An Apology/Retraction To Constitutional Rights Centre, Mr. Galati

A few articles have been retracted that concerned Rocco Galati and the Constitutional Rights Centre, as they are inappropriate and demeaning. About the specifics that need to be corrected:

Apologies for suggesting that lawyers are scum. In reality, the profession is entirely noble and honourable, and comments to the contrary are based on ignorance and/or malice.

Apologies for any potential inference that could be drawn between a lawyer and their clientele. Lawyers who represent terrorists should not be labelled “terrorist lawyers”. Likewise, lawyers who take mafia cases should not be called “mob lawyers”, and lawyers who take criminal cases should not be called “criminal lawyers”, etc….

Apologies for using the term “agitator” to describe a person’s record. Surely, the cases they take on do not necessarily reflect any privately held beliefs and opinions. Work is work, and personal is personal.

Apologies for any suggestion that fighting for terrorists to keep their citizenship, or challenging judicial appointments somehow amounted to subversion or lawfare. There are people who believe these to be legitimate causes.

Apologies for suggesting that serious criminal charges, convictions and/or security risks should be grounds for stripping someone of their citizenship. Despite this being practice in many countries, it’s wrong, xenophobic, and racist to treat people like that. A Canadian is a Canadian is a Canadian.

Apologies for making any distinction between naturalized and born citizens, or implying that people simply aren’t Canadians. This was uncalled for. As the Charter and Citizenship Act view them as the same, so there is no debate on the issue.

Apologies for suggesting that citizenship was anything beyond obtaining the required paperwork, and that place of birth should be an issue at all. After all, having the status means loyalty to the adopted country.

Apologies for criticizing the current refugee pathways as abusive, and in particular, people fleeing from the United States. Surely, this is shortsighted with regards to the big picture, and everyone, no matter the situation, deserves a fair hearing.

Apologies for suggesting borders should exist at all. After all, if a person’s lineage in Canada doesn’t trace back thousands of years, they are in no position to keep anyone else out today. Such a stance is racist.

Apologies for suggesting certain ideologies are incompatible with the West. After all, diversity is our strength, and no sensible person would disagree.

Apologies for wondering and questioning why urgent cases sit dormant for months, even as vaccines arrive and are being administered. Certainly, there are valid explanations for these delays, and ulterior motives must never be assumed.

Apologies for watching a video and thinking it meant forms being sold, instead of a pleadings package. More due diligence should have been done in advance. And yes, if people wish to purchase the products, that is absolutely their right to do so.

Apologies for suggesting the Federal Government may have influenced or rigged the Bank of Canada case. The rulings they handed down may seem suspicious to the casual observer.

The articles in question have now been removed. Nothing here should be interpreted as to detract from the reputation of Galati and the Constitutional Rights Centre, in the opinions of fair minded people. They are committed to upholding the freedoms we hold dear (including, but not limited to), free speech, free association, viewpoint diversity. More than ever, controversial views must be protected from tyrants who would silence dissent and/or shut down media outlets.

Can Plaintiffs/Defendants Testify As Expert Witnesses In Their Own Cases?

This piece is going to be a bit different. It’s an effort to answer a question: can interested parties also serve as experts in the same case? It will look at an example, using Ontario as a model.

The instinctive answer would be no, this is a serious conflict of interest. But let’s look a bit deeper. Remember, this is just for information, and there’s no need for anyone to overreact.

1. Important Links

Ontario Rules Of Civil Procedure
Ontario Law Society: Rule 3.4 (Conflicts Of Interest)
Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39
Vaccine Choice Canada Lawsuit, October 2019
Vaccine Choice Canada Lawsuit, July 2020

2. Ontario Rules Of Civil Procedure

RULE 4.1 DUTY OF EXPERT
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DUTY OF EXPERT
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4.1.01 (1) It is the duty of every expert engaged by or on behalf of a party to provide evidence in relation to a proceeding under these rules,
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(a) to provide opinion evidence that is fair, objective and non-partisan;
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(b) to provide opinion evidence that is related only to matters that are within the expert’s area of expertise; and
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(c) to provide such additional assistance as the court may reasonably require to determine a matter in issue. O. Reg. 438/08, s. 8.
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Duty Prevails
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(2) The duty in subrule (1) prevails over any obligation owed by the expert to the party by whom or on whose behalf he or she is engaged. O. Reg. 438/08, s. 8.

According to Rule 4.1.01(1) and (2), the answer likely is no. A person who is a Plaintiff or Defendant is by nature an interested party. If the person has a vested interest (financial or otherwise), then overcoming that conflict of interest would be difficult.

3. What Expert Reports Will Include (Ontario)

(2.1) A report provided for the purposes of subrule (1) or (2) shall contain the following information:
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1. The expert’s name, address and area of expertise.
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2. The expert’s qualifications and employment and educational experiences in his or her area of expertise.
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3. The instructions provided to the expert in relation to the proceeding.
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4. The nature of the opinion being sought and each issue in the proceeding to which the opinion relates.
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5. The expert’s opinion respecting each issue and, where there is a range of opinions given, a summary of the range and the reasons for the expert’s own opinion within that range.
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6. The expert’s reasons for his or her opinion, including,
i. a description of the factual assumptions on which the opinion is based,
ii. a description of any research conducted by the expert that led him or her to form the opinion, and
iii. a list of every document, if any, relied on by the expert in forming the opinion.
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7. An acknowledgement of expert’s duty (Form 53) signed by the expert. O. Reg. 438/08, s. 48.

