Category: Subversion

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Review Of Westjet Injection Pass Lawsuit, Dropped In April 2023

Countless times in the last few years, we come across announcements about lawsuits being filed to challenge so-called injection passports. There’s initially plenty of hope and optimism that meaningful results will force Governments to change their ways. And a suit filed against Westjet in the Fall of 2022 was one such example.

The suit named:

  • His Majesty The King in Right of Canada
  • Attorney General of Canada
  • Westjet Group Inc.
  • Westjet Airlines Ltd.
  • Westjet Encore
  • Westjet Vacations Inc.
  • Swoop Inc.

These announcements are typically followed up with requests for donations, or solicitations for more clients, and more fees. There’s never really “enough” money.

But all too often, there won’t be any new reporting.

This is usually because they’re quietly dropped. And that’s exactly what happened here.

Shoddy Claims Being Recycled In Federal Court

The Westjet lawsuit should look familiar. It was filed by Leighton Grey of the firm Grey Wowk Spencer. It’s one of many filed in recent years that went absolutely nowhere.

(a) Canada Post: struck in March 2024
(b) Canadian National Railway: discontinued in June 2023
(c) Purolator, discontinued in April 2023

Grey has been in the press many times since 2020, often for filing a high profile lawsuit. That said, rarely does anything ever come of it. These cases are typically struck or discontinued (dropped).

And here, “The Discontinuer” is at is again.

Once Again, No Material Facts Or Particulars Pleaded

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

Regular readers will have heard the terms “pleading facts” and “pleading particulars”. While the numbering systems differ, the Rules are the same across Canada. In short, there must be enough detailed information in a lawsuit that the opposing side is able to understand, and respond.

JURISDICTION PLEAD FACTS PLEAD PARTICULARS
Federal Court Rule 174 Rule 181
British Columbia Rule 3-1(2)(a) Rule 3-7(17)
Manitoba Rule 25.06(1) Rule 25.06(11)
Ontario Rule 25.06(1) Rule 25.06(8)
Nova Scotia Rule 38.02(2) and (3) Rule 38.03(3)

One of the reasons Grey’s claims are typically so short is that he rarely pleads any facts. Despite having over 100 Plaintiffs, the suit is less than 25 pages. Once again, there’s no specific information about any Plaintiff, other than they are/were employees of Westjet. There’s nothing about:

  • Who is a current employee v.s. who left?
  • Who had no shots, 1 shots, 2 shots, or more?
  • Who worked remotely v.s. who worked in person?
  • Who got any sort of severance pay?
  • Who (if anyone) was subject to any bonus or performance contract?
  • Were there different unions, and any overlapping, or different policies?
  • Who raised which specific objection to taking the injections?
  • Who attempted which type of exemption method?
  • Which specific religious objections (for those who invoked it) applied and how?
  • Who went to grieve with their union?
  • What were the results of any internal grievance?

This isn’t to defend the policy at all. However, from a due process perspective, there’s so little information contained that it’s impossible to defend against. Basic information must be pleaded for each Plaintiff. Grey includes none of it.

None of the Charter violations are pleaded properly either. While (initially) the Court is to accept everything as true, there is very specific information that must be alleged to make it possible to advance.

There’s also a lack of particulars. The suit makes all kinds of allegations of malice, bad faith, and malfeasance of public office, but doesn’t spell out any of it.

The Claim and Amended Claim include allegations which a Civil Court doesn’t have jurisdiction over, such as relying on the Criminal Code of Canada.

Looking at the: (a) Canada Post; (b) CNR; (c) Purolator; and now (d) Westjet pleadings, it’s clear that it’s the same suit just tweaked a little. Grey merely changes the names in the Style of Cause (the Parties) and refiles elsewhere.

Clients are paying (presumably) good money for recycled garbage.

Westjet Has Collective Bargaining Agreement For Employees

Westjet employees appear to be part of CUPE Local 4070, which is one of many unions. Unsurprisingly, there is a collective bargaining agreement which outlines most of the important things involved.

Article 30 lists the various steps involved, and the people who are involved. Like many unions, Arbitration and not litigation, is considered to be the final one. Article 31 then goes through the process itself.

Grey discontinued the case rather than have the jurisdiction challenged. He has done this with multiple lawsuits now.

Now, Umar Sheikh and Angela Wood showed a way around the grievance requirement in another Federal case. Specifically, they argued that the introduction of the injection pass was a new condition imposed “without meaningful consultation”. Basically, the way mandates were implemented circumvented the grievance process. They successfully stopped a Motion to Strike.

