Author: Ronnie

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O.I.C. 2022-1144: Handgun Sales Banned In Canada, Effective October 21

Without going through the legislative process, the Canadian Government has banned the sale, purchase or transfer of handguns. This has been done by Order In Council, and not by a vote. The specific Order is #2022-1144, from the Ministry of Public Safety.

The disarmament of the Canadian public continues, piece by piece.

Bill C-21 would have made a number of changes, including this ban on handgun sales.

The earlier incarnation of this Bill died when the Fall 2021 election was called. A similar version was re-introduced, with many of the same draconian measures. This includes red flag laws and yellow flag laws. That being said, it seems the Government isn’t willing to wait, or to take the chance that this won’t pass either.

This isn’t the first time (even on this Bill) that Ottawa has unilaterally implemented a portion of its own legislation without debate. On August 19, 2022, the importation of handguns into Canada was banned

Bill C-21 is currently only in its second reading, and addresses portions of the Firearms Act, such as:

Registration Certificates
Marginal note:Registration certificate
12.1 A registration certificate may only be issued for a prohibited firearm or a restricted firearm.

This would have been changed by adding that by adding a provision that a certificate cannot be issued for a handgun.

Apparently, any handgun applications submitted before today will still be processed, but any new ones will not.

Many predicted that after O.I.C. 2020-0298 (banning hundreds of models by executive decision), the incremental cuts would come. Keep in mind, it’s too obvious to do all at once, so the rights must be whittled away in a piecemeal fashion in order to succeed.

Now, how long until there’s a new O.I.C. to confiscate all handguns completely?

(1) https://orders-in-council.canada.ca/results.php?lang=en
(2) https://orders-in-council.canada.ca/attachment.php?attach=42706&lang=en
(3) https://www.parl.ca/legisinfo/en/bill/44-1/c-21
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-21/first-reading
(5) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(6) https://canucklaw.ca/ottawa-to-ban-handgun-imports-august-19th-using-regulatory-measure/
(7) https://nationalpost.com/news/canada/canada-bans-new-handgun-sales-in-latest-gun-control-action
(8) https://twitter.com/JustinTrudeau/status/1583502471238160384

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Supreme Court Reserves Decision On Challenge To Safe Third Country Agreement

The Supreme Court of Canada recently heard a challenge to strike down the Safe Third Country Agreement (S3CA), on grounds that it violates the Charter of Rights. This was based on 3 consolidated cases of people attempting to enter Canada from the U.S., and being denied.

The primary NGOs acting were: (a) Amnesty International; (b) the Canadian Council for Refugees; and (c) the Canadian Council of Churches. However, there were others who piled on, demanding open borders for people entering Canada illegally.

  • Appellant Canadian Council for Refugees et al.
  • Appellant Minister of Citizenship and Immigration Minister of Public Safety and Emergency Preparedness
  • Intervener Association québécoise des avocats et avocates en droit de l’immigration
  • Intervener David Asper Centre for Constitutional Rights et al
  • Intervener National Council of Canadian Muslims et al
  • Intervener Canadian Association of Refugee Lawyers
  • Intervener Queen’s Prison Law Clinic
  • Intervener Canadian Civil Liberties Association
  • Intervener British Columbia Civil Liberties Association
  • Intervener Advocates for the Rule of Law
  • Intervener Rainbow Railroad
  • Intervener HIV AIDS Legal Clinic of Ontario
  • Intervener Canadian Lawyers for International Human Rights et al
  • Intervener Rainbow Refugee Society

It’s strange that virtually any special interest group can get standing as an intervenor to attack our borders. Meanwhile, actual citizens don’t have standing to demand that laws and borders be enforced.

For context, it’s important to realize that attacking the function of a border is not new. In fact, these groups have been at it for a long time. Here are some of their efforts. Note: these listings are not exclusive.

Efforts appear to have kicked off after January 1, 1989. This was based on changes to the procedures for determining whether applicants come within the definition of a Convention Refugee.

First attempt to remove “safe country” designation:

April 26, 1989, the Federal Court dismissed an application to strike from the Attorney General of Canada. This had been brought on the basis that the Canadian Council of Churches did not have standing to bring the action and had not demonstrated a cause of action.

March 12, 1990, the Federal Court of Appeals refused to hear the challenge of this idea, since no country had yet been designated a “safe country”. In other words, the Canadian Council of Churches had simply fought the concept of a safe country designation.

