Category: Subversion

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Bill S-224: Lowering The Burden To Prosecute Human Trafficking (Died In Last Session)

Senator Salma Ataullahjan introduced Bill S-224 back in late 2021. It cleared the Senate, and Second Reading in the House of Commons. In fact, it came very close to getting passed.

Put simply, it would have amended the Criminal Code to make it easier for police to lay charges in cases of suspected human trafficking. It would have removed an element of the offence — fear for one’s safety — thus lowering the burden. There was a surprisingly vocal set of opponents fighting against it.

Broadly speaking, “trafficking” would fall into 2 major categories: (a) sex work, such as pornography or prostitution; or (b) forced labour in general. Participants in the 2023 study focused on the former.

***It’s true that this Bill died when the last session of Parliament ended. That being said, legislation that doesn’t advance is often brought back at later times. This may be one such case.

What Would Bill S-224 Actually Change?

Exploitation
279.04 (1) For the purposes of sections 279.01 to 279.03, a person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service.

Factors
279.04 (2) In determining whether an accused exploits another person under subsection (1), the Court may consider, among other factors, whether the accused
(a) used or threatened to use force or another form of coercion;
(b) used deception; or
(c) abused a position of trust, power or authority.

The proposed Bill S-224 would remove the requirement that victims fear for their safety if they don’t comply with the demands.

Exploitation
279.‍04 (1) For the purposes of sections 279.‍01 to 279.‍03, a person exploits another person if they engage in conduct that
(a) causes the other person to provide or offer to provide labour or a service; and
(b) involves, in relation to any person, the use or threatened use of force or another form of coercion, the use of deception or fraud, the abuse of a position of trust, power or authority, or any other similar act.
(2) Subsection 279.‍04(2) of the Act is repealed.

Critics claim that taking out that requirement will make it easier for police to charge third parties for the so-called “legitimate” work they may be involved with.

Opposition To S-224 Framed As “Protecting Rights”

Some of the “solutions” being proposed are:

  • Reject Bill S-224 in its entirety.
  • Decriminalize/legalize sex work.
  • Support non-carceral forms of safety, including decent and affordable housing for all, restorative and transformative justice initiatives, and community-based anti-violence programs geared toward preventing gendered violence and supporting survivors.
  • Invest in community initiatives run by and for people working in the sex industry that are non directive and based in human rights, and not focused on “exiting” sex work. Programs contingent on people stopping or “exiting” sex work or that have eligibility requirements fail to address the complexity of sex workers’ lives.
  • Invest in Indigenous community initiatives, migrant worker community initiatives, and youth based initiatives that furnish people with networks of community support that undercut the precarity and vulnerability that place people in vulnerable situations.
  • Ensure full and permanent immigration status for all in Canada, without exception.

Advocates who oppose Bill S-224 are quick to point out that sex work isn’t necessarily exploitative by nature. They then go on to demand housing for all, and immigration status for all.

Bill S-224 Opposed By Ford Government

Bizarrely, one of the strongest opponents is the Ontario Government, currently headed by Doug Ford.

Keep in mind, Ford had no problem spending endless amounts of money a few years back. He sent the police to shut down businesses, enforce stay-at-home orders, mask mandates, vaccine mandates, etc…. But his administration objects to changes of law that would make it easier to pursue human traffickers.

In their brief to Parliament, it’s lamented how the inevitable legal challenges would be wasteful, and a poor use of taxpayer money. It’s rationalized that because the current laws are constitutional, they don’t need to be tweaked.

Overall, this is a very strange hill to die on. One would think that special interest groups would be fighting for more aggressive laws to jail such people. Considering the focus on how much exploitation there is in immigrant and poorer communities, wouldn’t such changes be welcomed?

Sure, other groups sent in brief in support of S-224, but they’re not the concern.

It’s worth mentioning that organizations opposing this Bill receive taxpayer subsidies.

(1) https://www.parl.ca/legisinfo/en/bill/44-1/s-224
(2) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-224/third-reading
(3) https://sencanada.ca/en/senators/ataullahjan-salma/
(4) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=12111640
(5) https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20230612/-1/39495?gefdesc=&startposition=20230612164645
(6) Bill S-224 Brief Butterfly HIV Legal
(7) Bill S-224 Brief CASWLR
(8) Bill S-224 Brief Joint Criminologists
(9) Bill S-224 Brief Ontario Government
(10) Bill S-224 Brief Ontario Native Women
(11) Bill S-224 Brief Vincent Wong
(12) Bill S-224 Brief West Coast LEAF

Private Member Bills In PREVIOUS 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”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(10.3) Bill C-293: Lobbying Interests Behind Nathaniel Erskine-Smith
(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 C-390: Expanding Euthanasia Into PROVINCIAL Frameworks
(17) Bills C-398/C-399: Homeless Encampments, Immigration “Equity”
(18) Bill C-413: Prison Time Proposed For Residential School “Denialism”
(19.1) Bill S-210: Women’s Legal Action & Education Fund
(19.2) Bill S-210: Yukon Status Of Women Council Against Restrictions
(20) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(21) Bill S-243: Climate Related Finance Act, Banking Acts
(22) Bill S-248: Removing Final Consent For Euthanasia
(23) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(24) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

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“Posties” Get Screwed Over Again By Incompetent Counsel, Part 1

Last Spring, this site covered how hundreds of employees at Canada Post (a.k.a. The “Posties“) had been taken for a ride by their counsel. In the Fall of 2024, documents were filed indicating that at least some of them would be attempting to appeal.

For context, in the Fall of 2021, the workplace implemented the “vaccine mandates”. This required everyone to get multiple injections, or face the loss of their employment.

Being a unionized employer, the collective bargaining agreement specified a remedy: file a grievance. If things couldn’t get resolved, then the matter would go to arbitration, and that would be considered final. If the process was unfair or corrupted, then requesting a review may be an option.

Here, the Arbitration Panel sided with Canada Post, ruling that the mandates were a reasonable safety matter. Now, filing an Application for Judicial Review may could have worked, if they took that path.