Perhaps Grey could have done the same.

Timeline Of Major Events In Case

October 4th, 2022: Statement of Claim is filed.

November 17th, 2022: Defence files Notice of Intent to Respond.

November 20th, 2022: Case management is ordered.

November 21st, 2022: Amended Statement of Claim is filed.

December 5th, 2022: Plaintiffs (a) Erin Shannon; (b) Tara Mainland; (c) Jennifer Masterman all send in Notices of Discontinuance.

December 8th, 2022: Plaintiff’s lawyer (Grey) submits letter with proposed timetable.

February 28th, 2023: Court orders case management conference on March 13th, 2023.

March 13th, 2023: Conference discusses options of discontinuing overall, or setting timetable to file materials for Motion to Strike.

April 12th, 2023: Lawsuit is discontinued.

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.

And that’s how this Westjet case concluded.

The Government (and the Westjet Defendants) threatened to bring Motions to Strike. The likely reasons were the lack of jurisdiction, and the shoddy nature of the pleadings. Rather than fight, the lawyer dropped the case. He never even tried to fight back.

Before even a single Motion could be argued, the entire lawsuit was discontinued. Plaintiffs are presumably out of luck for any retainer fees they’ve paid.

WESTJET DOCUMENTS:
(1) Westjet Statement Of Claim October 2022
(2) Westjet Amended Statement Of Claim November 2022
(3) Westjet Order Timetable December 2022
(4) Westjet Notice Of Discontinuance April 2023

UNION DOCUMENTS:
(1) https://www.cupe4070.ca/collective-agreements
(2) Westjet CUPE 4070 Collective Bargaining Agreement

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5th Galati Pleading Struck As “Abuse Of Public Resources”, $190,000 Costs Ordered In Dorceus

[53] I have the distinct impression from reading the Amended Claim as a whole that its object is not to vindicate the employment rights of the plaintiffs so much as it is to mount a political crusade in which the court will be used as a grandstand to conduct an inquiry into the effectiveness of vaccines and the effectiveness of government measures in response to the Covid-19 pandemic by opponents of those measures.

[154] …. If this was not clear from the outset, it should have become clear by the time the British Columbia Supreme Court, the British Columbia Court of Appeal, the Federal Court, and the Federal Court of Appeal struck out similarly drafted statements of claim prepared by the same lawyer. While the interests of a free and democratic society may warrant leeway with respect to the pursuit of unconventional claims at the outset, when such claims continue to be pursued after being struck out by four courts, they amount to an abuse of public resources.

[157] …. Plaintiffs’ counsel is a sole practitioner with a different cost structure than that of counsel for the Non-Governmental Defendants and that this is the fifth time that Plaintiffs’ counsel has litigated a motion to strike with respect to a claim of this nature. I expect having done this four times before, that there were significant cost efficiencies for Plaintiffs’ counsel, especially with respect to the factum.

-Justice Koehnen, Ontario Superior Court Judge

This week, 473 Plaintiffs, who are current and former health care workers, saw their Statement of Claim struck completely. This was partly because it was so poorly crafted, but also because most had collective bargaining agreements which prohibited lawsuits. Of those litigants, 395 belonged to some sort of union, while the other 78 did not. They had been employed all across Ontario.

If this sounds familiar, it should. It’s yet another scam lawsuit that has come crashing down on duped litigants. And this will cost them $190,000 for doing so.

Interestingly, one Plaintiff decided to retain a real lawyer and have a proper Claim drafted. That person was given permission to file. More on that later.

Previous Critique On Galati Case Aged Very, Very Well

Back in July, this review was posted about the numerous defects in the Statement of Claim. And as predicted, jurisdiction was a fatal law, at least for the unionized Plaintiffs.

While the Statute of Limitations wasn’t really a concern of the Court here, it may be if Plaintiffs decide to try their luck elsewhere. However, every other item on this list made its way into Justice Koehnen’s ruling in some form.

  1. Failure To establish Jurisdiction of the Court
  2. Failure to seek Relief within Jurisdiction of the Court
  3. Failure to plead concise set of material facts
  4. Failure to keep evidence out of Claim
  5. Failure to remove argument from Claim
  6. Failure to plead facts which would support conclusions of law
  7. Failure to give Claim particulars
  8. Failure to specify who should pay damages
  9. Failure to properly plead s.2 (fundamental freedoms) Charter breaches
  10. Failure to properly plead s.6 (mobility rights) Charter breaches
  11. Failure to properly plead s.7 (security of the person) Charter breaches
  12. Failure to properly plead s.15 (equality) Charter breaches
  13. Failure to properly plead tort of intimidation
  14. Failure to properly plead tort of conspiracy
  15. Failure to properly plead tort of malfeasance
  16. Failure to state a Cause of Action
  17. Failure to appreciate Statute of Limitations
  18. Claim just a duplicate of other cases

Perhaps most notably, the Court finally called Galati out for recycling his earlier cases. It’s long overdue for this to happen.

