events.

FEDERAL COURT APPLICATIONS STRUCK:
(1) https://www.canlii.org/en/ca/fct/doc/2022/2022fc1463/2022fc1463.html

FEDERAL COURT OF APPEAL RULING:
(1) https://www.canlii.org/en/ca/fca/doc/2023/2023fca219/2023fca219.html
(2) Travel Mandates Appeal Bernier Memorandum
(3) Travel Mandates Appeal Peckford Memorandum
(4) Travel Mandates Appeal Rickard-Harrison Memorandum
(5) Travel Mandates Appeal Respondents Memorandum

SUPREME COURT OF CANADA APPLICATIONS FOR LEAVE:
(1) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80713/2024canlii80713.html (Bernier)
(2) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80711/2024canlii80711.html (Peckford)
(3) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80702/2024canlii80702.html (Naoum)

RICKARD/HARRISON STATEMENT OF CLAIM:
(1) Rickard T-2536-23 Statement Of Claim
(2) Rickard T-2536-23 Notice Of Intent To Respond
(3) Rickard T-2536-23 Amended Statement Of Claim
(4) Rickard T-2536-23 Notice Of Motion
(5) Rickard T-2536-23 Motion Strike Statement Of Claim
(6) Rickard T-2536-23 Plaintiff Response To Motion To Strike
(7) Rickard T-2536-23 Motion To Further Amend Claim
(8) Rickard T-2536-23 Further Amended Statement Of Claim
(9) Rickard T-2536-23 Response To Plaintiff Motion To Amend
(10) Rickard T-2536-23 Decision For Motion To Strike
(11) Rickard T-2536-23 Rule 51 Motion Appealing AJ Horne Decision
(12) Rickard T-2536-23 Letter From Crown On Extending Time To Appeal
(13) Rickard T-2536-23 Order Regarding Motion To Extend Time

MISCELLANEOUS:
(1) https://x.com/ShaunRickard67/status/1840070389965128046
(2) https://www.freedomandjustice.ca/donate/
(3) CRA Page Of Institute For Freedom And Justice
(4) Corporations Canada Page

STANDARD OF REVIEW:
(1) https://www.canlii.org/en/ca/scc/doc/2002/2002scc33/2002scc33.html
(2) Housen (Highlighted)

What Max Really Means With “The U.N. Is Dysfunctional” Sales Pitch

With the upcoming Federal election just days away, let’s dig a little bit into an old slogan.

Specifically, it’s the expression that “the United Nations is dysfunctional”. It’s something Maxime Bernier has said many times over the years, although the justifications have changed.

According to Bernier in his 2016/2017 CPC leadership race, this is the reason he stated that the United Nations was dysfunctional:

I won’t aim to please the foreign affairs establishment and the United Nations — a dysfunctional organisation which for years has disproportionately focused its activities on condemning Israel. Instead, I will ensure our country’s foreign policy will be refocused on the security and prosperity of Canadians.

Keep in mind, Bernier was Foreign Affairs Minister from 2007 to 2008. His job was to be up to date on what was happening internationally. Sure, there are many reasons that the U.N. could be viewed as dysfunctional. However, the only one he gave was that it spent too much time criticising Israel.

And why was the United Nations regularly condemning Israel? For continued expansion in the Middle East, and of violating various ceasefire agreements, among other things. The various resolutions are publicly available.

This isn’t a “Canada first” approach to foreign policy. It’s Bernier telling the U.N. to shut up about what’s going on in the region. It’s probably a very popular position in mainstream conservative circles.

Here’s the more recent, cleaned up version from the PPC website:

Over the past several years, Canada has signed many UN treaties, accords and compacts on issues ranging from global warming to migration and sustainable development, that tie us to the globalist agenda. The United Nations is a dysfunctional organisation where non-democratic countries, because of their large numbers, have the most influence. This leads to ridiculous situations. For example, several of the member states on the UN Human Rights Council are among the worst human rights offenders in the world. As one country among almost 200, Canada has no interest in seeing the UN grow into a more powerful, quasi-world government.

It certainly is ridiculous that some of the worst human rights offenders are part of the Human Rights Council. No sensible person would dispute that. That being said, it wasn’t enough of a concern when he ran for the CPC leadership to even put in his platform.

He likely realized it would be too hard to “sell” himself as a populist with the old version, so it needed to be amended.

And as for a quasi-world government, it’s strange that he seemed to have no idea what was happening under his nose in 2007. Again, he was the Foreign Affairs Minister.