However, the Posties retained a lawyer, Leighton Grey, who filed a Statement of Claim instead. Rather than challenging the fairness of the Arbitration, he commenced an Action. This was doomed to fail, at least with the company, as the union agreement explicitly prohibited it.

As for the Government of Canada, the Court said that there was enough of a separation between the Federal Government and Canada Post, a Crown Corporation, to hold them liable.

Furthermore, the Statement of Claim was lacking in the necessary information. As is common with Grey, he doesn’t plead the necessary facts (Rule 174) for each Plaintiff, which is required. Despite having nearly 300 Plaintiffs, the Claim was just 18 pages in length. The case was struck without an opportunity to refile.

It turns out that dozens of Plaintiffs wanted to appeal, but Leighton missed the deadline. Clients seemed to be under the impression that a challenge was coming, when none was. If the transcripts are to be believed, they were strung along for months.

In September of 2024, they get a new lawyer, Jason Gratl. While he could have brought a malpractice complaint against Grey — which would get clients some justice — he tries halfheartedly to salvage the lost cause of a case.

One would assume that Gratl would act urgently, given the nature of missing a deadline. However, he sits on a file for nearly 2 months, before bringing a Motion to extend time. It’s dismissed by Associate Justice John Cotter. He then brings another Motion, challenging the refusal.

Timeline Of Events In Arbitration

***It’s important to remember that this didn’t start with a lawsuit. It began with grievances and then arbitration. This matters as it relates to the lack of jurisdiction of the Federal Court.

September 2021: Canada Post announces that it will change the “vaccination” policy, requiring that all employees (and new hires) take the shots in order to be employed. It’s to take effect on November 26th, 2021.

October 26th, 2021 mandatory injection policy is formally approved.

November 15th, 2021: CUPW, Canadian Union of Postal Workers, files grievance against Canada Post’s new policy of requiring the injections in order to stay employed.

January 18th, 2022: Arbitration hearing is held over Canada Post’s policy requiring the injections of all employees. There would be several sessions over the coming months.

January 24th, 2022: Canada Post’s lawyer serves some 700 pages of material related to the arbitration hearings.

February 12th, 2022: Hearing date for arbitration related to Canada Post. Colin Furness, who works for the University of Toronto, testifies.

March 21st, 2022: Hearing date for arbitration related to Canada Post.

March 22nd, 2022: Hearing date for arbitration related to Canada Post.

April 5th, 2022: Final arguments were to be held for arbitration process.

April 27th, 2022: Arbitrator dismisses the grievance against Canada Post, saying that the injection requirement is “reasonable”.

Timeline Of Events In Federal Court Lawsuit

July 12th, 2022: Statement of Claim is filed with the Federal Court. It names: (a) Canada Post Corporation; (b) Her Majesty the Queen, as Elizabeth was Queen at the time; and (c) Attorney General of Canada.

July 18th, 2022: A Notice of Intention to Respond is filed.

November 3rd, 2022: Defendants send correspondence asking for case management, and to suspend normal timelines to file a Defence.

November 23rd, 2022: Associate Judge Catherine A. Coughlan is assigned to manage the case.

January 16th, 2023: Plaintiffs provide letter for dates for case management conference.

April 6th, 2023: Case conference is delayed until May 31st.

May 31st, 2023: Plaintiffs directed to file Amended Statement of Claim by June 15th.

June 19th, 2023: Plaintiffs file Amended Statement of Claim.

July 7th, 2023: Dates are set down for Defendants’ Motions to Strike (throw out the case), and the following deadlines were established. Worth mentioning, these kinds of Motions are done in many steps.

  • August 18th: Defendants serve (but not file) Notice of Motion, and any Affidavit evidence
  • September 15th: Plaintiffs serve (but not file) any Affidavit evidence
  • October 27th: Any cross-examinations on Affidavits is to have finished. This is similar to a Court setting, where a person gets asked about evidence that they submit. Failure to attend means evidence won’t be considered.
  • November 17th: Moving Party Defendants are to submit their Motion Records, which is a collection of documents. In Federal Court, it also includes the written arguments, or submissions
  • December 8th: Responding Plaintiffs to serve and file their Motion Record(s)
  • January 23rd-25th, 2024: Court to hear the Motions

July 10th, 2023: Lawyer for Canada Post contacts the Court and advises a lack of availability for the week in January when the hearing is to take place.

September 5, 2023: Even more Plaintiffs discontinue, or voluntarily leave the case. It worth mentioning that the Court history is filled with various Plaintiffs discontinuing. This is especially prevalent after the Motion to Strike is set out. Seems they realize that their case will go nowhere.

March 4th, 2024: Motions are eventually heard.

March 13th, 2024: Court releases reasons for striking the case.

March 13th, 2024: Order striking case is officially issued.

Note: All of the dates listed can be confirmed by searching the respective cases on the Federal Court website. It keeps a detailed listing of all significant events.

Timeline Of VERY Late Motion For Appeal Extension

APPEAL RULING FROM PROTHONOTARY JUDGE
Appeal Goes Where Federal Court Federal Court Of Appeal
Appeal Ruling To Single Judge (FC) Panel of Justices (FCA)
Rules of Procedure Rule 51 Rules 335 to 357
Time Limit For Notice 10 Days 30 Days
Initial Document Notice Of Motion Notice Of Appeal
Procedure Motion Appeal
New Evidence Allowed? No With Leave, Rule 351

Associate Justice Coughlan (a.k.a. a Prothonotary) is the one who struck the case. The 10 day time limit applies, meaning something would have to be filed by March 23rd, 2024.

7. The adverse order and reasons for judgment were issued by Associate Judge Coughlin on March 13, 2024 (the “Decision”). The Decision was provided to the plaintiffs by GWS LLP on March 14, 2024. The plaintiffs then immediately, on March 14, 2024, requested legal advice from GWS LLP on the merits of an appeal.

10. As of April 10, 2024, we believed that the deadline for appealing was 30 days from the date of the decision. Although I had suspected that the deadline might be 10 days from the date of decision in late March of 2024, our legal counsel first advised me in late April of 2024 that the deadline was 1O days from the date of decision.