January 23, 1992, the Supreme Court disallowed the challenge on the grounds that the CCC lacked the necessary standing, and that there were other, more effective ways to achieve their results.

Second attempt to remove “safe country” designation:

December 2004, the Canada/U.S. Safe Third Country Agreement comes into effect. It’s worth noting that it’s really a 3-way treaty that includes the UNHCR, or United Nations High Commission on Refugees. Of course, there are also limitation and exceptions that make it largely worthless.

November 29, 2007, the Federal Court ruled that the S3CA violated Sections 7 and 15 of the Canadian Charter, and that they couldn’t be “saved” as reasonable limitations under Section 1. Ottawa decided to appeal that ruling.

June 27, 2008, the previous ruling was set aside on the grounds that appearing at a border port meant they could be turned away, and that it wasn’t a breach of international obligations.

Third attempt to remove “safe country” designation:

July 23, 2015, the Federal Court allowed reconsideration of refugee applications from people coming from Hungary and Serbia. Up until this point, those countries were considered “safe” under the Designation Country of Origin (DCO) policy. This meant that approximately 40 countries — mainly in Europe — were viewed as safe. As a result, there would be mechanisms to expedite the process (and deportations) of claimants from there.

May 17, 2019, the Trudeau Government ended the DCO practice. This meant that no source country would automatically be considered “safe”, for people coming to Canada. Considering the S3CA was still in place, that left the United States as the only country that people could be turned away from (close to automatically). The list (and dates) are still available for reference.

Fourth attempt to remove “safe country” designation:

July 22, 2020, the Federal Court ruled that Section 7 of the Charter (security of the person) was violated by the S3CA. While Section 15 (equality) was cited as well, the Judge declined to rule on that provision. Barring an appeal, or legislative changes, the treaty was effectively dead.

April 15, 2021, the Federal Court of Appeals overturned that decision. Section 7 was no violated after all. Now, there had been a cross appeal, as the initial Judge declined to address Section 15. That was dismissed as well, meaning the S3CA was restored to its original form.

October 6, 2022, the Supreme Court hears arguments on striking down the S3CA on constitutional grounds. The decision is reserved, and it’s unclear when the ruling will occur. This is where we are today.

There’s a certain hypocrisy that needs to be pointed out: Refugee groups attack the S3CA, at least partially on the grounds that the U.S. is an unsafe country, and that they need better protection. In the meantime, these same groups promote refugee resettlement into America, as it’s a safe haven. In other words, whether or not the U.S. is safe depends entirely on who the audience is.

Of course, there was never any consultation with Canadians as to whether this is what they really wanted. It’s outrageous that the citizens might want to weigh in.

There’s also another elephant in the room that needs to be addressed: having lax border policies makes it easier to smuggle (or worse, traffic) people into another country. This does nothing to address that problem, but more on that elsewhere on the site.

(1) https://scc-csc.ca/case-dossier/info/sum-som-eng.aspx?cas=39749
(2) https://scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=39749
(3) https://www.canlii.org/en/ca/fct/doc/1989/1989canlii9436/1989canlii9436.html
(4) https://www.canlii.org/en/ca/fca/doc/1990/1990canlii8019/1990canlii8019.html
(5) https://www.canlii.org/en/ca/scc/doc/1992/1992canlii116/1992canlii116.html
(6) https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html
(7) https://www.canlii.org/en/ca/fct/doc/2007/2007fc1262/2007fc1262.html
(8) https://www.canlii.org/en/ca/fca/doc/2008/2008fca229/2008fca229.html
(9) https://www.canlii.org/en/ca/fct/doc/2015/2015fc892/2015fc892.html
(10) https://www.canada.ca/en/immigration-refugees-citizenship/news/2019/05/canada-ends-the-designated-country-of-origin-practice.html
(11) https://www.canlii.org/en/ca/fct/doc/2020/2020fc770/2020fc770.html
(12) https://www.canlii.org/en/ca/fca/doc/2021/2021fca72/2021fca72.html

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Danielle Smith Already Backpeddling On Protecting Medical Autonomy

This topic had been covered a few months ago, when the campaign had been ongoing. Unfortunately, none of the major issues from this article were addressed in any meaningful way.

Smith made headlines throughout the country recently, openly admitting that the “unvaccinated” were in fact a group that was openly discriminated against. It was refreshing to finally hear someone say this.