Rule 53.03 of Ontario Rules of Civil Procedure outlines what is expected by expert witness to submit in their reports to the Court, in advance of trial. It’s a pretty good outline for the contents.

4. OLS Rules Of Professional Conduct

SECTION 3.4 CONFLICTS
Duty to Avoid Conflicts of Interest
3.4-1 A lawyer shall not act or continue to act for a client where there is a conflict of interest, except as permitted under the rules in this Section.

Commentary
[1] As defined in rule 1.1-1, a conflict of interest exists when there is a substantial risk that a lawyer’s loyalty to or representation of a client would be materially and adversely affected by the lawyer’s own interest or the lawyer’s duties to another client, a former client, or a third person. Rule 3.4-1 protects the duties owed by lawyers to their clients and the lawyer-client relationship from impairment as a result of a conflicting duty or interest. A client’s interests may be seriously prejudiced unless the lawyer’s judgment and freedom of action on the client’s behalf are as free as possible from conflicts of interest.

[2] In addition to the duty of representation arising from a retainer, the law imposes other duties on the lawyer, particularly the duty of loyalty. The duty of confidentiality, the duty of candour and the duty of commitment to the client’s cause are aspects of the duty of loyalty. This rule protects all of these duties from impairment by a conflicting duty or interest.

[7] A bright line rule has been developed by the courts to protect the representation of and loyalty to current clients. c.f. Canadian National Railway Co. v. McKercher LLP, [2013] 2 S.C.R. 649. The bright line rule holds that a lawyer cannot act directly adverse to the immediate legal interests of a current client, without the clients’ consent. The bright line rule applies even if the work done for the two clients is completely unrelated. The scope of the bright line rule is limited. It provides that a lawyer cannot act directly adverse to the immediate legal interests of a current client. Accordingly, the main area of application of the bright line rule is in civil and criminal proceedings. Exceptionally, the bright line rule does not apply in circumstances where it is unreasonable for a client to expect that the client’s law firm will not act against the client in unrelated matters.

Consent
3.4-2 A lawyer shall not represent a client in a matter when there is a conflict of interest unless there is consent, which must be fully informed and voluntary after disclosure, from all affected clients and the lawyer reasonably believes that he or she is able to represent each client without having a material adverse effect upon the representation of or loyalty to the other client.

Having an expert witness as a Plaintiff or Defendant is a conflict. It gets even trickier when there are other clients involved in the same case. The duty of the expert is to the court first and foremost. The Ontario Law Society, (a.k.a. Law Society of Upper Canada), has strict rules against members engaging in conflicts of interest.

5. Supreme Court: Bright Red Line Rule

Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39

Cases Cited
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Referred to: R. v. Neil, 2002 SCC 70, [2002] 3 S.C.R. 631; MacDonald Estate v. Martin, 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235; R. v. Cunningham, 2010 SCC 10, [2010] 1 S.C.R. 331; Cholmondeley v. Clinton (1815), 19 Ves. Jun. 261, 34 E.R. 515; Bricheno v. Thorp (1821), Jacob 300, 37 E.R. 864; Taylor v. Blacklow (1836), 3 Bing. (N.C.) 235, 132 E.R. 401; Rakusen v. Ellis, [1912] 1 Ch. 831; Strother v. 3464920 Canada Inc., 2007 SCC 24, [2007] 2 S.C.R. 177; Bolkiah v. KPMG, [1999] 2 A.C. 222; Moffat v. Wetstein (1996), 1996 CanLII 8009 (ON SC), 29 O.R. (3d) 371; Canadian Pacific Railway v. Aikins, MacAulay & Thorvaldson (1998), 1998 CanLII 5073 (MB CA), 23 C.P.C. (4th) 55; De Beers Canada Inc. v. Shore Gold Inc., 2006 SKQB 101, 278 Sask. R. 171; Toddglen Construction Ltd. v. Concord Adex Developments Corp. (2004), 34 C.L.R. (3d) 111.

(f) The Bright Line Rule
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[27] In Neil, this Court (per Binnie J.) stated that a lawyer may not represent a client in one matter while representing that client’s adversary in another matter, unless both clients provide their informed consent. Binnie J. articulated the rule thus:

The bright line is provided by the general rule that a lawyer may not represent one client whose interests are directly adverse to the immediate interests of another current client — even if the two mandates are unrelated — unless both clients consent after receiving full disclosure (and preferably independent legal advice), and the lawyer reasonably believes that he or she is able to represent each client without adversely affecting the other. [Emphasis in original; para. 29]

[28] The rule expressly applies to both related and unrelated matters. It is possible to argue that a blanket prohibition against concurrent representation is not warranted with respect to unrelated matters, where the concrete duties owed by the lawyer to each client may not actually enter into conflict. However, the rule provides a number of advantages. It is clear. It recognizes that it is difficult — often impossible — for a lawyer or law firm to neatly compartmentalize the interests of different clients when those interests are fundamentally adverse. Finally, it reflects the fact that the lawyer-client relationship is a relationship based on trust. The reality is that “the client’s faith in the lawyer’s loyalty to the client’s interests will be severely tried whenever the lawyer must be loyal to another client whose interests are materially adverse”: Restatement of the Law, Third: The Law Governing Lawyers (2000), vol. 2, § 128(2), at p. 339

The “bright red line” has been explicitly stated to lawyers who represent clients with opposing interests. However, the idea of representing an expert witness is an interesting twist.