11. On May 13, 2024, I requested an update from GWS LLP on how the appeal was proceeding. On June 6, 2024, I again requested an update from GWS LLP. On June 19, 2024, I again requested an update from GWS LLP. I am advised by Kim Priest that she repeatedly telephoned GWS LLP to ask for updates on the progress of the appeal and to urge GWS LLP to file the application to extend the deadline.

12. On July 4, 2024, I was advised by Mr. Farquhar, an associate lawyer at GWS LLP, that Ms. Trignani, another associate lawyer at GWS LLP, was no longer working at GWS LLP and she had been working on the appeal. Mr. Farquhar assured me on July 4, 2024, that he, Mr. Farquhar, was now personally working on the application to extend the deadline for the appeal and that it would be prepared shortly.

13. On July 17, 2024, I received application materials, and on July 22, 2024, I provided comments and again instructed GWS LLP to file the application. On July 26, 2024, Mr. Grey of GWS LLP advised that he would no longer be supervising the work on the appeal and that Mr. Farquhar of GWS LLP would be working on the file alone.

14. On September 4, 2024, Mr. Grey advised that Mr. Farquhar was no longer working at GWS LLP, and that Mr. Hershey, the lawyer at GWS LLP who was initially supposed to be working on the appeal under Mr. Grey’s supervision, no longer worked at GWS LLP and that no one else at GWS LLP was able to take on the appeal.

16. We found Grall & Company, a Vancouver-based law firm, in late September of 2024. We agreed in principle to retain Grall & Company to give advice on this appeal on September 22, 2024.

In paragraph 7 of her Affidavit, page 17 in the Motion Record, Karine Solakian states that many Plaintiffs sought advice immediately on the merits of an Appeal. She also states that she found out from Grey for the first time about the 10 day deadline well after it had lapsed.

***Neither Grey nor his assistants ever filed for an extension. Nor does it seem they ever notified the Defendants that an Appeal was in the works.

November 15th, 2024: Gratl files a Notice of Change of Solicitor. It’s unclear why he waited nearly 2 months to do anything.

November 15th, 2024: Gratl files a Notice of Motion, indicating Plaintiffs will be seeking an extension of time to appeal the March ruling. It’s been a full 8 months at this point. Given that it was an Associate Justice who struck the case, the deadline is a mere 10 days.

February 14th, 2025: Gratl files the Motion Record for clients.

February 27th, 2025: The Federal Government files their Responding Motion Record.

February 28th, 2025: Canada Post files their Responding Motion Record.

May 2nd, 2025: Associate Justice Cotter refuses the extension of time.

May 12th, 2025: Gratl brings another Motion, to challenge the refusal to grant an extension of time. This time, the 10 day time limit is met.

June 4th, 2025: The Attorney General of Canada files their Responding Motion Record.

Note: All of the dates listed can be confirmed by searching the respective cases on the Federal Court website. It keeps a detailed listing of all significant events.

The main concern for this latest Motion is whether or not the previous Motion (an extension of time) should have been refused. The Order cited a few major concerns: (a) lack of explanation for the delay; and (b) the length of the delay was “significant and prejudicial”. The delay was 234 days, over 7 months, of which 53 days were while Gratl was retained.

Interesting, it seems that Grey doesn’t actually do the legal work himself, he just farms it out to the hired help. More coming up in Part 2.

ARBITRATION:
(1) https://www.cupw.ca/sites/default/files/urb-ja-31-2022-ca-en.pdf
(2) Canada Post Collective Bargaining Agreement 2022
(3) Canada Post Arbitration update, February 2022 (removed)
(4) Wayback Machine Archive
(5) CUPW On Some Updates On Arbitration
(6) Wayback Machine Archive On Arbitration Updates
(7) https://www.cupw.ca/en/last-days-arbitration-vaccination-practice-grievance
(8) Wayback Machine Archive Of April 1st, 2022 Update
(9) https://www.cupw.ca/en/arbitrator-dismisses-grievance-against-canada-post%E2%80%99s-mandatory-vaccination-practice
(10) Arbitration Decision (Removed)
(11) Canada Post Arbitration Ruling Redacted
(12) Wayback Machine Archive Of Arbitration Decision
(13) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont

LITIGATION (CASE STRUCK):
(1) Canada Post Statement Of Claim (July, 2022)
(2) Canada Post Amended Statement Of Claim (June 7, 2023)
(3) Canada Post Order Timetable (July, 2023)
(4) Canada Post Defendants Motion Record (October, 2023)
(5) Canada Post Plaintiff Responding Motion Record (January, 2024)
(6) Canada Post Plaintiff Responding Motion Record CP (February, 2024)
(7) Canada Post Further Amended Statement Of Claim (February, 2024)
(8) Canada Post Decision Striking Amended Pleading (March, 2024)

LITIGATION (EXTENDING TIME TO APPEAL):
(1) Canada Post Notice Of Change Of Solicitor (November, 2024)
(2) Canada Post Affidavit of Karine Solakian (November, 2024)
(3) Canada Post Notice Of Motion (November 2024)
(4) Canada Post Applicants Motion Record Extension Of Time (February, 2025)
(5) Canada Post Motion Record Extension Of Time (February, 2025)
(6) Canada Post HMTK Motion Record Extension Of Time (February, 2025)
(7) Canada Post Order Refusing Extension Of Time To Appeal (May, 2025)

LITIGATION (APPEAL OF REFUSAL TO EXTEND TIME TO APPEAL):
(1) Canada Post Motion Record Appeal Refusal To Extend Time (May, 2025)
(2) Canada Post HMTK Written Submissions Appeal Time Extension (June, 2025)

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The Pham Case: NGOs Pushed For Foreign Criminals Having More Rights Than Canadians

A disturbing trend has been in the news lately. Recently, a series of cases were published where foreigners received unusually low sentences for criminal convictions, in order to avoid deportation. Since the 2013 Supreme Court ruling in Pham, there has been a requirement to view “immigration consequences” when handing down punishment.

What’s even more unsettling is how this came to happen. A foreign drug trafficker received a 2 year sentence on a Joint Submission (agreement), but seemed to have realized after the fact that it would mean deportation.

