Category: Canada

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Action4Canada Appeal: Why Didn’t They Just Rewrite The Claim?

Note: Court documents are provided below. Help yourself!

August 2020 (or around then), a group called Action4Canada began soliciting donations for the promise of a lawsuit to challenge martial law measures in British Columbia. However, it would be about a year before anything would materialize.

August 17th, 2021, Action4Canada filed this 391 page Notice of Civil Claim (a.k.a. Statement of Claim) in Vancouver. To put it very mildly, the lawsuit was a complete mess, and never stood any chance of making it to Trial.

August 31st, the Canuck Law site published this review of Action4Canada’s 391 page Notice of Civil Claim (NOCC). The gist of the article was that the document completely failed to meet the basics of the Rules of Civil Procedure for British Columbia, and would inevitably be struck.

Rule 3-1 — Notice of Civil Claim
Notice of civil claim
(1) To start a proceeding under this Part, a person must file a notice of civil claim in Form 1.
.
Contents of notice of civil claim
(2) A notice of civil claim must do the following:
.
(a) set out a concise statement of the material facts giving rise to the claim;
(b) set out the relief sought by the plaintiff against each named defendant;
(c) set out a concise summary of the legal basis for the relief sought;
(d) set out the proposed place of trial;
(e) if the plaintiff sues or a defendant is sued in a representative capacity, show in what capacity the plaintiff sues or the defendant is sued;
(f) provide the data collection information required in the appendix to the form;
(g) otherwise comply with Rule 3-7.

Rule 3-7 — Pleadings Generally
Content of Pleadings
.
Pleading must not contain evidence
(1) A pleading must not contain the evidence by which the facts alleged in it are to be proved.
.
Documents and conversations
(2) The effect of any document or the purport of any conversation referred to in a pleading, if material, must be stated briefly and the precise words of the documents or conversation must not be stated, except insofar as those words are themselves material.
.
When presumed facts need not be pleaded
(3) A party need not plead a fact if
(a) the fact is presumed by law to be true, or
(b) the burden of disproving the fact lies on the other party.

That article gathered some real traction, and was spread throughout the alt-media and freedom community. However, it seemed that the people at Action4Canada were outraged, and alleged that it caused a drop in donations.

September 7th, the Canuck Law site was sued for defamation for $7,000,000, and that article was specifically included. It’s believed that the head of Action4Canada instigated the suit, in retaliation for increased scrutiny, and the loss in donations.

May 31st, 2022, an Application to Strike was heard in Vancouver to throw out Action4Canada’s case. This came after months of the Plaintiffs trying to delay matters.

August 29th, 2022, Justice Alan Ross struck the Action4Canada case in its entirety, although a rewrite was allowed. His ruling greatly paralleled the 2021 review that this site had been sued over. Even the B.C. Law Society piled on, using this case as an example of how not to draft pleadings. See page 15, (27 overall).It was a bittersweet vindication.

That said, Justice Ross did allow the NOCC to be rewritten, and that’s where things get interesting. The Plaintiffs could have just written it properly, but instead, the case was appealed.

Some Plaintiffs, such as Amy Muranetz and Federico Fuoco, saw the writing on the wall when the August ruling came. They realized that this wasn’t what they signed up for, and discontinued. But the Appeal is still going ahead with the majority of the parties.

The Appeal seeks to overturn several parts of Justice Ross’ decision, such as this:

[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.

[53] I agree with the defendants that these are improper claims.

Yes, the Appellants are trying to get the B.C. Court of Appeals to decide that a Civil Court is able to make criminal rulings, determine scientific consensus, and make rulings with respect to the Nuremberg Code and the Helsinki Declaration. Clearly, this will go nowhere.

The Appeal also states that costs should not have been awarded to the Defendants, despite the fact that the NOCC was incoherent. As costs are generally discretionary, this won’t make headway.

While claiming that the case was improperly struck, the Appellant’s Factum avoids the elephant in the room: the original Claim didn’t follow the Rules of Civil Procedure at all.

Again, the case could simply have been rewritten.

It’s worth noting that Action4Canada is still soliciting donations, under the pretense that an amended NOCC will be filed anytime. It’s been 8 months since Justice Ross’ ruling, and still nothing. Also, considering the mess the lawyers made last time, shouldn’t they be replaced by more competent people?

And is Lawrence Wong part of this, or is his office just a mailing address?

