Category: Free Speech

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

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

Costs are as follows:

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

See previous article for more information and context.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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Ontario Private Member’s Bill 94: Creating “Community Safety Zones” By Eliminating Dissent

New Democrat M.P.P. Kristyn Wong-Tam, the Critic for the Attorney General, Small Business and 2SLGBTQI Issues, has introduced Bill 94, Keeping 2SLGBTQI+ Communities Safe Act, 2023. This would apply throughout the Province of Ontario, if passed and implemented.

This could be expensive, with violations of this resulting in fines up to $25,000.

Looking through Wong-Tam’s Twitter account, it’s full of social justice content, and she comes across as a Communist. Not surprising, given her party affiliation.

Granted, the N.D.P. is in opposition, and has no real power in Parliament. However, that’s no guarantee that it won’t be passed eventually. Now, what’s in the Bill?

2 No person shall, within 100 metres of the boundary of a property where a 2SLGBTQI+ community safety zone is located, perform an act of intimidation, including,
.
(a) causing a disturbance within the meaning of the Criminal Code (Canada);
(b) distributing hate propaganda within the meaning of the Criminal Code (Canada);
(c) uttering threats or making offensive remarks, either verbally or in writing, with respect to matters of social orientation or gender roles; or
(d) engaging in a protest or demonstration for the purpose of furthering the objectives of homophobia and transphobia.

The Bill would give the Attorney General of Ontario the power to declare any place a “community safety zone”, for a period of time. Of course, the time limits are not defined, nor are the sizes or locations of these zones.

The Attorney General would have the power to go to the courts in order to get an injunction against any person who might violate these. Now, that raises the concern that these would be politically motivated.

The term “community safety zone” is also undefined, and open to interpretation.

No effect on peaceful protests, etc.
5 For greater certainty, nothing in this Act prevents peaceful protests or demonstrations.

Now, on the surface, it appears like there is a safety mechanism to protect free speech and free expression. However, this is rather misleading.

By claiming that the content of a protest or demonstration is offensive, it can be shut down. Similarly, legitimate concerns can be smeared as homophobic or transphobic. Moreover, mere offence is enough to shut down public discourse, and that can be weaponized.

And what about things like child drag shows? Would the public be banned from protesting those, under the guise of safety and tolerance? What about transitioning children into the opposite sex?

The Bill also calls for a 2SLGBTQI+ Safety Advisory Committee to be created. Financial support to implement recommendations is included, which means it will cost taxpayers.

Again, this legislation could very well go nowhere, but nothing is assured.

(1) https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-94
(2) https://www.ola.org/sites/default/files/node-files/bill/document/pdf/2023/2023-04/b094_e.pdf
(3) https://twitter.com/kristynwongtam
(4) https://twitter.com/kristynwongtam/status/1643303503979241483
(5) https://twitter.com/kristynwongtam/status/1643328070940499969

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Member Of Parliament, Leah Gazan (NDP), And Her Convoluted Views On Life

Apparently, March 10th is “Abortion Providers Appreciation Day” in Canada. With all the various holidays and recognitions, this is easy enough to miss.

Anyhow, N.D.P. Member of Parliament Leah Gazan used her time on the floor to ask an interesting question: will the Prime Minister keep his promise to revoke the charity status of groups promoting abortion? Yes, she demands that groups she ideologically disagrees with to be hit financially.

Recently, Gazan went on record calling for a ban on “Residential School Denialism”. This would make it illegal to deny that genocide happened at those places. Just getting it classified as genocide wasn’t enough, she wants to silence critics.

Gazan doesn’t seem to see any ideological contradiction here: she wants to silence critics who deny that genocide happened at Residential Schools. She also supports financially crippling organizations who speak out against abortion, something that hits Indigenous communities hard.

It’s interesting when politicians speak out about violence towards women and minorities, but support the kinds of policies that harm exactly those demographics.

The “conservative” position in Canada is to support abortion in general, but to oppose ones that are “sex-selective”. In other words, it’s okay to terminate children, as long as it’s done indiscriminently.

There has also been little in the way of opposition to Bill C-250, a Private Member’s Bill that would put Holocaust deniers in prison for up to 2 years. That was later slipped into a Budget Bill, and is now law.