For context: under the rules at the time, non-citizens who received a jail sentence of 2 years (or more) were excluded from many appeal options to avoid deportation. Removal was pretty much automatic. However, those convicted and receiving lesser punishment still had more prospects of staying. This was later reduced to a 6 month limit.

Hoang Anh Pham was sentenced to 2 years in prison for drug possession, for the purposes of trafficking. On Appeal, he asked that it be reduced by a day, to avoid deportation. The Court of Appeal, in a split decision, rejected it. However, the Supreme Court of Canada granted Leave (permission) to hear the case, and then did allow it.

What likely tipped the scales was that several Intervenors (interested parties) made submissions to the Supreme Court of Canada. These were:

  • British Columbia Civil Liberties Association (Charity Page)
  • Canadian Association of Refugee Lawyers
  • Canadian Civil Liberties Association (Charity Page)
  • Canadian Council for Refugees (Charity Page)
  • Criminal Lawyers’ Association of Ontario

Various groups weighed in, asking the the Supreme Court require that Judges take immigration consequences into account when imposing sentences. How does this benefit actual Canadians? How does special consideration for foreign criminals create a better society?

Hoang Anh Pham Previously Convicted For Drug Trafficking

[2] The facts as disclosed at trial were that the appellant was involved in a three-stage marijuana grow operation consisting of 591 plants at various stages of growth. It was estimated that the value of this crop ranged from $461,718 (if sold by the pound) to $738,750 (if sold by the ounce). An additional 28 grams of marijuana was found in two freezer bags in the freezer compartment to the refrigerator on the main floor.

[3] At the subsequent sentencing hearing, the appellant’s prior criminal record was entered as an exhibit. It disclosed that on December 12, 2000 the appellant had been convicted of one count of failing to attend court (section 145(2)(a) of the Criminal Code), one count of trafficking in a scheduled substance (section 5(1) of the CDSA) and one charge of possession of a scheduled substance for the purpose of trafficking (section 5(2) of the CDSA). At that time, the appellant had received a sentence of one day in gaol on the first count and a three month conditional sentence order, concurrent, on each of the other two charges.

[4] At the sentencing hearing in this case, the appellant’s then counsel and Crown counsel urged upon the sentencing judge, by way of joint submission, a sentence of imprisonment for two years. The Crown cited as aggravating factors that the appellant had benefitted financially and that he had not learned his lesson from his previous encounter with the criminal justice system.

From the Alberta Court of Appeal, we can see that Pham was already a convicted drug trafficker when this sentence was handed down.

Prosecutors Complicit With Sentence Reduction

[32] Returning to the case at bar, the appellant has previously been convicted of three offences. In 2000, he was convicted of failing to attend court, trafficking in a scheduled substance, and possession of a scheduled substance for the purposing of trafficking. For the first offence, he was sentenced to one day in jail; he received a three month conditional sentence for the other two charges. Now there is the more recent drug- related conviction, which resulted in the two year prison term he asks us to reduce. Illegal drugs are a tremendous scourge on our society. The appellant’s repeated contribution to the problem, albeit modest in the large scale of things, would normally disqualify him from leniency. However, as the prosecution has consented to this appeal, I would agree to allow it with the caveat that in future cases, this relief will not be there simply for the asking.

In a dissenting opinion with the ABCA, Justice Martin mentioned that the prosecution had consented to the appeal, which would have reduced the sentence. So, even though he was argued that he “clearly hadn’t learned his lesson”, the Crown is still okay with reducing the sentence to help prevent deportation.

1. B.C. Civil Liberties Association

2. The BCCLA submits that failure to consider the immigration consequences of a sentence would deprive the court of information required to properly consider the relevant sentencing factors, and may result in a sentence which unjustly infringes an offender’s rights and freedoms.

3. Immigration consequences must be taken into account by a sentencing judge in order to ensure that the offender is not punished more than necessary. A permanent resident convicted in Canada and sentenced to two years or more is almost certain to face deportation. For many permanent residents, deportation will be the most punitive impact of their sentence. In order to ensure that sentences are consistent with the principles of proportionality and restraint, the BCCLA submits that immigration consequences are relevant personal circumstances which should be taken into account as part of the individualized sentencing assessment.

2. Canadian Council For Refugees

4. Given that a non-citizen who has been convicted of a criminal offence may face removal from Canada, it is the CCR’s submission that the judge imposing the sentence must take into account the impact that the sentence will have on the availability of remedies for the retention of status in Canada. This is based on the following reasoning:

9. Non-citizens whose human rights will be infringed by removal are entitled to have their interests considered by a competent, independent and impartial decision maker prior to removal. A scheme was created for consideration of such interests under the Immigration and Refugee Protection Act (IRPA). Relevant to this appeal, this obligation is met in the equitable appeal which is available to permanent residents and Convention refugees who face removal because of a criminal conviction but who have received a sentence of less than two years.

17. It is submitted therefore that a judge, exercising a judicial discretion in relation to the imposition of an appropriate sentence for a crime committed, ought to take into account the impact that the sentence will have on the availability to a non-citizen of a hearing which is fully in compliance with the principles of fundamental justice under s. 7 of the Charter in relation to that person’s status in Canada.

Of course, these aren’t anywhere near all of the filed documents. However, they do illustrate what the main concerns being raised are.

The Supreme Court also has the video of the hearing posted on its website, even years later. It’s worth a watch.

51:30: Canadian Association of Refugee Lawyers begins, and brings up the possible ineffective assistance of counsel argument.
1:02:00: Criminal Lawyers Association of Ontario begins.
1:08:00: British Columbia Civil Liberties Association begins.
1:13:41: Canadian Council for Refugees begins.
1:19:15: Canadian Civil Liberties Association begins.
1:38:30: Respondent (Government) begins.

While the Government (initially) asked that the case be remitted back to the Court of Appeal, at the hearing, they simply consented to the Appeal being allowed.

This should make Canadians’ blood boil. Registered “charities” are getting significant tax breaks while they try to implement caselaw to give preferential treatment to foreign criminals.