Action4Canada’s main lawyer said in an Affidavit earlier this year (while he’s suing other people out West) that the amended NOCC was on hold. Meanwhile, this group is still asking for more money, for a NOCC that they know isn’t coming anytime soon.

In reality, Action4Canada has been fundraising since about the Summer of 2020. As no legitimate lawsuit has been filed in nearly 3 years, is this not a scam?

Reading through the Respondents’ Factums — and there are 5 of them — they all point to the same thing. Instead of appealing, the Claim could simply have been written in a clear and intelligible way. Justice Ross provided that option.

The Factum from Action4Canada ignores the elephant in the room. The case was struck (largely) because it was so convoluted and incomprehensible. That point is glossed over almost entirely. And what so the Defendants (Respondents) have to say about this?

Factum of Attorney General of Canada:

[Page 14, Paragraph 27] The chambers judge found those pleadings above to be improper. However he did not dismiss those or any parts of the action. He did not conduct an exhaustive review of the claim. He determined that he was unable to parse the claim to indicate whether paragraphs, categories, or claims should remain in or should be struck, stating: “[t]hat is not the proper role of this court.”

Factum of B.C. Ferries, Brittney Sylvester:

[Page 5, Paragraph 15] The chambers judge’s finding of prolixity is unimpeachable. At more than 390 pages, the NOCC is clearly prolix. But sheer length is not the only problem. The NOCC’s scope is sweeping and unconstrained: it makes wide-ranging allegations—even against non-parties—that have little or no connection to any justiciable question of law. It contains extensive passages of completely irrelevant information and convoluted legal arguments. And as the chambers judge found, it is impenetrable: “[it] is not a pleading that can properly be answered by a responsive pleading”. As such, it was properly struck.

Factum of Provincial Defendants:

[Page 3, Paragraphs 11, 12] The NOCC is replete with wide-ranging and unconstrained allegations against both the defendants and non-parties. It alleges a vast narrative of global conspiracy, misfeasance in public office, and corporate and non-governmental organization corruption. Non-parties against whom the appellants levy allegations include Bill Gates, the Rockefeller Foundation, and the World Health Organization.

The appellants seek declaratory relief on numerous non-justiciable issues pertaining to questions of science, public health, and conspiracy theories. The appellants also allege numerous offences under the Criminal Code and violations of international legal instruments—none of which are viable causes of action in a domestic civil action.

Factum of Peter Kwok, TransLink:

[Page 2, Paragraph 9] Justice Ross found that the NOCC “is not a document that the court can mend by striking portions”. He noted that the NOCC contained “multiple allegations against the defendants individually and jointly”, such that it “would be extremely difficult, if not impossible, for any individual defendant to determine whether it is required to respond to any particular allegation” . Justice Ross went on to find that the issues with the NOCC were so profound that it could not be saved by a piecemeal striking of the problematic portions, as doing so “would invite more confusion and greater expenditure of the resources of all concerned.”

Factum of Vancouver Island Health Authority and Providence Health Care:

[Page 6] The appellants ignore that the notice of civil claim was struck due to its prolix and confusing nature, and focus on challenging the obiter of Justice Ross in respect of which claims are properly included in the notice of civil claim. Justice Ross did not specifically strike any of the claims in the notice of civil claim, but rather sought to provide guidance on which claims could be properly included in the next iteration of the appellants’ notice of civil claim. These issues are irrelevant to the issue of whether or not Justice Ross’ order ought to be overturned. Rather, this appeal ought to address the serious defects in the notice of civil claim which render it prolix, scandalous, embarrassing, and confusing to the point where it is impossible to properly respond to.

As painful as this is to say, how are they wrong? These quotes explain quite well why the original NOCC was struck. And this leads to another point: Action4Canada frequently misrepresents why this happened at all. They admit it was prolix (too long), but downplay other issues.

Another common lie is that Justice Ross found the NOCC to be valid. He did no such thing. Instead, he said there were “potentially valid causes of action”, which is not same thing. There might be parts that theoretically could be litigated if the NOCC were written properly.

So, what happens when the B.C. Court of Appeals eventually throws this out? Will there be an Application for Leave (permission) to get the Supreme Court of Canada to hear this? If so, an amended NOCC may not be filed until 2025 or 2026.

Why wasn’t the original NOCC written properly?

