Category: Canada

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Federal Court Strikes Claim By Coast Guard Worker Over Pay Issues, Cites Lack Of Jurisdiction

A member of the Canadian Coast Guard, Jennifer Horsman has had her challenge thrown out of the Federal Court, and lack of jurisdiction is cited.

This isn’t a case about being forced to take the clot-shots, but it’s still interesting. In August 2022, her employer claimed that she had been overpaid nearly $9,000, the remainder of a larger amount that was supposedly owed. Horsman says she kept her own records of all dates and shifts and contested the demand. This caused financial hardship.

She also tried to seek union representation, but was denied.

Despite attempts to resolve this internally, Horsman was unsuccessful. She eventually ended up suing the Government in March 2023 to resolve this, and here’s where it takes a turn.

Ottawa brought a Rule 221 Motion to Strike (throw out) the lawsuit on the grounds that the Court had no jurisdiction to hear the case at all.

Looking at Sections 208 and 236 of the Federal Public Sector Labour Relations Act, FPSLRA:

Individual Grievances
Presentation
Right of employee
.
208 (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved
.
(a) by the interpretation or application, in respect of the employee, of
.
(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or
.
(ii) a provision of a collective agreement or an arbitral award; or
.
(b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.

Section 208 then goes on to list a series of conditions and limitations.

Disputes relating to employment
.
236 (1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute.

Application
(2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication.

Taken together, it seems laid out that Federal workers have the rights to file grievances, but they have no real right to take their problems to Court.

This ruling confirms the Adelberg decision, a high profile ruling in February 2023 that permanently ended the cases of over 400 Federal workers. Another 200 workers of Federally regulated industries had a setback as well, since the pleading was so poorly drafted.

Adelberg was also cited by a former RCMP worker, whose case was struck because of the FPSLRA.

Lesson in here: members of the Federal Government, as well as most unionized employers, have no guaranteed right to go to Court. There’s almost always a grievance or arbitration requirement.

If there’s any consolation here, it’s that the person wasn’t ordered to pay any costs. Yes, the Attorney General asked, but the Judge declined. She also didn’t waste many thousands of dollars hiring a lawyer to get the exact same result. Still, she has guts for at least attempting this.

(1) https://www.canlii.org/en/ca/fct/doc/2023/2023fc929/2023fc929.html
(2) https://www.canlii.org/en/ca/fct/doc/2023/2023fc929/2023fc929.pdf
(3) https://www.canlii.org/en/ca/laws/regu/sor-98-106/latest/sor-98-106.html
(4) https://www.canlii.org/en/ca/laws/stat/sc-2003-c-22-s-2/latest/sc-2003-c-22-s-2.html
(5) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html
(6) https://www.canlii.org/en/ca/fct/doc/2023/2023fc280/2023fc280.html

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Canadian Frontline Nurses Hit With $315,000 In Costs Over Failed Defamation Suit

In a recent decision that wasn’t very surprising, the activist group, Canadian Frontline Nurses (CFLN), has been hit with $315,000 in Court costs. This follows a December ruling that dismissed their million dollar defamation case as a SLAPP, over 2 publications. That is, of course, short for a “strategic lawsuit against public participation”.

Costs are as follows:

  • $250,000 to Canadian Nurses Association Defendants
  • $65,000 to Together News Inc. Defendants.

See previous article for more information and context.

SLAPPs are a form of weaponizing the legal system to shut down discourse over public interest issues. By filing such cases, Defendants are “chilled” into being removed from the discussion.

What’s particularly bad about this case is that the CFNL is a group that claims to have fought on behalf of the freedom of Canadians over the last few years. It seems that at least some have no issue with taking away the freedoms — specifically speech — of people they don’t like.

This differs little from Kulvinder Gill and Ashvinder Lamba, who are on the hook for $1.1 million over a failed defamation suit from December 2020. Actually, it’s mostly Gill.

To be clear, this isn’t about defending the principles or character of organizations like the Canadian Nurses Association, as they were all too willing to shill for lockdown measures. Instead, it’s about the right of everyone to say their piece, even if it’s downright awful. Silencing people because they’re not “on your side” is just downright wrong.

Seeing the replies to Paul Champ, one of the lawyers, was discouraging. So many in the “freedom movement” are showing disdain that the attempt at libel-chill had backfired. While they whine about their civil liberties being trampled on by Government, they cheer private citizens doing it.

Costs on dismissal
(7) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances.

Costs if motion to dismiss denied
(8) If a judge does not dismiss a proceeding under this section, the responding party is not entitled to costs on the motion, unless the judge determines that such an award is appropriate in the circumstances.

Damages
(9) If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate.

Now, the group tried to avoid something called “full indemnity”, which is when the winning side of a lawsuit gets 100% of their costs back. In Ontario, the default is to grant this in cases where lawsuits are dismissed under anti-SLAPP laws. This is Section 137.1(7) of the Courts of Justice Act.

Interestingly, if an anti-SLAPP Motion fails, the Plaintiffs are not automatically entitled to costs.

Dismissing such a case doesn’t mean that the Judge endorses or accepts the views of the Defendants. Instead, it’s a finding that the lawsuit should never have been brought at all. In a (supposedly) free society, shutting down public discourse is rarely a good idea.