Though the language differs across jurisdictions, experts are considered “Friends of the Court”, neutral people who can provide unbiased information and opinion for a Judge and/or Jury.

True, experts are paid for their time by someone. That alone does not render them useless, as they do have a role to play. But what happens when the Expert has a vested interest in the outcome of the case?

While the Lawyer’s Clients (the Experts and non-Experts) could conceivably agree that this conflict of interest should be set aside, what about opposing Parties? Could it not result in an unfair Trial by stacking the deck against them?

Something seems off about this.

6. Such A Conflict In Ongoing Case?!?!

Pages 39-43 of the Statement of Claim spell out the qualifications and education of Denis Rancourt. And yes, it is quite impressive. However, no facts are pleaded to demonstrate that Rancourt has been harmed in any way by these restrictions, or that he has suffered any losses. He is clearly being introduced as an expert witness.

It’s not just that Rancourt is to be paid a fee for his time and trouble. That would be one thing. Here, he is a Plaintiff in an $11 million lawsuit — which he doubles as an Expert in. It stands to reason that he could make $1 to $2 million is the case is successful, which is a conflict of interest. Even if he is unbiased, this conflict will not be lost on the Court — or the other lawyers.

Is this normal? Are Experts typically interested Parties in the cases they participate in? Is there some exception or clause in the law that allows for this to happen? Is this a common practice that just isn’t discussed much? This appears to be the sort of thing that would jeopardize fair proceedings, but who knows?

Note: this is not an attempt to defend the nonsense that has gone on Federally, Provincially, Municipally and even in other countries. All of those people should be tried for crimes against humanity. The CV hoax is extensively outlined in this series. However, all problems need to be called out.

There are of course other issues, such as missing service addresses, and no defenses filed, but they have been addressed elsewhere.

The Statement of Claim was released publicly, but with most Plaintiff names redacted. Anyone who wants the unedited version can get a copy for free from the Ontario Superior Court (Civil Division) in Toronto.

Freedom Of Information Requests By Fluoride Free Peel On Virus Isolation

A site worth checking out is https://www.fluoridefreepeel.ca/. They have compiled considerable research on fluoridation, and have filed a small mountain of requests for documentation on the isolation of this “virus”.

1. Mass Filings Of FOI Requests

Beyond this single article, there is a larger issue to consider: filing freedom-of-information requests (also called access-to-information requests). These can be beneficial for research, or other reasons. True, Governments can, and often will, redact information, but they will often give something. Or in this case, it’s what they admit they don’t have that is of considerable interest.

2. Results Of Those FOI Requests

Of course, this nowhere near all of the responses or requests. Still, it’s pretty strange to have a test for such a virus. Even more absurd to be working on dozens of vaccines to cure it.

3. Comment By Christine Massey Of FFP

The public needs to understand that worldwide belief in “COVID-19” is based on fraudulent science, fraudulent tests and fraudulent diagnoses, not the scientific method.
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Here is an excerpt from an email I sent to a Kingston Councillor recently:
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Investigation is needed to determine whether a new virus is causing disease. Public health figures don’t simply “know” these things. There are well -established, logic-based steps (known as Koch’s Postulates) that have been taught in universities for decades as the accepted means of determining the existence of a new contagious pathogen. They were modified slightly years ago for use with a suspected virus.
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Step 1 is isolation/purification – separate the thing from the host and everything else; then do experiments with it to see if it can replicate in healthy host cells, cause the disease question, etc. Instead, in practice, virologists have been doing the exact opposite – adulterating a patient sample with genetic material and toxic drugs and irrationally blaming observed effects to a cell line on “the virus” that no one even tried to find in the patient sample. They perform completely meaningless PCR tests that are utterly incapable of determining the presence of an intact virus (let alone disease caused by a virus), they make meaningless comparisons with fabricated (not discovered) “SARS-COV-2 genomes” and call that “isolation”.
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That is not science, it’s wild speculation/fantasy and it’s blatantly fraudulent.

Here is their most recent publication, which compiles the results of some 34 requests for information. Quite the effort. A thank you is extended to everyone at Fluoride Free Peel for putting all of this together.

4. Other Articles On CV “Planned-emic”

The rest of the series is here. Many lies, lobbying, conflicts of interest, and various globalist agendas operating behind the scenes, obscuring the “Great Reset“. The Gates Foundation finances: the WHO, the US CDC, GAVI, ID2020, John Hopkins University, Imperial College London, the Pirbright Institute, the BBC, and individual pharmaceutical companies. Also: there is little to no science behind what our officials are doing; they promote degenerate behaviour; the Australian Department of Health admits the PCR tests don’t work; the US CDC admits testing is heavily flawed; and The International Health Regulations are legally binding. See here, here, and here. The media is paid off, and our democracy is thoroughly compromised, as shown: here, here, here, and here.

5. Previous Solutions Offered

For serious suggestions offered, on many different subjects, check here. Complaining and criticizing is one thing, but real answers have to be proposed as some point. These proposals, (such as FOI requests, taping and documenting), should be worth serious consideration.

