Bill C-293 (International Pandemic Treaty) Revisited: Concerns Raised Over Food Supply

Bill C-293 was covered in early 2023. This is a Private Member’s Bill for domestic implementation of the International Pandemic Treaty, and is now in the Senate.

Parliament had hearings back in late 2023, and those same issues may come up in the Senate. In particular, several groups raised concerns about the food supply should this legislation pass. Specifically, these would include:

  • regulate commercial activities that can contribute to pandemic risk, including industrial animal agriculture
  • promote commercial activities that can help reduce pandemic risk, including the production of alternative proteins
  • phase out commercial activities that disproportionately contribute to pandemic risk, including activities that involve high-risk species

Back in 2017, there was a major initiative from Innovation, Science and Economic Development Canada to push for mass production of “plant proteins”. For ideological reasons, the Government was trying to phase out meat.

Some participants in the hearings expressed concerns that echoed this.

1. Canadian Federation of Agriculture

However, we write today to express significant concerns with aspects Bill C-293, particularly in its impact on the Canadian animal agriculture sector. While the primary objective of the Bill is pandemic prevention and preparedness, it contains content and language that will adversely affect Canadian farmers and ranchers if passed in its current form. Specifically, we are concerned by the Bill’s language around livestock farming, the promotion of alternative proteins, and the focus on animal agriculture in the context of antimicrobial resistance rather than within the more comprehensive One Health perspective.

Irrelevant focus on alternative proteins, in the context of pandemic preparedness
.
In particular, section 4 (2) (I) of Bill C-293 dissents from the tone and language used throughout other
sections of the Bill and instead, includes language promoting the production and use of alternative proteins and the regulation of animal agriculture, and the phase-out of high-risk species.

2. Christian Farmers Federation of Ontario

Animal Agriculture
Section 4 (2) (l) (ii – iv) directly correlate animal agriculture with increased pandemic risk. These sections further direct the promotion of “alternative proteins,” based on a notion of reduced pandemic risk. This language unfairly represents the risks posed by animal agriculture. These sections of the Bill, as worded, further require drastic action including measures to regulate” animal agriculture and to “phase out…high risk species” in response to this exaggerated notion of risk. These sections should also be removed from the Bill.

Drastic actions, such as those suggested in the current wording of the Bill, in the case of food animals in particular, would result in loss of food supply, economic losses, and increased cost of food, among other effects.

3. Chicken Farmers of Canada

While the majority of the Bill uses overarching language to describe the work of the Advisory Committee on pandemic response (as appointed by the Minister of Health) and the content of their reports, Section 4 (2) (l) is very specific in its intent to promote alternative proteins, regulate animal agriculture and phase out high-risk species.

CFC believes that the basis of this section makes a judgment call that animal agriculture is the cause of pandemics – a notion that is not supported and does not represent the cause of diseases listed in the preamble of the Bill. This premise is tied to the initiative of promoting the production of alternate proteins, which is a specific example not seen elsewhere in the Bill. Initiatives to promote alternative proteins in a Bill on pandemic prevention and preparedness is misplaced and misaligned with the Bill’s objectives. CFC believes that Section 4 (2) (l) is too limiting in its direction and in turn could distract the Advisory Committee from more beneficial areas of work.

4. Canada Mink Breeders Association

1. Remove Clause 2(l)(iii)
(l) after consultation with the Minister of Agriculture and Agri-Food, the Minister of Industry and
provincial governments, provide for measures to
• (iii) promote commercial activities that can help reduce pandemic risk, including the production of alternative proteins

2. Remove Clause 2(l)(iv)
(l) after consultation with the Minister of Agriculture and Agri-food, the Minister of Industry and
provincial governments, provide for measures to
• (iv) phase out commercial activities that disproportionately contribute to pandemic risk, including activities that involve high-risk species

3. Remove Clause 2(m)(ii)
(m) include the following information, to be provided by the Minister of the Environment:
• (ii) a summary of the measures the Minister of the Environment intends to take to reduce the risk that the commercial wildlife trade in Canada and abroad will lead to a pandemic, including measures to regulate or phase out live animal markets

All of these groups raised concerns that social policies would be implemented through the backdoor, under the guise of “pandemic prevention”.

A group called Results Canada took a very different approach. It asked that Bill C-293 be amended to include something called “surge financing”. It appears to be an attempt to trigger easier access to money, in the event of a “pandemic”,

4(2)(n.1) “a summary, to be provided by the Minister of Finance, of the measures the Minister intends to take to support the availability of surge financing, as well as the funding of pandemic preparedness and response by the World Bank, International Monetary Fund, and other relevant international organizations;”

Lisa Barrett, the infamous Nova Scotia doctor who had pushed lockdowns, said that she preferred that the Bill be altered in a way where the “correct” science could be promoted.

Again, it’s not specifically about the bill, but I could link it to the bill.

I think that having pieces of misinformation and disinformation out there like that, particularly around vaccination, is part of the issue. If this bill can actually develop a process where science is promoted, as well as the dissemination of science in a trustful way, we could probably get rid of a lot of those statements. Those are not statements I would support, and I think it’s a demonstration of overt mis- and disinformation from certain individuals. Hopefully, we can get beyond that and maybe there’s some use for a bill like this to promote it.
As with most of these Bills, the devil is in the details. The broad outline provided does nothing to answer specifics regarding food supply. Presumably, there would be regulations made by unelected bureaucrats.

Private Member’s Bills usually go nowhere. But this one is already in the Senate. Where did Nathaniel Erskine-Smith get the idea to introduce this? Who wrote it for him?

Critics fear that entire crops and industries could disappear under the guise of “public safety”. It doesn’t really specify any built-in protections. And with “experts” like Lisa Barrett, it’s not a stretch to think that martial law mandates could return in some form.

What will happen in the Senate?

