Author: Ronnie

Posted on

Katherine Ethyl Bagnald: Transferred To Women’s Prison Despite Sexual Assault Allegation

Something that largely went ignored by the media is the case of an inmate named Katherine Ethyl Bagnald. He is a 22 year old man who was sentenced to prison time for multiple robberies, and wants to be sent to a women’s jail.

Despite his age, Bagnald already has a serious criminal record. When Corrections Canada refused to put Bagnald in with women — at least for the time being — he sued the Federal Government.

His intake assessment is disturbing, to put it mildly.

  • His first arrest (at 16) was for pulling a knife on his mother’s boyfriend.
  • He was arrested for threatening to kill his (then) girlfriend’s father.
  • He was previously in a fight at the CNSCF.
  • He was on probation when he committed these 3 robberies.
  • He claimed to have a knife when robbing these 3 gas stations.
  • He was heavily into drugs and alcohol as a minor (so he claims).
  • He was involved in prostitution as a minor (so he claims).

It’s baffling to think that putting this mentally ill biological male with female inmates wouldn’t lead to serious problems. What’s more unsettling is that the responding lawyers don’t cite this danger as the primary reason to refuse him.

Thanks to Ottawa’s new rules on “diverse gender offenders“, men can simply declare that they are women, and are allowed to be transferred. There’s little (if any) consideration for the safety and comfort of the women involved.

Bagnald Accused Of Sexually Assaulting FEMALE Inmate

Now we get to the uglier part. It’s more than just the issue of putting a male inmate in a female prison. Bagnald is also under investigation for sexual assault of another inmate. Although some details are included in these papers, they won’t be published here.

One of the reasons Bagnald cites in being allowed to go to a women’s prison is that the incident had only led to an internal investigations by the jail, and not formal criminal charges. Of course, that may very well change. He also claims the encounter was consensual.

While Bagnald is suing to force the jail to put him at a women’s federal penitentiary, it turns out that was unnecessary. He was later voluntarily transferred, despite the ongoing complaint. Corrections couldn’t be bothered to at least fight the case.

Correction: He was in fact later charged with sexual assault under section 271 of the criminal code. It occurred on September 12th, 2024. However, he wasn’t charged until May 2025.

***Author’s note: because of the publication ban of portions of the evidence, and on identifying the victim, the actual documents will not be published.***

Bagnald Objected To Portions Of Confidentiality Request

As is common in cases of sexual assault, and internal investigative matters, confidentiality requests are made. Bagnald opposed it, however, including sealing information that would have protected the identity of his victim.

Ultimately, the Court did agree to restrict some information.

Timeline Of Major Events In Case

September 12th, 2025: Bagnald, while in custody on robbery charges, sexually assaults a female inmate at the Central Nova Scotia Correctional Facility. However, he would not be charged with this for several months.

January 3rd, 2025: Bagnald receives a Federal (over 2 year) sentence for 3 counts of robbery and breach of probation. He is incarcerated with men, given that he is one.

January 10th, 2025: Bagnald is notified that he would be sent to the Regional Reception Centre (RRC) at Springhill Institution, which is a men’s prison. This is the order that he tries to have set aside, and there is just 30 days to commence proceedings. That would be February 9th.

January 14th, 2025: Bagnald is transferred to the RRC.

February 25th, 2025: Bagnald files a Motion for an extension of Time in Federal Court. As the deadline to challenge the order has lapsed, he needs to convince the Court that he should be allowed to argue it anyway.

February 28th, 2025: Bagnald brings another Motion, this one for an order to compel Corrections Canada to transfer him to a women’s prison.

March 3rd, 2025: The Attorney General responds, objecting to the Motion to compel Bagnald’s transfer to a women’s prison. However, it’s based primarily on procedural grounds, i.e. Statute of Limitations, and not the fact that he would be a danger to the women locked up.

March 3rd, 2025: The Attorney General also responds to the Motion for the extension of time.

March 18th, 2025: The Attorney General brings a Motion to seek (or protect) certain information from being made publicly available. While the assessment was still ongoing, it’s alleged that Bagnald sexually assaulted a female inmate, a real woman. Although no criminal charges had been filed yet, the jail still had to investigate it. There is a PUBLIC version available with redactions, but only the Court has access to the full version.

March 20th, 2025: Bagnald formally objected to most of the redactions sought by the government.

March 20th, 2025: Bagnald files reply submissions in support of getting transferred.

March 24th, 2025: Federal Court agreed to withhold portions of the evidence from public view, citing the need for privacy.

March 25th, 2025: Bagnald files an Application for Judicial Review, trying to force Corrections Canada to let him be transferred to a women’s prison.

April 9th, 2025: Bagnald files an amended Application.

May 14th, 2025: Bagnald is finally charged with sexual assault. The Crown elects to proceed “by indictment”, the more serious option. By this time, he’s already at the Nova Institute for Women, a federal penitentiary.

June 17th, 2025: A publication ban is ordered to protect the sexual assault victim, and witnesses who may be involved in the case.

June 19th, 2025: The Government brings forward a Motion to Strike for the Federal case. The basis is that by now, Bagnald has already been transferred to a women’s prison, and hence, the Application is moot.

June 30th, 2025: Bagnald responds to the Motion to Strike. While he as already been moved, he wants to proceed anyway, in order to create a precedent that can be used later.

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.