Why appeal instead of just writing it according to the guidelines of Justice Ross?

Remember: the best way to control the opposition is to lead it ourselves!

On an unrelated, but humourous note: Action4Canada has apparently enraged gay rights groups to the point where some of their financial information was posted online. See General Ledger below. It seems that in late April 2022, page 10, there was a $200,000 transfer to pay for legal fees (and a corresponding transfer to cover the balance). It’s fair to assume that this “Action” has cost much more than half a million in total.

ACTION4CANADA APPEAL DOCUMENTS:
(1) A4C Notice Of Appeal September 28 2022
(2) A4C Appeal – Appeal Book – Appellant
(3) A4C Appeal – Appeal Book – Respondent VIH And PHC
(4) A4C Appeal – Appeal Record – Stand Alone Respondents VIHA
(5) A4C Appeal – Appeal Record – Stand Alone
(6) A4C Appeal – Factum – Appellant
(7) A4C Appeal – Factum – Respondent Attorney General Of Canada
(8) A4C Appeal – Factum – Respondent BC Ferries and Brittney Sylvester
(9) A4C Appeal – Factum – Respondent HMK -Provincial Defendants
(10) A4C Appeal – Factum – Respondent Peter Kwok and Translink
(11) A4C Appeal – Factum – Respondent VIHA and Providence Health

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

OTHER:
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) https://www.lawsociety.bc.ca/Website/media/Shared/docs/becoming/material/civil.pdf
(3) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/168_2009_01#rule3-1

ACTION4CANADA FINANCIAL DOCS:
(A) A4C Docs Profits And Losses 2021-2022
(B) A4C Docs Balance Sheet 2021-2022
(C) A4C-Docs-General-Ledger-2021-2022

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A Beginner’s Guide To Spotting Scam Lawsuits

Have you ever been asked to donate to a public interest lawsuit? Well, if you have any connection to the “freedom movement” in Canada, odds are that the answer is yes.

This piece is designed to offer a constructive suggestion: before donating to any case, it’s best to do some due diligence on what’s going on. Yes, that will involve some work, but life is like that.

To add the disclaimer: poorly written and handled litigation doesn’t always mean corruption. There are other explanations like carelessness and incompetence. But at some point, questions have to be asked.

The following is a list of interrelated ways a person can tell if a lawsuit is designed to fail, or at least is extremely likely to fail. While it’s written with “pandemic” measures in mind, there is cross-over with other issues. A single indicator doesn’t necessarily prove malintent, but these are definitely red flags.

1. The Lawsuit Is Filed In The Wrong Court

This should be obvious: Courts only have jurisdiction to hand out certain remedies. If a relief being sought is outside that jurisdiction, Judges have no power to grant it, regardless of how strong the evidence and/or witness testimony might be.

Action4Canada was called out for doing this. At paragraph 52:

[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.

[53] I agree with the defendants that these are improper claims.

The case was struck (in part) because it demanded many remedies that a Civil Court in British Columbia had no jurisdiction to grant. Action4Canada is appealing, but that will go nowhere.

Earlier this year, a Federal case was thrown out (in part) for the same reason. It too has been appealed.

Another instance where jurisdiction is an issue concerns cases involving Government employees and/or employees of unionized organizations. In those cases, there’s typically a grievance process that leads to arbitration, and a restriction on litigation. There are limited ways around it, but that requires competent attorneys to argue.

It the lawyers managing cases don’t even know what areas the Court has jurisdiction over, then they probably shouldn’t be practicing.

2. The Wrong Paperwork Is Submitted

This is related to jurisdiction, but is a somewhat separate issue. If a person asks a Judge to do something, then the correct forms have to be filed.

A Statement of Claim, (or Notice of Civil Claim in B.C.), is what’s usually filed to start a lawsuit. However, other, more specific or limited remedies must use an Application or Petition.

In Ontario, a request for a: Prohibition (ban), Mandamus (order to compel); or Certiorari (review of lower decision) must be done by Application. If put in an Action, the case would probably be thrown out.

Also, in Ontario, a request for a Prohibition, Mandamus, or Certiorari must be filed in Divisional Court (not Superior), unless permission is granted otherwise. Vaccine Choice (2019 case), Police On Guard, and Children’s Health Defense would likely have their suits tossed just for this.

While it’s true that this can — often — be fixed later, it’s still a huge waste of time and money. At a minimum, it shows great incompetence.