His current stance is to rail against “neocons” who see nothing wrong with engineering regime change in places such as Ukraine. On the surface, there’s nothing to disagree with here.

Economic sanctions against Russia were a geopolitical blunder on the West’s part that backfired. They destabilized the global economy, and pushed the Russians into the arms of the Chinese. There is no reason to treat Russia as our enemy. The war did not start with Russia’s invasion of Ukraine in 2022, but when the neoconservatives in the US and their allies in Ottawa and European capitals engineered the regime change in Ukraine in 2014. It could have been avoided if NATO had not tried to encircle Russia and had given Putin assurances that Ukraine would never join it as a member.

However, some consistency would be nice.

Bernier voted to extend Canada’s commitment to war in the Middle East in 2006, and again in 2008. Apparently, he had no issue with prolonging our role in a foreign conflict and regime change. He’s against neocons and warmongers, except when he’s acting as one of them.

He’s extremely vague about what “our values” are as Canadians, and mostly refuses to specify what kinds of groups should be excluded from this country. There is one exception, what he calls “radical Islam”.

There are also some double standards surrounding free speech and political influence. Conservatives railed against Iqra Khalid’s Motion, M-103, which resulted in money being spent to combat Islamophobia. But they were supportive of Bill C-250, which jails people for Holocaust denial. And while Trudeau (rightfully) took flack for his trip to Aga Khan’s island, those same conservatives participate in taxpayer funded trips to Israel. Sure, China is a danger, but it’s hardly the only one.

Then there’s the issue of supporting Bill C-16, compelled speech for gender pronouns.

While Bill C-63 (Online Harms Act) was justifiably criticized, there’s silence on some of the foreign lobbies who are pushing for it. See here and here. If free speech is going to be gutted, there needs to be an honest and frank discussion about where it’s coming from.

Why does all of this matter? Because the whole “populist” narrative comes across as completely fake. It gives off the vibes of someone just going through the motions, for $104,000 per year.

***Edit: Bernier also voted for Tony Clement’s Motion condemning BDS (ban, divest, sanction) actions that would be directed at Israel. This hasn’t happened with any other foreign country.

There are, of course, the usual concerns about the lack of a constitution, or a genuine leadership race. Recently, Max bought a retirement home in Florida, and appears to live there. But even if PPC were a real party, who would be influencing it?

(1) Wayback Machine Link To Bernier’s Website
(2) https://www.peoplespartyofcanada.ca/issues/foreign-policy
(3) https://www.ourcommons.ca/Members/en/votes/39/1/9
(4) https://www.ourcommons.ca/Members/en/votes/39/2/76
(5) https://www.ourcommons.ca/Members/en/votes/42/1/237
(6) https://www.ourcommons.ca/Members/en/votes/42/1/126
(7) https://ciec-ccie.parl.gc.ca/en/publications/Pages/SponsoredTravel-DeplParraines.aspx
(8) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=610896
(9) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=607729
(10) https://www.cbc.ca/news/politics/peoples-party-canada-maxime-bernier-1.5695908
(11) https://www.ourcommons.ca/members/en/votes/42/1/14

BCPSEF And UHCWBC Certification Hearings In A Week Over s.2(d) Violations

During the week of April 28th to May 2nd, 2025, the fates of 2 Proposed Class Actions are to be determined in a Victoria Court. These are on behalf of B.C. public sector employees, and B.C. health care workers, both current and former. Their employment was threatened by injection mandates a few years ago.

The British Columbia Supreme Court will hear both: (a) Applications to Certify; and (b) Applications to Strike. The decisions will almost certainly be deferred until later.

The groups organizing and arranging funding are: (a) BCPSEF, B.C. Public Service Employees for Freedom; and (b) UHCWBC, United Health Care Workers of B.C.

Because of the overlap in the cases, they’ll be argued at the same time. This is often done to save time and money for everyone involved.

See Parts 1, 2, 3, 4, and especially 5. These cases are all very similar.

Application To Strike BCPSEF Claim Entirely

5. The plaintiff was a unionized employee of the Province within the BC Public Service. At all material times, his employment was subject to the collective agreement between his union, the B.C. General Employees’ Union (the “GEU”), and his employer, the Province.

9. On January 11, 2022, the GEU filed a grievance on behalf of the plaintiff, challenging the Province’s decision to put him on leave without pay. On August 15, 2022, the GEU notified the plaintiff that it was withdrawing his grievance because the GEU had determined the grievance did not have a reasonable chance of success.