Conservative Bill A Trojan Horse?

At the risk of jumping to conclusions, consider a recent video from Michelle Rempel-Garner. She proposes a Private Member’s Bill to amended the Criminal Code. In her words, Judges “should not” be able to take immigration status into account. It’s at the 2:00 mark.

Should not?

How about cannot? Or must not? Or are prohibited from?

While this may come across as pedantic, this choice of wording would allow Judges to retain discretion as to whether or not they consider immigration status. There would merely be a recommendation against doing so, not an outright ban.

Does she not realize that every lawyer with a foreign convicted criminal for a client will be arguing that their case is exceptional?

We’ll have to see what happens.

COURT RULINGS:
(1) https://www.canlii.org/en/ab/abca/doc/2012/2012abca203/2012abca203.html
(2) https://www.canlii.org/en/ca/scc-l/doc/2012/2012canlii68768/2012canlii68768.html
(3) https://www.canlii.org/en/ca/scc/doc/2013/2013scc15/2013scc15.html

SUPREME COURT OF CANADA:
(1) https://www.scc-csc.ca/cases-dossiers/search-recherche/34897/
(2) Pham Factum Appellants Factum
(3) Pham Factum Respondents
(4) Pham Factum Appellants Reply
(5) Pham Factum BC Civil Liberties Association
(6) Pham Factum Canadian Association Of Refugee Lawyers
(7) Pham Factum Canadian Civil Liberties Association
(8) Pham Factum Canadian Council For Refugees
(9) Pham Factum Criminal Lawyers Association Of Ontario

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Time Barred? Was Vaccine Injury Class Action Filed Too Late?

Last Spring, news broke about a Proposed Class Action lawsuit filed on behalf of victims who had been injured or killed by Covid vaccines. Understandably, this was big news. Finally, someone would step forward and represent the members of the public, many of whom had no money for individual cases.

Who would be included in this lawsuit?

The Proposed Class
13. The members of the proposed class, hereinafter referred to as (“the Class” or “Class Members”), include:
a. All Canadians who have suffered death or serious injury due to receiving any of the COVID-19 vaccines approved in Canada;

Question #4 of the FAQ makes it clear that Quebec residents are excluded.

The Representative Plaintiff was to be Drue Taylor, an Alberta resident. She had publicly spoken out about the severe harms that had been inflicted on her. A logical choice.

However, more than a year later, there are concerns that have come up. First among them, was this case filed in time, or is it barred by the Statute of Limitations?

***To preface this article: It’s not meant to attack the victim. She is undoubtedly sincere in describing what she has gone through. The point is to ask hard questions about the lawsuit itself. There are many things that need to be answered.

Alberta Limitations Act Specifies 2 Year Time Limit

Section 3(1) of the Limitations Act of Alberta specifies that there is a 2 year timeframe from when the person knew (or ought to have known) to bring legal action, or a 10 year ultimate limit. There are a number of exceptions, but those mainly have to do with minors, or sexual assault.

Why this matters is because the Statement of Claim was filed on May 6th, 2024. Depending on when she knew (or ought to have known), this may be too late. A Judge would have to decide this. As Taylor is the only Representative Plaintiff, the suit would come to an end.

The Claim pleads virtually nothing about the Plaintiff, except this:

2. The Plaintiff, Drue Taylor (hereinafter “Taylor”), is the proposed class representative.

3. Taylor suffered permanent, chronic, and significant physical, psychological, and emotional harms, and other damages, after receiving each of her two COVID-19 vaccine doses.

4. The Plaintiff is 34 years of age with a husband and two children. Prior to 24 April 2021, Taylor worked as a professional massage therapist for humans and horses in addition to being a professional yoga trainer. She resides in St. Albert, Alberta.

Although the Claim offers very little information about Taylor, she did appear before the NCI (National Citizens Inquiry). Some important points to note:

  • Her first shot was April 24th, 2021
  • She had severe reactions almost immediately
  • Her second shot was January 8th, 2022
  • She had far worse reactions immediately after this shot
  • She was diagnosed with POTS (Postural Orthostatic Tachycardia Syndrome) in “April or May of 2022”

Why does this matter? Because any moderately competent lawyer will at least try to argue that the case is time barred, and get it dismissed. During her NCI testimony, Taylor makes it clear that she strongly suspected even in 2021 that it was the vaccines.

At a minimum, a disclaimer should have been included when asking for donations.

$2,000,000 Sought To “Take Case To Trial”

According to the FAQ (Frequently Asked Questions) page about this case, it’s expected that it will cost approximately $2 million to take the case to Trial. It’s implied that it will cover legal costs, hiring of expert witnesses, etc…. See archive. That is a lot of money.

Of course, that raises an obvious question: what happens to any leftover funds if it’s quickly settled, or thrown out on a preliminary challenge? While the 2 year deadline is definitely a concern, it’s not the only one Taylor may face.

Or worse: what happens if the case is not pursued diligently?

Complete Lack Of Activity Since Lawsuit Filed

Thankfully, we don’t have to rely on lawyers to report on what has been happening. Alberta, like all Courts, allow records of the proceedings to be accessed by members of the public. And the result is not encouraging.

May 6th, 2024: Statement of Claim is filed.

October 30th, 2024: The case officially became “managed” by the Court.

November 12th, 2024: An upcoming hearing was cancelled.

We are now into July, 2025.

That is the entire case. Even if the Statute of Limitations wasn’t a concern, nor the poor pleadings, there has been no real effort to advance the suit for 14 months. No Defences have been filed, or any sort of preliminary challenge.

***Again, this isn’t to take a swipe at Taylor. However, prospective donors and clients should be informed about what they are being asked to contribute to.

This Site Threatened Again With Litigation

In what shouldn’t be that surprising, yet another “freedom lawyer” is threatening to sue over unfavourable coverage of their anti-lockdown cases.

It wouldn’t be the first time, and probably not the last.

The main criticism appears to be that the overall impression of the articles is misleading. Supposedly, these cases weren’t abandoned, but settled. Considering that many involve unionized employers — and hence, no jurisdiction — that seems unlikely. Then there’s the issue of the defective pleadings themselves.