Galati Called Out For REPEATEDLY Wasting Court Resources

(1) British Columbia Supreme Court (Justice Ross)
Action4Canada v British Columbia (Attorney General), 2022 BCSC 1507 (CanLII)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html

(2) British Columbia Court of Appeal (Justices Marchand, Dickson, Voith)
Action4Canada v. British Columbia (Attorney General), 2024 BCCA 59 (CanLII)
https://www.canlii.org/en/bc/bcca/doc/2024/2024bcca59/2024bcca59.html

(3) Federal Court of Canada (Justice Fothergill)
Adelberg v. Canada, 2023 FC 252 (CanLII)
https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html

(4) Federal Court of Appeal (Justices Gleason, Boivin, LeBlanc)
Adelberg v. Canada, 2024 FCA 106 (CanLII)
https://www.canlii.org/en/ca/fca/doc/2024/2024fca106/2024fca106.html

Now we have this gem, the 5th pleading to be struck:

(5) Ontario Superior Court of Justice (Justice Koehnen)
Dorceus v. Ontario et al., 2024 ONSC 7087 (CanLII)
https://www.canlii.org/en/on/onsc/doc/2024/2024onsc7087/2024onsc7087.html

Worth noting: Justice Chalmers of the Ontario Superior Court weighed in a year ago when CSASPP was sued for defamation. He dismissed that case under anti-SLAPP laws, and awarded $132,000 in costs. He was scathing in his decision.

[74] In the e-mail to Mr. Dicks dated January 29, 2022, Mr. Gandhi supported the statement with hyperlinks to support the statements. The statements made in the FAQ are also supported by hyperlinks that provides that factual support for the statements. The statements made in the e-mail to Mr. Dicks and in the FAQ, that the Plaintiff has been criticized by the courts in other cases, is supported by the following decisions: Sivak v. Canada, at para. 55, Galati v. Harper, at para. 35, Da Silva Campos v. Canada, at para. 12, Wang v. Canada, 2016 FC 1052, at para. 31, and Al Omani v. Canada 2017 FC 786, at para. 94-95.

[75] In the e-mail to Mr. Dicks, Mr. Gandhi states that lawyers who reviewed the Ontario claim, “said it was very poorly drafted” and “will most likely get struck”. I am of the view that there is justification for this comment. The Ontario pleading is prolix and argumentative. The claim advances pseudo-legal concepts and conspiracy theories that the pandemic was pre-planned and executed by the WHO, Bill Gates, the World Economic Forum and unnamed billionaires and oligarchs. The similarly drafted A4C claim was struck by Justice Ross. In doing so, he described the pleading as “bad beyond argument”.

[88] Here, the action commenced in Ontario by the Plaintiff is prolix and contains bizarre conspiracy theories. The action he commenced in British Columbia is similar. I am of the view that “what is really going on” in this case is an attempt by the Plaintiff to stifle public criticism about a class action claim that is not properly pleaded and improperly asserts bizarre conspiracy theories that are ineffective and have little or no chance of success.

Factoring in Justice Chalmers, 10 different Judges in 6 separate Court hearings have made determinations that this type of litigation is frivolous, an abuse of the Court system, improperly pleaded, and has little to no chance of success.

Keep in mind, this list would be a lot longer, if not for several cases that were dropped. These include: (a) Vaccine Choice Canada; (b) Katanik / Take Action Canada; (c) Children’s Health Defense Canada; and (d) Sgt. Julie Evans / Police on Guard.

Arbitration/Grievance Requirement Bars Unionized Workers

[13] The plaintiffs’ core complaint is that their employment was suspended or terminated as a result of their employer’s COVID-19 vaccination policy. Suspension and termination are core elements within the jurisdiction of labour arbitrators under the labour relations regime. The fact that the plaintiffs also go on to characterize their claims as ones for conspiracy, intimidation, intentional infliction of mental anguish and breach of the Charter does not change the analysis. All of those complaints remain rooted in the employment relationship and its suspension and termination.