There’s nothing “progressive” or “enlightened” about implementing these sorts of policies. Supporters simply hate women, and are indifferent (at best) to the harm that they cause.

MOTION REQUESTING EXTENSION OF TIME (25-T-23):
(1) Bagnald Risk Assessment Corrections Canada (January, 2025)
(2) Bagnald Gender Diverse Inmate Directives
(3) Bagnald Motion Record To Extend Time (February, 2025)
(4) Bagnald Letter To Court Requesting Urgency (February, 2025)
(5) Bagnald Motion Record Requiring Transfer (February, 2025)
(6) Bagnald Responding Motion Record Extension Of Time (March, 2025)
(7) Bagnald PUBLIC Responding Motion Record Transfer (March, 2025)
(8) Bagnald Written Submissions Transfer (March, 2025)
(9) Bagnald Cost Agreement (March, 2025)
(10) Bagnald – Decision Granting Extension Of Time To File Application (March, 2025)

APPLICATION TO REVIEW DECISION (T-982-25):
(1) Bagnald Notice Of Application (March, 2025)
(2) Bagnald Amended Notice Of Application (April, 2025)
(3) Bagnald Motion Record To Strike (June, 2025)
(4) Bagnald Responding Motion Record To Strike (June, 2025)

Posted on

“Posties” Get Screwed Over Again By Incompetent Counsel, Part 1

Last Spring, this site covered how hundreds of employees at Canada Post (a.k.a. The “Posties“) had been taken for a ride by their counsel. In the Fall of 2024, documents were filed indicating that at least some of them would be attempting to appeal.

For context, in the Fall of 2021, the workplace implemented the “vaccine mandates”. This required everyone to get multiple injections, or face the loss of their employment.

Being a unionized employer, the collective bargaining agreement specified a remedy: file a grievance. If things couldn’t get resolved, then the matter would go to arbitration, and that would be considered final. If the process was unfair or corrupted, then requesting a review may be an option.

Here, the Arbitration Panel sided with Canada Post, ruling that the mandates were a reasonable safety matter. Now, filing an Application for Judicial Review may could have worked, if they took that path.

However, the Posties retained a lawyer, Leighton Grey, who filed a Statement of Claim instead. Rather than challenging the fairness of the Arbitration, he commenced an Action. This was doomed to fail, at least with the company, as the union agreement explicitly prohibited it.

As for the Government of Canada, the Court said that there was enough of a separation between the Federal Government and Canada Post, a Crown Corporation, to hold them liable.

Furthermore, the Statement of Claim was lacking in the necessary information. As is common with Grey, he doesn’t plead the necessary facts (Rule 174) for each Plaintiff, which is required. Despite having nearly 300 Plaintiffs, the Claim was just 18 pages in length. The case was struck without an opportunity to refile.

It turns out that dozens of Plaintiffs wanted to appeal, but Leighton missed the deadline. Clients seemed to be under the impression that a challenge was coming, when none was. If the transcripts are to be believed, they were strung along for months.

In September of 2024, they get a new lawyer, Jason Gratl. While he could have brought a malpractice complaint against Grey — which would get clients some justice — he tries halfheartedly to salvage the lost cause of a case.

One would assume that Gratl would act urgently, given the nature of missing a deadline. However, he sits on a file for nearly 2 months, before bringing a Motion to extend time. It’s dismissed by Associate Justice John Cotter. He then brings another Motion, challenging the refusal.

Timeline Of Events In Arbitration

***It’s important to remember that this didn’t start with a lawsuit. It began with grievances and then arbitration. This matters as it relates to the lack of jurisdiction of the Federal Court.

September 2021: Canada Post announces that it will change the “vaccination” policy, requiring that all employees (and new hires) take the shots in order to be employed. It’s to take effect on November 26th, 2021.

October 26th, 2021 mandatory injection policy is formally approved.

November 15th, 2021: CUPW, Canadian Union of Postal Workers, files grievance against Canada Post’s new policy of requiring the injections in order to stay employed.

January 18th, 2022: Arbitration hearing is held over Canada Post’s policy requiring the injections of all employees. There would be several sessions over the coming months.

January 24th, 2022: Canada Post’s lawyer serves some 700 pages of material related to the arbitration hearings.

February 12th, 2022: Hearing date for arbitration related to Canada Post. Colin Furness, who works for the University of Toronto, testifies.

March 21st, 2022: Hearing date for arbitration related to Canada Post.

March 22nd, 2022: Hearing date for arbitration related to Canada Post.

April 5th, 2022: Final arguments were to be held for arbitration process.

April 27th, 2022: Arbitrator dismisses the grievance against Canada Post, saying that the injection requirement is “reasonable”.

Timeline Of Events In Federal Court Lawsuit

July 12th, 2022: Statement of Claim is filed with the Federal Court. It names: (a) Canada Post Corporation; (b) Her Majesty the Queen, as Elizabeth was Queen at the time; and (c) Attorney General of Canada.

July 18th, 2022: A Notice of Intention to Respond is filed.

November 3rd, 2022: Defendants send correspondence asking for case management, and to suspend normal timelines to file a Defence.

November 23rd, 2022: Associate Judge Catherine A. Coughlan is assigned to manage the case.

January 16th, 2023: Plaintiffs provide letter for dates for case management conference.

April 6th, 2023: Case conference is delayed until May 31st.