21. Jurisdiction in this case is determined through the “essential character” framework set out by the Supreme Court of Canada in Weber v. Ontario Hydro. The central question is whether the cause of action arises “from the interpretation, application or alleged violation of the [plaintiff’s] collective agreement”. Plaintiffs cannot avoid arbitration by pleading causes of action or wrongs which are typically adjudicated outside the labour relations process. Rather, the central focus of the analysis is the facts of the complaint, not the legal form in which the complaint is advanced. Accordingly, Charter and tort claims fall within the exclusive jurisdiction of a labour arbitrator if their “essential character” relates to the interpretation and application of a collective agreement.

22. The connection between the dispute and collective agreement does not need to be explicit or direct. Rather, defendants need only establish that the dispute arises “inferentially” out of the collective agreement to have it struck under Rule 21-8. This is consistent with the Supreme Court of Canada’s direction to adopt “a liberal position” under which the legislative intention to grant labour arbitrators “broad exclusive jurisdiction over issues relating to conditions of employment” is given effect.

The B.C Government is asking that the Baldwin case (BCPS) be thrown out on the grounds that grievance structure provides for an alternative remedy. Consequently, the Courts have no jurisdiction.

This is essentially the same arguments that Payne (Feds4Freedom) made in Federal Court, and that case survived a Motion to Strike. In fairness, it is currently under appeal. This isn’t to say that either Payne or Baldwin are hopeless, but this is something to consider.

In their response, BCPS stated that: “The Plaintiffs allege that the Impugned Order and Regulation imposed terms on the Plaintiffs’ employment that were contrary to (and indeed uncontemplated by) the relevant collective agreements.” In short, the manner in which this was handled falls far outside the scope of any grievance scheme available.

Essentially, it’s a re-argument of the Payne case. If the employer (namely, Government) unilaterally changes conditions of employment and circumvents the grievance system, are workers still expected to follow it?

Application To Strike UHCWBC Claim Entirely

17. This action is an abuse of process for two reasons.
18. First, the plaintiffs are attempting to usurp the roles of their unions. Unionized employees give up certain individual rights in exchange for certain collective powers exercisable through unions. The issues raised in this action could have been, and in some instances were, raised by unions through the mandatory grievance and arbitration processes set out in the relevant collective agreements. Many of those grievances have now been settled. To the extent that unions have settled grievances filed by the plaintiffs or putative class members, the issues raised by those grievances are res judicata and it is abusive for the plaintiffs to attempt to re-litigate them in this action. If the plaintiffs (or any putative class members) are dissatisfied with how their unions have handled or settled their grievances, their remedy is a fair representation complaint under s. 12 of the Labour Relations Code.

24. Dealing first with the inducing breach of contract claim, one element of this tort is, of course, a breach of contract. To succeed in his inducing breach of contract claim against the PHO and Province, Mr. Ferguson would have to show (among other things) that his employer, the Vancouver Island Health Authority, breached the collective agreement between the Facilities Subsector Bargaining Association and HEABC by suspending him without pay and terminating his employment. Ms. Perepolkin would have to show that her employer, the Interior Health Authority, breached the collective agreement between the Health Sciences Association and HEABC.

The B.C Government is also asking that the health care workers case be thrown out as well. It raises somewhat different issues.

The Government argues that the Representative Plaintiffs (Ferguson and Perepolkin), should have grieved through their respective unions against the employers.

But here’s where things get interesting: The Provincial Government isn’t the employer. They can’t invoke collective bargaining agreements they aren’t part of. Instead, the Claim accuses them of inducing a breach of contract of third parties. In other words, they meddled in someone ELSE’S business.

In the Hill case (FreeToFly), the Motion to Strike was dismissed because of this distinction. It was never appealed, and is soon to face its own certification hearings.

Things *might* be trickier since Ferguson and Perepolkin have already settled their cases internally. That said, it doesn’t remove the fact that their employment was messed with in the first place. And again, the Province isn’t the employer.

Certification Applications For Both BCPSEF And UHCWBC

Both BCPSEF and UHCWBC have submitted their Certification Applications. Other Affidavits were subsequently filed in support.

For most lawsuits, all of the parties are named at the start. Class Actions differ significantly because they allow many more Plaintiffs (and sometimes Defendants) to be added later. Here, a Judge must be satisfied that the Representative Plaintiff(s) speaks for a class of people, or classes. Also, it must be demonstrated that such litigation would be an effective way of dealing with all these claims at once.