While this was welcomed, already, cracks were beginning to form in the persona Smith presented. This had been covered before as well. Although she presented as outraged in her remarks, Smith came across more as if she were reading a script that had been rehearsed.

However, she backpeddled the next day on that. As soon as other groups start whining about oppression, she caved in on what appeared to be a principled stance. Of course, there were the larger issues that remain unspoken.

  • Canada being a signatory to the World Health Constitution destroys any real sovereignty
  • Public Health Agency of Canada a defacto branch of W.H.O.
  • Bill C-12, 2005 Quarantine Act written by W.H.O., not elected M.P.s
  • Quarantine Act is national implementation of Int’l Health Regulations, 3rd Ed.
  • Alberta Public Health Act is local implementation of Quarantine Act

While professing her desire to protect Albertans from Government overreach, Smith says nothing about the structure in place that will make this next to impossible. She either omits (or is unaware) that both Jason Kennery and Rachel Notley are promoted by the World Economic Forum.

Additionally, Smith downplays just how rampant the deception of this “pandemic” has really been. She plays along with the narrative that there really is a virus, and that there was just overreaction.

What kind of party will she be leading anyway? The U.C.P., United Conservative Party, was either too weak — or complicit — to stop Jason Kenney, Tyler Shandro and Deena Hinshaw from imposing “medical” tyranny in the first place. Incidently, she hasn’t called for imprisoning them, either. Innocent people were fined and/or jailed for simply trying to live their lives.

There’s never been any sort of apology for accepting the CEWS money, from the Canada Emergency Wage Subsidy program. The U.C.P. got paid the bailout money, and touted the narrative that there was a global pandemic. Of course, they aren’t alone.

Smith suggests amending the Human Rights Act as a means to ensure there wouldn’t be discrimination against people in these circumstances again. As with many things, the devil’s in the details, and it’s unclear how this would be done. These “Codes” are commonly used as weapons for fringe minority groups to flex their muscles. Rarely, is it used to actually protect rights.

When Smith made this announcement, she was denounced for it. This was for suggesting that this group was the most seriously targetted. The entire backlash comes across as a dog-and-pony show.

Makes one wonder if she was serious about that Alberta Sovereignty Act being proposed, or whether that was just a stunt to get elected.

(1) https://canucklaw.ca/what-danielle-smith-isnt-telling-her-supporters/
(2) https://www.bitchute.com/video/CleEuVnGX7D6/
(3) https://twitter.com/ABDanielleSmith/status/1580257060465541120
(4) https://twitter.com/ABDanielleSmith/status/1578435669286092801
(5) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/dsplyBscSrch
(6) https://daniellesmith.ca/alberta-sovereignty-act/

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Bill C-75: Removing Prohibition On “Misinformation” From Criminal Code (Reminder)

Bill C-75 has been covered a few times before. There was the watering down of penalties for terrorism offences, child sex offences, and the NGOs who were pushing this degeneracy. That said, this piece of work isn’t finished revealing all of its dirty secrets.

Supposedly, this was in response to a 1992 Supreme Court of Canada ruling. Seems pretty strange to deal with it nearly 30 years later.

At the time of this Bill, Jody Wilson-Raybould was the Minister of Justice. Absurdly, she hailed as a “hero” for standing up to Trudeau on SNC Lavalin, despite advancing all kinds of horrible legislation he was responsible for. Seems that her entire profile didn’t matter.

But thanks to a provision slipped into that Bill, it will no longer be a criminal offence to knowingly spread lies with the intent of causing harm or mischief. While this “appears” to be a win for free speech advocates, the timing is suspicious, considering what would come in 2020.

This is what Section 181 of the criminal code used to say. It has since been repealed, and taken off the books, at least for the time being.

Spreading false news
181 Every one who wilfully publishes a statement, tale or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 177

While Bill C-75 did go through Parliamentary study, it doesn’t appear as if this single line was examined at all. Perhaps people were more concerned with reduced penalties for terrorists.

This is not the only time this sort of thing has been buried in larger Bills. Another recent example was pulling Government oversight with the Human Pathogens and Toxins Act, Quarantine Act. This was done by embedding it into a budget.

Of course, in early 2020, Ottawa proposed its own version of “misinformation” laws. Thankfully, those seem to have gone nowhere.