May 31st, 2023: Plaintiffs directed to file Amended Statement of Claim by June 15th.

June 19th, 2023: Plaintiffs file Amended Statement of Claim.

July 7th, 2023: Dates are set down for Defendants’ Motions to Strike (throw out the case), and the following deadlines were established. Worth mentioning, these kinds of Motions are done in many steps.

  • August 18th: Defendants serve (but not file) Notice of Motion, and any Affidavit evidence
  • September 15th: Plaintiffs serve (but not file) any Affidavit evidence
  • October 27th: Any cross-examinations on Affidavits is to have finished. This is similar to a Court setting, where a person gets asked about evidence that they submit. Failure to attend means evidence won’t be considered.
  • November 17th: Moving Party Defendants are to submit their Motion Records, which is a collection of documents. In Federal Court, it also includes the written arguments, or submissions
  • December 8th: Responding Plaintiffs to serve and file their Motion Record(s)
  • January 23rd-25th, 2024: Court to hear the Motions

July 10th, 2023: Lawyer for Canada Post contacts the Court and advises a lack of availability for the week in January when the hearing is to take place.

September 5, 2023: Even more Plaintiffs discontinue, or voluntarily leave the case. It worth mentioning that the Court history is filled with various Plaintiffs discontinuing. This is especially prevalent after the Motion to Strike is set out. Seems they realize that their case will go nowhere.

March 4th, 2024: Motions are eventually heard.

March 13th, 2024: Court releases reasons for striking the case.

March 13th, 2024: Order striking case is officially issued.

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.

Timeline Of VERY Late Motion For Appeal Extension

APPEAL RULING FROM PROTHONOTARY JUDGE
Appeal Goes Where Federal Court Federal Court Of Appeal
Appeal Ruling To Single Judge (FC) Panel of Justices (FCA)
Rules of Procedure Rule 51 Rules 335 to 357
Time Limit For Notice 10 Days 30 Days
Initial Document Notice Of Motion Notice Of Appeal
Procedure Motion Appeal
New Evidence Allowed? No With Leave, Rule 351

Associate Justice Coughlan (a.k.a. a Prothonotary) is the one who struck the case. The 10 day time limit applies, meaning something would have to be filed by March 23rd, 2024.

7. The adverse order and reasons for judgment were issued by Associate Judge Coughlin on March 13, 2024 (the “Decision”). The Decision was provided to the plaintiffs by GWS LLP on March 14, 2024. The plaintiffs then immediately, on March 14, 2024, requested legal advice from GWS LLP on the merits of an appeal.

10. As of April 10, 2024, we believed that the deadline for appealing was 30 days from the date of the decision. Although I had suspected that the deadline might be 10 days from the date of decision in late March of 2024, our legal counsel first advised me in late April of 2024 that the deadline was 1O days from the date of decision.

11. On May 13, 2024, I requested an update from GWS LLP on how the appeal was proceeding. On June 6, 2024, I again requested an update from GWS LLP. On June 19, 2024, I again requested an update from GWS LLP. I am advised by Kim Priest that she repeatedly telephoned GWS LLP to ask for updates on the progress of the appeal and to urge GWS LLP to file the application to extend the deadline.

12. On July 4, 2024, I was advised by Mr. Farquhar, an associate lawyer at GWS LLP, that Ms. Trignani, another associate lawyer at GWS LLP, was no longer working at GWS LLP and she had been working on the appeal. Mr. Farquhar assured me on July 4, 2024, that he, Mr. Farquhar, was now personally working on the application to extend the deadline for the appeal and that it would be prepared shortly.

13. On July 17, 2024, I received application materials, and on July 22, 2024, I provided comments and again instructed GWS LLP to file the application. On July 26, 2024, Mr. Grey of GWS LLP advised that he would no longer be supervising the work on the appeal and that Mr. Farquhar of GWS LLP would be working on the file alone.

14. On September 4, 2024, Mr. Grey advised that Mr. Farquhar was no longer working at GWS LLP, and that Mr. Hershey, the lawyer at GWS LLP who was initially supposed to be working on the appeal under Mr. Grey’s supervision, no longer worked at GWS LLP and that no one else at GWS LLP was able to take on the appeal.

16. We found Grall & Company, a Vancouver-based law firm, in late September of 2024. We agreed in principle to retain Grall & Company to give advice on this appeal on September 22, 2024.

In paragraph 7 of her Affidavit, page 17 in the Motion Record, Karine Solakian states that many Plaintiffs sought advice immediately on the merits of an Appeal. She also states that she found out from Grey for the first time about the 10 day deadline well after it had lapsed.

***Neither Grey nor his assistants ever filed for an extension. Nor does it seem they ever notified the Defendants that an Appeal was in the works.

November 15th, 2024: Gratl files a Notice of Change of Solicitor. It’s unclear why he waited nearly 2 months to do anything.

November 15th, 2024: Gratl files a Notice of Motion, indicating Plaintiffs will be seeking an extension of time to appeal the March ruling. It’s been a full 8 months at this point. Given that it was an Associate Justice who struck the case, the deadline is a mere 10 days.

February 14th, 2025: Gratl files the Motion Record for clients.

February 27th, 2025: The Federal Government files their Responding Motion Record.

February 28th, 2025: Canada Post files their Responding Motion Record.

May 2nd, 2025: Associate Justice Cotter refuses the extension of time.

