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 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
(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) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(12) Notice_of_Discontinuance_Federico_Fuoco_Fire_Productions
(13) Notice_of_Discontinuance__Amy_Muranetz_
(14) A4C Notice Of Appeal September 28 2022

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

University Of Western Ontario’s Vaccine Passport System Upheld

An Ontario Superior Court recently ruled that the University of Western Ontario has the right to implement its “vaccine passport” system, and to collect such information. The Judge (to summarize) said that it’s not coercion, but just a choice that people make.

[69] In seeking to justify their request for a permanent injunction, the applicants emphasize what they characterize as the “coercive” nature of the Policy in forcing disclosure of their otherwise private health information. They raise concerns about the danger of losing their academic year if they do not provide their private information by way of proof of vaccination. They raise additional concerns of the fairness of this coercion, given the late timing of Western’s announcement of the continuation of the Policy, after tuition was due and the students had made living arrangements and other financial commitments for the year.

[70] I acknowledge the applicants’ frustration; however, observe that the previous version of the Policy that applied to the 2021-2022 academic terms did notify the university community that the Policy was set to expire on September 7, 2022, and that it would be reviewed by no later than September 1, 2022. There was, in fact, a vaccine mandate and personal information collection policy in place before the ostensible “surprise” of Western’s announcement of the revised Policy on August 22, 2022.

[71] I do not agree with the applicants’ characterization of the Policy as being “coercive” in nature. I do not accept the Policy will “force” members of the university community to disclose their personal information. The Policy forces individuals to choose between two alternatives, even if they like neither option. The choice is the individual’s to make. Each choice comes with its own consequences. That is the nature of choices: Seneca College, at para. 75; Amalgamated Transit Union, Local 113 et a. v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONCA 7658 at para. 77.

[72] I am also not persuaded that a disposal order is warranted in the circumstances. Again, the relief sought is broad. The applicants did not provide any authority in support of this relief. The applicants confirmed on the hearing of the application that they want all proof of vaccine information collected by Western to be destroyed. The court does not comprehend any reasonable basis for such a broad order. Among other issues, proof of vaccine information in the 2021-2022 year was collected pursuant to the province’s mandate.

Seriously, why do people bother? Why not just leave the schools altogether? Are the tens of thousands in non-dischargeable student loan debt really worth it?

A curious bit of information about the Judge Kelly Tranquilli: apparently she’s donated to the Liberal Party of Canada several times in recent years. Or, at least there is someone in London with that same name. It’s not much, only about $1,400 in total. Still, worth a look.

As for UWO receiving money, there are many sources, including several millions in “foreign” contributions. This is according to the Federal Lobby Registry. Interesting details shown.

GOVERNMENT INSTITUTION AMOUNT MORE COMING?

Canada Foundation for Innovation $7,581,000.00 YES
Canada Research Chairs $7,339,000.00 YES
Canadian Institutes of Health Research (CIHR) $28,885,000.00 YES
City of London $28,885,000.00 NO
Foreign $4,209,000.00 YES
Natural Sciences and Engineering Research Council (NSERC) $29,038,000.00 YES
Other Federal $35,699,000.00 YES
Other Provinces $35,699,000.00 YES
Province of Ontario $318,799,000.00 YES
Social Sciences and Humanities Research Council (SSHRC) $9,292,000.00 YES

UWO gets financial contributions from all areas of government. Also, there are other areas which this institution is able to profit.

Revenue Until April 2021
Receipted donations $23,391,977.00 (1.74%)
Non-receipted donations $7,913,117.00 (0.59%)
Gifts from other registered charities $8,860,861.00 (0.66%)
Government funding $458,914,000.00 (34.17%)
All other revenue $844,026,000.00 (62.84%)
Total revenue: $1,343,105,955.00

Expenses Until April 2021
Charitable programs $1,068,203,541.00 (96.31%)
Management and administration $30,830,509.00 (2.78%)
Fundraising $10,090,630.00 (0.91%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $0.00 (0.00%)
Total expenses: $1,109,124,680.00

Revenue Until April 2020
Receipted donations $5,737,520.00 (0.47%)
Non-receipted donations $29,464,401.00 (2.44%)
Gifts from other registered charities $4,705,436.00 (0.39%)
Government funding $436,669,000.00 (36.14%)
All other revenue $731,737,519.00 (60.56%)
Total revenue: $1,208,313,876.00

Revenue Until April 2019
Receipted donations $11,119,427.00 (0.87%)
Non-receipted donations $17,837,610.00 (1.40%)
Gifts from other registered charities $5,854,513.00 (0.46%)
Government funding $467,184,000.00 (36.63%)
All other revenue $773,266,199.00 (60.64%)
Total revenue: $1,275,261,749.00

Worth pointing out: the top 10 highest paid employees receive in excess of $300,000 each. Good to know tuition dollars are being well spent.