PULLING CHARITY STATUS FOR PRO-LIFE GROUPS:
(1) https://twitter.com/LeahGazan/status/1634235734717546500

MOVE TO BAN “RESIDENTIAL SCHOOL DENIALISM:
(1) https://www.ourcommons.ca/Members/en/Leah-Gazan(87121)
(2) https://twitter.com/LeahGazan/status/1585726302044229632
(3) https://www.cbc.ca/news/politics/should-residential-school-denialism-declared-hate-speech-1.6744100
(4) https://twitter.com/CityNewsTO/status/1628425241717538816
(6) https://toronto.citynews.ca/2023/02/22/red-dress-alert-for-missing-indigenous-women/
(7) https://www.cbc.ca/news/politics/house-motion-recognize-genocide-1.6632450
(8) https://www.parl.ca/legisinfo/en/bill/44-1/c-223
(9) https://www.parl.ca/legisinfo/en/bill/43-1/c-232
(10) https://www.parl.ca/legisinfo/en/bill/43-2/c-232
(11) https://twitter.com/LeahGazan/status/1630956370244542464

HOLOCAUST DENIAL PUNISHABLE BY PRISON TIME:
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-19
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-19/third-reading
(4) https://www.parl.ca/legisinfo/en/bill/44-1/c-250
(5) https://www.ourcommons.ca/Members/en/kevin-waugh(89084)
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=521753
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=111&regId=917368&blnk=1
(8) https://twitter.com/Paulatics/status/1537078472820006915
(9) https://sencanada.ca/en/senators/simons-paula/interventions/581135/47#hID
(10) https://www.youtube.com/watch?v=7iNiV2uAsQg&feature=youtu.be

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Little Pushback On Efforts To Criminalize “Residential School ‘Denialism'”

This was announced a few weeks back, and it would have been worth watching to any of the free speech warriors in power challenge this proposal. But that doesn’t seem to be the case.

Last Fall, Winnipeg Member of Parliament Leah Gazan (N.D.P.) pushed a Motion to formally recognize what happened at Residential Schools as a “genocide”. There was no opposition to the Motion, and it appeared to be coordinated between all parties.

However, that apparently wasn’t enough. Now, Gazan is interested in advancing a Bill to make it a hate crime to deny the genocide in the declaration that she helped advance. Presumably this would impact the Human Rights Code of Canada, but could also be applied to the Criminal Code.

NDP MP Leah Gazan, who got the House of Commons last October to unanimously recognize that genocide occurred at residential schools, now wants to take the issue a step further by drafting legislation to outlaw attempts to deny that genocide and make false assertions about residential schools.

“Denying genocide is a form of hate speech,” said Gazan, who represents the riding of Winnipeg Centre.

“That kind of speech is violent and re-traumatizes those who attended residential school.”

Gazan’s proposal is causing controversy, even among those who want the facts about residential schools widely known. But the Office of Crown-Indigenous Relations Minister Marc Miller said he would be interested in reviewing the proposed legislation.

“Residential school denialism attempts to hide the horrors that took place in these institutions,” Miller’s office told CBC News.

This of course flies in the face of the maxim that the best way to counter bad speech is with better speech. It’s unclear whether any such Bill would lead to criminal charges and/or prison sentences for people who violate it.

Gazan’s other legislative efforts include Bill C-223, a guaranteed living income, or U.B.I. She has twice pushed Bill C-232, to create a climate emergency action framework”. She also supports creating a separate notification system for missing Indigenous women. She has also spoken out in favour of decriminalizing sex work (a.k.a. prostitution).

Of course, the precedent for criminalizing “denialism” in Canada has already been set. Kevin Waugh of Manitoba introduced Bill C-250, which would have put Holocaust deniers in prison for up to 2 years.

Far from being shocked by this, the Conservative Party of Canada celebrated efforts by one of their M.P.s to criminalize discussion on a controversial topic. Waugh brought Private Member’s Bill C-250, to do just that. It was ultimately abandoned when near identical provisions were put into Bill C-19, an omnibus budget Bill.

As such, it isn’t really a surprise that the “Official Opposition” isn’t pushing back on efforts to ban denialism of Residential Schools. But will any such legislation actually pass? Who knows?

It’s also uncertain to what degree disagreement would be permitted. It’s not specified whether outright denial would be required to constitute hate speech, or just questioning details within.