May 12th, 2025: Gratl brings another Motion, to challenge the refusal to grant an extension of time. This time, the 10 day time limit is met.

June 4th, 2025: The Attorney General of Canada files their Responding Motion Record.

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.

The main concern for this latest Motion is whether or not the previous Motion (an extension of time) should have been refused. The Order cited a few major concerns: (a) lack of explanation for the delay; and (b) the length of the delay was “significant and prejudicial”. The delay was 234 days, over 7 months, of which 53 days were while Gratl was retained.

Interesting, it seems that Grey doesn’t actually do the legal work himself, he just farms it out to the hired help. More coming up in Part 2.

ARBITRATION:
(1) https://www.cupw.ca/sites/default/files/urb-ja-31-2022-ca-en.pdf
(2) Canada Post Collective Bargaining Agreement 2022
(3) Canada Post Arbitration update, February 2022 (removed)
(4) Wayback Machine Archive
(5) CUPW On Some Updates On Arbitration
(6) Wayback Machine Archive On Arbitration Updates
(7) https://www.cupw.ca/en/last-days-arbitration-vaccination-practice-grievance
(8) Wayback Machine Archive Of April 1st, 2022 Update
(9) https://www.cupw.ca/en/arbitrator-dismisses-grievance-against-canada-post%E2%80%99s-mandatory-vaccination-practice
(10) Arbitration Decision (Removed)
(11) Canada Post Arbitration Ruling Redacted
(12) Wayback Machine Archive Of Arbitration Decision
(13) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont

LITIGATION (CASE STRUCK):
(1) Canada Post Statement Of Claim (July, 2022)
(2) Canada Post Amended Statement Of Claim (June 7, 2023)
(3) Canada Post Order Timetable (July, 2023)
(4) Canada Post Defendants Motion Record (October, 2023)
(5) Canada Post Plaintiff Responding Motion Record (January, 2024)
(6) Canada Post Plaintiff Responding Motion Record CP (February, 2024)
(7) Canada Post Further Amended Statement Of Claim (February, 2024)
(8) Canada Post Decision Striking Amended Pleading (March, 2024)

LITIGATION (EXTENDING TIME TO APPEAL):
(1) Canada Post Notice Of Change Of Solicitor (November, 2024)
(2) Canada Post Affidavit of Karine Solakian (November, 2024)
(3) Canada Post Notice Of Motion (November 2024)
(4) Canada Post Applicants Motion Record Extension Of Time (February, 2025)
(5) Canada Post Motion Record Extension Of Time (February, 2025)
(6) Canada Post HMTK Motion Record Extension Of Time (February, 2025)
(7) Canada Post Order Refusing Extension Of Time To Appeal (May, 2025)

LITIGATION (APPEAL OF REFUSAL TO EXTEND TIME TO APPEAL):
(1) Canada Post Motion Record Appeal Refusal To Extend Time (May, 2025)
(2) Canada Post HMTK Written Submissions Appeal Time Extension (June, 2025)

Posted on

The Pham Case: NGOs Pushed For Foreign Criminals Having More Rights Than Canadians

A disturbing trend has been in the news lately. Recently, a series of cases were published where foreigners received unusually low sentences for criminal convictions, in order to avoid deportation. Since the 2013 Supreme Court ruling in Pham, there has been a requirement to view “immigration consequences” when handing down punishment.

What’s even more unsettling is how this came to happen. A foreign drug trafficker received a 2 year sentence on a Joint Submission (agreement), but seemed to have realized after the fact that it would mean deportation.

For context: under the rules at the time, non-citizens who received a jail sentence of 2 years (or more) were excluded from many appeal options to avoid deportation. Removal was pretty much automatic. However, those convicted and receiving lesser punishment still had more prospects of staying. This was later reduced to a 6 month limit.

Hoang Anh Pham was sentenced to 2 years in prison for drug possession, for the purposes of trafficking. On Appeal, he asked that it be reduced by a day, to avoid deportation. The Court of Appeal, in a split decision, rejected it. However, the Supreme Court of Canada granted Leave (permission) to hear the case, and then did allow it.

What likely tipped the scales was that several Intervenors (interested parties) made submissions to the Supreme Court of Canada. These were:

  • British Columbia Civil Liberties Association (Charity Page)
  • Canadian Association of Refugee Lawyers
  • Canadian Civil Liberties Association (Charity Page)
  • Canadian Council for Refugees (Charity Page)
  • Criminal Lawyers’ Association of Ontario

Various groups weighed in, asking the the Supreme Court require that Judges take immigration consequences into account when imposing sentences. How does this benefit actual Canadians? How does special consideration for foreign criminals create a better society?

Hoang Anh Pham Previously Convicted For Drug Trafficking

[2] The facts as disclosed at trial were that the appellant was involved in a three-stage marijuana grow operation consisting of 591 plants at various stages of growth. It was estimated that the value of this crop ranged from $461,718 (if sold by the pound) to $738,750 (if sold by the ounce). An additional 28 grams of marijuana was found in two freezer bags in the freezer compartment to the refrigerator on the main floor.