In any event, the CFLN attempted to cash in by suing, and it backfired. The result was predictably very expensive.

COURT DOCUMENTS:
(1) CFLN Statement Of Claim
(2) CFLN Statement Of Defense CDN Nurses Association
(3) CFLN Statement Of Defense Together News/Comox Valley
(4) CFLN Responding Motion Record Of Plaintiffs
(5) CFLN Cross Examinations Volume 1
(6) CFLN Cross Examinations Volume 2
(7) CFLN Cross Examinations Volume 3
(8) CFLN Supplementary Motion Record Of Plaintiffs
(9) CFLN Freedom Rally Documentation
(10) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc7280/2022onsc7280.html
(11) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc7280/2022onsc7280.pdf
(12) https://canucklaw.ca/canadian-frontline-nurses-1-million-defamation-case-dismissed-as-a-slapp/
(13) https://twitter.com/paulchamplaw/status/1671560050249170950

APPEAL DOCUMENTS:
(1) CFLN Appeal Appellant Factum
(2) CFLN Appeal Respondent Factum
(3) CFLN Appeal Order Security For Costs
(4) CFLN Appeal Notice Of Abandonment

OTHER LINKS:
(1) https://www.canadianfrontlinenurses.ca
(2) https://www.canadianfrontlinenurses.ca/donate
(3) https://t.me/NursesAgainstLockdowns/2229
(4) https://www.cbc.ca/news/canada/london/anti-vaxx-nurse-libel-suit-ontario-1.6698686
(5) https://www.cna-aiic.ca/en/blogs/cn-content/2021/09/09/enough-is-enough-professional-nurses-stand-for-sci
(6) https://comoxvalley.news/quack-quack-these-pro-virus-nurses-have-dangerous-ideas/

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600 Plaintiffs Appeal Federal “Bad Beyond Argument” Ruling: A Look Inside

It’s been a while, but nice to be back!

Back in February, Federal Court Justice Simon Fothergill struck a lawsuit brought by over 600 Plaintiffs. This was over a 2021 requirement to take the experimental injection (a.k.a. get the vaccine passport) in order to keep their jobs.

Now, the ruling (see official version) was interesting, to be blunt.

Part of the ruling differed because of who the Plaintiffs worked for. Approximately 2/3 of them were employed by the Federal Government, while the other 1/3 were part of Federally regulated industries. This caused a split in the ruling, and they were listed as Schedules “A” and “B”.

  • Schedule “A” Plaintiffs were ones who were part of the core public administration, or members of some branch of the Government
  • Schedule “B” Plaintiffs weren’t with the Government, but instead were parts of industries — like banking, the railways, or aviation — that were regulated by Ottawa

The Claim for all Plaintiffs was struck in its entirety because it was so poorly written. The pleading failed to follow even the basics of civil procedure, and failed to lay out a basis for the suit.

From the Federal Court Rules:

173 (1) Pleadings shall be divided into consecutively numbered paragraphs.
Allegations set out separately
(2) Every allegation in a pleading shall, as far as is practicable, be set out in a separate paragraph.

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

By “particulars”, this really means “specifics”. When pleading a document, the person must give enough specific and detailed information so that the other side is able to address the allegations.

Justice Fothergill found that the Statement of Claim was so poorly crafted that it was impossible for the Defendants to file any meaningful defence. It wasn’t thrown out on its merits. He even referenced the ruling against Action4Canada, which was also found to be “bad beyond argument”.

To clarify: neither the Federal case, nor the Action4Canada case in B.C. were struck on their merits. They were struck because they were confusing, convoluted, and impossible to decipher.

While the Federally regulated employees (Schedule “B”) at least had the chance to refile, former Government workers (Schedule “A”) were not so lucky. The Judge ruled that their claims were barred by a legislative requirement that they go through arbitration. Specifically, this is Section 236 of the FPSLRA, or Federal Public Service Labour Relations Act.

Now we get to the appeal.

The Notice of Appeal was filed in March. The Appeal Book (collection of documents) came next, followed by the Appellants‘ and Respondents‘ written arguments.

To sum up, there were 2 major areas to cover:

First, the decision to permanently bar the Schedule “A” Plaintiffs was challenged, on the grounds that their claims lay outside what arbitration and the grievance process could offer.

Second, it was claimed that it was inappropriate to rely on the precedent set by the Action4Canada case, and that they had nothing in common.

Anyhow, read the documents for yourselves.

In response, the Government replied that while there were opportunities to get around the grievance process, the Plaintiffs never explained why they had to, or what steps they took. Furthermore, while “malfeasance of public office” was alleged, the details were never laid out.

In other words, yes, this was at least a possibility, but the Claim didn’t address any of this.

As for the Action4Canada case, Justice Alan Ross laid out in great detail how the British Columbia case was a complete mess, incomprehensible, and sought a litany of remedies outside the jurisdiction of a Civil Court. There was also the problem that large sections were included about non-parties. While the Federal Claim was much shorter, the same problems persisted overall.

Justice Fothergill decided not to duplicate the entire ruling, but simply to refer to it.

A competent lawyer might be able to argue around the arbitration requirement. But in any event, the entire Statement of Claim would have to be rewritten anyway. This Appeal will likely go nowhere.