(1) https://www.parl.ca/legisinfo/en/bill/42-1/c-75
(2) https://www.parl.ca/DocumentViewer/en/42-1/bill/C-75/royal-assent
(3) https://www.ourcommons.ca/Members/en/jody-wilson-raybould(89494)
(4) https://www.justice.gc.ca/eng/csj-sjc/pl/cuol-mgnl/c-39.html
(5) https://www.laws-lois.justice.gc.ca/eng/acts/C-46/page-25.html#h-118691
(6) http://www.criminalnotebook.ca/index.php/List_of_Criminal_Code_Amendments_
(7) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10210275
(8) https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/904/index.do?

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Children’s Health Defense (Canada): Just Another Fundraising Arm?

Sounds great, doesn’t it? The challenge has been filed! Problem is, too few people follow up to see what has happened since. All of this can be found online. It’s an issue that comes up far too often: individuals and groups ask for money for a lawsuit. Then, either no suit emerges, or one does that is so poorly written that it has no chance of advancing.

This isn’t hyperbole. The Action4Canada case is a perfect example of a suit designed to fail. Stunningly, it has since been appealed, and that will be thrown out as well.

Now, this particular case has been addressed here before. This case was filed in April 2021, (a year and a half ago), and is no closer to being heard than it was back then.

It appears that the Children’s Health Defense Canada, a branch of its American head, has been trying to push itself as a force against the Ford regime.

Of course, don’t forget to donate!

A Notice of Application from April 20, 2021 is listed here, along with information that would indicate this is a serious case.

Problem is: when one SEARCHES ONLINE, becomes obvious that this case has sat dormant over the last 18 months. There are no hearings booked, nor does it appear that any evidence has been sworn.

There are a new Notices of Appearance from last Spring, see here and here, but nothing since. Just another high profile lawsuit that never went anywhere.

Yes, there was a Rule 2.1.01(6) attempt to get the case thrown out — that failed. However, it’s unclear why it was used, since it’s not really appropriate here.

Children’s Health Defense (Canada) is listed as an Applicant, but it doesn’t seem that any effort — beyond collecting donations — has been made. In a similar vein, Vaccine Choice Canada and Action4Canada were listed as Plaintiffs in their respective suits, and we know how those turned out.

Thing is: the names listed on the CHD Canada website don’t match the names filed with Corporations Canada. A quick search revealed who is really in charge of this organization. And the addresses for all Directors is a law firm on College Street, in Toronto.

The suit was promoted on Wholehearted Media. This is an interesting choice, considering the real owner isn’t mentioned in the video.

Childrens Health Defense Canada Registered Office
Childrens Health Defense Canada Incorporation
Childrens Health Defense Registered office & Directors
Childrens Health Defense Canada Annual Return

While Protonmail is fine for personal use, it seems strange to use it for an organization, especially one that seems to be part of a much larger group.

OTHER DEAD-END LAWSUITS:

  • Vaccine Choice Canada (VCC), et. Al. (and others) v. Her Majesty the Queen, et.al. (and others) Ontario Superior Court #CV-00629810-0000. Filed October 2019. No movement since pleadings closed in March 2020.
  • Vaccine Choice Canada (VCC), et. Al. (and others) v. Justin Trudeau, et.al. (and others) Ontario Superior Court #CV-20-00643451-0000. Filed July 2020. Single Statement of Defense in August 2022.
  • Gill & Lamba v. MacIver et al. Ontario Superior Court #CV-20-00652918-0000. Filed November 2020. Dismissed as a SLAPP, or strategic lawsuit against public participation. Appealed, but status unknown.
  • Gill v. Attaran & University of Ottawa, Ontario Superior Court #CV-21-00658784-0000. Filed March 2021. A Notice of Intent to Defend (not an actual Statement of Defense) was filed in July 2021. No movement since then.
  • Sgt. Julie Evans, et al v. AG of Ontario, et al Ontario Superior Court #CV-21-00661200-000. Filed April 2021. No movement since Notice of Application filed.
  • M.A. and L.A., et al vs. Eileen De Villa, et al Ontario Superior Court #CV-21-00661284-0000. Filed April 2021. No movement since Notice of Application filed.
  • Action4Canada, et al vs. Dr. Bonnie Henry, Justin Trudeau, Premier Horgan, et al British Columbia Superior Court # VLC-S-S-217586. Filed August 2021. Struck in its entirety.
  • Federal challenge to vaccine passport. Filed May 2022 on behalf of dozens of people. Federal Court File #T-1089-22. No activity since initial filing.