[3] At the subsequent sentencing hearing, the appellant’s prior criminal record was entered as an exhibit. It disclosed that on December 12, 2000 the appellant had been convicted of one count of failing to attend court (section 145(2)(a) of the Criminal Code), one count of trafficking in a scheduled substance (section 5(1) of the CDSA) and one charge of possession of a scheduled substance for the purpose of trafficking (section 5(2) of the CDSA). At that time, the appellant had received a sentence of one day in gaol on the first count and a three month conditional sentence order, concurrent, on each of the other two charges.

[4] At the sentencing hearing in this case, the appellant’s then counsel and Crown counsel urged upon the sentencing judge, by way of joint submission, a sentence of imprisonment for two years. The Crown cited as aggravating factors that the appellant had benefitted financially and that he had not learned his lesson from his previous encounter with the criminal justice system.

From the Alberta Court of Appeal, we can see that Pham was already a convicted drug trafficker when this sentence was handed down.

Prosecutors Complicit With Sentence Reduction

[32] Returning to the case at bar, the appellant has previously been convicted of three offences. In 2000, he was convicted of failing to attend court, trafficking in a scheduled substance, and possession of a scheduled substance for the purposing of trafficking. For the first offence, he was sentenced to one day in jail; he received a three month conditional sentence for the other two charges. Now there is the more recent drug- related conviction, which resulted in the two year prison term he asks us to reduce. Illegal drugs are a tremendous scourge on our society. The appellant’s repeated contribution to the problem, albeit modest in the large scale of things, would normally disqualify him from leniency. However, as the prosecution has consented to this appeal, I would agree to allow it with the caveat that in future cases, this relief will not be there simply for the asking.

In a dissenting opinion with the ABCA, Justice Martin mentioned that the prosecution had consented to the appeal, which would have reduced the sentence. So, even though he was argued that he “clearly hadn’t learned his lesson”, the Crown is still okay with reducing the sentence to help prevent deportation.

1. B.C. Civil Liberties Association

2. The BCCLA submits that failure to consider the immigration consequences of a sentence would deprive the court of information required to properly consider the relevant sentencing factors, and may result in a sentence which unjustly infringes an offender’s rights and freedoms.

3. Immigration consequences must be taken into account by a sentencing judge in order to ensure that the offender is not punished more than necessary. A permanent resident convicted in Canada and sentenced to two years or more is almost certain to face deportation. For many permanent residents, deportation will be the most punitive impact of their sentence. In order to ensure that sentences are consistent with the principles of proportionality and restraint, the BCCLA submits that immigration consequences are relevant personal circumstances which should be taken into account as part of the individualized sentencing assessment.

2. Canadian Council For Refugees

4. Given that a non-citizen who has been convicted of a criminal offence may face removal from Canada, it is the CCR’s submission that the judge imposing the sentence must take into account the impact that the sentence will have on the availability of remedies for the retention of status in Canada. This is based on the following reasoning:

9. Non-citizens whose human rights will be infringed by removal are entitled to have their interests considered by a competent, independent and impartial decision maker prior to removal. A scheme was created for consideration of such interests under the Immigration and Refugee Protection Act (IRPA). Relevant to this appeal, this obligation is met in the equitable appeal which is available to permanent residents and Convention refugees who face removal because of a criminal conviction but who have received a sentence of less than two years.

17. It is submitted therefore that a judge, exercising a judicial discretion in relation to the imposition of an appropriate sentence for a crime committed, ought to take into account the impact that the sentence will have on the availability to a non-citizen of a hearing which is fully in compliance with the principles of fundamental justice under s. 7 of the Charter in relation to that person’s status in Canada.

Of course, these aren’t anywhere near all of the filed documents. However, they do illustrate what the main concerns being raised are.

The Supreme Court also has the video of the hearing posted on its website, even years later. It’s worth a watch.

51:30: Canadian Association of Refugee Lawyers begins, and brings up the possible ineffective assistance of counsel argument.
1:02:00: Criminal Lawyers Association of Ontario begins.
1:08:00: British Columbia Civil Liberties Association begins.
1:13:41: Canadian Council for Refugees begins.
1:19:15: Canadian Civil Liberties Association begins.
1:38:30: Respondent (Government) begins.

While the Government (initially) asked that the case be remitted back to the Court of Appeal, at the hearing, they simply consented to the Appeal being allowed.

This should make Canadians’ blood boil. Registered “charities” are getting significant tax breaks while they try to implement caselaw to give preferential treatment to foreign criminals.

Conservative Bill A Trojan Horse?

At the risk of jumping to conclusions, consider a recent video from Michelle Rempel-Garner. She proposes a Private Member’s Bill to amended the Criminal Code. In her words, Judges “should not” be able to take immigration status into account. It’s at the 2:00 mark.

Should not?

How about cannot? Or must not? Or are prohibited from?

While this may come across as pedantic, this choice of wording would allow Judges to retain discretion as to whether or not they consider immigration status. There would merely be a recommendation against doing so, not an outright ban.

Does she not realize that every lawyer with a foreign convicted criminal for a client will be arguing that their case is exceptional?

We’ll have to see what happens.