3. There Are Never Any Status Updates Or Announcements

It seems logical that any legitimate person or organization would keep everyone posted as to what’s going on, good or bad. Documents should be posted, along with a “Coles Notes” summary of what has been happening. This not only reassures prospective and returning donors, but shows transparency with money being spent.

Obvious examples where this is not done include: (a) Vaccine Choice Canada (both); (b) Police On Guard; and (c) Children’s Health Defense Canada. The only reason anyone knows about this is because it’s been reported here.

4. Basic Steps Take Unreasonably Long To Accomplish

The Notice of Civil Claim took nearly a year for Action4Canada to file. Instead of a short and straightforward pleading, it was a mish-mash of every conspiracy (true and false) crammed together. It didn’t follow the basics for drafting, and more on that later.

The NOCC was predictably struck in its entirety. Despite promises of a rewrite — and more requests for donations — an amended version hasn’t materialized in 8 months.

It shouldn’t take months or years to draft a NOCC.

5. The Statute Of Limitations Is Completely Ignored

Jurisdictions all over the world place time limits on how long potential litigants have to launch cases. For civil litigation in Canada and Canadian Provinces, that’s generally 2 years. There are exceptions, but 2 years is the most common.

If a lawyer takes forever to start a case, or just files something — and lets it sit — that places the client at risk. This is because if that person is forced to later get different help, he or she might find their grievances are time barred. Yes, this is a real thing.

Each Province is slightly different, but the Limitation Acts can all be looked up.

6. The Pleadings Are Incoherent And Hard To Follow

This doesn’t really require an explanation. Documents need to be written clearly, and in a way that people who aren’t familiar with the issues can at least understand what’s going on. And that ties in directly with the next point.

7. Basic Rules Of Civil Procedure Are Rarely Followed

Each Court has similar rules for how to draft a lawsuit. These include:

(a) Short, concise set of facts that are being alleged
(b) Don’t plead evidence, or long quotes. That comes later
(c) Clearly state the relief being sought, namely, what you’re asking for
(d) State what laws/regulations will support the suit
(e) Provide enough particulars, or specifics, so the other side can respond
(f) Outline how and why this Court has jurisdiction
(g) Make the pleading organized enough so that it can be understood.

Sounds simple enough, doesn’t it?

See Vaccine Choice Canada, Action4Canada and the Federal case for examples. These were written so poorly that anyone would have considerable difficultly following along.

So far, 2 of those have been struck for essentially the reasons outlined. Vaccine Choice faces a similar hearing in early 2024.

8. The Case Accepts Far Too Much at Face Value

Considering that these martial law measures were based on false pretenses, it’s disheartening to see many lawyers (across Provinces) playing along with this. They rarely, if ever, challenge the fake science. Instead, it’s often just a simple plea for exemptions, or a slight rollback of the measures.

It’s also a source of irritation that few (if any) challenge the notion of a virus itself. If lockdowns, vaccine and mask mandates are all based on fraud, why assume that the virus is real?

9. Lawyers Spend More Time Soliciting Donations Than In Court

Another cause for concern. If there are endless requests for donations, and little progress to show in advancing a lawsuit, it could very well be a scam.

10. Lawyers Are Also Receiving Government Money

Who else are the lawyers getting money from?

CEWS, the Canada Emergency Wage Subsidy, was just one program in operation over the last few years. Yes, it’s been inactive since late 2021, but there were an awful lot of lawyers and firms listed there. This includes some in the “freedom community”. Of course, that was just one program.

11. Gaslighting, Threatening And/Or Suing Of Critics

That has happened here, and will be addressed in much more detail at a later date. Exposing the grifts has certainly come with consequences.

Now for some questions that have come up before.

What should people be looking for?

This is certainly a reasonable thing to ask. Most people have better things to do with their lives than study law, so what should they be alert to?

One idea is to start with points #3 and #6. Check to see what kind of updates are available on the organization’s website. If it’s legitimate, there should be fairly regular postings. Also, are the documents filed straightforward and easy to understand, or do they seem convoluted and incomprehensible?

Ask as a lay person: does this appear legitimate?

Why keep focusing on this topic?

For a few reasons.

First, it’s an issue that few in the movement were willing to touch back in 2020 or 2021. However, the risk has largely gone away since it’s more openly talked about these days. And it’s still happening.