As an honourable mention, a 9 month suspension was agreed to regarding Dr. Jeffrey Matheson. A joint submission. Perhaps fighting for the client was too much work.

Just another lawsuit that collects dust, while the people responsible are still asking for handouts. These grifts need to be called out. Please stop donating. None of these cases will ever get into court — other than to be thrown out.

It’s both heart breaking and infuriating to see this kind of thing go on. Well meaning people open up their wallets for what they believe are good causes. Being betrayed by an ally stings far worse than what an open enemy can do.

LINKS:
(1) https://childrenshealthdefense.ca/
(2) https://childrenshealthdefense.ca/legalcase/
(3) https://www.ontario.ca/page/search-court-cases-online
(4) https://www.ic.gc.ca/app/scr/cc/CorporationsCanada/fdrlCrpDtls.html?corpId=12951126&V_TOKEN=null&crpNm=children%20health%20defense&crpNmbr=&bsNmbr=
(5) https://rumble.com/vkt3z4-replay-childrens-health-defense-canada-experts-live-event.html

CHD CANADA CORPORATE DOCUMENTS:
(1) Childrens Health Defense Canada Registered Office
(2) Childrens Health Defense Canada Incorporation
(3) Childrens Health Defense Registered office & Directors
(4) Childrens Health Defense Canada Annual Return

FEDERAL VAXX PASS CHALLENGE
(1) https://policeonguard.ca/wp-content/uploads/2022/06/Filed-SOC.pdf
(2) Federal Court Vaccine Mandate Challenge
(3) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont
(4) https://laws-lois.justice.gc.ca/eng/regulations/sor-98-106/index.html
(5) https://www.bclaws.gov.bc.ca/civix/document/id/lc/statreg/168_2009_01
(6) https://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest

ACTION4CANADA COURT DOCUMENTS:
(1) A4C Notice of Civil Claim
(2) A4C Response October 14
(3) A4C Legal Action Update, October 14th 2021 Action4Canada
(4) A4C Notice of Application January 12
(5) A4C Notice of Application January 17
(6) A4C Affidavit Of Rebecca Hill
(7) A4C Response VIH-Providence January 17
(8) A4C Response to Application BC Ferries January 19
(9) https://action4canada.com/wp-content/uploads/Application-Record-VLC-S-S217586.pdf
(10) https://drive.google.com/file/d/1BfS_MyxA9J11WeYZmk8256G7GsWEFZ62/view
(11) Notice_of_Discontinuance_Federico_Fuoco_Fire_Productions
(12) Notice_of_Discontinuance__Amy_Muranetz_
(13) A4C Notice Of Appeal September 28 2022

VACCINE CHOICE CANADA COURT DOCUMENTS:
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Mercer Statement Of Defense
(4) VCC – Mercer Affidavit Of Service

VACCINE CHOICE CANADA LAWSUIT (2019):
(1) VCC – Statement Of Claim, October 2019 Lawsuit

GILL/LAMBA CASES:
(1) Gill-Attaran Statement Of Claim
(2) Gill Attaran Affidavit Of Service
(3) Gill-Attaran Notice Of Intent
(4) Gill/Lamba Dismissed As A SLAPP

POLICE ON GUARD/OFFICERS:
(1) Notice Of Application — April 20, 2021

ONTARIO STUDENTS:
(1) Notice Of Application — April 20, 2021, Masks On Students
(2) Schools – Rule 2.1.01 Decision
(3) Schools — Notice Of Appearance Robert Kyle
(4) Schools — Notice Of Appearance Halton Durham

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Action4Canada Appeal Baseless, Seems Designed To Waste Time & Money

There are times when people really need to cut their losses. However, it seems that not everyone is taking that advice.

With the specific case at hand, it appears that Justice Ross’ quite reasonable decision has not been heeded. Instead of fixing the defects in the previous pleadings, the Plaintiffs are going to appeal.

It’s not clear to what extent there has been collaboration among all the parties. Was this a joint decision, or a unilateral one? Still, this is a very bad move, and we’ll get into why.

This site long ago predicted NOCC would get struck out

August 17th, 2021, the Notice of Civil Claim (NOCC) was filed.

August 31st, 2021, this site wrote that the NOCC was fatally defective, riddled with serious and basic errors, didn’t follow the Rules of Civil Procedure, and would never make it to Trial.