Despite attempts to frame this (Dorceus) as conspiracy, intimidation, and a variety of other torts, Justice Koehnen stated that this is really about litigants having their employment conditions altered to require these vaccines. This was essentially constructive dismissal.

This finding was fatal to the unionized Plaintiffs, who were barred from the Courts.

Once Again, No Material Facts Or Particulars Pleaded

Rules of Pleading — Applicable to all Pleadings
Material Facts
.
25.06 (1) Every pleading shall contain a concise statement of the material facts on which the party relies for the claim or defence, but not the evidence by which those facts are to be proved.

Rules of Pleading — Applicable to all Pleadings
Nature of Act or Condition of Mind
.
25.06(8) Where fraud, misrepresentation, breach of trust, malice or intent is alleged, the pleading shall contain full particulars, but knowledge may be alleged as a fact without pleading the circumstances from which it is to be inferred.

Regular readers will have heard the terms “pleading facts” and “pleading particulars”. While the numbering systems differ, the Rules are the same across Canada.

JURISDICTION PLEAD FACTS PLEAD PARTICULARS
Federal Court Rule 174 Rule 181
British Columbia Rule 3-1(2)(a) Rule 3-7(17)
Manitoba Rule 25.06(1) Rule 25.06(11)
Ontario Rule 25.06(1) Rule 25.06(8)
Nova Scotia Rule 38.02(2) and (3) Rule 38.03(3)

From the ruling, we get this information:

[49] The Amended Statement of Claim is, at best, unusually drafted. A statement of claim is supposed to contain material facts on which the action is based. The Amended Statement of Claim contains few material facts about the employment of any of the 473 plaintiffs or the circumstances of their suspension or termination. Mr. Galati explained in oral argument that if the claim contained such facts, it would run into the hundreds of pages and would be challenged as unwieldly. That perhaps speaks to the advisability of pleading this as a consolidated claim.

Galati sued on behalf of nearly 500 people. He was required to plead facts about each Plaintiff that would establish a case for everyone. He had to plead facts about all the (alleged) Charter violations for each Plaintiff. A proper suit for so many people would have been several hundred pages in length. Other than naming their specific employers, he provided no detail about any of them.

Instead, it was the Defendants who compiled a 13,000 page, 23 volume Motion Record in preparing their Motion to Strike.

Even if this was a Class Action — which it wasn’t — sufficient facts would still have to be pleaded for every Representative Plaintiff.

Another missing part was particulars. When alleging malice, bad faith, malfeasance, or a host of other torts, they must be spelled out in detail. Procedurally, Defendants cannot be left guessing what the case against them is.

Plaintiff Beth Ann Dick Goes Her Own Way

[146] The plaintiff Beth Ann Dick provides an example of the sorts of considerations at issue here when determining whether leave to amend should be granted. Ms. Dick was initially represented by Mr. Galati. She says that she was not informed about the specific claims that Mr. Galati made on her behalf, did not speak with him, and did not meet him to discuss the individual circumstances of her claim, nor was she aware of the types of legal argument that would be made on her behalf.

[147] She has since retained Mr. R. P. O’Connor who has delivered a more conventional fresh as amended statement of claim. It narrows the claim to solely that of Ms. Dick against her former employer, removes the allegations of Charter breaches, removes outlandish allegations of false pandemics and crimes against humanity, and clearly pleads the necessary facts underlying causes of action in tort, contract, and breach of statute that she advances.

[148] Mr. O’Connor’s proposed amended statement of claim is an example of a pleading that survives a challenge under Rule 21. I grant leave to Ms. Dick to file the amended pleading she proposes.

Beth Ann Dick was a Plaintiff in the original case, but bailed out and retained a real lawyer. Her new counsel, R.P. O’Connor sent in a proposed Amended Statement of Claim that actually pleaded valid Causes of Action. It is (more or less) straight breach of contract.

If other Plaintiffs had been represented by a competent lawyer, things could very well have ended differently for them.

While the non-unionized Plaintiffs were granted Leave to Amend, any who want to will likely need to hire a better lawyer.

Missed Opportunity: Bill Galati For The $190,000 In Costs

While the Plaintiffs were hit with $190,000 in Court costs, this could have ended differently. If Justice Koehnen was serious about lawyers not abusing the Court process with duplicate Claims, he could have ordered Galati himself to pay. Rest assured, such baseless litigation would virtually disappear if lawyers were personally responsible for what they file.

Instead, it’s always the clients who have to pay, regardless of how badly (or how often) their counsel screws up.