Second, it’s not purity spiraling to have standards. Yes, everyone wants freedom and hates martial law, but it’s predatory to take advantage of people in this manner. No one would tolerate this from Trudeau, Ford, or Horgan, but it’s okay when “freedom fighters” rip others off? They need to be cast out.

Third, see point #11.

Does this mean these cases are so-called “controlled opposition”?

In some sense, it’s irrelevant if a case is shoddy due to greed, incompetence, or corruption. The result is the same. Specifically: litigants who had potentially valid issues will never get their day in Court, due to serious errors made by their lawyer(s).

It’s impossible to know for sure without some inside knowledge. But for a lot of these cases, it seems to be the most plausible explanation.

(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html
(3) https://www.canlii.org/en/on/laws/stat/rso-1990-c-j1/latest/rso-1990-c-j1.html
(4) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/dsplyBscSrch?request_locale=en

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CSASPP Class Action Certification Hearings To Resume On Monday, April 24

Monday, April 24, the B.C. Supreme Court in Vancouver is set to resume certification hearings for a proposed class action lawsuit. It was brought by a group called CSASPP, the Canadian Society For The Advancement Of Science In Public Policy.

This is not a Trial, but simply procedural hearings to determine if the class action is to be certified (approved), and can go ahead. Even if certified, there is still a lot to be done afterwards.

There won’t be livestreaming of the proceedings, but at least one person, Eva Chipiuk, is promising real-time updates on Twitter. It’s explained here, in a short video clip.

The hearings started on December 12, 2022, and were supposed to have been concluded during the week of the 12th to the 16th. But things took a lot longer than expected, to be blunt.

CSASPP provides a page for their status updates, which is in reverse chronological order. If the court documents themselves are a bit overwhelming, this will provide a “Coles Notes” version.

Videos of the December 2022 hearings are available online.

Should this case go ahead, then Bonnie Henry, the “British Columbia Provincial Health Officer” would likely be forced to testify. And does she ever have things to answer for.

On a side note: it would be nice to see the issue of whether this “virus” exists confronted head on. After all, if the Government is lying about vaccines, masks, lockdowns, testing, contact tracing and pretty much everything else, why should we assume they tell the truth about viruses?

As for the Action4Canada suit, there’s been no amended Notice of Civil Claim filed in the 8 months since the last one crashed spectacularly. The organization is still fundraising, on the premise that it will refile at some point. The group decided to file a baseless appeal, rather than do a rewrite, which was allowed. It’s now used by the B.C. Law Society as a “teaching moment“. Heck, even the OPCA hacks aren’t really pushing this case anymore.

Below are a significant portion of the CSASPP documents. It’s not exhaustive, but should provide readers with much needed background information. These can be saved or duplicated at will.

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

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

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Statement Of Defence Filed In High Profile Bridle Lawsuit

Just before Christmas last year, a 73 page Statement of Claim was filed in Toronto, involving Byram Bridle and the University of Guelph. News of this development lit up the alternative media in Canada. It alleged a grand conspiracy to harass the Plaintiff and destroy his career. While an interesting read, it came across as being very difficult to prove.

It seemed very odd that Bridle was presented both as an expert developing Covid vaccines, and a conscientious objector fighting against Covid vaccine mandates. There’s also no virus, but that’s a discussion for another time.

And since then?

The Defendants responded with an 8 page Statement of Defence. It doesn’t really address the specific allegations, other than to issue a blanket denial. As an aside, it doesn’t appear that David Fisman is covered by this Statement.

To sum up the document in as few words as possible: “Oh yeah? Prove it.”

Several other defences are also raised:

  • The University of Guelph claims that the issues between Bridle, the school, and the various staff members are to be considered an employment dispute. As such, the Court would lack jurisdiction to hear the case, as it would likely be subjected to the collective bargaining rules, which mandate arbitration.
  • On a procedural note, the Defence points out that: (a) there isn’t a concise set of material facts provided; and (b) the Claim attempts to plead evidence.
  • It’s claimed that portions of the lawsuit would be barred by the Limitations Act. This sets time limits as to how long potential litigants have to file.
  • Section 137.1 of the Courts of Justice Act (anti-SLAPP), is raised concerning the online postings. While this would only apply to a portion of the case, everything would be put on hold until that’s resolved. That will take a year or 2.