Serious Proposal: Mass Filings Of Complaints To Get Public Health Officers’ Licenses Revoked

It’s past time to fight back. Here is an idea that is worth consideration: mass filings of complaints against Chief Medical Officers in various Provinces in Territories. Go after local Health Officers if they have done something. Go after Deputy Medical Officers. The complaints are free to file, and they have to responded to. It’s not optional.

1. Colleges Which License Canadian Doctors

Alberta College Of Physicians And Surgeons
Deena Hinshaw

BC College Of Physicians And Surgeons
Bonnie Henry

Manitoba College Of Physicians And Surgeons
Brent Roussin

New Brunswick College Of Nurses And Physicians
Jennifer Wylie-Russell

Newfoundland College Of Physicians And Surgeons
Janice Fitzgerald

Northwest Territories Physicians
Kami Kandola

Nova Scotia College Of Physicians And Surgeons
Robert Strang

Nunavit Physicians
Michael Patterson

Ontario College Of Physicians And Surgeons
Theresa Tam
Barbara Yaffe
David Williams

Quebec College Des Medecins
Horacio Arruda

PEI College Of Physicians And Surgeons
Heather Morrison

Saskatchewan College Of Physicians And Surgeons
Saqib Shahab

Yukon Medical Council – Physician Licensing
Brendan Hanley

2. Why Even Attempt This Action?

Given the “restrictions” that various so-called medical experts have imposed, and based on this pseudo-science, it is past time to get rid of them. By get rid of, this doesn’t just mean remove them from the position of Public Health Officer. It means ending their medical careers altogether.

What These Dictates Lead To
-Causing mass panic over a virus that in all honesty, probably hasn’t even been isolated
-Arbitrarily closing down so-called “non-essential” businesses
-Causing mass bankruptcies and foreclosures
-Causing depressions and suicides
-Closing down religious services while booze and abortion remain open
-Limiting access to preventative care
-Limiting the gathering sizes of people
-Limiting rights to peacefully assemble and protest
-Sabotaging the education of children
-Compliant media giving glowing reviews
-Putting travel restrictions in place
-Handing out tickets, threatening arrests
-Pushing masks KNOWING that they do nothing
-Demanding establishments keep customer information
-Pushing the “Great Reset” the entire time

Take your pick. The list of civil rights abuses by these so-called experts is a long one. Now, this isn’t to let politicians off the hook. They WILLINGLY abdicated their duties to govern and allow unelected bureaucrats to rule by decree.

Will any of them get lose their licenses? Who knows, but a deluge of complaints might help. At a bare minimum, it would force the various Colleges to put (in writing) what their positions are.

Health care (for the most part), is a Provincial matter, and Public Health Officers are doctors who are licensed by their Province, (and possible other ones). File complaints, and get formal investigations opened.

File Federally.
File Provincially.
File Municipally.

3. Other Articles On CV “Planned-emic”

The rest of the series is here. Many lies, lobbying, conflicts of interest, and various globalist agendas operating behind the scenes, obscuring the “Great Reset“. The Gates Foundation finances: the WHO, the US CDC, GAVI, ID2020, John Hopkins University, Imperial College London, the Pirbright Institute, the BBC, and individual pharmaceutical companies. Also: there is little to no science behind what our officials are doing; they promote degenerate behaviour; the Australian Department of Health admits the PCR tests don’t work; the US CDC admits testing is heavily flawed; and The International Health Regulations are legally binding. See here, here, and here. The media is paid off, and our democracy is thoroughly compromised, as shown: here, here, here, and here.

4. Previous Solutions Offered

For serious suggestions offered, on many different subjects, check here. Complaining and criticizing is one thing, but real answers have to be proposed as some point. These proposals should be worth serious consideration.

Serious Suggestion For Gaining Entry To Stores Despite Mask Demands

Do you want to go shopping but cringe at the new mask requirements? Well, here are some suggestions that should help in most cases.

1. Human Rights In Canada, By Province

Alberta Human Rights Commission
British Columbia Human Rights Code
Manitoba Human Rights Commission
New Brunswick Human Rights Commission
Newfoundland & Labrador Human Rights
Northwest Territories Human Rights Commission
Nova Scotia And Human Rights
Ontario Human Rights Code
PEI Human Rights Commission
Quebec Human Rights And Freedoms
Saskatchewan Human Rights Code
Yukon Human Rights Commission

2. A Few Cautionary Warnings

This should go without saying, but will be said anyway: DO NOT be belligerent, threatening, aggressive, or swearing when attempting this. Don’t be intoxicated in any way either. Business owners might look for any reason to ban you from the premises, and such behaviour may give them legitimate grounds.

The above warning applies even more so to large men talking to women working in the store. Yes, this is sexist, but play along anyway. You do not want to provide any excuse to boot you out.

Another bit of advice: if you concerned about getting kicked out for life, or burning bridges, start with someplace you don’t normally go. Even better if it is quite a ways away. Again, this is just to be careful.

3. Read Up On The Law In Advance

First, you will want to read up on the Human Rights Legislation in your province. From the British Columbia Human Rights Code, we see the following passages:

Discrimination and intent
2 Discrimination in contravention of this Code does not require an intention to contravene this Code.