(1) https://eppc.org/publication/the-whos-pandemic-treaty/
(2) WHO Constitution, Full Document
(3) https://www.who.int/about/governance/constitution
(4) https://www.parl.ca/legisinfo/en/bills?chamber=1&page=3
(5) https://www.parl.ca/legisinfo/en/bill/44-1/c-293
(6) https://www.ourcommons.ca/Members/en/nathaniel-erskine-smith(88687)
(7) https://www.ourcommons.ca/Committees/en/HESA/StudyActivity?studyActivityId=12050235
(8) https://www.ourcommons.ca/Content/Committee/441/HESA/Brief/BR12635892/br-external/CanadianFederationOfAgriculture-e.pdf
(9) https://www.ourcommons.ca/Content/Committee/441/HESA/Brief/BR12644153/br-external/ChristianFarmersFederationOfOntario-e.pdf
(10) https://www.ourcommons.ca/Content/Committee/441/HESA/Brief/BR12473920/br-external/ChickenFarmersOfCanada-e.pdf
(11) https://www.ourcommons.ca/Content/Committee/441/HESA/Brief/BR12461049/br-external/CanadaMinkBreedersAssociation-e.pdf
(12) https://www.ourcommons.ca/Content/Committee/441/HESA/Brief/BR12461107/br-external/ResultsCanada-e.pdf
(13) https://www.ourcommons.ca/DocumentViewer/en/44-1/HESA/meeting-82/evidence

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(11) Bill C-312: Development Of National Renewable Energy Strategy
(12) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(13) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(14) Bill C-373: Removing Religious Exemptions Protecting Against Antisemitism 2.0
(15) Bill C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(17) Bill S-243: Climate Related Finance Act, Banking Acts
(18) Bill S-248: Removing Final Consent For Euthanasia
(19) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(20) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

GAVI Sends New Lobbyist, Cameron Doherty, To Ottawa On Their Behalf

GAVI, the Global Alliance for Vaccines and Immunization, hired yet another lobbyist last year to push their agenda in Ottawa. This is a “Conservative” named Cameron Doherty. He joins Ashton Arsenault, who is still officially registered.

All of these lobbyists seem to come from the same firm, Crestview Strategy. The organization was co-founded by Rob Silver, husband of Katie Telford, Trudeau’s Chief of Staff.

Zakery Blais worked as a staffer for David Lametti, before he was Attorney General.
Jason Clark, former LPC fundraiser, lobbied for GAVI.
Ashton Arsenault is a conservative “strategist”.

For reference, visit the “pharma” page on this site. It’s quite disgusting how prevalent lobbying, and in particular, drug lobbying really is.

On the Federal Lobbying Registry, GAVI describes its work as follows:

Working with Parliamentarians to advocate for support for commitments to vaccines and immunization in the form of policy that recognizes the value of improving global health outcomes, emergency and humanitarian assistance, pharmaceutical innovation, official development financing and poverty reduction.

SOURCE COUNTRY AMOUNT EXPECTED NEXT YEAR?
Global Affairs Canada (GAC) $111,000,000.00 Yes
Government of Australia $82,000,000.00 Yes
Government of Belgium $3,000,000.00 Yes
Government of Brazil $121,000,000.00 Yes
Government of Germany $56,000,000.00 Yes
Government of India $3,000,000.00 Yes
Government of Ireland $5,000,000.00 Yes
Government of Japan $179,000,000.00 Yes
Government of Norway $111,000,000.00 Yes
Government of Saudi Arabia $41,000,000.00 Yes
Government of Scotland $1,000,000.00 Yes
Government of Sweden $32,000,000.00 Yes
Government of the United Kingdom $311,000,000.00 Yes
Qatar $2,000,000.00 Yes

It’s hardly just Ottawa that funds GAVI. Governments all over the world fund it with taxpayer money. How much more will Doherty cause to be sent abroad?

On October 16th, 2023, he met with:

  • Matthew Trnkus, Senior Advisor | Global Affairs Canada (GAC)

On October 17th, 2023, he met with:

  • Jwane Izzetpanah, Manager, Stakeholder Relations | House of Commons
  • Oz Jungic, Senior Policy Advisor | Prime Minister’s Office (PMO)
  • Darren Hall, Policy Advisor | House of Commons
  • Christina Lynch, Director of Operations | Privy Council Office (PCO)
  • Nisara Jiwani, Senior Analyst | Privy Council Office (PCO)

On October 18th, 2023, he met with:

  • Ali Ehsassi, Member of Parliament | House of Commons
  • Heather McPherson, Member of Parliament | House of Commons
  • Mike Lake, Member of Parliament | House of Commons

This is just the information that’s “on the books”. There could very easily be more that isn’t disclosed to the public.

On his LinkedIn page, Doherty lists himself as having completed internships both with the Ontario Conservatives (2020), and the Conservative Party of Canada (2021). Presumably, he’s well “educated” in the need for mass vaccinating the public.

This is consistent with the behaviour in this field. A person will have a short stint with a political party (or a few of them) and then go in to lobbying. Those connections will then be used in order to influence the decision making of “governments”.

All Parties Involved With “Influence Peddling” In Ottawa

As an aside, Jagmeet Singh, NDP chief, was recently in the news for all the wrong reasons. His brother Gurratan Singh, was exposed as being a lobbyist for Metro, a competitor of Loblaws.

All parties are involved with lobbying, which means they all have special interest groups determining what their policies will be. “Mr. Fire Your Lobbyist” seems to be okay with the drug peddling that goes on, but decides to call out the grocery store influence.

CPC, NDP Both Took Trudeau Bailout Money In 2020

This reaches back to 2020, but both the Conservative Party of Canada and the New Democratic Party received CEWS. This is the Canada Emergency Wage Subsidy, a bailout program run by the C.R.A. in 2020 and 2021. Ever wonder why “opponents” always seem to agree on so much?

It’s almost as if they’re all in it together.

(1) https://crestviewstrategy.com/our-team/cameron-doherty/
(2) https://www.cbc.ca/news/politics/rob-silver-leaves-crestview-citing-wife-s-job-as-trudeau-chief-of-staff-1.3389152
(3) https://www.linkedin.com/in/cddoh/details/experience/
(4) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=374457&regId=957001
(5) https://nationalpost.com/opinion/poilievre-accuses-singh-of-picking-on-loblaw-stores-because-brother-works-for-competitor
(6) https://crestviewstrategy.com/our-team/gurratan-singh/
(7) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/dsplyBscSrch?request_locale=en

Diagolon And The Company They Keep: GDL

Sometimes, even when people say some of the right things, you have to wonder if they really have your interests at heart. In their recent “Road Rage Terror Tour”, Diagolon cross-promoted a group called the GDL, or Goyim Defense League, based in the United States.

In the above photo, Derek (Rants) Harrison sports a Goyim TV cap.

Elsewhere in the series:

Parts 1, 2, 3, 4, 5 of the Schill gun grab are here.
Parts 1, 2, 3, 4 of the HateGate scam are available as well.