And the requests for money keep coming!

Familiar with the Wayback Machine? It’s a mainstream archiving site that captures websites at certain times, even if the content is no longer available. Some of the recent business ventures include:

There were even donations sought at one point to finance a public inquiry. It’s unclear how much money came in, or whatever became of that.

Also, donations were sought a few years back for a B.C. doctor’s case that doesn’t appear to have materialized. This isn’t the Action4Canada suit.

Curiously, both the Federal workers and Ontario first responders Plaintiffs were filling out retainer agreements ($1,000 and $1,500 respectively) while donations to finance the litigation were being sought online. The end results weren’t impressive.

People are being asked to donate to cases which clients are already paying a retainer?! That’s something, to say the least.

Then, we have this from the Federal case:

Hello everyone,  

Some of you have already heard but for those who haven’t, the Judge has rendered his decision in the Government’s motion to strike our claim. In a somewhat anticipated move, the claim was struck for 2/3 of the plaintiffs and remains open for 1/3 to amend the claim and resubmit. There is a letter attached from Rocco himself that goes into greater detail about the decision. Needless to say, the decision was an absolute pile of rubbish and the Panel has decided to appeal the decision.  

Now, as you will read in Rocco’s attached letter, there are additional fees associated with launching the appeal. The additional fees are minimal in comparison to the initial retainer but an explanation is required.  

As Rocco’s letter will clarify, the retainer fee was to cover all that was required to see this matter through a trial in the Federal Court. Now that an appeal is required, it is required to go through the Federal Court of Appeals and that alone will cost in excess of $100,000. Rocco budgeted the retainer fee on doing everything to see a trial through the Federal Court which did not include appeals.  

We feel it necessary at this juncture to apologize to each and every one of you. We misinterpreted the finer details of what the retainer fee covered due, no doubt, to our limited knowledge about how the civil court process works and a misunderstanding of the information Rocco provided to us. Some of you asked specifically what all would be covered with the retainer fee and were informed it would cover this entire matter all the way through no matter what action was required and for this, we apologize.  

We wish to reinforce with you that this was not done out of an attempt to deceive or act maliciously. We are going to be out the same amount as anyone else who desires to proceed and be a part of the appeal.  

To avoid repeating the same confusion, the panel asked Rocco to outline the cost implications for every step and all the way to the Supreme Court which Rocco now outlined in his letter. We hope this will better serve all of us and it is also our hopes that you will see this effort by the panel as a way to remain fully transparent on what transpired but also on what to expect going forward. We too, do not want to see other surprises but more importantly, we do agree with Rocco that we have a strong position for an appeal. We ultimately hope for our day in Court but sadly, we did not have our day in Court here as our lawsuit was wrongly struck down as evidently explained in Rocco’s letter. 

We are planning to host another info session with Rocco via Zoom within the next few weeks to answer questions you may have and to provide more information regarding how the appeal process will work. We are not going to attempt to solicit any money from anyone prior to this information session. Our intent is to allow you to consider whether each of you as individuals wish to proceed from this point.  

We understand many of you will have questions. We will do our best to answer them or have Rocco address them in the upcoming info session.  

We have also attached a link to the decision on the Federal Court website. 

Sincerely and most humbly,  

The Federal Employee Lawsuit Panel
https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/522970/index.do

Shortly after the decision, there was already a request for more money. Even though the Plaintiffs had paid $1,000 each (see agreement), more money was needed to appeal. See letter providing more details about the fees.

The above email was leaked by unhappy client(s), and it eventually made its way here. Unfortunately, it seems to be real.

Apparently, the Schedule “B” Plaintiffs who had their pleadings struck as “bad beyond argument” should consider that a win, because at least they are allowed a rewrite.

For reference: the email and the attachment were both sent here shortly after the February ruling. Fair to say, some are unhappy with the services they’ve received.

It’s worth asking why the this isn’t being done for free, given the shoddy drafting of the Statement of Claim to begin with. And budgeting for a Trial? Does anyone seriously think this will get that far?

The Federal Court of Appeals will throw this case out, just like the B.C. Court of Appeals will throw out Action4Canada’s. And Vaccine Choice’s suit will get tossed in early 2024.

FEDERAL VAXX PASS CHALLENGE (APPEAL)
(1) FCA Adelberg V. HMTK A-67-23 Notice Of Appeal
(2) FCA Adelberg V. HMTK A-67-23 Appeal Book
(3) FCA Adelberg V. HMTK A-67-23 Appellants MFL
(4) FCA Adelberg V. HMTK A-67-23 Respondents MFL

FEDERAL VAXX PASS CHALLENGE
(1) https://policeonguard.ca/wp-content/uploads/2022/06/Filed-SOC.pdf
(2) Federal Court Vaccine Mandate Challenge
(3) Federal Vaccine Passport Challenge Retainer Agreement
(4) Federal Court Vaccine Mandate Challenge Motion To Strike
(5) Federal Court Vaccine Mandate Challenge Affidavit Of Service
(6) Federal Court Vaccine Mandate Challenge Responding Motion Record
(7) Federal Court Of Canada Rules
(8) Federal Court Decision On Motion To Strike (Archive)
(9) https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/522970/index.do
(10) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(11) https://laws-lois.justice.gc.ca/eng/regulations/sor-98-106/page-9.html#h-1013947
(12) https://www.laws-lois.justice.gc.ca/eng/acts/P-33.3/page-13.html#h-406405