Even if the Claim were struck because it’s poorly written — which is possible — that’s not a permanent solution. It can likely be redone.

The other defences, such as the Statute of Limitations and collective bargaining, can pose a much bigger problem. Those have the potential to get large portions of the Claim gutted.

Guelph and the other Defendants seem content to dig in, and force Bridle to actually prove his claims at Trial.

Now for the $3 million question: will anything happen to this case? Or will it remain in limbo for years, like so many dead-end lawsuits? We’ll have to see.

(1) https://www.ontario.ca/page/search-court-cases-online
(2) https://canucklaw.ca/wp-content/uploads/Byram-Bridle-Statement-Of-Claim.pdf
(3) https://canucklaw.ca/wp-content/uploads/Byram-Bridle-Statement-Of-Defence.pdf
(4) https://canucklaw.ca/byram-bridle-lawsuit-unlikely-to-ever-get-anywhere/

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Were Recent Gun Control Measures In Canada Initiated By The United Nations?

The title isn’t clickbait. The UNODA, or United Nations Office for Disarmament Affairs, keeps records of the various actions taken by Member States. Canada is one of them.

One of the specific initiatives is the UN Programme of Action (PoA) and its International Tracing Instrument (ITI), which essentially amounts to global gun control efforts.

Interestingly, the Federal Government is reporting some of the restrictions they’ve made on gun owners in the 2022 report as the progress being made towards the implementation of PoA and the ITI. (See archive).

This raises the obvious question of who is really in charge here.

Let’s start with O.I.C. 2020-0298.

[Page 3]
National targets
1.4. Has your country set national targets relating to the implementation of the PoA and ITI?
1.4.1. If so, describe
In May 2020, the Government of Canada prohibited over 1,500 models of assault-style firearms and their variants. These prohibited firearms cannot be legally sold, or imported, and can only be used or transported under limited circumstances. An Amnesty Order is in effect until October 30, 2023 to allow firearms owners and businesses to come into compliance with the law, and to allow time to implement a mandatory buyback program.
.
As part of the Government of Canada’s comprehensive strategy to keep communities safe from gun violence, the Government intends to continue the implementation of regulations for firearms licence verification and business record-keeping; require the permanent alteration of long-gun magazines so that they can never hold more than five rounds; ban the sale or transfer of magazines capable of holding more than the legal number of bullets; implement the gang prevention and intervention program to provide direct funding to municipalities and Indigenous communities; introduce red flag laws to allow the immediate removal of firearms if that person is a threat to themselves or others, particularly to their spouse or partner, and increase maximum penalties for firearms trafficking and smuggling.
Target year:
2024

If this is to be taken at face value, then the May 1, 2020 Order In Council was aimed at complying with the PoA and the (ITI).

The “Red-Flag Laws” are a reference to Bill C-21, which was introduced in the last session of Parliament, and reintroduced in this one.

Altering firearms so they can never hold more than 5 bullets is also something that Bill C-21 addresses, although the details are sparse.

Then there’s O.I.C. 2022-0447.

[Page 6]
ITI 12a 2.3.2. How long must manufacturing records be kept?
[if other, please explain]
For businesses only (NOT for manufacturers): As of May 18, 2022, firearms businesses are required to keep records which describe each firearm in their possession, and record activities related to each firearm, the date on which these activities are performed, and their disposal, as follows, in order to facilitate the tracing of firearms by law enforcement in the event that a firearm is diverted to the illicit market:
.
i) Manufacturer, make, model, type of firearm, classification, action, gauge or caliber, barrel length, magazine capacity (in the case of a fixed magazine), and all serial numbers found on the frame and receiver.
.
ii) Manufacture, importation, exportation, purchase, alteration, repair, storage, exhibition, deactivation,
destruction, sale, barter, donation, consignment, pawn, or any other category related to the possession or disposal of the firearm, and the date on which the change occurred;
.
iii) The name of the shipper, their permit number or carrier licence number, and the reference number, if the shipper is different from the business keeping the records. Businesses would be required to retain the possession and disposal records for 20 years from the record’s creation. Once a business ceases to be a business they must transfer their records to the Registrar of Firearms who will hold them for no less than 20 years.

By another Order In Council, it’s now the law that businesses must keep records of all gun sales for a minimum of 20 years, regardless of whether they are non-restricted. Again, this is the “progress” that’s being reported to the UNODA.