Considering that Diagolon is “just a meme” and just a joke “based around a podcast community”, it’s rather interesting to promote this group. The GDL has an online platform called Goyim TV.

The GDL’s efforts can accurately be described as “agitation”. Yes, they say a lot of truthful things about foreign influence of the West. However, they conduct themselves in such a way, it seems designed to prevent the masses from taking them seriously.

And that would fit MacKenzie, Harrison, Vriend, etc… to a “T”. Yes, they also address difficult truths on their streams. However, they also say and do a lot of idiotic things. Given how strict hate laws are in this country, it’s interesting that none of them have been charged over it. MacKenzie had all his previous charges disappear, despite being so “persecuted”.

Adam Green, who has streamed with MacKenzie and Harrison, claims to have founded the Goyim Defense League, and to be selling their merchandise.

When trying to persuade people, appearance and presentation do matter a great deal. One cannot be taken seriously if they are loud, abusive, or come across as bullies. These groups present themselves as being almost cartoonish. Is this being done intentionally?

How To Provoke A Backlash, Creating New Censorship Laws

What’s employed here is the classic strategy of: (1) problem; (2) reaction; (3) solution.

(1) Problem – Groups like Diagolon or the GDL go around harassing and/or intimidating people. In the above case, this was a “protest” outside Disney, where children frequent. Minadeo is to the left in the photo.

(2) Reaction – There’s confusion and dismay about what’s going on. Most people just trying to go about their lives probably don’t want to see this.

(3) Solution – The public demands (or is perceived to demand) stronger penalties and consequences for so-called hate crimes and intimidation.

Goyim Defense League, Florida House Bill 269

Recently, Jon Minadeo, head of Goyim TV, left California for Florida, to continue his “activism“. And what was the result of that? New legislation popped up shortly afterwards.

Considering Florida Governor Ron DeSantis’ love for Israel, this cannot be surprising in the slightest. He has even gone abroad to sign legislation that limits free speech.

Public Nuisances: Prohibits person from distributing onto private property any material for purpose of intimidating or threatening owner, resident, or invitee; prohibits person from willfully & maliciously harassing, threatening, or intimidating another person based on person’s wearing or displaying of any indicia relating to any religious or ethnic heritage; requires violations be reported as hate crimes; prohibits display or projection of images onto building, structure, or property without permission; prohibits person who willfully enters campus of state university or Florida College System institution for purpose of threatening or intimidating another person from remaining on such campus after being warned to depart.

To be clear: HB 269 REQUIRES that such acts be reported as hate crimes.

Even a quick search of GDL will flag interesting results. They include protesting outside a Synagogue. While people are free to express their views, the overall conduct seems calculated to cause resentment.

Need a hate-speech Bill passed? Send in these idiots to stir up trouble. Soon enough, the public will be demanding a response. See how easy that is?

Diagolon, Canada Bill C-63 (Online Harms Act)

Recently, this site covered Bill C-63, the Online Harms Act, and the consequences it will have for free speech in Canada. It appears both CIJA and NCCM, the Israeli and Islamic lobbies, have been supportive of this.

This Bill would allow Courts to impose orders on people they suspect might commit harmful acts. Not charged or convicted. Suspicion would be enough to see a Judge. These restrictions may include:

(a) Wearing an electronic monitoring device
(b) Return to and remain at their place of residence at specified times, a.k.a. a curfew
(c) Abstaining from drugs and alcohol
(d) Submitting to drug and alcohol testing
(e) No contact orders
(f) Weapons prohibitions

Yes, this Bill needs to be stopped.

However, how is any of this productive? The public won’t be interested in protecting Vriend’s ability to laugh at tigers killing Indians. There’s no will to protect MacKenzie’s rape “jokes”. Seeing these clowns operate, it seems more likely the public would support some level of restricting their expression.

Above are just a few of their clips. Pretty hard for people to take them seriously when they’re making comments like these. Clownish and goofy.

And done intentionally.

For all MacKenzie and Vriend whine about their “meme” group being taken seriously in Ottawa, this is the logical outcome: using it as an excuse to crack down on free speech. Then there’s this:

The internet in Canada is under attack by the Trudeau government — again. The Online Harms Act, Bill C-63 violates our charter rights and would give the government ultimate authority to fine, silence, and criminalize Canadians for freely expressing themselves. If you want to keep your free speech in Canada, then email your members of Parliament right now and demand that they do everything in their power to STOP Bill C-63.

This site was recently set up by Greg Wycliffe, promoting the dangers of Bill C-63. Wycliffe also set up a GiveSendGo (or GSG) account, asking for $50,000. This is done under the pretext of protecting free speech rights in Canada.

By itself, this seems fine, and a good way to get the point across. And although it’s unclear what the $50,000 would be needed for, people can ask for money to finance activism.

Where things get interesting is that Wycliffe pushes the bogus narrative that the Emergencies Act was invoked because of a meme. He claims the RCMP decided to frame MacKenzie, because reasons…. He opposes Bill C-63, yet apparently supports the people who ensure that it will get passed. He’s silent on the obvious agitation.

This may be why Diagolon and the GDL are connected. They seem to have the same goals.

FLORIDA HOUSE BILL 269:
(1) https://www.myfloridahouse.gov/
(2) https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=76984
(3) https://www.change.org/p/stop-house-bill-269-in-florida
(4) https://www.youtube.com/watch?v=C0FaUaZNt70
(5) https://x.com/jnewsgabe/status/1597348747851153409
(6) https://www.nbcnews.com/news/us-news/neo-nazi-groups-spew-hate-disney-world-orlando-officials-say-rcna103186
(7) https://www.wsmv.com/2024/07/17/nashville-synagogue-calls-police-after-neo-nazi-group-shows-up/
(8) https://www.nbcnews.com/politics/2024-election/ron-desantis-signs-bill-combat-hate-crimes-israel-rcna81799

CANADA BILL C-63:
(1) https://www.canada.ca/en/canadian-heritage/services/online-harms.html
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-63
(3) https://www.ourcommons.ca/Members/en/arif-virani(88910)
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-63/first-reading
(5) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch?searchCommand=navigate&time=1709098767406
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=584229
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=111&regId=937469
(8) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=594289
(9) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=358918&regId=946132
(10) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=362688&regId=941750
(11) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=377298&regId=947241
(12) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=375749&regId=944913

(1) https://savefreespeech.ca/
(2) https://www.givesendgo.com/savefreespeech?amp;utm_medium=copy_link&utm_campaign=savefreespeech

HateGate, Part 4: A Look At Hategan’s Book “Race Traitor”

This continues the series on “HateGate”. This is the fake scandal which supposedly showed that the Emergencies Act was invoked because of a meme. More broadly, this ongoing series covers Diagolon, the fed honeypot used as an intelligence gathering operation.