MONEY
(1) Letter to Federal Worker Plaintiffs
(2) Federal Workers Action Donation Link For PayPal
(3) Ontario First Responders Action Donation Link For PayPal
(4) School Action Donation Link For PayPal
(5) Police Officer Action Donation Link For PayPal
(6) https://www.web.archive.org/web/20220526170932/https://www.constitutionalrightscentre.ca/
(7) Federal Workers Retainer Agreement
(8) Ontario First Responders Retainer Agreement
(9) Donate To Public Citizens Inquiry
(10) Donations For Supposed B.C. Doctors Action

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At Least 13,748 Illegal Entries Into Canada In Q1 Of 2023

In the first quarter of 2023, nearly 14,000 people illegally entered Canada from the United States, claiming asylum. As with previous years, the overwhelming majority came through Roxham Road from New York State to Quebec.

Here are the official numbers thus far for 2023:

YEAR: 2023
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 4,875 19 100 0 4,994
February 4,517 5 59 0 4,581
March 4,087 15 71 0 4,173
TOTAL 13,479 39 230 0 13,748

Supposedly, Roxham Road was closed as a means of illegally entering Canada. Under the revised version of the Safe Third Country Agreement, there isn’t a loophole which allows people to circumvent the law simply by bypassing border checkpoints.

On March 24, 2023, Canada and the United States announced the expansion of the STCA across the entire land border, including internal waterways. The expansion takes effect as of 12:01 a.m. EDT on March 25, 2023. If you crossed the border to make an asylum (refugee) claim and don’t meet one of the Agreement’s exceptions, you’ll be returned to the U.S.

Of course, the new agreement calls for Canada to accept a minimum of 15,000 people (presumably extra), seeking asylum. Because…. why wouldn’t it?

We’ll have to see what comes of this.

As for where people have been coming from, data is available from 2017 through 2023.

For the last decade or so, these are the published numbers:

PROVINCE/TERRITORY 2011 2012 2013 2014 2015 2016
Newfoundland 0 0 0 0 0 0
Prince Edward Island 0 0 0 0 0 0
Nova Scotia 0 0 0 0 0 0
New Brunswick 10 5 5 ? ? 25
Quebec 1,335 1,295 785 875 1,035 2,595
Ontario 2,660 2,340 1,995 2,630 2,790 3,7935
Manitoba 20 15 25 10 225 505
Saskatchewan ? ? ? ? ? 30
Alberta 35 40 35 65 70 120
British Columbia 125 85 110 130 170 220
Yukon 0 0 0 0 0 5
Northwest Territories 0 0 0 0 0 0
Nunavut 0 0 0 0 0 0
TOTALS 4,185 3,770 2,955 3,715 4,290 7,365

Illegals were still coming into Canada via land border crossings during the Harper years. Interestingly though, it only receives major attention when Liberals are in power. A cynic may wonder why.

YEAR: 2017
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 245 19 46 5 315
February 452 142 84 0 678
March 654 170 71 2 897
April 672 146 32 9 859
May 576 106 60 0 742
June 781 63 39 1 884
July 2,996 87 51 0 3,314
August 5,530 80 102 0 5,712
September 1,720 78 79 4 1,881
October 1,755 67 68 8 1,890
November 1,539 38 46 0 1,623
December 1,916 22 40 0 1,978
TOTAL 18,836 1,018 718 22 20,593
YEAR: 2018
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 1,458 18 41 0 1,517
February 1,486 31 48 0 1,565
March 1,884 53 33 0 1,970
April 2,479 50 31 0 2,560
May 1,775 36 53 0 1,869
June 1,179 31 53 0 1,263
July 1,552 51 31 0 1,634
August 1,666 39 39 3 1,747
September 1,485 44 68 4 1,601
October 1,334 23 37 0 1,394
November 978 23 18 0 1,019
December 1,242 11 27 0 1,280
TOTAL 18,518 410 479 7 19,419
YEAR: 2019
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 871 1 16 1 888
February 800 1 6 2 808
March 967 13 22 0 1,002
April 1,206 15 25 0 1,246
May 1,149 27 20 0 1,196
June 1,536 26 5 0 1,567
July 1,835 23 15 1 1,874
August 1,712 26 22 2 1,762
September 1,706 19 17 0 1,737
October 1,595 18 8 1 1,622
November 1,118 9 21 0 1,148
December 1,646 2 5 2 1,653
TOTAL 16,136 180 182 9 16,503
YEAR: 2020
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 1,086 7 7 0 1,100
February 976 2 2 0 980
March 930 7 18 0 955
April 1 0 5 0 6
May 17 0 4 0 21
June 28 1 3 1 33
July 29 2 17 0 48
August 15 3 0 0 18
September 30 4 7 0 41
October 27 0 4 0 31
November 24 0 8 0 32
December 26 2 8 0 36
TOTAL 3,189 28 84 1 3,302
YEAR: 2021
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 28 1 10 0 39
February 39 0 1 0 40
March 29 5 2 0 36
April 29 2 2 0 33
May 12 3 13 0 28
June 11 0 6 0 17
July 28 5 6 0 39
August 63 2 11 0 76
September 150 0 19 0 169
October 96 0 17 0 113
November 832 1 12 0 845
December 2,778 0 33 0 2,811
TOTAL 4,095 19 132 0 4,246
YEAR: 2022
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 2,367 0 16 0 2,383
February 2,154 1 9 0 2,164
March 2,492 2 8 0 2,502
April 2,791 3 8 3 2,805
May 3,449 3 40 1 3,493
June 3,066 3 14 3 3,086
July 3,645 3 29 0 3,677
August 3,234 5 10 0 3,249
September 3,650 10 0 0 3,660
October 3,901 16 34 0 3,951
November 3,731 23 34 0 3,788
December 4,689 3 52 1 4,745
TOTALS 39,171 72 289 7 39,540