September 7th, 2021, Rocco Galati sued this site, and everyone “directly or indirectly associated” for $7 million. He also demanded that anyone “directly or indirectly associated” be banned from posting on the internet again, presumably on any subject. Although there were allegations of racism and anti-Semitism, the main issue was the harsh and detailed critiques and reviews of his various anti-lockdown lawsuits. Guess the truth hurts.

May 31st, 2022, the Application to Strike was finally heard. The Defendants attempted to get the case thrown out without leave to amend. This was on the grounds that the NOCC was so incomprehensible, that it was impossible to answer it.

August 29th, 2022, Justice Ross strikes the NOCC in its entirety, for a litany of defects. Being too long (prolix) was just one issue. However, the Court did allow for the NOCC to be amended and refiled, if it were done properly.

September 28th, 2022, a Notice of Appeal is served, challenging portions of the August ruling. Instead of properly drafting the NOCC, it appears the next move is to just appeal.

Plaintiffs are bailing, as they see the writing on the wall

An observant person will notice there are less Appellants than what might be expected. People are catching on. Amy Muranetz and Federico Fuoco both filed Notices of Discontinuance. And they’re not alone. In fact, several names are missing from the Notice of Appeal.

Appellants listed:

  • Action4Canada
  • Linda Morken
  • Gary Morken
  • Jane Doe #1
  • Brian Edgar
  • Jane Doe #2
  • Ilona Zink
  • Valerie Ann Foley
  • Pastor Randy Beatty
  • Michael Martinz
  • Melissa Anne Neubauer
  • Jane Doe #3

Plaintiffs who have since left:

  • Kimberly Woolman
  • The Estate of Jaqueline Woolman
  • Amy Muranetz
  • Federico Fuoco
  • Fire Productions Limited
  • F2 Productions Incorporated
  • Makhan S. Parhar
  • North Delta Real Hot Yoga Limited

In fairness, one of the Plaintiffs had passed away prior to the May 31st hearing. Still, it’s not a sign of confidence that this will go ahead.

People are realizing that the NOCC, filed in August 2021, was complete garbage. There’s no way to spin this as some sort of victory, hard as they try. Consequently, many don’t want to face financial devastation with the cost awards that are coming.

Notice of Appeal asks for things Appellate Court can’t grant

These are the grounds of appeal that are listed:

The grounds of appeal are as follows:
(a) That the Learned motions judge erred, in law, and jurisprudence with respect to Justice Ross’ ruling on declaratory and other relief at paragraphs 52 to 55 and Declarations at paragraph 56 to 58;
(b) That the Learned judge erred, in law, contrary to the Supreme Court of Canada jurisprudence on the test to be applied on a motion to dismiss/strike;
(c) That the Learned motions judge erred, in law, in ruling sufficient facts were not pleaded to support the causes of action advanced;
(d) That the Learned motions judge erred, in law, in usurping the function of the trial judge, and making determinations of fact, mixed fact and law, on the basis of bare pleading(s);
(e) The award of costs to the Defendants in circumstances where no costs should have been awarded, or an order of costs in the cause should have been awarded in that the results of the motion were split;
(f) Such further and other grounds as counsel may advise and this Honourable Court permit

To start with the obvious one, the Notice alleges that Justice Ross erred in determining that certain topics were outside of his authority. Sounds reasonable, until you see what this actually refers to.

[52] The defendants submit that the NOCC pleads to a number of claims that are improper in a civil action. In part, the defendants point to the following elements of the NOCC as inappropriate:
.
a) alleging criminal conduct;
.
b) seeking a declaration that the preponderance of the scientific community is of the view that masks are ineffective in preventing transmission;
.
c) seeking a declaration that the motive and execution of the COVID-19 prevention measures by the World Health Organization are not related to a bona fide “pandemic”;
.
d) seeking a declaration that administering medical treatment without informed consent constitutes experimental medical treatment which is contrary to the Nuremberg Code, the Helsinki Declaration and is a crime against humanity under the Criminal Code of Canada;
.
e) seeking a declaration that the unjustified, irrational, and arbitrary decisions of which businesses would remain open, and which would close, as being “essential”, or not, was designed and implemented to favour mega-corporations and to de facto put most small businesses out of business; and
.
f) seeking a declaration that the measures of masking, social distancing, PCR testing, and lockdowns are not scientifically based, and are based on a false and fraudulent use of the PCR test.