These hearings aren’t to try the case. Instead, they’re to convince the Court that such a proceeding should be allowed to go ahead.

The Government raises the usual objections over abuse of process, and some new ones. Specifically, these cases might overlap with the CSASPP Proposed Class Action that has been under reserve for 2 years now. Another possible conflict is with a case called Ferguson. Hopefully, that can be resolved.

Questions are also raised about potential lack of common issues, and the feasibility of taking on such cases.

There is a joint response for both BCPSEF and UHCWEF, and an interesting read.

How These Various Proposed Class Actions Differ

CASE NAMES PAYNE/BCPSEF HILL/UHCWBC/UHCWO
Government Workers? Yes No
Filed Federally? Payne Hill
Filed in B.C.? BCPSEF UHCWBC
Filed in Ontario.? n/a UHCWO
Wrongful Termination by Gov’t? Yes No
Inducement to Breach Contract? No Yes
Breach s.2(d) Charter Rights? Yes Yes
Malfeasance of Public Office? Yes Yes

Given that Hill and Payne both survived initial challenges in Federal Court, this is promising. Of course, there’s no guarantee of what this Judge will do.

We’ll have to see at the end of April.

BCPS EMPLOYEES FOR FREEDOM COURT DOCUMENTS:
(1) BCPS Notice Of Civil Claim October 2023
(2) BCPS Amended Notice Of Civil Claim April 2024
(3) BCPS Response To Civil Claim May 2024
(4) BCPS Requisition Case Management August 2024
(5) BCPS Notice Of Application Certification October 2024
(6) BCPS Notice Of Application To Strike October 2024
(7) BCPS Response To Application To Strike November 2024
(8) BCPS Consent Order Scheduling Of Materials January 2025
(9) BCPS Plaintiff Submissions Certification And Strike December 2004
(10) BCPS UHCWBC Plaintiff REPLY Submissions Cert/Strike January 2025

UHCWBC COURT DOCUMENTS:
(1) UHCWBC Notice Of Civil Claim October 2023
(2) UHCWBC Amended Notice Of Civil Claim April 2024
(3) UHCWBC Response To Notice Of Civil Claim May 2024
(4) UHCWBC Amended Response To Notice Of Civil Claim May 2024
(5) UHCWBC Requisition For Case Management Scheduling August 2024
(6) UHCWBC Notice Of Application For Certification October 2024
(7) UHCWBC Response To Application For Certification October 2024
(8) UHCWBC Notice Of Application To Strike Claim October 2024
(9) UHCWBC Consent Order Scheduling October 2024
(10) UHCWBC Response To Application To Strike November 2024

FREE TO FLY FEDERAL COURT DOCUMENTS:
(1) Hill Proposed Class Action Statement Of Claim May 2023
(2) Hill Order Case Management June 2023
(3) Hill Amended Statement Of Claim October 2023
(4) Hill Defendant Motion Record To Strike Claim April 2024
(5) Hill Plaintiff Responding Motion Record To Strike Claim May 2024
(6) Hill Plaintiff List Of Proposed Amendments May 2024
(7) https://www.canlii.org/en/ca/fct/doc/2025/2025fc242/2025fc242.html

PAYNE APPEAL DOCUMENTS:
(1) Payne Notice Of Appeal January 2025
(2) Payne Notice Of Appearance January 2025

PAYNE FEDERAL COURT DOCUMENTS:
(1) Payne Statement Of Claim October 2023
(2) Payne Notice Of Intent To Defend November 2023
(3) Payne Letter Intent To Strike May 2024
(4) Payne Defendant Motion Record To Strike August 2024
(5) Payne Plaintiff Responding Motion Record October 2024
(6) https://www.canlii.org/en/ca/fct/doc/2025/2025fc5/2025fc5.pdf
(7) https://www.canlii.org/en/ca/fct/doc/2025/2025fc5/2025fc5.html

UHCWO COURT DOCUMENTS:
(1) Wolfs Draft Statement Of Claim
(2) Wolfs Statement Of Claim August 2024

A Look At The Hillier Ruling: Appeal Overturns Ban On Public Gatherings

Nice to cover a win, rare as they may be.

Last week, the Court of Appeal for Ontario overturned a ruling which found “stay-at-home” orders from 2021 to be justified, even if they did breach the Charter. The Application came from former Ontario MPP, Randy Hillier. This comes 4 years after Doug Ford effectively placed the entire Province under house arrest.