COURT RULINGS:
(1) https://www.canlii.org/en/ab/abca/doc/2012/2012abca203/2012abca203.html
(2) https://www.canlii.org/en/ca/scc-l/doc/2012/2012canlii68768/2012canlii68768.html
(3) https://www.canlii.org/en/ca/scc/doc/2013/2013scc15/2013scc15.html

SUPREME COURT OF CANADA:
(1) https://www.scc-csc.ca/cases-dossiers/search-recherche/34897/
(2) Pham Factum Appellants Factum
(3) Pham Factum Respondents
(4) Pham Factum Appellants Reply
(5) Pham Factum BC Civil Liberties Association
(6) Pham Factum Canadian Association Of Refugee Lawyers
(7) Pham Factum Canadian Civil Liberties Association
(8) Pham Factum Canadian Council For Refugees
(9) Pham Factum Criminal Lawyers Association Of Ontario

Posted on

Diagolon Brings Lawsuit In Small Claims Court Over Tour Expenses

Last Summer, Diagolon held their “Road Rage Terror Tour” in various cities across Canada. Plenty of photos were taken, and licence plates recorded. But it seems that the fallout hasn’t ended, and it’s from an unexpected source.

A scheduled stop in Hamilton was cancelled as a result of backlash from the public. This came after expenses were racked up in anticipation of holding the event. That’s when relations really soured, and all over a fairly small amount of money.

What do the saviours of the White race do? Their leader files a lawsuit in Ottawa.

According to the Claim, MacKenzie gave money to McEvoy, who was actually making reservations. Everything was in her name.

When the event ultimately got cancelled, MacKenzie demanded a refund from the organization. He was refused, on the basis that McEvoy was the one who made the payment (via etransfer), and that it would have to be returned to her. This was to comply with anti-money laundering laws.

McEvoy kept the money, so MacKenzie decided to sue her.

McEvoy then countersued, on the basis that the funds MacKenzie had paid her don’t even come close to what she paid out of pocket on other items. Considering that she spent time volunteering for the group, this is a strange way to show appreciation.

Nothing was resolved at the Settlement Conference, so the next step is Trial, assuming MacKenzie pays the fee for it. He backed out of going to Trial against Ezra Levant.

Timeline Of Events

April 7th to June 6th, 2024: McEvoy incurs expenses in anticipation of the “Road Rage Terror Tour” stopping by and having an event.

May 2nd, 2024: MacKenzie transfers $1,188 to McEvoy.

July 4th, 2024: MacKenzie transfers another $366.

July 31st, 2024: The Caledonia venue issues a refund (to McEvoy) of the deposit.

August 1st, 2024: MacKenzie is informed that refunds will have to be issued to McEvoy herself, as she’s the one who they received money from.

August 8th, 2024: MacKenzie files a $1,554 lawsuit in Ottawa Small Claims Court.

August 28th, 2024: McEvoy files a defence against the claim.

September 17th, 2024: McEvoy files a counterclaim for $2,187.23.

January 13th, 2025: Settlement conference is held, and neither claim is resolved.

And that’s where things stand now. If a Trial is ever held, an update will be posted.

Lawsuit Doesn’t Really Help “The Brand”

It’s no wonder that as a movement, Diagolon struggles to gain traction. Aside from being an obvious honeypot, it’s really a bad look to be suing volunteers over small change. This is even more so the case then they spend money out of pocket.

While blaming biased media for declining interest is possible, this will likely hurt more. Nothing turns off potential supporters like seeing others taken advantage of.

It probably doesn’t help that the group had been (allegedly) misrepresenting themselves when attempting to book venues. That led to more cancellations later on.

Did it have to come to this? Surely, CSIS has an expense account that they can reimburse MacKenzie from, so that he’s not preoccupied over the small details.

COURT DOCUMENTS:
(1) Caledonia Plaintiffs Claim
(2) Caledonia Defence
(3) Caledonia Defendants Claim – Counterclaim
(4) Caledonia Settlement Conference

Posted on

The Truth About #HateGate: Was It All Just Paid Promotion?

Finally, we may be getting to the truth about HateGate, or at least closer to it. The report’s co-author, Elisa Hategan (currently Elisa Ferryman-Cohen) is now claiming that it was a paid publication.

Of course, it’s her new story, so take it with a grain of salt.

For people who may not know, #HateGate is the conspiracy theory that the Emergencies Act was invoked in February 2022, as a result of some major intelligence failure. Allegedly, police and politicians panicked because of content that CAHN, the Canadian Anti-Hate Network had published. These centered on the idea that Diagolon, headed by Jeremy MacKenzie, was a real militia. Then, without any real research, police acted, crushing civil rights.

Here’s the 85 page report (also on Wayback Machine)
Since the webpage and the site are down right now, here’s the Wayback Machine.

Sounds like quite the story, doesn’t it? Smaller media outlets ran with it.

Problem is: no one did any real research on the story before publishing. No one took a good look into Hategan or Caryma Sa’d or their recent bahviour. Further, no one bothered to read the 1,082 page FOIPOP package, or to request a copy from the RCMP.

Hategan Finally Admits She Had No Real Sources

I co-authored Hategate with the information given to me at the time, which came from 2 principal sources – the FOI papers, and Caryma herself. The FOI showed that at the time, Diagolon did not meet classification as a “group”, and had not committed violence.

Because Caryma had access to legal files that were not public (and there was a publication ban re the Coutts cases), I believed her when she defended JM and sought to distance him from the Coutts guys. I believed she was privy to exonerating legal information that cahn and other critics did not have.

I did not consider the conflict of interest she had in defending him, or that he might be paying her (though no money ever flowed to me). I only learned about the money when she told me that JM paid about $2K for the Cision/Newswire press release. Which makes me suspect he may have paid her for the article itself – though of course such payments would be hidden by solicitor-client privilege and will require a court order / disclosure to access.