Discrimination in accommodation, service and facility
8 (1) A person must not, without a bona fide and reasonable justification,
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(a) deny to a person or class of persons any accommodation, service or facility customarily available to the public, or
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(b) discriminate against a person or class of persons regarding any accommodation, service or facility customarily available to the public
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because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or class of persons.
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(2) A person does not contravene this section by discriminating
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(a) on the basis of sex, if the discrimination relates to the maintenance of public decency or to the determination of premiums or benefits under contracts of life or health insurance, or
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(b) on the basis of physical or mental disability or age, if the discrimination relates to the determination of premiums or benefits under contracts of life or health insurance.

Using the BC Human Rights Code as an example, it is abundantly clear that a shop or store owner cannot discriminate against people based on any “physical or mental disability”. If wearing a mask makes breathing difficult, than that alone is enough to satisfy the requirement.

Businesses are required to make accommodations to people with disabilities. It isn’t optional.

Note: stores, shops and service providers are not allowed to pry into the specifics of what that disability may be. They are prohibited from trying to get that information.

An observant reader will notice Section 2. This states that no intent is required on the part of anyone to be discriminatory. While that (in many cases), may be open to abuse, it would be very helpful here.

4. Document Your Encounter With A Cellphone

A possible encounter might go something like this. Head to the establishment, and walk into the building as normal.

[A] If stopped by an employee telling you to wear a mask or leave, pull out your cellphone (or other such recording device). Audio is fine, and video may be off-putting.

[B] State the time, date, and location into your phone, and ask the employee to repeat him or herself. If you are asked if you are recording, admit it, and state that it’s legal under Canadian law.

[C] Inform the employee that you have a condition — but do not specify — which impedes your ability to wear a mask

[D] Inform the employee that the (specify) Human Rights Code requires employees in services available to the public to make accommodations.

[E] Inform the employee that there are always exemptions — regardless of whether it is a municipal bylaw, a provincial law, or simply store policy. Ask why those exemptions are not publicly displayed.

[F] If asked for details, inform the employee that it is private medical information, and they have no legal right to demand it in return for entry.

[G] If pressed, repeat to the employee that they have no right to demand this information.

[H] Reiterate that the (specify) Human Rights Code prohibits discrimination. Give the specific section number. If applicable, state that (other section) doesn’t require intent for there to be discrimination.

[I] If still not granted entry, ask the employee this question very deliberately: “Am I being refused entry because of my condition?”

[J] Feel free to ask a second time, just so there is no misunderstanding. Also, feel free to ask for the full name.

This is the critical point. The person will either: (a) admit you entry; or (b) knowingly state on tape that you are being refused because of your disability. It would take nerves of steel to tell a person “no” when pressed like this. However, if it does happen, you have a taped, documented case of discrimination.

Remember, this is not about picking a fight, but in enforcing your human rights to patronize businesses that you need to. If you are allowed in without a mask, accept the victory and move on.

Keep in mind, that many employees are stressed out, and don’t want a fight. If it becomes clear that you are prepared, and know the law, many (most?) will back down and let you go through. Try to understand their perspective.

If pushing the disability angle doesn’t suit you, bear in mind that human rights codes also allow for exemptions based on religion. Apparently, the virus doesn’t attack devout followers.

And again, see Part 2 about behaviour to not engage in.

Now, as for more information about the “planned-emic”, and other constructive suggestions (on various topics), see the sections below.

5. Other Articles On CV “Planned-emic”

The rest of the series is here. Many lies, lobbying, conflicts of interest, and various globalist agendas operating behind the scenes, obscuring the “Great Reset“. The Gates Foundation finances: the WHO, the US CDC, GAVI, ID2020, John Hopkins University, Imperial College London, the Pirbright Institute, the BBC, and individual pharmaceutical companies. Also: there is little to no science behind what our officials are doing; they promote degenerate behaviour; the Australian Department of Health admits the PCR tests don’t work; the US CDC admits testing is heavily flawed; and The International Health Regulations are legally binding. See here, here, and here. The media is paid off, and our democracy is thoroughly compromised, as shown: here, here, here, and here.

6. Previous Solutions Offered

For serious suggestions offered, on many different subjects, check here. Complaining and criticizing is one thing, but real answers have to be proposed as some point. These proposals should be worth serious consideration.

CV #35: Vaccine Indemnification Rulings In The Canadian Courts

If vaccines work as advertised, then why is it necessary to immunize (no pun intended), the manufacturers from potential legal action?

Bill Gates believes that Governments will have to be involved in the process of vaccine development and distribution, in order to indemnify (make immune), manufacturers for the harm their products will cause. However, Gates seems far less concerned about the potential harms from the vaccines. His worry appears to be potential lawsuits resulting from those harms. By the way, you don’t have a choice about being vaccinated.

1. Other Articles On CV “Planned-emic”

The rest of the series is here. Many lies, lobbying, conflicts of interest, and various globalist agendas operating behind the scenes, obscuring the “Great Reset“. The Gates Foundation finances: the WHO, the US CDC, GAVI, ID2020, John Hopkins University, Imperial College London, the Pirbright Institute, the BBC, and individual pharmaceutical companies. Also: there is little to no science behind what our officials are doing; they promote degenerate behaviour; the Australian Department of Health admits the PCR tests don’t work; the US CDC admits testing is heavily flawed; and The International Health Regulations are legally binding. See here, here, and here. The media is paid off, and our democracy is thoroughly compromised, as shown: here, here, here, and here.