In the end, the Court of Appeal boiled it down to a simple 2-part question:

[47] The issues raised in this case are as follows:

(a) did the Gathering Restrictions violate Mr. Hillier’s freedom of peaceful assembly as provided for in section 2(c) of the Charter?

(b) if yes, is the violation justified under s. 1 of the Charter?

The Appellate Court indeed found that the orders did in fact amount to a breach of rights that couldn’t be justified. In particular, the way some gatherings could be accommodated, but not others, was very revealing.

[7] Despite these cautions, I conclude that the gathering limits at issue in this case were not demonstrably justified under s. 1 of the Charter. This case is materially different from Trinity Bible Chapel. First, this case concerns an absolute, rather than partial ban. Second, while Ontario tailored restrictions on religious gatherings to facilitate freedom of religion, no such tailoring was performed to facilitate the right to peacefully assemble. The evidence discloses that Ontario failed to consider the impact of the gathering limits on s. 2(c) of the Charter. The pandemic posed significant challenges for Ontario, but the Constitution does not fade from view in times of crisis.

Various public officials “claimed” that there has been all kinds of consultations done to ensure protection of rights, or at least some of them. This seems designed more to protect themselves from future challenges, than any sincere effort. Freedom of assembly didn’t make the list, for some reason.

Now, things should have been straightforward. However, Government lawyers have been quite good at convincing Judges that suspending rights (on the flimsiest of bases). “Trust me, Bro” has been the way it’s worked for a while.

While the Appeal seemed to be a long shot, there were at least 2 things which helped. First, several cases the Government relied on weren’t entirely helpful. Second, creating multiple “tiers” of protected rights involved some mental gymnastics to explain.

Ontario Superior Court Dismisses Application

From reading the original ruling, a familiar issue comes up.

[72] Mr. Hillier concedes that the Gathering Restrictions were enacted to address a pressing and substantial concern, namely COVID-19. This included the pressing need to reduce the transmission of COVID-19, and to reduce hospitalization and ICU admissions. The Court of Appeal in Trinity Bible found COVID-19 was a pressing and substantial concern in the spring of 2021. The Court of Appeal further accepted the motion judge’s finding that the “the objective of the religious gathering restrictions was to reduce COVID-19 transmission, hospitalization and death, and to mitigate threats to the integrity of the healthcare system”:

[73] As reviewed earlier in this decision, these were factually the same considerations before me. The rising caseloads and mounting deaths required government action. Without government intervention and restrictions, many more people would die. In Ontario, the pressing and substantial concern was heightened because its healthcare system, particularly the hospital sector, was close to its breaking point. Not only were those who suffered from COVID-19 at risk, but so were all the Ontarians who might need acute hospital care. There was no immediate fix to this long-standing structural problem, aside from doing all that was possible to reduce the spread of COVID-19. In short, it is hard to envision a more pressing and substantial objective.

[74] Accordingly, while I would have come to the same conclusion, there is no factual or legal basis for me to depart from the finding in Trinity Bible, that the Gathering Regulations were enacted to address the pressing and substantial objective of reducing the transmission of COVID-19.

The ruling, like so many, seems to “defer to the experts” without posing any real challenge. It this the best approach?

This may be a purist stance to take. But playing along with the Government narrative of there being a “pressing and substantial concern”, dooms many of these cases to fail. Under the Oakes Test, virtually any infringement of rights can be justified if it’s deemed to be:

(a) Pressing and Substantial Objective
(b) Rational Connection
(c) Minimal Impairment

By conceding the first (and really, the second) parts here, litigants are reduced to arguing that the impairment is not minimal, and is excessive.

In this instance though, tying this to Trinity Bible Chapel hurt initially, although it was ultimately useful later on. Justice Callaghan ruled that the outdoor assemblies could be restricted, much like a church could. That led to the Application being dismissed.

But there was one important difference: religious gatherings were restricted, while political gatherings were prohibited outright. That would change everything on Appeal.

As an aside, this ruling was cited by the Alberta King’s Bench in May 2024. Club Ménage, a polygamy group, challenged Land Use By-Laws which prohibited certain type of gatherings. In this context, it appears to be a swinger’s club.

Court Of Appeal Overturns Lower Court Ruling

Here’s how the Hillier Appeal was framed. It was over 2 questions of law. The Court seemed to focus almost exclusively on the second, while side-stepping the first.

The Applicant raises two issues in this Appeal, namely:
1) that the Application Judge erred in his application of the minimal impairment branch of the test cited in R v Oakes; and
2) that the Application Judge erred in upholding government action that created a constitutionally impermissible hierarchy of rights.