And on a final note, Action4Canada eventually submitted their Amended Notice of Civil Claim (NOCC), nearly a year after the Court of Appeal laughed them out of Court. While much shorter, it contains many of the same defects that Justice Ross mentioned, and adds new ones in. Expect another Application to Strike.

DORCEUS DOCUMENTS:
(1) Grifters Main Page
(2) https://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest
(3) https://www.ontario.ca/page/search-court-cases-online
(4) Dorceus Statement Of Claim
(5) Dorceus Amended Statement Of Claim
(6) Dorceus Defendant Moving Party Factum SJM Government
(7) Dorceus Defendant Moving Party Factum SJM Hospitals
(8) Dorceus Plaintiff Responding Factum SJM
(9) https://www.canlii.org/en/on/onsc/doc/2024/2024onsc7087/2024onsc7087.html

PREVIOUS DECISIONS:
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) https://www.canlii.org/en/bc/bcca/doc/2024/2024bcca59/2024bcca59.html
(3) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html
(4) https://www.canlii.org/en/ca/fca/doc/2024/2024fca106/2024fca106.html

ACTION4CANADA:
(1) A4C Amended Notice Of Civil Claim

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Bill C-293: Who’s Pulling Nathaniel Erskine-Smith’s Strings?

Previously, this site covered Bill C-293, the Pandemic Prevention and Preparedness Act, from Liberal M.P. Nathaniel Erskine-Smith. See here and here for background information on the legislation.

In essence, it amounts to domestic implementation of the proposed Pandemic Preparedness Treaty that the World Health Organization wants all countries to adopt. Just as the Quarantine Act and subsequent Provincial Health Acts came from the International Health Regulations, this is more of the same. See Parts 1, 2, 3, 4, 5, 6, and 7.

January 2022, Erskine-Smith introduced M-43, to address “vaccine equity”. If implemented, this would:

(a) donate at least 200 million doses, as promised, to vulnerable populations around the world through COVAX by the end of 2022, and ensure that all excess doses pursuant to Canada’s contracts are transferred as soon as possible;
(b) deliver an additional $1.1 billion as a net addition to the International Assistance Envelope and existing departmental resources to address global vaccine equity in Budget 2022, including:
(i) $780 million to Act-Accelerator partners to purchase vaccines, tests, treatments, PPR and oxygen in developing countries,
(ii) $290 million to strengthen pandemic preparedness and response capacity, including support for in-country delivery costs;
(c) contribute to a significant increase in global manufacturing capabilities for vaccines and other tools to fight COVID-19, including by:
(i) supporting the temporary waiver of intellectual property rights related to prevention, containment or treatment of COVID-19 at the World Trade Organization,
(ii) facilitating the transfer of technology to manufacture COVID-19 vaccines around the world, including financial support for regional hubs such as the South Africa Technology Transfer Hub; and

M-43 appears to create a giant slush fund that would pour billions of taxpayer dollars into “vaccine equity” arrangements around the world. It’s unclear what — if any — oversight there would be.

As with so many of these bills, some very important questions aren’t being asked: who’s actually behind it? Who are the people that are really writing them?

Here are some possible answers.

Daniel Kelter, Former Legislative Assistant, Now Lobbyist

According to his profile, from December 2015 until September 2018 — nearly 3 years — he worked for Erskine-Smith.

• Briefed the Member of Parliament on policy issues, including debates in front of the house, proposed legislation, and committee reports/issues
• Liaised and maintained relationships with Minister’s offices, constituency residents, parliamentary staff, and relevant special interest groups
• Designed and created communication products across social media and traditional media platforms, and created subsequent analytical reports on their impact
• Managed an office budget of $359,590 and provided accurate financial accounting to comply with House of Commons by-laws

If Kelter is to be believed, he essentially wrote Erskine-Smith’s speeches and various media appearances. He was a handler. The last several months, Kelter not only worked for him, but was the Director of Operations. His duties at this point were that he:

• Advised the Member on all policy issues before the House of Commons, and prepared briefs on issues and legislation when necessary
• Planned, in conjunction with the Member, legislative priorities and assisted with the development of speeches, press releases, media lines, QP card messages, key messages etc
• Managed a whole-of-organization approach to completing Member’s business, while overseeing an office team consisting of staff, interns, and volunteers
• Managed and reconciled a budget of $368,720 that included procurement, salaries, travel, and constituency or parliamentary events

Kelter then went on to take a similar role for Jane Philpott, who was Minister of Health. She also was a Treasury Board Member, and on the Cabinet Committee on Intelligence and Emergency Management.