Parts 1, 2, 3, 4 and 5 of the Schill gun grab are here.
Parts 1, 2 and 3 of the HateGate scam are available as well.

Followers of this cult repeat the talking point that the group was “vindicated” by the HateGate Report. This was the 85 page document from Caryma Sa’d and Elisa Hategan. The short version is that the RCMP, CSIS and Government relied on speculative reporting (such as from the Canadian Anti-Hate Network), and wrongly sounded the alarm.

Aside from the fact that the “smoking gun” 1,082 page FOIPIP package doesn’t support this, there’s a lot of background information missing about the story.

Turns out that Hategan, one of the co-authors of the HateGate Report wrote a book years back called Race Traitor. She’s also posted about her desire to lock up “racists“. It’s a little bizarre that she would work to clear people who despise her for being Jewish and a lesbian.

Hategan talks at length about her time with “Heritage Front”, which was a prominent neo-Nazi group back in the 1980’s and 1990’s. She was involved with it as a teenager, even committing illegal acts. She also writes about how one of the co-founders, Grant Bristow, in fact worked for CSIS. As it turns out, CSIS was largely responsible for creating, financing and growing it.

And why? To act as a honeypot to identify and gain intelligence about whites concerned about demographic changes.

The parallels between Heritage Front and Diagolon are striking. Despite this, Sa’d and Hategan go out of their way to avoid asking the obvious question: is Diagolon just another operation?

Summary Of Hategan’s Book: Race Traitor

Hategan’s book is available online. Unsurprisingly, it’s a biography, told in first person. To avoid any frivolous claims of copyright infringement, the text won’t be included. However, here are some of the more interesting sections, with page numbers.

(Page 5) The Prologue starts. Hategan is quite open and upfront that Heritage Front was in fact created and partially funded by CSIS, and that Grant Bristow was a CSIS agent. She also testified in Court about several of the members.

(Page 48) Hategan gets into details about recruitment of Heritage Front, and about how its goals included preventing what was already underway in Europe with illegals invading.

(Page 92) Hategan has discussions about the books: (a) The Turner Diaries; and (b) Day of the Rope. Incidently, those books are also promoted by Jeremy MacKenzie and Diagolon.

(Page 110) Hategan talks about going to rallies with Heritage Front. She also acknowledges that media attention helped make the group a household name. Didn’t the same thing happen with MacKenzie and Diagolon?

(Page 124) Hategan talks about efforts to infiltrate the Reform Party, led by Preston Manning at the time. Interestingly, the same claim is made today about Poilievre and Bernier’s organizations. Hategan admits that had Bristow been charged then, a lot of people wouldn’t have been harassed.

(Page 131) Hategan goes into detail about surveillance and intelligence gathering methods used by Heritage Front. These included:

  • Cracking answering machine passwords
  • Using phone books and pretext phone calls to get addresses
  • Impersonating the targets
  • Impersonating journalists
  • Attending rallies in disguise
  • Using utility records and voting registries to get addresses
  • General stalking

Now, considering Diagolon’s “Road Rage Terror Tour” over the summer, can one see how it might be used to gather information on supporters?

(Page 161) Hategan talks about a complaint filed with the Human Rights Commission, which was designed to shut down the “Heritage Hotline” that had been in operation.

(Page 191) Hategan talks about the names and addresses of members that she’d handed over to authorities. She also laments that she picked up an additional criminal charge — s.319 (inciting hate). While rich “Nazis” would be able to delay Court matters for years, she’d have to answer for it.

(Page 210) Hategan was now gathering intelligence on international “hate groups”, all of which she would be turning over to authorities.

(Page 248) Hategan talks about being the star witness for the Canadian Human Rights Commission in their case against Heritage Front.

(Page 306) Hategan claims that the Government essentially whitewashed the operation, including the full scale of what Grant Bristow had been involved with. Bristow’s conduct amounted to harassment, intimidation, threatening and stalking of activists. He wasn’t charged with any of it.

There’s also a lot of personal backstory included, some of it relevant.

This is by no means the complete book, just some of the highlights. Hategan also comes across as very bitter that Bristow was placed in witness protection, while she was not. She reasons that her testimony directly led to people being locked up, while he didn’t.

In any event, this took up years of Hategan’s life. It’s inconceivable that she wasn’t aware (or at least very suspicious) of the rise of MacKenzie and Diagolon. There are simply too many parallels.

While it’s true that “podcast culture” wasn’t a thing in the 1990’s, the tactics used then eerily resemble what’s been going on today.

They All Had To Have Known Ahead Of Time

Back in January 2021, Hategan posted on Twitter some biographical information. An even earlier post (2017) has her bragging about “sending racists to jail”.

Even further back, in 2020, Hategan posted on Twitter that she had directly caused 3 white supremacists to go to jail. She also published that she had produced some 30 Affidavits for the police (actually, the Ontario Provincial Police) to help them with gun related crime.

Hategan had a “continuous relationship with law enforcement”.

Isn’t that what Jeremy MacKenzie stated he was interested in having?

So, why were there no questions about the HateGate Report that she co-authored? In fact, she’s claimed several times to have been the main author of it. Why then, would Diagolon members be celebrating the work of a police informant who would have them locked up for their views?

As an aside, Hategan threatened to sue Derek (Rants) Harrison over him including her in his (satire?) book called “Meme Kampf”. One would think that this would cause him to look a bit deeper into the people who supposedly “cleared” his organization. But apparently not. It takes effort to be this uninterested in the truth.

When the Report was released in September 2023, Hategan posted this online. While promoting this book, she quite openly stated that CSIS played a large role in creating Heritage Front.

One then has to ask the obvious question: why downplay or minimize the obvious connection that Diagolon could also be a Government honeypot? If it was done once, who says it couldn’t be again?

Misrepresenting Content Of 1,082 Page FOIPIP

Ever wonder why this “smoking gun” FOIPIP package is never released? Hategan bragged about how this was real investigative journalism. This was supposed to be the proof of gross police incompetence and coverup, remember?