One of the cases, interestingly enough, that Hillier relied on in his Appeal was Ontario v. Trinity Bible Chapel et al. This matters, because even when Courts found “restrictions” to be justified, they never entirely banned religious gatherings. They were just made very inconvenient.

[155] Finally, it is important to note that, throughout the pandemic, religious gathering limits were carefully tailored to reflect evolving circumstances, new scientific evidence, and changing levels of risk. Ontario never completely banned religious gatherings. Even when risk was at its highest, and public health at its most precarious, religious institutions were permitted to have upwards of ten persons together, to facilitate virtual or drive-in services.

[167]… Yet, it remains the fact that, despite the claimants’ characterization as such, there was never a complete ban on religious gatherings or religious activity. It was always open to the churches to deliver services to congregants, albeit in a less than optimal fashion. Gathering limits imposed a significant burden on religious activity, but they did not prevent it from occurring.

By this logic, how then could Ford justify a stay-at-home order which permitted one type of protected activity (religious in nature), while outright banning another (political assembly)? While Trinity is often seen as a bad ruling, there was something good within it.

It stands to reason that public assembly could be permitted, with similar restrictions. But the reason it was not: political gatherings are a potential threat to Government, while religious gatherings aren’t.

58. Mr. Hillier’s third argument on appeal is that the application judge “erred in law in upholding a hierarchy of rights established by Ontario” through the Gathering Limits. This is how Mr. Hillier describes the fact that the Gathering Limits prohibited outdoor gatherings for political purposes while allowing certain religious gatherings.

59. This is a new argument on appeal which this Court should not entertain. As a general rule, appellate courts will not entertain new issues on appeal. The application judge’s reasons contained no analysis of a “hierarchy of rights” because Mr. Hillier did not make this argument below, and therefore this Court would have to consider this argument as a matter of first impression. There is no exception to the rule against new arguments on appeal for constitutional claims.

The Government lawyers complained that “hierarchy of rights” was a new issue on Appeal, and should not be considered. That said, they concede that Hillier had referred to other types of activities, such as religion, sports events, and shopping. They then go on to argue (essentially) that any sort of activities can be restricted if it is deemed to be necessary.

In other words, hypocrisy had been addressed before, even if “hierarchy of rights” was a new term.

Hillier wasn’t really introducing a brand new issue, but making better arguments.

Sanity did prevail at the Court of Appeal.

Timeline Of Major Events In Case

June 13th, 2022: Hillier files Notice of Application in Toronto.

October 6th, 2022: Hillier files Notice of Constitutional Question.

May 4th, 2023: Hillier is questioned during discovery.

May 5th, 2023: Joel Kettner is questioned during discovery.

May 16th, 2023: Kevin Bardosh is questioned during discovery.

June 7th, 2023: Hillier files Factum (arguments) for hearing.

July 7th, 2023: Ontario files Responding Factum.

July 21st, 2023: Hillier’s Reply Factum comes in.

July 27th/28th, 2023: Application is heard in Provincial Court.

September 12th, 2023: Supplementary submissions are filed after the fact.

November 13th, 2023: More supplementary submissions are filed.

November 22nd, 2023: Ontario Superior Court dismisses the Application.

February 26th, 2024: Appellant’s (Hillier’s) Factum is filed.

May 23rd, 2024: Respondent’s (Government’s) Factum is filed.

September 19th, 2024: Appeal is heard in Toronto.

April 7th, 2025: Ontario Court of Appeal overturns ONSC decision.

With all this in mind, some perspective is needed. Doug-The-Thug is still in power, and in fact, was re-elected in 2022 and 2025. He’s faced no real consequences for doing any of this. Hopefully though, there will be more pushback the next time such a tyrant wants to impose martial law.

ONSC COURT DOCUMENTS:
(1) Hillier Notice Of Application
(2) Hillier Notice Of Constitutional Question
(3) Hillier Transcript Of Hillier
(4) Hillier Transcript Of Bardosh
(5) Hillier Transcript Of Kettner
(6) Hillier Factum
(7) Hillier Responding Factum
(8) Hillier Reply Factum
(9) https://www.canlii.org/en/on/onsc/doc/2023/2023onsc6611/2023onsc6611.html

ONCA COURT DOCUMENTS:
(1) HIllier APPEAL Appellant Factum
(2) HIllier APPEAL Respondent Factum
(3) https://www.canlii.org/en/on/onca/doc/2025/2025onca259/2025onca259.html