2. Important Links

Quebec (Attorney-General) v. Lapierre, 1983 CanLII 2860 (QC CA)
QC Court Of Appeal Ruling
Lapierre v. A.G. (Que.), 1985 CanLII 66 (SCC), [1985] 1 SCR 241
Supreme Court Of Canada Ruling

Rothwell v. Raes (Ont. H.C.J.), 1988 CanLII 4636 (ON SC)
Rothwell 1988 Ruling
Rothwell Ruling 1988 Vaccine Injury

Frank v Alberta Health Services, 2019 ABCA 332 (CanLII)
Frank V. AHS Trial Court Ruling
Frank V. AHS Appellate Ruling

Interim Order For Temporary Vaccine Approval
Product Information For H1N1 Approved Vaccine
Adam, Abudu v. Ledesma-Cadhit et al, 2014 ONSC 5726 (CanLII)
2014 Ruling On Indemnification of Manufacturer
Adam v. GlaxoSmithKline Inc., 2019 ONSC 7066 (CanLII)
Adam V. GSK Ruling (ONSC)
ONSC 2014 Ruling
Adam V GlaxoSmithKline 2019

WHO On Vaccine Injury Compensation Programs

3. LaPierre V. Attorney General Of Quebec

Appellant’s daughter was vaccinated against measles as part of a vaccination program established by the Government of Quebec. A few days after receiving the vaccine, she was the victim of acute viral encephalitis which ultimately resulted in the permanent almost total disablement of the child. Appellant brought an action for damages against the Government. The Superior Court allowed the action and decided against the Government on the basis of no‑fault liability resulting from necessity and grounded on art. 1057 C.C. The Court of Appeal reversed the judgment on the ground that Quebec civil law does not recognize no‑fault liability. In this Court, the causal link between the vaccine and the encephalitis was no longer disputed and fault was no longer alleged against anyone. Appellant based his claim against the Government on no‑fault or “objective” liability. He relied on a legal principle derived from the theory of necessity, that damages suffered or costs incurred by an individual for the benefit of the community must be borne by the latter. The question was therefore whether the principle on which appellant’s entire case rested has any support in the law of Quebec.

Held: The appeal should be dismissed.
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The Government of Quebec cannot be held liable for the harm caused to the child by administration of the vaccine. Although in the case at bar recognition of the existence of an obligation independent of any fault would be an excellent thing, no such obligation exists in Quebec civil law. Extrapolation of several provisions of the Civil Code and the ancient law provide no basis for a general principle of the civil law that damages suffered or costs incurred by an individual for the benefit of the community must be borne by the latter. Article 1057 C.C. also provides no legislative support for this principle. That article exists only to explain art. 983 C.C. by giving examples of obligations resulting solely from the operation of law. It does not have the effect of making fortuitous events ‑‑ the danger of an epidemic in the case at bar ‑‑ a sixth and new source of obligations.

The Supreme Court ultimately decided that just because someone may be harmed (by a vaccine), which was taken to protect the community, the community itself owes no obligation to the person. It seems no good deed goes unpunished.

Following this case, however, Quebec did end up introducing a plan to compensate victims of vaccine injury. It remains the only such program in Canada.

4. Rothwell V. Raes, Ontario, Et Al

Even the plaintiffs’ expert witnesses agreed that if a causal connection existed between pertussis vaccine and brain damage — encephalopathy — it was extremely rare. Thus the personal experience of such cases, even on the part of the most specialized consultants, was necessarily limited. The witnesses referred to many scientific publications in giving testimony and annexed them to their reports. The decision had to be based on the evidence of the witnesses including their reports, but articles and studies referred to could be used to assess the evidence where there was conflict. The question was difficult and complex.

The defendant physician was not negligent either in recommending the vaccination or in failing to warn of possible damaging effects. It was at the time the practice to recommend vaccination without reference to the rare possibility of harmful consequences. Three doses of the vaccine were administered, two of them by the locum, and no reaction which would have caused alarm occurred after either of the first two. Nor was the physician negligent in his choice of physicians to serve as locum tenens. No evidence of negligence on her part was offered.

Liability for the locum tenens
.
Even if the locum had been negligent, she was exercising her own professional skill and judgment and the family physician could not be vicariously liable.

Manufacturer’s liability
.
The manufacturer’s leading researchers were familiar with the literature postulating encephalopathy and grave brain damage as possible consequences of administration of the vaccine. Had the manufacturer warned the physician the court could not presume that he would have failed to discuss the possibilities or at least mention them. Therefore the manufacturer was negligent in this respect. It was not negligent in failing to manufacture the Japanese version of the vaccine since no tests had been done which would have led to its acceptance by the scientific community as superior to the product used.

The ministry’s liability
.
The province reasonably relied on the federal government to license and monitor vaccines. The province’s decision not to exercise the authority it had, and had at one time used, to regulate and monitor did not subject it to liability. No other province issued warnings at the time. Only one monitored drugs used. Hence no negligence could be found on the part of the ministry.

One of the reasons cited in the dismissal was failure to prove causation. However, the ruling makes it pretty clear that there would be no finding of negligence even if it were demonstrated. The only exception would have been the manufacturer (possibly), for failing to disclose risks.

5. Frank V. AB Health Services 2019

[1] Health Services, 2018 ABQB 541. The issue on this appeal is whether Alberta Health Services and the nurse who immunized her are immune from liability even if negligence was proven.