One of the “discontinued” cases was a Proposed Class Action filed in Manitoba. It was dropped before the Certification process even began. Another 2 were dropped before the suits were even served.

Then there’s the Canada Post disaster. Instead of filing an Application for Judicial Review, and possibly getting the Arbitration overturned, a Statement of Claim was filed. This resulted in it being struck for lack of jurisdiction.

Admittedly, Defendants can, and often do, agree to waive costs in return for having Plaintiffs discontinue their cases. That could easily have happened to at least some of the ones here. Technically, it’s considered a settlement. That being said, it hardly seems like “winning”.

In any event, if counsel want to take this approach, he knows where to serve the Statement of Claim.

COURT DOCUMENTS:
(1) Taylor Statement Of Claim
(2) Taylor Statement Of Claim Filed
(3) Taylor Frequently Asked Questions
(4) Taylor Case History July 2025

LIMITATIONS ACT:
(1) https://www.canlii.org/en/ab/laws/stat/rsa-2000-c-l-12/

NCI Testimony:
(1) https://rumble.com/v3p2492-drue-taylor-vaccine-injury-develops-pots-red-deer-day-2-national-citizens-i.html?e9s=src_v1_s%2Csrc_v1_s_o

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Military Veterans’ Injection Pass Case: Idiot Lawyer Sends Notice Of Appeal To Wrong Court

Just when you think a lawyer couldn’t be any dumber, you are unpleasantly surprised.

This is a follow-up on the Qualizza case, the military veterans’ injection pass lawsuit. Some 330 members and former members of the Canadian Armed Forces sued over the requirement to get the shots. The case is turning into a regular content generator, and for all the wrong reasons.

The Notice of Appeal will be explained in more detail later.

See parts 1, 2, 3 and 4 for background on the case.

Perhaps even more absurdly, the lawyer, Catherine Christensen, practiced family law for much of her career. She seems horribly out of her league here.

The case is currently before the Federal Court of Appeal. It had been struck by an Associate Judge, with a subsequent Judge refusing a request to extend time for an initial Appeal. Another Judge ordered costs over an unnecessary Motion to determine the contents of an Appeal Book. More recently, another Judge ordered costs for a Notice of Discontinuance being filed without clients’ knowledge or consent.

Now, Christensen is unhappy with the ruling that she acted in a “high handed and inappropriate” way. So, she’s set to challenge to Order, which set aside the Notice of Discontinuance.

But according to Court records, she attempted to file a Notice of Appeal. That’s right, she wants to appeal an Order of the Federal Court of Appeal, and sent the Notice …. to the same Court. She seems not to understand that you can only appeal to a higher level.

Christensen doesn’t seem to grasp the difference between:
(a) Commencing a proceeding: Claim, Application, Appeal, etc….
(b) Taking steps within the existing proceeding: typically with a Motion

Perhaps she meant to file a Motion to have that last Order reviewed, but it’s unclear. In any event, she was told that in order to appeal, she must ask for Leave (permission) from the Supreme Court of Canada.

This idiot is trying to appeal to the wrong Court.

Keep in mind, none of this helps any of her clients advance their case against the Federal Government. Nothing here helps overturn A.J. Coughlan’s decision to strike, or Justice Manson’s refusal to grant an extension.

But first, problems with the lawsuit shouldn’t be a surprise to Christensen.

The Neri Decision: Christensen Knew Claim Would Be Struck

An Application filed in late 2021 sought to prevent several members of the Canadian Armed Forces from facing consequences for refusing the injections. An Interlocutory Injunction was sought, with the plan to get a permanent one later. The case was tossed, because Section 29 of the National Defence Act specified a grievance scheme for members of the military to use.

The case was discontinued in January 2022.

The point is: Christensen knew in advance of filing the Qualizza case that it would very likely be struck for lack of jurisdiction. It seems doubtful that current clients were aware of this case.

Not only was Christensen aware of jurisdiction issues, but the Statute of Limitations should have been fresh in her mind as well. September 2024, she lost another case, Tondreau, in Federal Court. A major part of the ruling was her filed the Notice of Application well after the 30 day deadline.

Qualizza Case Struck Without Leave To Amend

Associate Judge Catherine Coughlan struck the case in November 2024, and without Leave to Amend. This meant there was no permission to fix and refile. While lengthy, the decision centered on 2 main issues.

First: The Statement of Claim lacked a lot of the necessary information. When making Charter Claims, it’s required to plead certain facts and details about each Plaintiff. While there was background information on each of them, nothing was pleaded about the specifics of the torts themselves.

Second: The Court refused to take jurisdiction of the case over s.29 of the National Defence Act This was the exact issue explained to Christensen in Neri. Not only was the grievance system required, but over 100 Plaintiffs either had or were actively grieving.

Because Coughlan was an Associate Judge (Prothonotary), and not a regular Judge, there’s a different process to appeal. More importantly, there’s a much shorter time limit.

Christensen Missed Deadline For First Appeal (Rule 51)

The case was originally struck by Associate Justice Coughlan. Christensen filed a Motion under Federal Court Rule 51 to have it reviewed. Or at least, she was supposed to. She missed the deadline by nearly 3 weeks, and bungled an attempt to ask for an extension of time. And to clarify:

APPEAL RULING FROM PROTHONOTARY JUDGE
Appeal Goes Where Federal Court Federal Court Of Appeal
Appeal Ruling To Single Judge (FC) Panel of Justices (FCA)
Rules of Procedure Rule 51 Rules 335 to 357
Time Limit For Notice 10 Days 30 Days
Initial Document Notice Of Motion Notice Of Appeal
Procedure Motion Appeal
New Evidence Allowed? No With Leave, Rule 351

Because an Associate Judge (Prothonotary) struck the case initially, it could be reviewed by filing a Motion. Challenging a Judge’s decision would have required going to the Federal Court of Appeal. But Christensen screwed up the Appeal big time. Not only was she late, but:

  • The reason for prolonged inaction wasn’t really convincing
  • Christensen invoked the wrong Rule (51, instead of 8) asking for extension
  • Christensen asked for a Motion “in writing” but cited a Rule that applied to the Federal Court of Appeal
  • Christensen asked for “Leave” to appeal when it wasn’t required
  • Christensen improperly swore out her own Affidavit (breaks Rule 82)
  • Christensen didn’t clarify Plaintiffs “always intended” to appeal
  • Christensen didn’t explain how an Appeal may be successful

The specific errors were covered extensively in a previous article. An extension was refused.