Kelter’s current position is with a group called Carbon Removal Canada. They explain what their goals are, and why.

What does Carbon Removal Canada do?
Carbon Removal Canada collaborates with governments, local communities, Indigenous groups, innovators, advocacy organisations, and companies to grow the carbon removal sector in Canada.

Our goal is to advance responsible carbon removal solutions by educating stakeholders about using them to reduce CO₂ in the atmosphere while focusing on community well-being and social equity. We also assist in developing policies that increase the demand for and supply of carbon removal projects, ensuring that these projects are credible and impactful. Additionally, our policy research supports the growth of carbon removal by providing insights that meet the sector’s current needs and help shape effective policies.

Why Canada for carbon removal?
Canada has the right ingredients to be a global leader in the carbon removal sector, including natural resources, carbon storage infrastructure, a trained workforce, and a thriving innovation ecosystem.

Canada’s ambitious goal of reaching net-zero emissions by 2050 reflects its climate leadership as a nation — which will require a broad suite of solutions, including carbon removal, for goal achievement. With the right policies in place, the Canadian government, technology and business leaders have all the tools they need to seize this opportunity, spearhead the global growth of a brand-new sector, and build it from the ground up.

Why does Carbon Removal Canada advocate using carbon removal alongside emission reduction efforts?
Carbon removal is essential for a global clean energy transition, but it should complement, not replace, emissions reduction efforts. Carbon removal can help address emissions that are too challenging or cost-prohibitive to reduce with current technology on the path to net-zero. Importantly, after reaching net-zero, carbon removal can be used to eliminate historical emissions, getting global temperatures back to safer levels. The potential for carbon removal to contribute to a net-negative emissions world demands that it be used in addition to emissions reduction efforts.

Although Bill C-293 is the “pandemic prevention and preparedness”, at least officially, we’ve already seen the climate change industry getting into bed it. Many will claim that there’s a “mutual solution” in adopting environmental practices and preventing more outbreaks.

Teodora Durca, Former Parliamentary Intern, Now Lobbyist

For nearly a year in 2021/2022, Teodora Durca was an intern in Erskine-Smith’s office. Since then, she’s moved on to Sussex Strategy Group, a lobbying firm with offices in Toronto and Ottawa.

According to the Federal Lobbying Registry, her recent clients include:

  • Alectra Utilities Corporation
  • Association of Power Producers of Ontario
  • Atlantic Power
  • BluEarth Renewables Inc.
  • Canadian Power-to-X-Partners Inc.
  • Capstone Infrastructure Corporation
  • Electricity Distributors Association
  • Energy Storage Canada
  • Hydrostor Inc.
  • Invenergy Renewables Canada Development ULC
  • Kanin Energy Inc.
  • Next Hydrogen Solutions
  • Northland Power Inc.
  • Potentia Renewables Inc.

A quick look through the profiles shows that these companies are interested in legislative changes around renewable energy. Several are asking about subsidies and tax changes.

A few sections of Bill C-293 read as follows:

2(l)(iii) promote commercial activities that can help reduce pandemic risk, including the production of alternative proteins, and

include the following information, to be provided by the Minister of the Environment:
.
2(m)(i) after consultation with relevant provincial ministers, a summary of changes in land use in Canada, including in relation to disturbed habitats, that could contribute to pandemic risk, such as deforestation, encroachment on wildlife habitats and urbanization and that were made, in the case of the first plan, since the last report on changes in land use published under the Federal Sustainable Development Act or, in the case of the updated plans, during the reporting period for the updated plan

Why this matters is that changes made as a result of this legislation could easily lead to (more) money being funneled into “green energy” schemes. Durca’s clients stand to be made wealthy depending on what regulatory changes are made.

Erskine-Smith Met With ONE Global (Canada)

June 2022, Erskine-Smith introduced Bill C-293. A month later, he formally met with Elise Legault of ONE Global (Canada). This is a group that probably few have heard of. Previously, Legault had worked for UNESCO.

The ONE Campaign is a 501(c)(3) registered non-profit in the United States. Their donor lists contains many prominent names.