The University of Western Ontario is also a registered charity, meaning it’s receiving all sorts of tax benefits at the expense of the public. Regular readers of this site won’t be surprised in the least.

As for CEWS, the Canada Emergency Wage Subsidy, at least 2 groups within UWP received the benefit. Perhaps why there was little interest in protecting students from vaccine mandates. And being a “registered charity”, UWO would also have been eligible for lockdown and rental subsidies.

Things are never quite as they seem.

(1) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc5243/2022onsc5243.html
(2) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc5243/2022onsc5243.pdf
(3) https://elections.ca
(4) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=6219&regId=923198&blnk=1
(5) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=university+western+ontario&q.stts=0007&selectedCharityBn=108162587RR0001&dsrdPg=1
(6) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/bscSrch

University Of Calgary Professor Takes Action To Reinstate Mask Mandates

While most lockdown related lawsuits and human rights complaints aim at removing these infringements on human rights, others demand that they be reinstated. Here is another such case.

A Calgary man has filed a complaint with the Canadian Human Rights Commission over the federal government’s decision to lift mask requirements on airplanes.

The decision, announced Monday, is part of a bundle of changes that come into effect Oct. 1. At that point, travellers will also no longer be required to wear masks on trains, provide proof of vaccination or submit public health information with the ArriveCan app.

“I was frankly dismayed when I heard the news,” said Dr. David Keegan, a family doctor who has a cardiopulmonary condition.

Keegan said that while airplanes do have filtration systems, they don’t completely eliminate the risk of COVID-19 transmission, especially if people are unmasked.

To be clear, nothing prevents, or will prevent this man from wearing a mask when he travels. Instead, his “human rights” complaint is to demand that everyone else be forced to.

He’s also insisting that others play along with his delusions about there being a virus in the first place. Pretty scary that these people are in positions of influence.

Interestingly, the CBC article covering the story, and related reprints, don’t mention that Keegan is a University of Calgary Professor. Did they not want this connection to be made public?

The College of Physicians and Surgeons of Alberta only lists a single David Keegan as having a license in that Province. So, it seems unlikely to be a duplicate, or a coincidence. Of course, we don’t want the wrong person to get mocked.

On Keegan’s Twitter profile, it turns out that his pinned tweet is the announcement that he’s filed with the Canadian Human Rights Commission. This guy isn’t trying to hide the fact that he’s attempting to take people’s freedoms away. Amazingly, the idiots replying are cheering him on as some kind of a hero.

Keegan’s LinkedIn profile describes him as “Family Doc and Associate Dean, Faculty Development and Performance (Cumming School of Medicine, University of Calgary); Academic Family Physician”. He’s much more than just an employee, but an Associate Dean as well. (Archive here).

The University of Calgary has been very active in lobbying the various levels of Government for more money, and it shows. The school is routinely getting many millions in taxpayer handouts.

GOVERNMENT INSTITUTION AMOUNT MORE COMING?

Canada Foundation for Innovation $7,898,000.00 YES
Canada Research Chairs $8,126,000.00 YES
Canadian Institutes of Health Research (CIHR) $50,044,000.00 YES
Foreign $34,573,000.00 YES
Health Canada (HC) $707,000.00 YES
Municipal $3,823,000.00 YES
Natural Sciences and Engineering Research Council (NSERC) $30,820,000.00 YES
Other Federal $43,087,000.00 YES
Other Provinces $10,102,000.00 YES
Provincial $692,013,000.00 YES
Social Sciences and Humanities Research Council (SSHRC) $12,616,000.00 YES

Have to wonder about that $34.5 million in “foreign” funding.

Interestingly, although the University of Calgary itself isn’t listed as having received the Canada Emergency Wage Subsidy, or CEWS, the Pentecostal Ministries have. It’s no surprise that UCalgary is structured as a registered charity. In fact, a search flags 3 charities connected to this school. This is just another way to get money from the public.