Just as with Tondreau a few months earlier, Christensen missed the deadline to file, and never really offered a convincing explanation of why that was the case.

Christensen Doesn’t Understand What’s Being Appealed

After Justice Manson refused to extend time in the Federal Court, Christensen filed Notice of Appeal in the Federal Court of Appeal. But there’s already a serious problem.

The Notice asks that the original Order of A.J. Coughlan be set aside and that the case be allowed to proceed. That may be fine as additional Relief being sought.

However, the Notice doesn’t challenge Justice Manson’s decision to refuse an extension of time. The most immediate problem is that the Plaintiffs/Appellants are time-barred into going further, unless that is overturned. In the “grounds” section, it’s shrugged off as procedural error. Again, without being challenged.

She also asks for Leave to file the Notice of Appeal. This doesn’t make any sense, as this is the Notice, and it’s already been filed. And it gets worse from here.

Determining Contents Of Appeal Book

The Federal Court of Appeal differs from its Provincial counterparts in a significant way. Specifically, it requires the Appellants to either: (a) get consent as to the contents; or (b) file a Motion to have a Judge determine it.

For a recent example of what a consent looks like, see the Payne Appeal.

Christensen chose Option “B”, while the Government responded that this was entirely unnecessary.

Justice Rennie agreed that this could have been resolved on consent.

(b) No argument is advanced by the appellants why the materials that were before the Associate Judge but not before Manson J., ought to be before this Court;

(c) Rule 343(2) requires parties to an appeal to include in an appeal book “only such documents, exhibits and transcripts as are required to dispose of the issues on appeal”. Although the Rule 343(2) test is a flexible one, a document should be included in the appeal book “only if there is a reasonable basis for concluding that it is required to dispose of an issue on appeal”

This highlights Christensen’s lack of understanding of what she’s doing. She’s appealing Justice Manson’s refusal to extend time to allow that Rule 51 Appeal. As such, only the few documents that were before him would be considered by this Court.

Christensen “Discontinued” Without Clients’ Knowledge Or Consent

Christensen’s clients were apparently unhappy with her mediocre legal services, and many refused to pay additional money to her “non-profit”. Consequently, she filed a Notice of Discontinuance of their behalf.

Procedurally though, this cannot be done.

One client, Mark Lolacher, took it upon himself to file his own Motion to set aside the Notice, and to be reinstated. He also accused Christensen of misconduct. The Government lawyer offered a suggestion allow Lolacher to remain, but as a self-represented litigant. Surprisingly, Christensen opposed the Motion.

Ultimately, Justice Locke ordered Lolacher’s reinstatement as an Appellant, and $2,000 for the “high handed” treatment he had received. The reasons were scathing, although misconduct allegations were to be deferred to the Law Society of Alberta.

The Judge also mentioned 2 practical solutions. Christensen could be replaced as counsel, under Rule 124, or she could file a Motion to withdraw as counsel, under Rule 125. Neither happened, and she apparently got her own lawyer. Keep in mind, bickering and fighting with clients doesn’t advance the vaccine passport case at all. Remember, this was supposedly the reason for the lawsuit in the first place.

As a humourous aside: Lolacher is the only Plaintiff/Appellant in this case have actually won a Motion. Christensen has racked up loss after loss, and all at her clients’ expense.

Christensen Apparently Has Her Own Counsel

The Court filings are admittedly just a small part of what’s been going on. Still, it’s fair to say that things have further deteriorated.

According to further correspondence from Mark Lolacher, Christensen isn’t following Justice Locke’s Order in good faith. She keeps misrepresenting a procedural Motion as “suing the other Appellants”. Now, she apparently has her own counsel…. while still representing all (or some?) of the clients. It’s a mess. Will clients now be billed for 2 lawyers?

Christensen is apparently unwilling to accept Justice Locke’s decision reinstating Lolacher. Instead of taking a reasonable alternative, she tries to file a Notice of Appeal…. to the same Court.

Have to wonder who came up with the idea: Christensen, or her new “counsel”? In any event, the Federal Court of Appeal refused to file the Notice, since procedurally, it would have to go to the Supreme Court of Canada. Actually, the SCC would have to agree to hear it first, with an Application for Leave. The staff at the Courts apparently know the Rules better than either of these lawyers.

Again, none of this helps any of their clients.

It’s hard to believe that a licenced lawyer can actually be so bad at what she does. Sure, this could all be deliberate sabotage, but it’s so poorly done that it strains all belief.

It seems that Law Societies will allow anyone to practice, even a potted plant.

FEDERAL COURT/CLAIM STRUCK:
(1) Qualizza Statement Of Claim June 2023
(2) Qualizza Amended Statement Of Claim July 2023
(3) Qualizza Statement Of Defence September 2023
(4) Qualizza Reply To Statement Of Defence September 2023
(5) Qualizza Defendants Motion To Dismiss Claim July 2024
(6) Qualizza Plaintiff Motion To Strike Written Submissions August 2024
(7) Qualizza Order Striking Statement Of Claim Without Leave November 2024

FEDERAL COURT/RULE 8 MOTION TO EXTEND TIME/RULE 51 APPEAL:
(1) Qualizza Plaintiffs Motion To Extend Time To Appeal December 2024
(2) Qualizza Defendants Respond To Motion To Extend Time To Appeal December 2024
(3) Qualizza Order Denying Extension Of Time January 2025
(4) Qualizza Federal Court Notes

FEDERAL COURT OF APPEAL/CONTENTS OF APPEAL BOOK:
(1) Qualizza Notice Of Appeal January 2025
(2) Qualizza Motion Record Contents Of Appeal Book February 2025
(3) Qualizza Responding Motion Record Contents Of Appeal Book March 2025
(4) Qualizza Order Contents Of Appeal Book April 2025