(1) https://www.ourcommons.ca/Members/en/Leah-Gazan(87121)
(2) https://twitter.com/LeahGazan/status/1585726302044229632
(3) https://www.cbc.ca/news/politics/should-residential-school-denialism-declared-hate-speech-1.6744100
(4) https://twitter.com/CityNewsTO/status/1628425241717538816
(6) https://toronto.citynews.ca/2023/02/22/red-dress-alert-for-missing-indigenous-women/
(7) https://www.cbc.ca/news/politics/house-motion-recognize-genocide-1.6632450
(8) https://www.parl.ca/legisinfo/en/bill/44-1/c-223
(9) https://www.parl.ca/legisinfo/en/bill/43-1/c-232
(10) https://www.parl.ca/legisinfo/en/bill/43-2/c-232
(11) https://twitter.com/LeahGazan/status/1630956370244542464

HOLOCAUST DENIAL PUNISHABLE BY PRISON TIME:
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-19
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-19/third-reading
(4) https://www.parl.ca/legisinfo/en/bill/44-1/c-250
(5) https://www.ourcommons.ca/Members/en/kevin-waugh(89084)
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=521753
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=111&regId=917368&blnk=1
(8) https://twitter.com/Paulatics/status/1537078472820006915
(9) https://sencanada.ca/en/senators/simons-paula/interventions/581135/47#hID
(10) https://www.youtube.com/watch?v=7iNiV2uAsQg&feature=youtu.be

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Private Member’s Bill C-230 DEFEATED: Would Protect Health Care Workers From MAiD Compulsion

Anyone hear about Bill C-230? It would have protected health care workers from being compelled to participate in medical assistance in dying, or euthanasia. Perhaps it made the news at one point.

It had been introduced by Kelly Block, Member of Parliament for Carlton Trail—Eagle Creek, Saskatchewan, back in March 2022.

Turns out it was defeated in October 2022, along party lines. The vote was 115 in favour, and 208 against. Conservatives supported the Bill, while Liberals, NDP, Greens and Bloc Québécois voted it down.

SUMMARY
This enactment amends the Criminal Code to make it an offence to intimidate a medical practitioner, nurse practitioner, pharmacist or other health care professional for the purpose of compelling them to take part, directly or indirectly, in the provision of medical assistance in dying.
.
It also makes it an offence to dismiss from employment or to refuse to employ a medical practitioner, nurse practitioner, pharmacist or other health care professional for the reason only that they refuse to take part, directly or indirectly, in the provision of medical assistance in dying.

2 The Criminal Code is amended by adding the following after section 241.‍2:
Intimidation
241.‍21 (1) Every person who, for the purpose of compelling a medical practitioner, nurse practitioner, pharmacist or other health care professional to take part, directly or indirectly, in the provision of medical assistance in dying, uses coercion or any other form of intimidation is guilty of an offence punishable on summary conviction.

Employers
(2) Every person who refuses to employ, or dismisses from their employment, a medical practitioner, nurse practitioner, pharmacist or other health care professional for the reason only that they refuse to take part, directly or indirectly, in the provision of medical assist­ance in dying is guilty of an offence punishable on summary conviction.

It’s hard to believe this is real, but it is. Parliament voted down a Bill that would have protected health care workers from being forced to participate in assisted suicide.

Don’t forget that we still have Bill S-248 in the Senate. That would remove the requirement for final consent for people wanting to end their lives.

In late 2021, Don Davies introduced Bill C-220, which would make it an aggravating factor in criminal sentencing to assault a health care worker. Are we to assume that people in the medical industry need to be protected from violence…. but at the same time, it’s okay to compel them to kill others?

People can be truly evil.

Sources:
(1) https://www.parl.ca/LegisInfo/en/bills?page=3
(2) https://www.parl.ca/LegisInfo/en/bill/44-1/c-230
(3) https://www.ourcommons.ca/Members/en/votes/44/1/186
(4) https://www.ourcommons.ca/Members/en/kelly-block(59156)
(5) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-230/first-reading
(6) https://www.parl.ca/LegisInfo/en/bill/44-1/s-248
(7) https://www.parl.ca/LegisInfo/en/bill/44-1/c-220

Private Member Bills In Current Session:
(A) Bill C-207: Creating The “Right” To Affordable Housing
(B) Bill C-219: Creating Environmental Bill Of Rights
(C) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(D) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(E) Bill C-235: Building Of A Green Economy In The Prairies
(F) Bill C-250: Imposing Prison Time For Holocaust Denial
(G) Bill C-261: Red Flag Laws For “Hate Speech”
(H) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(I) Bill C-312: Development Of National Renewable Energy Strategy
(J) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(K) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(L) Bill S-243: Climate Related Finance Act, Banking Acts
(M) Bill S-248: Removing Final Consent For Euthanasia
(N) Bill S-257: Protecting Political Belief Or Activity As Human Rights