Revenue Until March 2021
Receipted donations $43,667,964.00 (2.93%)
Non-receipted donations $154,181,263.00 (10.34%)
Gifts from other registered charities $47,805,468.00 (3.21%)
Government funding $794,689,349.00 (53.30%)
All other revenue $450,709,554.00 (30.23%)
Total revenue: $1,491,053,598.00

Expenses Until March 2021
Charitable programs $1,252,850,843.00 (89.28%)
Management and administration $128,575,275.00 (9.16%)
Fundraising $21,825,347.00 (1.56%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $0.00 (0.00%)
Total expenses: $1,403,251,465.00

Revenue Until March 2020
Receipted donations $70,957,295.00 (4.48%)
Non-receipted donations $184,837,402.00 (11.68%)
Gifts from other registered charities $36,304,564.00 (2.29%)
Government funding $806,786,736.00 (50.98%)
All other revenue $483,768,203.00 (30.57%)
Total revenue: $1,582,654,200.00

Expenses Until March 2020
Charitable programs $1,321,469,784.00 (88.08%)
Management and administration $153,149,342.00 (10.21%)
Fundraising $25,419,521.00 (1.69%)
Gifts to other registered charities and qualified donees $347,506.00 (0.02%)
Other $0.00 (0.00%)
Total expenses: $1,500,386,153.00

This “charity” has been taking in approximately $1.5 billion annually as of late. Of course, the public has to subsidize the donations made.

SCHOOL DATE AMOUNT
University of Calgary April 2011 $100,000
University of Calgary March 2012 $100,000
University of Calgary October 2017 $320,729

The school has also received some donations from the Bill & Melinda Gates Foundation in recent years. In fairness though, others have taken much more. See this from 2017.

While the CBC reports this as a “Calgary doctor”, let’s be clear: this is an Associate Dean at the University of Calgary. While he may have his own interests in doing this, can we really separate personal and professional lives?

(1) https://www.cbc.ca/news/canada/calgary/david-keegan-human-rights-complaint-mask-mandate-airplane-1.6598062
(2) https://search.cpsa.ca/PhysicianProfile?e=9fd5d2c3-3bcc-43ad-9b7c-e45ba9e7c429&i=0
(3) https://twitter.com/drDavidKeegan
(4) https://twitter.com/drDavidKeegan/status/1574523390253477888
(5) https://www.linkedin.com/in/david-keegan-61707473/
(6) David Keegan _ LinkedIn Profile
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=5009&regId=926282&blnk=1
(8) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/bscSrch
(9) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=university+of+calgary&q.stts=0007&selectedCharityBn=108102864RR0001&dsrdPg=1
(10) https://gatesfoundation.org
(11) https://ucalgary.ca/news/gates-foundation-interested-one-health-research-approach-ucalgary

Nova Scotia FOI: Can’t Be Bothered With Pfizer Documents, Or Meaningful Math

With the release of the Pfizer documents (a.k.a. the document dump), it’s fair to ask how seriously Governments are taking it. One resident in Nova Scotia decided to probe exactly that subject. Here is the result that another freedom of information request revealed.

In early January 2022, a US Federal Judge, Mark Pittman ordered Pfizer to release 55,000 pages per month on the vaccine safety data in a response to a FOI request filed on behalf of Public Health and Medical Professionals for Transparency. The List of Adverse Events of Special Interest totals over eight pages in length that includes neonatal death and sudden unexplained death. I would like to request all records and correspondence that the Premier’s office has on the topic of Pfizer’s safety data that has been released since January 10, 2022. Attached is an example of Pfizer’s Safety Data. (Date Range for Record Search: From 01/09/2022 To 09/06/2022)

The request is pretty straightforward. This resident wants to see all correspondence and records that have been generated as a result of this revelation.

However, there aren’t any records.

After a file search, we have located no records responsive to your application. Therefore, it is my understanding, pursuant to clause 7(2)(b) of the Act, that the Office of the Premier does not have custody or control of records which would respond to your application.
I am unaware of a department or agency which would hold such records.

Either Nova Scotia is completely unaware that Pfizer was ordered to turn over these documents (possible), or they just ignored it altogether. Both are bad options.

That same resident also asked how explanations and documents are calculated. How exactly is the math done to come to these dire predictions and warnings? A response package did come, although the answers are pretty confusing and convoluted.

Even if these numbers were to be taken at face value, there are still several serious cracks that appear in the logic:

  • The categories are “0”, “2”, and “3” doses. This means that anyone who hasn’t has at least 2 shots (with the exception of Johnson & Johnson), would be viewed as unvaccinated. What about people who took a single shot and then realized their mistake?
  • The counter doesn’t move until 14 days after a shot. Therefore, people who were injured (or died) in less than 2 weeks after that second shot would still be viewed as unvaccinated.
  • They do “age adjusting”, on the grounds that older people would be at a higher risk. However, older people are at a higher risk of dying REGARDLESS of these shots, or fake virus.
  • The BCCDC admitted in April 2020 that PCR tests can’t actually determine if someone has an infection. As such, these are useless. (See archive).
  • There’s no proof this virus exists.
  • The definition of a “Covid death” is completely fraudulent, as addressed earlier.