[2] The trial judge found that the respondents are protected by the immunity provisions in s. 66.1 of the Public Health Act, RSA 2000, c. P-37:
.
66.1(1) No action for damages may be commenced against
(a) the Crown or a Minister of the Crown,
(b) a regional health authority or a member, employee or agent of a regional health authority,
(c) an employee under the administration of the Minister,
(d) the Chief Medical Officer, the Deputy Chief Medical Officer, an executive officer or a medical officer of health,
(e) a health practitioner,
(f) a teacher, a person in charge of an institution or a medical director of a facility, or
(g) repealed 2008 c. H-5.3 s. 24,
(h) a provincial health board established under the Regional Health Authorities Act
.
for anything done or not done by that person in good faith while carrying out duties or exercising powers under this or any other enactment.

(2) No action for damages may be commenced against any person or organization acting under the direction of the Crown, a Minister of the Crown, the Chief Medical Officer, the Deputy Chief Medical Officer or a medical officer of health for anything done or not done by that person or organization in good faith directly or indirectly related to a public health emergency while carrying out duties or exercising powers under this or any other enactment. [emphasis added]

[5] The trial judge wrote at para. 19 that Nurse Sykes was performing “a duty delegated to her”, which is no more than a synonym for “a duty assigned” to her. The appellant argues that immunity is not extended to those exercising “delegated duties”, but that would render the section largely redundant. It is difficult to conceive of a situation where an employee of the Health Authority (or a number of others in the protected categories, like “teachers”) would be “carrying out duties” (to use the words of s. 66.1) that are not in some sense “delegated” or “assigned” to them. The appellant also argues that the immunity does not extend to “negligence”, but that would also render the section ineffective. There is no civil liability for non-negligent health services, so the immunity clause must extend to the negligent provision of services to have any meaning.

[6] It is true that health care practitioners generally owe a private duty of care to their patients, and are liable in tort for negligent care that causes damage. But as the trial judge noted at para. 18, this statute is directed at “public” health concerns, not just “private” health concerns:

. . . The intent of the Act and the Communicable Diseases Regulation is in the protection of public health, including preventative care against communicable diseases which may affect large segments of the population. The liability immunity for health practitioners like Sykes is consistent with the purpose of the Act particularly when one considers the nature of mass vaccination clinics and the need for the Minister and regional health authorities to efficiently administer vaccinations.

There is a public benefit to having a significant level of vaccination against communicable diseases within the larger community. The Legislature has identified a public benefit in protecting professionals practicing in the public health field from liability for public health treatment administered in good faith.

[7] The appellant points to the rather complicated legislative history of this provision. The immunity clause, however, must be interpreted according to its plain words, in the context of the entire statute. On that basis there is no reviewable error in the decision under appeal.

[8] The appeal is accordingly dismissed.

In short, health practitioners (and bureaucrats), cannot be held liable in Alberta if they are acting in good faith, and are following the orders of Public Health Officials. While there may be some benefit to this, it allows practitioners to “pass the buck” in a sense, and just defer to someone else.

6. Interim Orders On H1N1 Vaccines

Adam, Abudu v. Ledesma-Cadhit et al, 2014 ONSC 5726 (CanLII)
Adam v. GlaxoSmithKline Inc., 2019 ONSC 7066 (CanLII)

There are actually 2 different rulings based on vaccine injury from GlaxoSmithKline. Here are quotes from the later ruling.

[15] In early 2009, the WHO became aware of the development of a new strain of influenza virus: H1N1, commonly known as swine flu. It had not been seen in human populations before, as a result of which humans had no built up immunity. The WHO declared H1N1 to be a pandemic.

[16] On June 11, 2009, the WHO declared a phase 6 pandemic. This is the final and most serious stage of a pandemic. It marks sustained human-to-human transmission of the virus in more than one region of the world. By early July there had been 94,512 reported cases and approximately 429 recorded deaths attributable to H1N1.

[17] In the summer of 2009, the WHO called for manufacturers to begin clinical trials for a vaccine to combat H1N1.

[18] GSK developed two vaccines to combat H1N1: Arepanrix and Pandemrix. Both are substantially similar. Pandemrix was manufactured and distributed in Europe. Arepanrix was manufactured and distributed in Canada. Clinical trials for Arepanrix began in 2008 but had not been completed when the pandemic was declared.

[19] The federal Minister of Health authorized the sale of the Arepanrix vaccine pursuant to an interim order dated October 13, 2009. Human trials of the vaccine were still underway. The Minister of Health is empowered to make interim orders if immediate action is required because of a danger to health, safety or the environment. In issuing the interim order, Health Canada deemed the risk profile of Arepanrix to be favourable for an interim order. The authorization was based on the risk caused by the current pandemic threat and its danger to human health. As part of the interim order process, Health Canada agreed to indemnify GSK for any claims brought against it in relation to the administration of the Arepanrix vaccine.

[20] Although human trials of Arepanrix were not finished by the time Health Canada authorized its use, the vaccine was not without clinical history.

[33] The fundamental challenge with the plaintiffs’ case in this regard is that they produced no expert to testify to this effect. While I agree with the plaintiffs’ submission that expert evidence is not necessarily required to demonstrate a breach of the standard of care, the absence of such evidence when faced with complex issues beyond the day-to-day experience of the trier creates additional challenges for the plaintiffs’ case.