Most likely, it’s because the full package doesn’t support their conclusions. Instead, a few cherry-picked emails are used as the basis of this conspiracy.

The FOIPIP request didn’t act for all records related “to the invocation of the Emergencies Act”. It just asked for records on Diagolon itself. From there, Sa’d and Hategan made the assumption that this was a complete record of everything that transpired.

So-called alternative media such as Viva Frei and Harrison Faulkner apparently never bothered to do any digging into the story. If they had, they’d have uncovered all kinds of holes. But it’s not just the mainstream press that can’t be trusted.

Questions for “Diagolon” members:

(1) Does it concern you at all that the primary author of the HateGate Report was a law enforcement asset? She cooperated with police over a long period of time.

(2) Does it concern you she was working for a CSIS honeypot?

(3) Are you at concerned about the reliability of your HateGate Report, considering Hategan has publicly stated that she wants to see racists jailed? And by “racists”, she means the kind of people who tune in to see the Raging Dissident.

(4) Does it concern you that Hategan would write a book outlining all this information, and people either never knew, or never cared?

(5) Do any of the parallels between Heritage Front and Diagolon alarm you?

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

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

Rickard/Harrison Claim Seriously Defective, Will Never Get To Trial

The Federal Government has filed a Motion to Strike the 2023 lawsuit from Shaun Rickard and Karl Harrison.

See parts 1, 2 and 3 in the series so far.

For context, they previously filed an Application challenging the Interim Orders which mandated the injection pass to travel on trains or airplanes. 3 other Applications were filed with near exact circumstances, and for simplicity, were to be heard together. There was an impressive compilation of 23 Affidavits and 15 export reports included as evidence.

But before the cases could be heard, the Government brought a Motion to strike the 4 Applications for “mootness”. In essence, this is the idea that there is no longer a live issue to try. Since the travel mandates, weren’t in effect currently, the Government argued it was a waste of time and money. Apparently, no one was seeking damages.

Justice Jocelyne Gagné granted the Motion and threw the cases out, despite pleas to hear them anyway. Applicants were concerned that mandates could come back at a later time.

However, Justice Gagné did “throw a bone” to the Applicants. She stated in the ruling that if any of them had damages to recover, they could file a Claim and do so. Although not explicitly stated, presumably the ad hoc challenges to the mandates could still go on.

Instead of filing Claims and asking for damages, lawyers for all 4 Applications appealed. It was never made clear what possessed them to do it.

After screwing up at the Federal Court of Appeal — and this will be addressed later — most of the Applicants tried to go to the Supreme Court of Canada. They lost. Rickard and Harrison finally decided after the first Appeal to file a Claim. This is what the article will address.

The Rickard/Harrison suit is very poorly written, and likely to be struck for a series of procedural defects. It’s hard to believe they were represented by counsel.

A Necessary Disclaimer

To address the obvious: in no way, shape or form is this meant to excuse or justify “injection mandates”, whether for travel, or general livelihood. That being said, we need to be realistic about this case. It’s going nowhere.

While the original 4 Applications were struck as “moot”, this case has its own problems that will most likely see its demise.

Brief History On These Cases

December 2021: The Rickard/Harrison Application is filed. (T-1991-21)

January 2022: The Naoum Application is filed. (T-145-22)

January 2022: The Peckford Application is filed. (T-168-22)

February 2022: The Bernier Application is filed (T-247-22)

Eventually, the Court decides that all cases will be heard together, in order to save time and expense. This happens fairly often. Over the next several months, some 6,650 pages of evidence would be amassed. This would include 23 Affidavits and 15 expert reports.

Before the case can be heard, however, the Government brings Motions to strike the Applications on the basis of “mootness”. At this point, there were no mandates in effect, and no one had damages to claim. It’s a preemptive effort to derail the case.

October 2022: All 4 Applications are struck as “moot” by Justice Gagné.

November 2022: Notices of Appeal are filed against the striking of the Applications.

A-251-22 (Peckford)
A-252-22 (Rickard/Harrison)
A-253-22 (Bernier)
A-254-22 (Naoum)

November 2023: Federal Court of Appeal dismisses Appeals of all 4 Applications.

This is where Rickard/Harrison diverge from the others. They will file a Statement of Claim very shortly, while the others will attempt to get leave to go to the Supreme Court.

SCC File #41082 (Peckford)
SCC File #41081 (Bernier)
SCC File #41100 (Naoun)

November 2023: Rickard/Harrison filed Statement of Claim in Federal Court. (T-2536-23)

December 2023: The Government files Notice of Intent to Respond

June 2024: Rickard/Harrison file amended Statement of Claim.

July 2024: The Government files Notice of Motion against Rickard/Harrison, indicating they want the Claim struck. Despite its short length, there are many problems.

August 2024: Applications for Leave (permission) to go to Supreme Court of Canada are dismissed for Peckford, Bernier, Naoun

Rickard and Harrison decided to go their own way. What then are the issues with the Claim that they filed?

1. Claim Doesn’t Actually Challenge Mandates Themselves

The previous Applications from Rickard/Harrison, Bernier, Peckford and Naoun all challenged that mandates themselves, which required the “injection passport” in order to take a plane or a train. They asked for “Declaratory Relief”, which is a ruling from a Judge that something is illegal.

However, looking at the Statement of Claim, it demands: (a) $1,000,000 in damages; (b) costs of the lawsuit; and (c) “other such relief”. That’s it. They’re not asking the Court to make Declarations of any sort, or challenge the constitutionality of these Interim Orders.

So, what then is the purpose here?

Even assuming that a Judge finds that Charter damages are warranted, it doesn’t mean that the mandates themselves (or any part of it) will be prohibited from being reinstated later.

2. Failure To Plead Necessary Material Facts

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.

This is from Section 174 of the Federal Court Rules.

In the November 2022 version of the Statement of Claim, the lawyer who drafted the case pleaded no facts whatsoever about the circumstances of Rickard and Harrison. There was no information provided on which to base a reply. From the perspective of due process, this is bad, as the Defendants are entitled to know what the allegations they must defend against.

To be fair, the Claim was amended in June 2023. It provided some, but not really enough information to reply to. Pretty pathetic that the case just sat in limbo for months.

3. Failure To Plead Necessary Particulars

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.

This is also from the Federal Court Rules.