Among the improper claims, the NOCC had wanted a CIVIL Court Judge to make adjudications on criminal conduct, crimes against humanity, the Helsinki Declaration, the Nuremberg Code, and to determine what “the science” shall be.

The plain fact is that the B.C. Supreme Court has no authority to do any of this, so this had to be struck. The B.C. Court of Appeal isn’t going to reverse this. It’s time to face reality.

Additionally, these things appear repeatedly in the various Actions and Applications launched by the Constitutional Rights Centre. It would make all of them vulnerable to being struck.

Also worth mentioning: costs are largely discretionary. The Court of Appeals won’t (except in extremely rare cases) interfere with the decision. Considering there is no award yet — just the entitlement to one — it would be hard to challenge it.

BCCA isn’t going to overturn decision to strike NOCC

Keep in mind: Justice Ross didn’t throw the case out completely. Instead, he did something better. He told the Plaintiffs they could refile, if the NOCC were drafted properly. In other words, he gave the opportunity to fix it.

The NOCC was disorganized, cluttered, and contained plenty of irrelevant information. It went on lengthy tirades about non-parties such as Bill Gates and Klaus Schwab. None of this is appropriate, and it fell far short of what should be expected of veteran lawyers.

Granted, it will be a huge headache to rewrite a 400 page document. However, in the Application to Strike, one of the remedies sought by the Plaintiffs was the ability to rewrite the NOCC. The Court allowed it. Pretty hard to challenge an outcome that one sought.

Is Lawrence Wong actually involved in this case?

A bit off topic, but worth asking once again: is Lawrence Wong a part of this lawsuit? Or is his name listed just so there is a B.C. lawyer “on file”? Would be nice to know.

Will a Cross-Appeal be filed by the Respondents?

Most people have heard of an Appeal, but far fewer know what a Cross-Appeal is. Essentially, it’s like a counterclaim, but at the higher level.

Consider this: the Application to Strike was brought (largely) on the grounds that the NOCC was frivolous, vexatious, and an abuse of process. Defense lawyers asked that the case be struck without leave (or permission) to amend. However, the Court did allow an amended version to be filed.

Yes, this is speculation, but what if that provision were to get overturned by the BCCA? What if the BCCA decided that the Appeal was frivolous and abusive, and decided to not allow a rewrite of the original NOCC? A Panel could very easily rule that this entire matter isn’t being done for legitimate reasons, and block it altogether.

If Witten, Wedge and the other lawyers are going to be in front of the BCCA anyway, there’s really nothing to stop them from attempting such a tactic.

Consider Kulvinder Gill, Ashvinder Lamba as cautionary tale

Yes, this is a different case, but there are some striking parallels that need to be pointed out. It’s also a decision from 2022, so very recent.

One question that potential litigants always need to ask: what happens if I start a messy, prolonged, or expensive suit, and ultimately lose?

Regular readers will know that Kulvinder Gill and Ashvinder Lamba tried to sue 23 individuals and media outlets over mean words on Twitter. They sought $12.75 million in damages over juvenile comments. Predictably, the case was dismissed as a SLAPP, or a strategic lawsuit against public participation.

That ruling was inexplicably appealed. Shortly afterwards, Galati left, claiming to have a prolonged illness that made his participation impossible. Gill and Lamba apparently are still going ahead with this, and have retained new lawyers. They’ll have to face additional costs when the Appeal is ultimately dismissed, and it’s likely it will be. This could very well push the total bill over $1.5 million.

Gill also has another suit pending against the University of Ottawa. She sued the school, and one of their professors, Amir Attaran, for $7 million over 2 rude tweets. If they ever decide to file an anti-SLAPP Motion, Gill will be the hook for that as well.

Absurdly, many in the “freedom community” cheered at these efforts to forcibly shut down the free speech of people they disagreed with.

When successful with an anti-SLAPP Motion, Defendants are typically given costs on a full indemnity (or 100%) scale. Gill and Lamba are staring down $1.2 million at least. Given the damage they sought to inflict, the Defendants are expected to show no mercy. These 2 are facing bankruptcy, or at least being put on payment plans for the rest of their lives.

In an interesting turn of events, Gill and Lamba have since sued Galati and Samantha Coomara (his assistant). It would be nice to know how that turns eventually out.

If the Action4Canada Plaintiffs don’t want to go down this same path, consider getting out. Remember, it’s not the lawyers who are stuck with the 6 and 7 figure bills. It’s the clients.