[34] The plaintiffs’ principal allegation with respect to the standard of care is that GSK failed to make adequate disclosure of the risks involved with Arepanrix.

[35] The plaintiffs began their challenge about disclosure with the evidence of Ms. Hyacenth who testified that she was not told that: (i) the vaccine had not been tested through the usual route, (ii) the vaccine had been subject to a hastened approval process by Health Canada, (iii) adjuvants had never been used in children, (iv) the Government of Canada was indemnifying the vaccine manufacturer; and (v) some countries refused to make the vaccine available because of safety concerns. Ms. Hyacenth says that had she been told about these things she would not have risked having her children vaccinated.

[36] Part of the challenge of the plaintiffs’ inadequate disclosure case is that Ms. Hyacenth was not the direct purchaser of the vaccine. Vaccines are administered through a “learned intermediary,” in this case, her family physician. The issue is significant because any disclosures GSK makes are made in product monographs or inserts that accompany each vial of vaccine. The patient getting the vaccine does not receive the box containing the vaccine and whatever disclosure document it contains. It is the physician who receives this.

[37] GSK did disclose in its Product Information Leaflet for the Arepanrix vaccine and in its product monograph that Health Canada had authorized the sale of the vaccine based on only limited clinical testing and no clinical experience at all with children. Dr. Ledesma-Cadhit believes she knew this from the Health Canada website. She was also aware that Arepanrix was authorized through a special process because of the pandemic.

[38] The product monograph for Arepanrix disclosed that there was limited clinical experience with an investigational formulation of another adjuvanted vaccine but no clinical experience with children. In addition, the product information leaflet and product monograph disclosed a number of risks.

In short, Health Canada approved a vaccine that in which trials were still ongoing. The doctor, despite reading the lengthy disclaimer, injected it, and this comes in spite of there being no trials on children.

The Canadian Government had agreed to indemnify the manufacturer ahead of time. Moreover, the victims didn’t buy the product from the manufacturer, but from the doctor, a “learned intermediary”. In short, GlaxoSmithKline was legally off the hook for what it sold to the public.

7. Canada To Expedite Vaccines

This admission from Theresa Tam should concern people. She openly admits that vaccine development takes over a decade, but that this will be pushed ahead.

However, if this is such a “novel” virus, then how exactly can scientists rely on all this previous research? Either it’s a similar virus, or it’s very different. It can’t simultaneously be both.

And no, it wasn’t “Covid-19” that took away people’s livelihoods. It was the dictatorial actions of power hungry politicians and bureaucrats.

8. WHO On Vaccine Injury Compensation

Arguments for schemes
Arguments supporting vaccine-injury compensation include political and economic pressures, litigation threats, increasing confidence in population-based vaccine programmes and ensuring sustainability of vaccine supply. However, compensation schemes are also based on underlying principles of fairness and justice.

A vaccine-injury compensation scheme removes the uncertainty of tort liability for manufacturers and provides a more fair, efficient and stable approach for injured parties. Litigation is an expensive and restricted avenue that is inaccessible for many vaccine recipients. Furthermore, compensation schemes avoid the polarization of drug companies against vaccine recipients through litigation and the associated negative media coverage.

Standard of proof
No-fault vaccine-injury compensation programmes are based on the premise that the adverse outcome is not attributable to a specific individual or industry but due to an unavoidable risk associated with vaccines. A problem for all compensation schemes is determining whether there is a causal relationship between a vaccine and a specific injury. The method by which causation is proven in tort law can be quite different from the accepted method of establishing causation in science and epidemiology. The most commonly accepted criteria for establishing epidemiological causation are the Bradford Hill criteria. While they do not provide a definitive checklist for assessing causality, these criteria provide a framework for separating causal and non-causal explanations of observed associations. Despite its importance, there is no single, clear consensus on the definition of causation.

Conclusion
Vaccine-injury compensation programmes are increasingly regarded as an important component of successful vaccination programmes. They have been used for the past 50 years to ensure that individuals who are adversely affected in the interests of protecting the whole community are adequately compensated and cared for. There are a variety of schemes with different structures and approaches in use throughout the world. The schemes function most efficiently when they operate alongside well established, comprehensive national social welfare systems. In these countries, vaccine-injury compensation schemes have been found to have a relatively low administrative cost, especially compared to civil litigation cases.

In the first decade of the 21st century, acceptance of vaccine-injury compensation has grown. Schemes are being enacted beyond industrialized Europe and North America. The importance of these schemes, based on ethical principles, has been stressed by parent groups, and claimants have reported satisfaction in having received compensation through a streamlined process. Apart from the reluctance of governments to move away from the adversarial approach to providing compensation, we believe there is a strong argument for widespread implementation of these programmes in other developed countries.

This is a 2011 article from the World Health Organization. Despite the claimed benefits, there are certainly drawbacks. It’s worth pointing out that they don’t actually make vaccines any safer. They are just a way to placate the public and increase confidence by offering a (tax-payer funded), way for victims to get some money.

Drug companies will still get their profits, but the losses will be socialized. This is typical of the corporatist mindset.

From their perspective, there isn’t really any downside. Pharma companies can still push their drugs onto the public, and any serious harm will be paid back by the public. While the process for collecting is certainly easier than going to court, it ensures that the full truth will never come out.

Currently, a vaccine injury compensation program exists in Quebec, but no other Canadian Province.