The Statement of Claim (and the amended version) both make allegations of bad faith, abuse of office, and deceit. In these instances, there’s an additional requirement to plead particulars. This is also referred to as “particularizing a Claim”. What this means is that extra detail and information must be provided. There can be no doubt as to what Defendants are being accused of: who, what, where, when….

What’s been pleaded here seems to fall short.

For these kinds of cases, facts and particulars must be included. In Ontario, for example, pleading facts (s.25.06(1)) and particulars (s.25.06(8)) is outlined in their Rules of Civil Procedure. It’s similar everywhere.

4. Failure To Properly Plead s.6 (Mobility) Charter Breaches

Mobility of citizens
6 (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
.
(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.

This comes across as pedantic, but there are several errors with how this part of the Claim is written, and it’s addressed in the Notice of Motion.

First, Rickard and Harrison don’t actually plead that they are Canadian citizens. Apparently they are, but it needs to be included in the Claim. It wasn’t in either the original or amended version.

Second, Rickard and Harrison don’t plead that they were prevented from entering or leaving Canada. But to be fair, it becomes practically impossible to leave (outside the U.S.) without an airplane. This portion of the Claim needs to be explained better.

Third, Rickard and Harrison don’t plead that they were prevented either from residing in any province, or gaining a livelihood.

Fourth, since Rickard and Harrison only referenced air travel in their Statement of Claim, restrictions on trains wouldn’t be an issue for the Court to consider.

Theoretically, a breach of s.6(1) is doable in a challenge. While s.6(2) doesn’t seem to apply, they could argue that they had their only practical means of leaving the country removed, absent taking the shots.

5. Failure To Properly Plead s.7 (Security) Charter Breaches

Life, liberty and security of person
7 Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

This isn’t to justify the mandates, but Rickard and Harrison need to be realistic. S.7 challenges that dealt with this exact issue have been filed (and thrown out) across the country. They weren’t forced to take the injections, but had their ability to travel serious hampered.

Again, this isn’t to excuse the practice, but this challenge offers nothing new. Even if it did, the Claim is so poorly drafted that a Judge may not take it seriously.

6. Failure To Properly Plead s.15 (Equality) Charter Breaches

Equality before and under law and equal protection and benefit of law
15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

The areas that are specifically listed in Section 15(1) of the Charter are referred to as enumerated grounds. In addition, Courts have recognized others, known as analogous grounds.

Enumerated Grounds:

  • Race
  • National or ethnic origin
  • Colour
  • Religion
  • Sex
  • Age
  • Mental or Physical Disability

Analogous Grounds:

  • Sexual Orientation
  • Marital Status
  • Off-Reserve Aboriginal Status
  • Citizenship
  • Income

Many seem to think that Section 15 encompasses equality under and and all categories. It does not. In reality, it’s extremely limited. There’s nothing here which could be construed as “vaccination or medical status”. It isn’t even a new or novel challenge, and has been rejected countless times already.

Note: again, this isn’t in any way to defend the coercive injection mandates, but to point out that the Charter isn’t the solution people think it is. Rickard and Harrison appear to have been very poorly advised.

The End For Rickard/Harrison Challenge?

The Motion brought by the Government does concede that there may be a possible path forward with regards to the s.6 (mobility) challenge. Sections 7 and 15 are basically dead in the water, especially considering the litany of rulings on these exact issues.

However, the performance of their legal team has thus far been underwhelming.

Aside from those 3 provisions in the Charter, Rickard and Harrison don’t plead any other grounds. If these fail, then that’s the end.

Since they’re not even asking for declaratory relief anymore — challenging the travel restrictions in principle — then it’s unclear what purpose the 6,650 pages (Affidavits and expert reports) will serve.

To be honest though, the Plaintiffs may wish to retain more competent counsel.

After appealing Justice Gagné’s 2022 ruling, when the case could have simply been refiled as an Action, this is the result. We get a short, poorly written Claim that pleads very little of the necessary information. It’s amended later, but still falls far short of what’s needed.

While it would be nice to see a ruling that firmly condemns the “injection travel mandates”, it seems very unlikely that this is it.

Why Keep Covering The “Freedom Lawyers”?

All too often, these “freedom” challenges fail spectacularly. There are always theories about why this is happening: (a) the system is corrupt; (b) the Judge is bribed and/or threatened; (c) the lawyers are retarded; (d) the Charter is worthless, and so on.

However, a much less talked about concern is that the challenges brought forward are regularly complete trash. They’re filed too late, filed in the wrong court, or the wrong paperwork is done. There have been several cases of unionized workers who were advised to sue — as opposed to seeking arbitration — and predictably, those are thrown out for lack of jurisdiction. In countless other instances, the pleadings are drafted so poorly that there’s no prospect of advancing to Trial. There are many different excuses.

In these exact challenges, lawyers APPEALED a decision from Justice Gagné, when they could simply have REFILED the case as an Action. It’s Action4Canada all over again.

Aside from Rickard and Harrison, the other Applicants appealed for a second time (sought Leave at the Supreme Court of Canada) instead of refiling as a Claim.

Why does this continue to happen?

We’ve seen that Governments across Canada bribe the media to promote the “pandemic” narrative. This happens both with direct subsidies and advertising. Taxpayer money is used to finance and subsidize the “scientists” who call for more lockdown measures. Other subsidies are used to prop up businesses who implement mandates. Heck, Trudeau even gave bailout money (CEWS) to his political “opponents”. See above.

For reference: Conservative Fund is the fundraising branch of the Conservative Party of Canada. United Conservative Association is the similar arm of the Conservatives in Alberta. And yes, both the Federal Liberals and New Democrats also took the money.

There is a pretty obvious explanation of why these cases are handled so poorly. However, this site does not engage in kooky conspiracy theories.

FEDERAL COURT APPLICATIONS STRUCK:
(1) https://www.canlii.org/en/ca/fct/doc/2022/2022fc1463/2022fc1463.html

FEDERAL COURT OF APPEAL RULING:
(1) https://www.canlii.org/en/ca/fca/doc/2023/2023fca219/2023fca219.html
(2) Travel Mandates Appeal Bernier Memorandum
(3) Travel Mandates Appeal Peckford Memorandum
(4) Travel Mandates Appeal Rickard-Harrison Memorandum
(5) Travel Mandates Appeal Respondents Memorandum

SUPREME COURT OF CANADA APPLICATIONS FOR LEAVE:
(1) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80713/2024canlii80713.html (Bernier)
(2) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80711/2024canlii80711.html (Peckford)
(3) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80702/2024canlii80702.html (Naoum)

RICKARD/HARRISON STATEMENT OF CLAIM:
(1) Rickard T-2536-23 Statement Of Claim
(2) Rickard T-2536-23 Notice Of Intent To Respond
(3) Rickard T-2536-23 Amended Statement Of Claim
(4) Rickard T-2536-23 Notice Of Motion

STANDARD OF REVIEW:
(1) https://www.canlii.org/en/ca/scc/doc/2002/2002scc33/2002scc33.html
(2) Housen (Highlighted)

Federal “Injection Travel Mandate” Cases: Why Appeal When They Could Have Been Fixed?