What exactly is the point of this Appeal?

The obvious question has to be asked: why is this happening?

The BCCA isn’t going to rule that the B.C. Supreme Court should preside over criminal matters, or crimes against humanity. It’s not going to rule that a disorganized and confusing case shouldn’t be rewritten. It’s not going to rule that a Judge can’t award a successful party costs.

Instead of drafting a proper NOCC, the decision is to file a baseless Appeal with zero prospect of success. The result will be (about) another year wasted, along with hundreds of thousands of dollars spent. None of this will get the Plaintiffs closer to the relief they seek.

And to address comments from Action4Canada, (archive here):

For some reason Canuck Law, The Western Standard and Castanet are consistently working to put the worst possible spin on the facts of A4C’s case and to disparage Rocco, Tanya Gaw and Action4Canada. It appears they are on a mission to create doubt and distrust in the public’s eye by providing twisted versions of the truth and claiming that Action4Canada lacks integrity and transparency. Nothing could be further from the truth.

It is also interesting that none of these “Independent” media outlets have ever reported on Action4Canada’s campaigns and tireless work in providing Canadians, at no charge, with resources that are effectively protecting their children, their jobs, their right to travel, their bodily autonomy and so much more.

Their style of reporting doesn’t serve anybody well and brings into question whose side they are really on.

Real independents are on no one’s side.

A journalist or reporter should have one commitment: to show the truth. Anything less than that means that they are shilling for a particular group.

And the truth is that this case (and many related ones) are written so poorly that they have zero prospect of ever getting to Trial. They have been covered in extensive detail, with specific references to the Rules of Civil Procedure for Ontario, B.C. and Federally.

Does revealing this information cut into the money that donors are willing to pay? Absolutely it does. But then, how “independent” are journalists who gloss over or ignore these obvious defects?

If someone chooses to sue another in their private lives, that is their business. However, the moment that public donations are sought, it becomes a reportable case. Considering that Action4Canada is still asking for money, it’s fair game.

When someone tries to destroy this site (or anyone, really) for simply telling the truth, don’t expect any sympathy or favourable coverage of the ongoing grifting.

ACTION4CANADA BCSC DOCUMENTS:
(1) A4C BCSC – Notice Of Civil Claim
(2) A4C BCSC – Response to Civil Claim (Health Authority Defendants)
(3) A4C BCSC – Response to Civil Claim (Provincial Defendants)
(4) A4C BCSC – Affidavit No 1 of Rebecca Hill
(5) A4C BCSC – Notice of Application (AG and RCMP applies to strike)
(6) A4C BCSC – Notice of Application (Provincial Defendants applies to strike)
(7) A4C BCSC – Notice of Application (Translink applies to strike)
(8) A4C BCSC – Application Response (Health Authority Defendants consent to strike)
(9) A4C BCSC – Application Response (BC Ferries consents to strike)
(10) A4C BCSC – Application Response (AG and RCMP consent to Prov. strike application)
(11) A4C BCSC – Application Response (Translink consents to HA Defendants strike application)
(12) A4C BCSC – Application Response (Translink consents to Prov. strike application)
(13) A4C BCSC – Affidavit No 2 of Rebecca Hill
(14) A4C BCSC – Application Record (to strike)
(15) A4C BCSC – Application Response (all plaintiffs)
(16) A4C BCSC – Amended Application Response (all plaintiffs)
(17) A4C BCSC – Reasons For Striking NOCC In Its Entirety
(18) A4C BCSC – Order striking pleadings
(19) A4C BCSC – Order striking pleading in its entirety with costs payable forthwith
(20) A4C BCSC – Appointment to assess bill of costs for Kwok and Translink
(21) A4C BCSC – Notice of Discontinuance (Kimberly Woolman & Estate of Jaqueline Woolman)
(22) A4C BCSC – Notice of Discontinuance (Amy Muranetz)
(23) A4C BCSC – Notice of Discontinuance (Federico Fuoco & Fire Productions Ltd.)
(24) A4C Notice Of Appeal September 28 2022

(A) Gill & Lamba v. Maciver decision CV-20-652918-0000 – 24 Feb 2022
(B) Gill & Lamba Notice of Appeal and Appellants’ Certificate
(C) Gill & Lamba Appeal – Notice of Intention to Dismiss Appeal for Delay