  • Aliko Dangote Foundation
  • Bill and Melinda Gates Foundation
  • Bloomberg LP
  • Bloomberg Philanthropies
  • Iger Bay Foundation
  • Bono
  • Cargill
  • Cary and Katya Pinkowski
  • Cindy and Ryan Beedie
  • David Geffen Foundation
  • Eleanor Crook Foundation
  • Elvia Arguelles Trust
  • Ford Foundation
  • Ann and John Doerr
  • Ann and Joshua Bolten
  • Hobson/Lucas Family Foundation
  • Dr. Mo Ibrahim
  • Open Society Foundations
  • The Rockefeller Foundation
  • The Ron Conway Family
  • Sheryl Sandberg & Tom Bernthal
  • Skoll Foundation
  • Sherwood Foundation
  • Tableau Foundation
  • Coca-Cola
  • Theresia Gouw and Matthew McIntyre
  • Tom Freston

The ONE Campaign is financed, in part, by the Gates Foundation and the Rockefeller Foundation. This is important because of other parts of Bill C-293.

2(i) identify preparedness strategies for public health services across Canada including in respect of
.
(i) the protection of vulnerable and marginalized populations,
(ii) working conditions of essential workers across all sectors,
(iii) the availability and management of relevant stockpiles, including testing equipment and personal protective equipment,
(iv) the surge capacity of human resources required for the testing and contact tracing of persons exposed to infectious diseases, and
(v) communication of risk to the public;

Both Gates and Rockefeller are heavily involved in the pharmaceutical industry. It stands to reason that these organizations would support legislation that sees more taxpayer money diverted to finance production. This site has extensively covered the lobbying connections with GAVI, Zakery Blais, Ashton Arsenault and Cameron Doherty.

Calling Lauren Chen A “Traitor” For Taking Russian Money

November 5th, 2024, Erskine-Smith trolled Lauren Chen (a.k.a. “Roaming Millennial”) for her being paid to push Russian propaganda. It’s at 11:46 in the video. He asked what would you call someone who takes outside money to push foreign interests.

By his own logic, Erskine-Smith could be viewed as a traitor for promoting legislation that subverts Canadian interests, on behalf of outside ones.

But this is what happens when lobbying is so prevalent. It’s never clear who actually writes what, and whose money made that happen.

In his online profile, Daniel Kelter claims that he “briefed [Erskine-Smith] on policy issues, including debates in front of the house, proposed legislation, and committee reports/issues”. This wouldn’t be nearly as concerning without all the lobbyist connections. It’s not a stretch to think that he’s been involved in drafting legislation as well.

So then, who wrote Bill C-293?

Was it Daniel Kelter? Teodora Durca? Bill Gates? Or some other handler?

BILL C-293:
(1) https://eppc.org/publication/the-whos-pandemic-treaty/
(2) WHO Constitution, Full Document
(3) https://www.who.int/about/governance/constitution
(4) https://www.parl.ca/legisinfo/en/bills?chamber=1&page=3
(5) https://www.parl.ca/legisinfo/en/bill/44-1/c-293
(6) https://www.ourcommons.ca/Members/en/nathaniel-erskine-smith(88687)
(7) https://en.wikipedia.org/wiki/Nathaniel_Erskine-Smith
(8) https://www.parl.ca/legisinfo/en/bill/43-1/c-235
(9) https://www.parl.ca/legisinfo/en/bill/43-1/c-236

OTHER:
(1) https://www.ourcommons.ca/Members/en/nathaniel-erskine-smith(88687)/motions/11522893

LOBBYING INTERESTS:
(1) https://www.linkedin.com/in/dkelter/
(2) https://archive.is/THvzu
(3) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch
(4) https://carbonremoval.ca/
(5) https://carbonremoval.ca/faqs/
(6) https://carbonremoval.ca/team/
(7) https://www.linkedin.com/in/teodoradurca/
(8) https://www.sussex-strategy.com/people/teodora-durca
(9) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch?searchCommand=navigate&time=1733004385111
(10) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=539796
(11) https://www.linkedin.com/in/elise-legault-58a81132/details/experience/
(12) https://www.one.org/ca/one-global-canada/
(13)https://www.one.org/ca/about/financials/
(14) https://apps.irs.gov/app/eos/
(15) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=12884001
(16) https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(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) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(20) Bill S-243: Climate Related Finance Act, Banking Acts
(21) Bill S-248: Removing Final Consent For Euthanasia
(22) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(23) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

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Review Of Canadian National Railway Case, Dropped in 2023

It’s time to review a case that slipped under the radar in 2022 and 2023. This is the CNR, or Canadian National Railway case and their injection mandate (vaccine passport) lawsuit. Yes, it’s considered old, but the information here should be worth it.

To their credit, Rebel News did cover the initial filing, but there doesn’t seem to have been any follow up. Of course, there wasn’t much to report.