This is yet another instance of “alternative” media not telling the whole story.

Recently, the news broke that 3 Applications for Leave to the Supreme Court of Canada had been denied. These were attempts at secondary Appeals for Peckford, Bernier and Naoum, challenging the “travel mandates” and the requirement to take the shots in order to travel.

There was actually a 4th Application grouped together, but those litigants have since filed a Statement of Claim instead. The other 3 chose to take the above route.

For context, the 4 related Applications were filed in late 2021 and into 2022. Because they covered essentially the same subject matter, they would be heard together.

  • T-145-22: Nabil Ben Naoum
  • T-247-22: Maxime Bernier
  • T-1991-21: Shaun Rickard, Karl Harrison
  • T-168-22: Brian Peckford, Leesha Nikkanen, Ken Baigent, Drew Belobaba, Natalie Grcic, Aedan MacDonald

To make a very long story short: it didn’t have to be this way.

The Federal Court ruled in October 2022 that the 4 cases were “moot”, meaning there was no active issue to try. Since mandates were no longer in effect, all that was sought was declaratory relief. This was in spite of talk that injection mandates could return at some point.

Now the Applicants could have taken another path, and commenced Actions (and filed Claims). This was made clear to them.

Rather than do this, they all chose to appeal the mootness ruling.

They appealed, instead of taking the easier path to fix their case.

Basically, this is Action4Canada 2.0

Action4Canada Case V.S. Travel Mandates Case

Consider 2 high profile cases in recent years.

(Case #1) Back in August 2022, the Action4Canada case (filed in Vancouver) was struck as “bad beyond argument“. This 391 page monster failed to follow even the basics of Civil Procedure. It was incoherent, and asked for all kinds of remedies outside the jurisdiction of a Civil Court. However, Justice Alan Ross did allow an amended Notice of Civil Claim to be filed.

Instead of filing a proper Claim, the ruling was appealed instead. They lost.

(Case #2) Back in October 2022, the Federal Court struck 4 Applications to Federal injection mandates for travel for “mootness”. Justice Jocelyne Gagné made a discretionary finding that there was no live issue to try, since the mandates were no longer in effect. However, Justice Gagné, and Associate Justice Tabib, had remarked that if there were damages, then these cases could proceed as Actions. Of course, this would involve filing Statements of Claim.

Instead of filing Actions, ALL of the Applicants appealed.

Following this, they (other than Rickard and Harrison) attempted to appeal again.

The Action4Canada and travel mandate cases share a common thread. Although the circumstances differed, all were given the option to correct the flaws in their pleadings. Instead, each of them chose to appeal.

Filing Actions V.S. Filing Judicial Reviews

JURISDICTION ACTION JUDICIAL REVIEW STEPS TAKEN
Federal Statement Of Claim Application Motion
Ontario Statement Of Claim Application Motion
British Columbia Notice Of Civil Claim Petition Application

Although the names vary somewhat, there are normally a few different ways to commence legal action.

The most common way is with an Action, and it involves filing a Statement of Claim, or some similar document. These can be very simple cases, or they can be very complex and tedious.

A lesser known and understood method is by Judicial Review. In essence, it’s the challenging of some sort of decision or order made by some Government official. Despite how it’s often used, the idea is to challenge simple rulings, such as licences being denied, or funding not being received. It’s typically a much more streamlined process than Actions.

There is overlap between them, and the circumstances of each case determines which would be appropriate.

Why does this matter? Because the Federal Court left open the possibility for these litigants to refile their grievances as Actions, and ask for damages. Instead, they appealed, because …. reasons.

Rickard and Harrison were quite aware of this, as their 2022 Motion indicates. So when the Applications were struck, they could have refiled, but as Actions. They appealed, because …. reasons.

Justices Tabib & Gagné Stated That Case Could Proceed As An Action

True, at an earlier Motion, Associate Justice Tabib did dismiss a Motion that would have allowed the Rickard/Harrison Application to be converted into an Action. Yes, the original pleading wasn’t permitted to be amended to include damages.

Yes, Justice Gagné did strike the Applications as being “moot”. Since no one (apparently) sought damages in their Application, and the travel mandates were lifted, there apparently wasn’t a “live” issue to try.

However, consider what was actually written in the October 2022 decision.

[41] As stated above, these proceedings will have no practical effect on the rights of the Applicants. They have obtained the full relief available to them and a decision of the remaining declaratory relief would provide them no practical utility. If they suffered damages as a result of these IOs/MO being in force, they would have to bring an action against the Crown and have their respective rights assessed in light of all the relevant facts.

This is from the ruling, and is pretty clear. If there were damages suffered, then the case should be brought as an Action, not an Application.

Standard For Review: Housen v. Nikolaisen, 2002 SCC 33

After the 4 Applications were declared “moot” in the Fall of 2022, the Applicants could have converted them into Actions, and filed Statement of Claim for each (or one for everyone). Appealing made no sense, especially when looking at the “Standard of Review“. See highlighted version.

What this means is that different standards are applied, depending on whether someone is challenging a: (a) finding of fact; (b) application of or findings of the law; or (c) a discretionary act by a Judge.