The numbers did drop considerably in 2020 through early 2022. This is probably done out of necessity in order to keep the “pandemic” narrative going. Letting people stroll in would have considerably undermined it.

And here are some other things to consider:

In 2019, something happened that wasn’t really reported on. It was that the Canadian Government scrapped the DCO, or Designated Country of Origin policy. This stopped people from 42 countries (mainly in Europe) from being able to abuse the refugee system with bogus claims.

The Parties agree to review this Agreement and its implementation. The first review shall take place not later than 12 months from the date of entry into force and shall be jointly conducted by representatives of each Party. The Parties shall invite the UNHCR to participate in this review. The Parties shall cooperate with UNHCR in the monitoring of this Agreement and seek input from non-governmental organizations.

As for the Safe 3rd Country Agreement, people are still allowed to enter, and it’s still being gamed by human smugglers and traffickers. Few people know this, but the Treaty is actually a 3-way arrangement with the UNHCR acting as a sort of facilitator. Now, this new version is supposed to prevent the kind of fraud that’s been going on, but who knows?

The U.N. High Commission on Refugees is a party to the Canada/U.S. border, at least as far as asylum claims are concerned. If both countries are considered “safe”, then why is this kind of shopping allowed?

Not only is the United Nations a party to U.S/Canada border security, but the organization distributes information packages on how to circumvent the Safe Third Country Agreement. While claiming to care about the integrity of countries, they publish materials to do exactly the opposite.

Perhaps there will be an updated edition given changes to the STCA.

And no, this isn’t just well meaning naivety. The U.N. has extensively studied the connection between lack of border enforcement, and the facilitation of human smuggling and trafficking. It isn’t a surprise that open borders lead to increases in illegal crossings. They know exactly what’s going on.

This isn’t an issue of incompetence, but deliberate subversion.

(1) https://www.irb-cisr.gc.ca/en/statistics/Pages/irregular-border-crossers-countries.aspx
(2) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/processed-claims.html
(3) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2017.html
(4) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2018.html
(5) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2019.html
(6) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2020.html
(7) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2021.html
(8) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2022.html
(9) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2023.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.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html
(12) https://canucklaw.ca/tsce-10c-bit-of-history-doug-rob-ford-voted-in-2013-for-sanctuary-toronto-amnesty-for-illegals/
(13) https://www.canada.ca/en/immigration-refugees-citizenship/news/2019/05/canada-ends-the-designated-country-of-origin-practice.html
(14) https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html
(15) https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html
(16) UNHCR Information On Circumventing Border Security
(17) https://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/Smuggling_of_Migrants_A_Global_Review.pdf

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Bit Of History: Royal Canadian Legion Got Bailout Money, Supported Vaccine Passports

The topic of bailout subsidies during the so-called “pandemic” was addressed extensively on this site. In short, countless groups and industries were getting some form of payout from Ottawa.

However, a recent story is worth covering. A 2021 video of Danielle Smith (who wasn’t in politics at the time) recently surfaced. She said that tyranny — such as vaccine passports — were the kind of things that the Canadian Forces were supposed to fight against.

Unfortunately, it doesn’t appear that Smith has the backbone to stand behind her remarks, especially during campaign season. She has since backed down when asked about this.

Previously, the United Conservative Party, was headed by Jason Kenney, who supported vaccine passports, mask mandates, business closures, and jailed dissidents. Smith barely paid lip service to this, and ignores the fact that the U.C.P. accepted bailout money from Trudeau.

At the risk of being seen as trashing the military, it’s important to at least consider the financial incentives that the Royal Canadian Legion has had over the last few years. These groups made the decision to enforce Provincial vaccine passport requirements in 2021 and 2022, despite supposedly supporting freedom.

For a specific example, the Royal Canadian Legion received $14 million in late 2020 “in order to continue operations during the Covid pandemic this organization is receiving funding.” Was this a case of making a deal with the devil?

Then, there are other things to look at.