Caryma and JM wrote the chapters about him. I edited them for grammar etc but no content was removed, even though some of it didn’t sit well with me. Even the phrase “Old stock Canadian” irked me.

Every time I asked her, “But are you REALLY SURE they’re ok” she reassured me that they were great guys. That she really liked them, they were so funny, she loved their memes, etc.

And because of how implicitly I trusted her and her promises about the future, I ignored my own misgivings about the situation. Being lovebombed that whole time didn’t help my objectivity either. Neither did the RCMP/CSIS’s overreliance on a single, flawed source (whose funding depends on identifying as much extremism as possible, which is a conflict of interest in its own right).

I still stand by the points I made about state overreach, and feedback loops, and echo chambers. Those general cautionary points are what give Hategate its value, and why it appealed to so many.

But not the parts that involve Diagolon – specifically, the segments I didn’t write that were dictated by JM and reproduced by Caryma with little change. With everything I know now, I believe that Diagolon’s appeal to extremists is fueled by members who are overtly racist, xenophobic, antisemitic, white supremacists – and who aren’t shy to spread hate or lies to achieve their objectives.

I believe that several members have crossed the line from comedy & irreverence into open hatemongering, which makes their message and activities a potential danger worth monitoring.

Hategan makes the same mistake yet again: She conflates the RCMP reading about Diagolon with them acting on such information. The 1,082 release package says NOTHING that would indicate that the publications from the Canadian Anti-Hate Network went anywhere.

Yes, members of the police have shared media stories — some of which came from CAHN — with each other. But Hategan and Sa’d don’t include proof that anything transpired from it. Nor do they do follow up research, or interview anyone “named” in the FOIPOP release. They publish as if it’s fact.

No Proof Whatsoever Police Relied On CAHN For Research

Yes, emails show that some of the work was shared among police brass. There’s no problem with stating that conclusion. However, there’s nothing there that would indicate that anything came of it. In fact, several emails tend to express doubt about CAHN’s reliability. The entire package is attached below.

A significant number of Canadians still believe that HateGate is a real thing. And why? Because Jeremy MacKenzie “said” it was?

Consider this: if there really was some “smoking gun” in the FOIPOP release that showed police acting on some media tip about Diagolon, wouldn’t it be paraded about front and centre?

Smoking Gun That “Alternative” Media Missed

From page 48 of the HateGate Affair: Bernie Farber (CAHN) and Grant Bristow (CSIS agent) were in fact good friends. Since Heritage Front turned out to be a CSIS operation, with Bristow helping found it, all kinds of questions should have been raised about it.

Given Hategan’s background as an OPP informant who helped bring down Heritage Front, wasn’t that also a sign that something might be off? Or Vriend “trolling” CAHN with fake militia photos?

Instead, we get gaslighting, and cries of “fed-jacketing”.

Paid Propaganda Disguised As Journalism?

Think about it. If someone were to do a FOIPOP request on “Canuck Law”, and send it to the RCMP or CSIS, it would likely get a few hits. It’s entirely possible (actually, quite likely) that content from here has been shared by law enforcement.

Does that mean that they have acted on it? Not at all.

This principle applies to any semi-controversial site, blog, podcast, YouTube channel, or social media account. Odds are, that some trace of it will come out in a document dump. But that doesn’t mean that the authorities are getting their marching orders from content they get on Google.

And that’s the distinction too few people understand.

Ironically, the “alternative” media does the exact same thing they accuse police and politicians of doing: not bothering to verify their information before acting. Don’t confuse the choppy editing of the above video with presenting proof.

Text Of HateGate Affair
(1) Hate Gate Report 85 Pages

HATEGATE FOIPOP PACKAGE (FULL RELEASE):
(0.1) Previously Published Documents
(0.2) A-2022-06987 Release Section Of 2nd Package
(1) A-2022-06987 Release Package Part 1
(2) A-2022-06987 Release Package Part 2
(3) A-2022-06987 Release Package Part 3
(4) A-2022-06987 Release Package Part 4
(5) A-2022-06987 Release Package Part 5
(6) A-2022-06987 Release package Part 6
(7) A-2022-06987 Release Package Part 7
(8) A-2022-06987 Release Package Part 8
(9) A-2022-06987 Release Package Part 9
(10) A-2022-06987 Release Package Part 10
(11) A-2022-06987 Release Package Part 11
(12) A-2022-06987 Release Package Part 12
(13) A-2022-06987 Release Package Part 13
(14) A-2022-06987 Release package Part 14
(15) A-2022-06987 Release Package Part 15
(16) A-2022-06987 Release Package Part 16
(17) A-2022-06987 Release Package Part 17
(18) A-2022-06987 Release Package Part 18
(19) A-2022-06987 Release Package Part 19
(20) A-2022-06987 Release Package Part 20
(21) A-2022-06987 Release package Part 21

RECENT HATEGAN TWEETS:
(1) https://x.com/elisahategan/status/1949228318655696912
(2) https://x.com/elisahategan/status/1949171013008207951