FEDERAL COURT OF APPEAL/MARK LOLACHER REINSTATEMENT:
(1) Qualizza Notice Of Discontinuance January 2025
(2) Qualizza Lolacher Motion Record March 2025
(3) Qualizza Lolacher A.G. Responding Motion Record March 2025
(4) Qualizza Lolacher Christensen Responding Motion Record March 2025
(5) Qualizza Lolacher Order For Reinstatement May 2025
(6) Qualizza Lolacher Reasons For Reinstatement May 2025

FEDERAL COURT OF APPEAL/VENDETTA AGAINST LOLACHER:
(1) Qualizza Lolacher Letter To Court May 2025
(2) Qualizza Federal Court Notes FCA

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What Max Really Means With “The U.N. Is Dysfunctional” Sales Pitch

With the upcoming Federal election just days away, let’s dig a little bit into an old slogan.

Specifically, it’s the expression that “the United Nations is dysfunctional”. It’s something Maxime Bernier has said many times over the years, although the justifications have changed.

According to Bernier in his 2016/2017 CPC leadership race, this is the reason he stated that the United Nations was dysfunctional:

I won’t aim to please the foreign affairs establishment and the United Nations — a dysfunctional organisation which for years has disproportionately focused its activities on condemning Israel. Instead, I will ensure our country’s foreign policy will be refocused on the security and prosperity of Canadians.

Keep in mind, Bernier was Foreign Affairs Minister from 2007 to 2008. His job was to be up to date on what was happening internationally. Sure, there are many reasons that the U.N. could be viewed as dysfunctional. However, the only one he gave was that it spent too much time criticising Israel.

And why was the United Nations regularly condemning Israel? For continued expansion in the Middle East, and of violating various ceasefire agreements, among other things. The various resolutions are publicly available.

This isn’t a “Canada first” approach to foreign policy. It’s Bernier telling the U.N. to shut up about what’s going on in the region. It’s probably a very popular position in mainstream conservative circles.

Here’s the more recent, cleaned up version from the PPC website:

Over the past several years, Canada has signed many UN treaties, accords and compacts on issues ranging from global warming to migration and sustainable development, that tie us to the globalist agenda. The United Nations is a dysfunctional organisation where non-democratic countries, because of their large numbers, have the most influence. This leads to ridiculous situations. For example, several of the member states on the UN Human Rights Council are among the worst human rights offenders in the world. As one country among almost 200, Canada has no interest in seeing the UN grow into a more powerful, quasi-world government.

It certainly is ridiculous that some of the worst human rights offenders are part of the Human Rights Council. No sensible person would dispute that. That being said, it wasn’t enough of a concern when he ran for the CPC leadership to even put in his platform.

He likely realized it would be too hard to “sell” himself as a populist with the old version, so it needed to be amended.

And as for a quasi-world government, it’s strange that he seemed to have no idea what was happening under his nose in 2007. Again, he was the Foreign Affairs Minister.

His current stance is to rail against “neocons” who see nothing wrong with engineering regime change in places such as Ukraine. On the surface, there’s nothing to disagree with here.

Economic sanctions against Russia were a geopolitical blunder on the West’s part that backfired. They destabilized the global economy, and pushed the Russians into the arms of the Chinese. There is no reason to treat Russia as our enemy. The war did not start with Russia’s invasion of Ukraine in 2022, but when the neoconservatives in the US and their allies in Ottawa and European capitals engineered the regime change in Ukraine in 2014. It could have been avoided if NATO had not tried to encircle Russia and had given Putin assurances that Ukraine would never join it as a member.

However, some consistency would be nice.

Bernier voted to extend Canada’s commitment to war in the Middle East in 2006, and again in 2008. Apparently, he had no issue with prolonging our role in a foreign conflict and regime change. He’s against neocons and warmongers, except when he’s acting as one of them.

He’s extremely vague about what “our values” are as Canadians, and mostly refuses to specify what kinds of groups should be excluded from this country. There is one exception, what he calls “radical Islam”.

There are also some double standards surrounding free speech and political influence. Conservatives railed against Iqra Khalid’s Motion, M-103, which resulted in money being spent to combat Islamophobia. But they were supportive of Bill C-250, which jails people for Holocaust denial. And while Trudeau (rightfully) took flack for his trip to Aga Khan’s island, those same conservatives participate in taxpayer funded trips to Israel. Sure, China is a danger, but it’s hardly the only one.

Then there’s the issue of supporting Bill C-16, compelled speech for gender pronouns.

While Bill C-63 (Online Harms Act) was justifiably criticized, there’s silence on some of the foreign lobbies who are pushing for it. See here and here. If free speech is going to be gutted, there needs to be an honest and frank discussion about where it’s coming from.

Why does all of this matter? Because the whole “populist” narrative comes across as completely fake. It gives off the vibes of someone just going through the motions, for $104,000 per year.

***Edit: Bernier also voted for Tony Clement’s Motion condemning BDS (ban, divest, sanction) actions that would be directed at Israel. This hasn’t happened with any other foreign country.

There are, of course, the usual concerns about the lack of a constitution, or a genuine leadership race. Recently, Max bought a retirement home in Florida, and appears to live there. But even if PPC were a real party, who would be influencing it?

(1) Wayback Machine Link To Bernier’s Website
(2) https://www.peoplespartyofcanada.ca/issues/foreign-policy
(3) https://www.ourcommons.ca/Members/en/votes/39/1/9
(4) https://www.ourcommons.ca/Members/en/votes/39/2/76
(5) https://www.ourcommons.ca/Members/en/votes/42/1/237
(6) https://www.ourcommons.ca/Members/en/votes/42/1/126
(7) https://ciec-ccie.parl.gc.ca/en/publications/Pages/SponsoredTravel-DeplParraines.aspx
(8) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=610896
(9) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=607729
(10) https://www.cbc.ca/news/politics/peoples-party-canada-maxime-bernier-1.5695908
(11) https://www.ourcommons.ca/members/en/votes/42/1/14

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