CEWS, Canada Emergency Wage Subsidy Recipients:

  • BC/YUKON COMMAND OF THE ROYAL CANADIAN LEGION
  • LEGION OF CHRIST, CANADA, INCORPORATED
  • LEGION ROYALE CANADIENNE SUCC. 136, LAKE MEGANTIC
  • MONTGOMERY BRANCH 351 ROYAL CANADIAN LEGION
  • ROYAL CANADIAN LEGION #100 CHARLESWOOD BRANCH
  • ROYAL CANADIAN LEGION AMBASSADOR (ONT. NO. 143) BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION BANFF COL MOORE (ALTA NO 26) BRANCH
  • ROYAL CANADIAN LEGION BLENHEIM
  • ROYAL CANADIAN LEGION BR 263 COQUITLAM
  • ROYAL CANADIAN LEGION BR 94
  • ROYAL CANADIAN LEGION BR NO 240
  • ROYAL CANADIAN LEGION BRANCH 10
  • ROYAL CANADIAN LEGION BRANCH 500
  • ROYAL CANADIAN LEGION BRANCH 79
  • ROYAL CANADIAN LEGION BRANCH 80
  • ROYAL CANADIAN LEGION BRANCH NO. 35
  • ROYAL CANADIAN LEGION BRANCH NO 9
  • ROYAL CANADIAN LEGION BRIGDEWATER BRANCH N.S. #24 POPPY FUND
  • ROYAL CANADIAN LEGION CHAPELHOW BRANCH #284
  • ROYAL CANADIAN LEGION DOMINION COMMAND
  • ROYAL CANADIAN LEGION EGANVILLE (ONTARIO NO. 353) BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION & GENERAL STEWART BR NO 4
  • ROYAL CANADIAN LEGION GRANVIEW (PACIFIC NO 179) BRANCH
  • ROYAL CANADIAN LEGION, HENDERSON HIGHWAY BRANCH NO. 215
  • ROYAL CANADIAN LEGION MISCOUCHE BRANCH 18
  • ROYAL CANADIAN LEGION MOOSE JAW BRANCH 59
  • ROYAL CANADIAN LEGION REDCLIFF BRANCH NO. 6
  • ROYAL CANADIAN LEGION ST. LAURENT BRANCH 250 INC.
  • THE ROYAL CANADIAN LEGION BRANCH 056
  • THE ROYAL CANADIAN LEGION BRANCH 550
  • The Royal Canadian Legion Branch 64, Conception Bay Centre Inc.
  • THE ROYAL CANADIAN LEGION BRANCH NO. 46
  • THE ROYAL CANADIAN LEGION, CONCEPTION BAY BRANCH 50 INC.
  • THE ROYAL CANADIAN LEGION,FORT ROUGE #97
  • THE ROYAL CANADIAN LEGION, NOVA SCOTIA/NUNAVUT COMMAND – BENEVOLENT FUND
  • THE ROYAL CANADIAN LEGION WEYBURN BRANCH 47 INC.

It would be nice to know how much each individual branch received in bailout money, but the specifics are not included in the CEWS database.

Also noteworthy is that the various Legions (or at least many of them) are structured as charities. This comes with significant tax benefits, which not even non-profits can match.

Registered Charities — Canada Revenue Agency:

  • BRANCH 393 ROYAL CANADIAN LEGION SENIOR CITIZENS COMPLEX
  • BRITISH COLUMBIA/YUKON COMMAND OF THE ROYAL CANADIAN LEGION FOUNDATION
  • CLEMENTSPORT BRANCH #122,THE ROYAL CANADIAN LEGION (POPPY FUND)
  • COURCELETTE #058 ROYAL CANADIAN LEGION POPPY FUND
  • DISTRICT C. ROYAL CANADIAN LEGION VETERANS HOSPITAL FUND
  • FONDS DE COQUELICOT DE LA LEGION ROYALE CANADIENNE, BRANCHE 52
  • FONDS DE COQUELICOT, LEGION ROYALE CANADIENNE “QUEBEC NORTH SHORE” NO. 003
  • FRANK MORRIS ROYAL CANADIAN LEGION BRANCH NO. 13 BENEVOLENT FUND
  • LEGION ROYALE CANADIENNE “ORTONA 42” FONDS DU COQUELICOT
  • LEGION ROYALE CANADIENNE CAISSE DU COQUELICOT FILIALE 44
  • OKOTOKS BRANCH #291, ROYAL CANADIAN LEGION POPPY TRUST FUNDS
  • P.E.I. Command of the Royal Canadian Legion Veterans’ Memorial and Charity Fund
  • Royal Canadian Legion (Ont. No.15) Branch Poppy Fund
  • Royal Canadian Legion – Branch 551 Poppy Fund
  • Royal Canadian Legion Ambassador & Walkerville (Ont. No. 644) Branch Poppy Fund
  • Royal Canadian Legion Branch #475 Poppy Trust Fund
  • Royal Canadian Legion Branch Poppy Fund
  • Royal Canadian Legion Branch 163 Pipes and Drums
  • Royal Canadian Legion Branch 218 Poppy Fund
  • Royal Canadian Legion Cold Lake #211 Branch Poppy Fund
  • Royal Canadian Legion Espanola (ont No 39) Branch Poppy Fund
  • Royal Canadian Legion Pincher Creek Branch #43 Poppy Fund
  • Royal Canadian Legion Victory Branch #317 Poppy Trust Fund
  • Royal Canadian Legion, North Battleford Branch #70 (Sask) Poppy Fund
  • Royal Canadian Legion, Poppy Trust Fund, Gull Lake, Saskatchewan
  • ROYAL CANADIAN LEGION (ASSINIBOIA BRANCH #17), POPPY FUND
  • ROYAL CANADIAN LEGION (WIARTON) BRANCH 208 POPPY FUND
  • ROYAL CANADIAN LEGION – BRANCH 5 MEMORIAL SCHOLARSHIP FUND
  • ROYAL CANADIAN LEGION – BR 32 (POPPY FUND TRUST ACCOUNT)
  • ROYAL CANADIAN LEGION #77 POPPY FUND CHARITY
  • ROYAL CANADIAN LEGION A V M SULLY- BRANCH 109 SCHOLARSHIP TRUST
  • ROYAL CANADIAN LEGION AMBASSADOR (ONT. NO. 143) POPPY FUND
  • ROYAL CANADIAN LEGION ARRAS BRANCH 59 POPPY FUND
  • ROYAL CANADIAN LEGION BEAVER VALLEY (ONTARIO NO 281) BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION BELLE RIVER BRANCH 399 POPPY FUND
  • ROYAL CANADIAN LEGION BELLEVILLE ONT. NO. 99 BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION BEVERLY (ONTARIO NO. 500) BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION BRANCH #498 – POPPY FUND
  • ROYAL CANADIAN LEGION BRANCH NO. 20 DIGBY POPPY FUND
  • ROYAL CANADIAN LEGION BRANCH 142 DUNNVILLE BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION BRANCH 148, (NORTH BURNABY) POPPY FUND
  • ROYAL CANADIAN LEGION BRANCH 18 POPPY TRUST FUND
  • ROYAL CANADIAN LEGION BRANCH 212 KEMPTVILLE ONTARIO POPPY FUND
  • ROYAL CANADIAN LEGION BRANCH 232 POPPY FUND
  • ROYAL CANADIAN LEGION BRANCH 26
  • ROYAL CANADIAN LEGION BRANCH 272 POPPY
  • ROYAL CANADIAN LEGION BRANCH 288 POPPY FUND
  • ROYAL CANADIAN LEGION BRANCH 324
  • ROYAL CANADIAN LEGION BRANCH 479, NIAGARA FALLS POPPY FUND
  • ROYAL CANADIAN LEGION BRANCH 532 MEMORIAL SCHOLARSHIP FUND
  • ROYAL CANADIAN LEGION BRIGDEWATER BRANCH N.S. #24 POPPY FUND
  • ROYAL CANADIAN LEGION BROCKVILLE ONT. NO. 96 BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION BROME (QUE. NO. 23) BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION BURKS FALLS ONT. NO. 405 BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION CAMPBELLFORD ONT. NO. 103 BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION CAMROSE BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION CANWOOD BRANCH # 132 POPPY FUND
  • ROYAL CANADIAN LEGION CASTOR BRANCH POPPY FUND, BRANCH NO 119, THE
  • ROYAL CANADIAN LEGION COBDEN & DISTRICT (ONTARIO NO. 550) BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION COBEQUID NO. 72 BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION COOKSVILLE ONT NO 582 BRANCH POPPY TRUST FUND
  • ROYAL CANADIAN LEGION CORNWALL (ONTARIO NO 297) BRANCH POPP
  • ROYAL CANADIAN LEGION CORUNNA (ONT NO 447 LESLIE SUTHERLAND) BRANCH POPPY FUND
  • ROYAL CANADIAN LEGION DEEP RIVER (ONTARIO NO 436) BRANCH POPPY FUND

This is not the complete list. The Canada Revenue Agency lists over 200 such groups with a charity designation.

There’s nothing wrong — in principle — with such groups having this designation, nor receiving tax benefits for it. But one has to wonder if their status would have been revoked if they didn’t play along with the narrative.

In addition to the regular benefits of being a registered charity, such groups were also eligible for extra lockdown and rental subsidies.

Qualifying organizations that are subject to a lockdown and must shut their doors or significantly limit their activities under a public health order may be eligible for additional Lockdown Support of 25 per cent of eligible expenses.

In response to concerns raised by stakeholders about the program, the Government is proposing to amend the CERS in order to allow applicants to include eligible expenses in their CERS application before the expense has been paid. This means that organizations can include rent and other eligible amounts already paid in respect of a claim period as well as amounts that are payable for the claim period when submitting their CERS applications. Amounts that are not paid at the time of the application will have to be paid no later than 60 days after payment of the subsidy.

To be eligible, organizations must be individuals, taxable corporations and trusts, non-profit organizations or registered charities.

Does this mean that various branches of the Royal Canadian Legion took the bailout money as bribes? Not necessarily, but this can’t be completely ignored.

Don’t forget, the Canadian military supposedly saw this “pandemic” as a unique opportunity to use propaganda techniques on Canadian citizens. They refer to it as “shaping and exploiting information”. This was done with the purpose of pushing public health measures, while attempting to minimize civil disobedience.

In other words. the Forces used subversion and deceit in order to wage war on its citizens.

With that in mind, one has to ask if the various Royal Legions were also compromised. Did they turn their backs on veterans in order to push for compliance with lockdown measures?

If the Forces are okay with (or at least willing) to use propaganda in order to push a particular narrative, would various Legions do it as well?