Given how subjective the definitions are, the data is essentially meaningless. This has been brought up a number of times.

2. DEFINITION FOR DEATHS DUE TO COVID-19
A death due to COVID-19 is defined for surveillance purposes as a death resulting from a clinically compatible illness, in a probable or confirmed COVID-19 case, unless there is a clear alternative cause of death that cannot be related to COVID disease (e.g. trauma). There should be no period of complete recovery from COVID-19 between illness and death.
.
A death due to COVID-19 may not be attributed to another disease (e.g. cancer) and should be counted independently of preexisting conditions that are suspected of triggering a severe course of COVID-19.

Unfortunately, this is for real. The WHO actually provides this incredibly vague and meaningless definition. (See archive here). Odd that the heavily subsidized mainstream press hasn’t been asking questions about that.

The “case definition” is also pretty sketchy. There’s no requirement at all that any actual virus be isolated or demonstrated to exist. WHO’s March 2020 (Page 3), and September 2020 (Page 8) explicitly state that routine virus isolation is not recommended for diagnostic testing.

Concerning, isn’t it? The Government keeps detailed statistics concerning hospitalizations and deaths, but tweaks the values to make them more frightening. There’s apparently no interest in the data that Pfizer only gave up under a Court order. Also, the Strang Regime seems not to case about cases and deaths in any meaningful way.

One might think that the Nova Scotia authorities don’t really have the public’s best interests at heart. Strange, considering it’s a registered charity.

And if you haven’t seen Christine Massey’s work with Fluoride Free Peel, go do that. There are some 200 or so FOIs showing that no one, anywhere in the world, has ever isolated this “virus”. It’s never been proven to exist. There’s no point having a discussion on what treatments are beneficial, until the existence of this is demonstrated. Other interesting reads are apocalypticyoga, by Bill Huston, Stormhaven, by William Ray, and What’s Up Canada by Wayne Peters.

DOCUMENTS
(1) 2022-01410-PRE Decision Letter signed
(2) 2022-01337-HEA Decision Letter
(3) 2022-01337-HEA Applicant Package

PREVIOUS FOI RESULTS FROM NOVA SCOTIA
(A) https://canucklaw.ca/nova-scotia-foi-response-tacitly-admits-there-is-no-wave-of-hospitalizations/
(B) https://canucklaw.ca/nova-scotia-foi-result-province-refuses-to-turn-over-data-studies
(C) https://canucklaw.ca/more-foi-requests-from-nova-scotia-trying-to-get-answers-on-this-pandemic/
(D) https://canucklaw.ca/nova-scotia-foi-request-shows-province-reduced-icu-capacity-in-recent-years/
(E) https://canucklaw.ca/nova-scotia-foi-shows-province-has-no-evidence-asymptomatic
(F) https://canucklaw.ca/nova-scotia-foi-province-refuses-to-turn-over-contract/
(G) https://canucklaw.ca/nova-scotia-foi-19-1-million-spent-on/
(H) https://canucklaw.ca/nova-scotia-foi-no-real-increase-in-deaths-due-to-pandemic/
(I) https://canucklaw.ca/nova-scotia-foi-more-deaths-as-vaccination-numbers-climb/
(J) https://canucklaw.ca/nova-scotia-foi-govt-data-on-deaths-by-age-vaxx-status/
(K) https://canucklaw.ca/nova-scotia-foi-another-data-dump-on-cases-vaxx-rates/
(L) https://canucklaw.ca/freedom-of-information-requests-canuck-law/

Challenge To University Of Lethbridge Vaccine Policy Tossed For “Mootness”

An Alberta Judge has dismissed an Application on the grounds that the issue is “moot”, and there’s no relief that can be realistically granted.

The hearing itself took place on May 5th and 6th, with the ruling just coming out. Of course, these mandates were still in place when the Application itself was originally filed.

The case involves a challenge to the “vaccine passport” system that had been in place, and the denial of a religious exemption. The school argued that since the policy has been rescinded, there’s no issue left to be decided.

Is The Application Moot?
[7] The Respondent argues that there is no longer a tangible or concrete dispute between the parties. The vaccination program which is the subject matter of this application was repealed after being in place approximately four months. Therefore, it is the Respondent’s position that any decision made by this Court as to the impact of the program on the Applicant’s Charter or other rights will have no practical effect on her ability to attend the University.

[8] The leading case regarding the principles of mootness remains Borowski v Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 SCR 342 [Borowski]. The doctrine of mootness is an aspect of the general policy or practice that a court may decline to decide a case which raises merely a hypothetical or abstract question. If, subsequent to the initiation of the action or proceeding, events occur which affect the relationship of the parties so that no present live controversy exists which affects the rights of the parties, the case is said to be moot. The matter will therefore not be heard unless the court exercises its discretion to depart from that general policy: Borowski, at para 15.