OLDER HATEGAN TWEETS:
(1) https://x.com/elisahategan/status/1348702631653474306
(2) https://x.com/elisahategan/status/844242243989004292
(3) https://x.com/elisahategan/status/1701729593147732412
(4) https://x.com/elisahategan/status/1703824776999940260
(5) https://x.com/elisahategan/status/1099915146732978176
(6) https://x.com/elisahategan/status/1758258494740832409
(7) https://x.com/elisahategan/status/1709587192715124829
(8) https://x.com/elisahategan/status/1757851798147117192
(9) https://x.com/elisahategan/status/1762255316429803597/
(10) https://x.com/elisahategan/status/1798395395887997146
(11) https://x.com/elisahategan/status/1797682910516195560
(12) https://x.com/elisahategan/status/1734060656960090558
(13) https://x.com/elisahategan/status/1783193060005818703

Posted on

Anti-SLAPP Ruling Upheld: When “Recycling” Your Defamation Cases Goes Horribly Wrong

A long awaited Court of Appeal decision has finally been handed down. Justices Zarnett, Young and Favreau have upheld a December 2023 ruling from Justice Chalmers of the Ontario Superior Court. That initial verdict saw a $1.1 million defamation case against CSASPP thrown out under anti-SLAPP laws, with $132,000 in costs awarded. Another $10,000 in costs was ordered in this subsequent ruling.

CSASPP is of course the Canadian Society for the Advancement of Science in Public Policy. In January 2021, it began a Proposed Class Action against Bonnie Henry and the Government of British Columbia. This has been covered elsewhere on this site.

See here, here and here for background information.

That said, a hilarious detail seems to have been overlooked. The case against CSASPP was almost entirely borrowed from an earlier defamation case…. against this website. To clarify, there were 2 separate actions, with overlapping allegations.

[1] This website was sued in September 2021 for detailed criticism of various anti-lockdown cases.

[2] CSASPP and its staff were sued in June 2022 over much, MUCH more mild criticism, and to silence a fomer donor from complaining to the Law Society of Ontario.

Given that this there were 2 different lawsuits, with very different circumstances, one would expect that 2 very different cases would have been prepared. Instead, it seems that the documentation for the first case was simply repackaged and reused for the second case. From the ruling:

[86] …. Finally, because of evidence in the appellant’s own materials of other extremely vitriolic and sustained criticisms of him by others, including the publication “Canuck Law”, he found that if there was damage to the appellant’s reputation, it was not shown to have been caused by the respondents, as opposed to other sources.

[91] The difficulty with the appellant’s submission is the motion judge’s causation finding. The motion judge referred to the evidence from the appellant of a concerted campaign against him by a group known as “Canuck Law” who was not a party to his action. The motion judge stated: “the [appellant] references the group extensively in the material filed on this motion. In articles posted on the Canuck website, the [appellant] was the subject of disparaging and racist comments”. Referring to that and some judicial criticism, he concluded that there was no evidence that any damage to the appellant’s reputation was caused by the respondents, as opposed to other sources.

As an aside, the “racist comments” referred to in the CSASPP case actually came from a site called Overdue Revolutions. It was just misrepresented that they originated here.

Not only are anti-lockdown cases being recycled, but defamation ones are as well. By filing evidence that someone else may have engaged in character assassination, it completely undermines the claims that CSASPP had been responsible.

Whatever happened to taking pride in one’s work?

CSASPP/RG DOCUMENTS (June 2022)
(1) CSASPP RG Statement Of Claim
(2) CSASPP RG Moving Party Motion Record Volume 1
(3) CSASPP RG Moving Party Motion Record Volume 2
(4) CSASPP RG Moving Party Motion Record Volume 3
(5) CSASPP RG Responding Motion Record Volume 1
(6) CSASPP RG Responding Motion Record Volume 2
(7) CSASPP RG Responding Motion Record Volume 3
(8) CSASPP RG Moving Party Supplemental Motion Record
(9) CSASPP RG Moving Party Record Motion To Strike
(10) CSASPP RG Plaintiffs Responding Record Motion To Strike
(11) CSASPP RG Transcript Brief
(12) CSASPP RG Moving Party Factum (Arguments)
(13) CSASPP RG Responding Plaintiff Factum
(14) CSASPP RG Moving Parties Reply Factum
(15) CSASPP RG Reasons For Judgement
(16) CanLII Posting Of Decision

CSASPP/RG APPEAL DOCUMENTS (2024)
(1) CSASPP Defamation Appellant Factum
(2) CSASPP Defamation Respondent Factum
(3) https://www.covidconstitutionalchallengebc.ca/status-updates
(4) https://www.scribd.com/document/768627727/2024-09-12-Notice-of-Merit-Hearing-13-January-2025
(5) https://www.scribd.com/document/758138683/2024-08-06-Defendant-Respondents-Motion-Record-to-Dismiss-for-Delay

1ST LAW SOCIETY OF ONTARIO CLAIM (July 2022)
(1) Law Society Of Ontario Statement Of Claim
(2) Law Society Of Ontario Intent To Defend
(3) Law Society Of Ontario Amended Statement Of Claim
(4) Law Society Of Ontario Requisition For Amended Claim
(5) Law Society Of Ontario Motion Record, To Strike
(6) Law Society Of Ontario Moving Party Factum To Strike
(7) Law Society Of Ontario Plaintiff Responding Factum

2ND LAW SOCIETY OF ONTARIO CLAIM (July 2023)
(1) Law Society Of Ontario Second Statement Of Claim

*Disclaimers, Ethics* Proudly powered by WordPress