Keep in mind, Target 16.4 of the U.N. Sustainable Development Goals states that: “By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime”. The full text is available online.

Were these changes made because politicians believed they were the right things to do? Or, were they done in order to comply with international agreements?

(1) https://disarmament.unoda.org/conventional-arms
(2) https://smallarms.un-arm.org/sustainable-development-goals
(3) https://smallarms.un-arm.org/country-profiles/CAN
(4) https://unoda-poa.s3.amazonaws.com/reports/CAN-English-1186-SUBMITTED.pdf
(5) UNODA 2022 Report On Gun Control Measures
(6) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(7) https://orders-in-council.canada.ca/attachment.php?attach=41953&lang=en
(8) https://www.parl.ca/legisinfo/en/bill/43-2/c-21
(9) https://sustainabledevelopment.un.org/content/documents/21252030%20Agenda%20for%20Sustainable%20Development%20web.pdf

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Parliament Revisiting Amendments For Sweeping Bans On Rifles And Shotguns

Hearings are ongoing in Parliament over another gun grab, but first, some backstory:

Bill C-21 was reintroduced in November 2021. To a large extent, it was a rehash of its predecessor (also called Bill C-21), which died when the 2021 Federal election was called.

The new iteration of Bill C-21 would still create red-flag and yellow-flag laws, among other restrictions. It would go further, and ban transfers and sales of handguns outright.

Apparently, the Federal Government didn’t want to wait for Bill C-21 to pass, or take the chance it wouldn’t, so handgun transfers were banned by regulatory change back in October 2022. This was O.I.C. 2022-1144.

Keep in mind, this wasn’t the first gun grab in recent history. O.I.C. 2020-0298 banned over 1,500 models of firearms on May 1, 2020. That was done without any debate, nor regard to logic or consistency as to which types would qualify. It’s currently being challenged in Federal Court.

But this Bill didn’t go far enough. In late 2022, amendments to Bill C-21 were added on, without any real debate as they were done at the conclusion of Parliament’s hearings. From the Manitoba Lodges & Outfitters Association:

Amendment G-4 would change physical requirements of non-prohibited guns so that many more would qualify, including:

  • Projectiles (bullets) discharged with 10,000 Joules of energy or more
  • Bores with a diameter of 20 mm or greater
  • Rifles/shotguns capable of accepting magazines greater than 5 bullets, regardless of what the firearms were actually designed for

Amendment G-46 would have converted many more specific models of rifles and shotguns into “prohibited weapons”, meaning that they could never be sold or transferred again.

This didn’t sit well with the public. Both the wide range of models, and underhanded nature of doing this last minute seemed to circumvent the legislative process.

The amendments were dropped — at least for the time being — but the story doesn’t end there.

A group of 7 members of that Committee requested wanted to rehear witnesses over the G-4 amendments. The Committee sat on December 13, 2022.

Now we get to the current state of affairs.

Hearings continued in February and March of 2023. If the Government had wanted these changes, then they should have been debated in the Fall of 2022.

As of the time of writing this, no decision has been made about the fate of the G-4 and G-46 amendments.

Even if the amendments were to be reinstated, there is no guarantee that Bill C-21 would pass Third Reading in the House of Commons. This is especially true given recent election speculation. Beyond that, no one knows for sure what would happen in the Senate.

To restate the obvious: none of this does anything to prevent gun crime, which politicians constantly rail against. It just makes it harder for people to legally own firearms, and maybe disarmament is the goal.

(1) https://www.parl.ca/legisinfo/en/bill/44-1/c-21
(2) https://canucklaw.ca/bill-c-21-reintroduced-legislation-to-whittle-away-gun-rights/
(3) https://orders-in-council.canada.ca/index.php?lang=en
(4) https://orders-in-council.canada.ca/attachment.php?attach=42706&lang=en
(5) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(6) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=11814165
(7) https://mloa.com/wp-content/uploads/2022/12/G-46-e.pdf
(8) https://mloa.com/wp-content/uploads/2022/12/20221122-C-21-Amendment-G4.pdf
(9) https://www.ourcommons.ca/DocumentViewer/en/44-1/SECU/meeting-54/notice
(10) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=11988263
(11) https://www.ourcommons.ca/DocumentViewer/en/44-1/SECU/meeting-54/evidence
(12) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=12045393