[9] To determine whether an application is moot, a two-step analysis must be undertaken: first, to determine whether the required tangible and concrete dispute has disappeared and the issues have become academic; and second, if the answer to the first question is yes, to determine whether the court should exercise its discretion to hear the case: Borowski, at para 16.

[10] With respect to the first stage of the analysis, there must be a consideration of whether there remains a live controversy between the parties. A live controversy, in this context, involves whether there exists, on an objective assessment, a dispute between the parties the resolution of which will actually affect the parties’ rights or interests: The Alberta Teachers’ Association v Buffalo Trail Public Schools Regional Division No 28, 2022 ABCA 13, at para 34.

[11] It may well be, from a practical perspective, that there is no remedy that can be granted by the Court to rectify or ameliorate the impact of the alleged breaches of the Applicant’s rights. The Applicant is not seeking damages or other compensatory relief. Nor can the court provide any relief from future potential harm the vaccination policy may cause Ms. Nassichuk-Dean, as that policy is no longer in place and hasn’t been since March. Again, Ms. Nassichuk-Dean is not seeking injunctive or other relief for any anticipated rights breaches against her.

[12] Rather, the Applicant is seeking declarations that the application of the University’s COVID-19 policy violated her s. 7 Charter rights, and that the rejection of her application for a religious exemption from the policy breached her rights under the Alberta Human Rights Act.

Had the Applicant been asking for money, or some additional form of relief, it’s entirely possible the case would have kept going. But since the only issue was challenging the policy itself, it was determined that there’s no longer any issue to be heard.

Of course, what’s to stop the University of Lethbridge (or any school) from re-implementing such mandates in the future? There’s no assurance they won’t at some point.

On a side note: the University of Lethbridge, like other Canadian schools, is a registered charity. This means that it receives the benefits of many tax breaks ordinary citizens cannot get.

The school receives handouts from all levels of Government, so it’s unlikely that it will do anything to rock the boat. No college or university in Canada did anything to challenge or push back on vaccine or mask mandates. As with everything, follow the money.

(1) https://www.canlii.org/en/ab/abkb/doc/2022/2022abkb629/2022abkb629.html
(2) https://www.canlii.org/en/ab/abkb/doc/2022/2022abkb629/2022abkb629.pdf
(3) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=5301&regId=924907
(4) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=lethbridge+university&q.stts=0007&selectedCharityBn=119279248RR0001&dsrdPg=1

Hearing On Motion To Strike Federal Travel Restrictions Cases For “Mootness”

Canadians have filed several court challenges related to travel restrictions going on since 2020. It appears that 4 cases were consolidated, given their related and overlapping issues. The primary issues revolved around Section 6 of the Charter, Mobility Rights.

  • T-1991-21: Karl Harrison/Shaun Rickard
  • T-145-22: Nabil Ben Naoum
  • T-168-22: Brian Peckford et al.
  • T-247-22: Maxime Bernier

Although the circumstances of each challenge differ, all of them are concerned with Canadians being able to travel and move freely within the country.

Mobility of citizens
6 (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
.
Marginal note: Rights to move and gain livelihood
(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.

However, Section 1 of the Charter has shown just how worthless this document really is. Far from the requirement that limitations be demonstrably justified, Judges have seen fit to uphold these violations based on the flimsiest of justifications.

Instead, it’s been replaced with blindly trusting the experts.

Rights and freedoms in Canada
1 The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

That being said, the Feds probably aren’t interested in having to justify these restrictions in court, so they came up with another option. Their lawyers filed a motion to strike the case for “mootness”. Plainly put, the argument is that since the restrictions have been lifted (as in, the orders expired), there’s nothing for a Judge to look at.

This is disingenuous for a few reasons. First, even if there are no active restrictions, it doesn’t erase any harm or violation of Constitutional rights. This comes across as a cop-out to avoid taking any responsibilities.

Second, various officials have made it clear they “won’t hesitate to bring back” various restrictions and martial law measures. So, while these may be “suspended” for the time being, it doesn’t mean that they won’t come back in some form.

We’ll have to see what comes of this, but it would be unfortunate to allow this kind of stunt to circumvent people getting their day in court.

(1) https://www.fct-cf.gc.ca/
(2) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont
(3) T-1991-21 Doc 51 MOTION RECORD in response to Motion Doc. No. 44
(4) https://laws-lois.justice.gc.ca/eng/Const/page-12.html

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