(1) https://twitter.com/_llebrun/status/1655681786389622784
(2) https://pressprogress.ca/danielle-smith-boycotted-remembrance-day-poppies-railed-against-mainstream-medicine-on-podcast/
(3) https://www.cbc.ca/news/canada/calgary/danielle-smith-adolf-hitler-netflix-rachel-notley-1.6836160
(4) https://globalnews.ca/news/9686254/ucp-danielle-smith-nazi-comments/
(5) https://search.open.canada.ca/grants/?sort=agreement_value+desc&search_text=royal+legion&page=1
(6) https://search.open.canada.ca/grants/record/vac-acc,021-2020-2021-Q3-00061,current
(7) https://www.ctvnews.ca/politics/struggling-legions-and-veterans-organizations-to-receive-20m-in-emergency-support-1.5182483
(8) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/bscSrch
(9) https://www.canada.ca/en/revenue-agency/news/2020/11/canada-emergency-rent-subsidy.html
(10) https://ottawacitizen.com/news/national/defence-watch/military-leaders-saw-pandemic-as-unique-opportunity-to-test-propaganda-techniques-on-canadians-forces-report-says

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A Look Into The Motion To Throw Out Vaccine Choice Canada’s July 2020 Lawsuit

The Ontario Government has filed its Notice of Motion, explaining exactly how and why it wants the July 6th, 2020 lawsuit thrown out. There are more papers to come, but here is the gist of it, according to the Attorney General:

  • The case is frivolous and vexatious
  • The Orders being challenged lapsed long ago
  • The pleadings are written so poorly, it’s impossible to respond to

For context, consider that the Claim was filed in July 2020, and then sat inactive for 2 1/2 years. The first Court appearance (of any kind) was on January 17th, 2023. This was a case conference to schedule dates for a Motion to Strike.

We are approaching the 3 year anniversary of the Statement of Claim being filed.

The case has been idle and inactive for so long that many of the issues it raises are moot, and no longer of relevance. This includes various emergency orders, which have long since expired. This site predicted last Summer that this would happen.

That’s right: the Government is trying to get the case tossed, at least in part, because the orders being challenged lapsed ages ago.

The Notice states that absent a new Declaration of Emergency, it’s impossible to issue more Orders such as under the Reopening Ontario Act.

The Statement of Claim, despite being 191 pages, is lacking in any details or specificity about the orders and regulations that are being challenged. In other words, it’s too vague for the Defendants to meaningfully respond to.

The Notice cites Rule 25.06(1) of Civil Procedure. This refers to the requirement that pleadings contain a concise set of material facts. The Claim certainly does not.

The Notice cites Rule 21.01(1)(b) of Civil Procedure, arguing that the Claim doesn’t disclose a reasonable Cause of Action. In other words, it’s not asking for things that the Ontario Superior Court (Civil) can realistically grant, even if the allegations were proven.

The Notice states: “The pleadings are replete with irrelevant, speculative and bare allegations,
including numerous allegations which are beyond belief or proof. The pleadings are filled with conspiracy theories, including allegations regarding Bill Gates, the World Health Organization, and “a declared agenda to impose global mandatory vaccination, ID chipping, testing and immunity certification on all citizens” that “has been in the works for decades.””

It’s worth mentioning that filling the Claim with non-justicible issues will very likely cause the pleadings to be struck for that reason alone. It happened with Action4Canada in August 2022, and with 600 Federal Plaintiffs in February 2023. In fact, it’s inevitable that those cases will be used as precedents here.

The Vaccine Choice lawsuit is similarly filled with issues that a Civil Court can’t preside over, and makes countless accusations against non-Parties.

Expect a Decision with the words “bad beyond argument” early in the new year.

As for sending a message to the CBC, that will never happen. The lawsuit was discontinued against them in July 2022, after they threatened to being an anti-SLAPP Motion.

Another ground for the Motion is that the Claim is scandalous (pleads evidence), frivolous and vexatious. The Government is claiming that the suit is a waste of everyone’s time, and is very poorly written. If only someone could have spoken up about that years ago.

The dates for various documents to be filed are outlined in this Requisition Form. It doesn’t appear that there will be any Affidavits or cross-examinations to be done, but those are listed anyway.

The undeniable reality is that there was never any attempt — serious or otherwise — to bring this case to Trial. This site has been warning about that since late 2020 and into 2021.

The Applications pushed by Police On Guard and Children’s Health Defense Canada are apparently “moot” as well, and not being advanced. However, neither group makes that clear, and both are still soliciting donations. More on that another time.

The leadership at Vaccine Choice doesn’t deny that nothing has happened with this case. Instead, they offer nonsense justifications about why it’s no longer necessary to pursue. Probably the most common example are claims that simply filing this lawsuit led to exemptions for masks. Even if this were true, what about everything else that was alleged in the papers?

Action4Canada boasts of similar achievements, such as its filing resulting in mask exemptions on B.C. Ferries. Of course, no evidence is ever submitted.

The Motion with Vaccine Choice is scheduled to take place over 1 1/2 to 2 days. Currently, January 30th and February 1st, 2024 have been set aside. Watching via Zoom should be an option.

*A small disclaimer: this appears to have been only filed by the Ontario Defendants. It’s possible that other Notices will be coming as well. They have until June 30th. However, the issues raised will be similar, if not virtually identical.

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
(5) VCC – Requisition For CPC Motion To Strike
(6) VCC – Notice Of Motion To Strike