Findings of fact: standard of review is “overriding palpable error”
Findings of law: standard of review is correctness
Exercises of discretion: standard of review is “overriding palpable error”

The standard of review for findings of fact is such that they cannot be reversed unless the trial judge has made a “palpable and overriding error”. A palpable error is one that is plainly seen. The reasons for deferring to a trial judge’s findings of fact can be grouped into three basic principles. First, given the scarcity of judicial resources, setting limits on the scope of judicial review in turn limits the number, length and cost of appeals. Secondly, the principle of deference promotes the autonomy and integrity of the trial proceedings. Finally, this principle recognizes the expertise of trial judges and their advantageous position to make factual findings, owing to their extensive exposure to the evidence and the benefit of hearing the testimony viva voce. The same degree of deference must be paid to inferences of fact, since many of the reasons for showing deference to the factual findings of the trial judge apply equally to all factual conclusions. The standard of review for inferences of fact is not to verify that the inference can reasonably be supported by the findings of fact of the trial judge, but whether the trial judge made a palpable and overriding error in coming to a factual conclusion based on accepted facts, a stricter standard. Making a factual conclusion of any kind is inextricably linked with assigning weight to evidence, and thus attracts a deferential standard of review. If there is no palpable and overriding error with respect to the underlying facts that the trial judge relies on to draw the inference, then it is only where the inference-drawing process itself is palpably in error that an appellate court can interfere with the factual conclusion.

A. Standard of Review for Questions of Law
.
On a pure question of law, the basic rule with respect to the review of a trial judge’s findings is that an appellate court is free to replace the opinion of the trial judge with its own. Thus the standard of review on a question of law is that of correctness: Kerans, supra, at p. 90.

There are at least two underlying reasons for employing a correctness standard to matters of law. First, the principle of universality requires appellate courts to ensure that the same legal rules are applied in similar situations. The importance of this principle was recognized by this Court in Woods Manufacturing Co. v. The King, [1951] S.C.R. 504, at p. 515:

Justice Gagné “exercised her discretion” to find that the 4 Applications were moot. In other words, she simply decided that the cases weren’t worth hearing. Now, why does it matter that she used her discretion?

As it turned out, the Appellants argued the wrong test. 2 of them thought it was “correctness”, and the other 2 didn’t specify what they wanted.

Appealing a “discretionary” order is damn near impossible. It’s not enough to say that someone can come to a different conclusion. It must be demonstrated that the Judge’s use of that discretion contained outright error. It’s a much higher standard than correctness.

The Appellants also tried arguing the merits of their cases. However, the only issue to be decided was whether Justice Gagné committed “overriding palpable error” by finding the cases to be moot. It seems that the lawyers don’t understand the purpose of appealing.

Considering that the Applicants could have simply refiled their cases as Actions, it’s baffling why they would do this.

Bernier, Peckford, Naoum Launch SECOND Appeal

The majority of these litigants apparently weren’t satisfied losing once in Appellate Court. They decided to try again with the Supreme Court of Canada. Remember, the goal here was to get the finding of “mootness” overturned. They (still) could have filed Actions — as they were advised — but appealed again, because …. reasons.

Not even “Mr. Bad Beyond Argument” attempted a second Appeal with Action4Canada.

“Applying for Leave” is a term that means asking for permission. The SCC doesn’t hear cases from all interested parties. Instead, it picks and chooses what it finds to be important. In fact, most Applications are denied.

Rickard and Harrison, to their credit, did finally make the right choice. However, their Claim has serious issues that will be addressed in a bit.

Bernier, Peckford, Naoum Likely Time Barred At This Point

Even if the above litigants wanted to refile their cases as Actions, it’s likely too late. For most things, the Statute of Limitations is 2 years. As we are now at the end of August 2024, it’s very unlikely that there would be any recent damages they could claim.

To sound like a broken record: they could have done this back in October 2022.

Rickard/Harrison Claim Not Properly Pleaded

Even though Rickard and Harrison are pursuing a Claim, they aren’t out of the woods yet. The pleading is Galati-level bad in terms of its quality.

The Claim is very bare-bones in terms of detail. A Judge might find that there aren’t sufficient facts pleaded. In fairness, the amended version fixes some of it.

Considering that there are allegations of “bad faith”, there’s a requirement to give full particulars, which hasn’t been done.

The Claim pleads breaches of s.6 (mobility), s.7 (security) and s.15 (equality) Charter Rights. However, none of them are properly pleaded. They don’t even specify that the Plaintiffs are Canadian citizens, which is required for the s.6 breach to have teeth. The Notice of Motion is actually quite a good reference point.

What Kind Of Idiot Appeals Instead Of Fixing Their Case?

Allison Pejovic, one of the lawyers involved in the SCC Leave Applications, released a video describing what had happened. She sounds very compelling and passionate. Taken at face value, there’s no reason to doubt anything she says.

However, what she fails to mention is that the Applicants (in all 4 cases) were able to proceed with the cases (as Actions) if there had been damages as a result. From the 2022 ruling:

[40] It is true that the parties, and to some extent the Court, have already invested financial and human resources in these files. However, most of the Court resources are yet to come with a five-day judicial review hearing and extensive writing time (these files comprise 23 affidavits and 15 expert reports totaling approximately 6,650 pages). That is without considering potential appeals to the Federal Court of Appeal and to the Supreme Court of Canada.

There were apparently: (a) 23 Affidavits; and (b) 15 expert reports, which totaled over 6,600 pages. Cross-examinations of witnesses also took place. And unlike with Action4Canada, these piles of documents actually exist. But because these lawyers appealed instead of refiling, these will never get to Trial.

And the way the Rickard/Harrison case is proceeding, it will go nowhere either.

One really has to wonder how all of the “freedom lawyers” can be so clueless and incompetent in pursuing cases against the Government.

FEDERAL COURT APPLICATIONS STRUCK:
(1) https://www.canlii.org/en/ca/fct/doc/2022/2022fc1463/2022fc1463.html

FEDERAL COURT OF APPEAL RULING:
(1) https://www.canlii.org/en/ca/fca/doc/2023/2023fca219/2023fca219.html
(2) Travel Mandates Appeal Bernier Memorandum
(3) Travel Mandates Appeal Peckford Memorandum
(4) Travel Mandates Appeal Rickard-Harrison Memorandum
(5) Travel Mandates Appeal Respondents Memorandum

SUPREME COURT OF CANADA APPLICATIONS FOR LEAVE:
(1) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80713/2024canlii80713.html (Bernier)
(2) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80711/2024canlii80711.html (Peckford)
(3) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80702/2024canlii80702.html (Naoum)

RICKARD/HARRISON STATEMENT OF CLAIM:
(1) Rickard T-2536-23 Statement Of Claim
(2) Rickard T-2536-23 Notice Of Intent To Respond
(3) Rickard T-2536-23 Amended Statement Of Claim
(4) Rickard T-2536-23 Notice Of Motion

STANDARD OF REVIEW:
(1) https://www.canlii.org/en/ca/scc/doc/2002/2002scc33/2002scc33.html
(2) Housen (Highlighted)