The criticism that’s coming may sound like another Galati case, but it’s not. Yes, the errors are virtually identical, so it’s easy to make that mistake.

The lawyer is Leighton Grey, of the firm Grey Wowk Spencer LLP.

For some of Grey’s other work, consider his “Posties” case. He represented employees and former employees of Canada Post. They were faced with job losses in 2021/2022 as a result of the injection mandates. Now, the company has a collective bargaining agreement, which mandates arbitration as opposed to litigation to resolve disputes.

Arbitration did in fact happen, with different counsel, but it went unfavourably towards the workers. Rather than filing for a review, Grey decided to sue Canada Post instead. Quite predictably, the case was thrown out on a Motion to Strike, as there was no jurisdiction for the Courts. There was also the problem that Grey didn’t plead his case properly, and it would have been struck anyway.

Grey had another lawsuit on behalf of Purolator workers, but the same problems arose. He didn’t have jurisdiction to file the case — as arbitration was mandatory — and it wasn’t pleaded properly. It was eventually dropped. That will be covered in the future.

These are at least 3 cases: (a) Canada Post; (b) Purolator; and (c) Canadian National Railway, where a lawsuit was filed by Grey when there was no jurisdiction. These suits were doomed from the start.

As for the O.G., or Original Gangsta “Mr. Bad Beyond Argument”, his work includes: (a) Adelberg; (b) Dorceus; (c) Katanik; and (d) several cases with the CPSO. The Court had jurisdiction over none of them.

It’s still amazing that lawyers always get paid, regardless of how completely, or how often, they screw up their cases. It’s the clients who lose out.

Hundreds of clients are out of luck because counsel failed to follow the Rules of Civil Procedure, and he didn’t follow basic employment law.

What Specific Errors Were Made With CNR Case?

  1. Failure to plead necessary material facts
  2. Failure to keep evidence out of the Claim
  3. Failure to properly plead necessary particulars
  4. Failure to properly plead Charter violations
  5. Seeking Relief a CIVIL Court cannot grant
  6. Failure to understand labour law and jurisdiction

Worth noting: #6 is fatal to the case. Because of the collective bargaining agreements, the Plaintiffs lack jurisdiction to sue. In theory, they could plead that they exhausted all avenues and that the employer wasn’t acting in good faith. A Judge might agree that this is the only available venue, but there are no gurantees.

In any event, lack of jurisdiction wasn’t the only serious problem.

1. Failure To Plead Necessary Material Facts

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

By “material facts”, this means the lawyer has to plead specific information and background about everyone involved. The Statement of Claim is only 14 pages because it doesn’t plead any facts about anyone.

  • Their length of time with the company
  • Their role or position within the company
  • Their specific objection for refusing the injections (religious, health, conscience, etc…)
  • What discipline was taken, or if they quit
  • The specific steps they took to resolve it internally
  • Which union, if any, each Plaintiff belongs to
  • Who was working remotely, and who was physically present
  • Who applied for EI, who was denied, and what reason(s) given
  • What, if anything happened with regard to grievances and arbitration

These are just a few of the details that must be pleaded for each Plaintiff. It’s not optional. A properly written Claim would have been a few hundred pages. Especially with the question of jurisdiction, it must be listed in detail that these people were trying to follow the terms of their agreement, if they had one. Grey put NONE of this in the Claim.

Even if this were a Proposed Class Action (it wasn’t) the Representative Plaintiff(s) would still need to have adequate facts pleaded about their situation. Not a single person pleaded anything.

One of the more ridiculous statements from Grey is that some Plaintiffs are part of a Union — 4 are listed — but that others are not. No Plaintiffs are matched with any, nor are any of the grievance procedures outlined.

2. Failure To Keep Evidence Out Of The Claim

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

The other part of Federal Court Rule 174 also applies. The Statement of Claim goes on at length about scientific declarations about health risks and treatment. Now, this may be appropriate expert evidence to give at a later date, but it doesn’t belong in the Claim itself. Does Grey not know this?

3. Failure To Properly Plead Necessary Particulars

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

Rule 181 of the Federal Court Rules specifics “pleading particulars”. What this means is that actions based on misrepresentation, fraud, breach of trust, etc…. must be spelled out. Procedurally, Defendants cannot be left guessing what they have to respond to.

Grey openly accuses Government officials of conspiring to harm the Plaintiffs, but he doesn’t give any of the detail needed to even theoretically support such allegations.

4. Failure To Properly Plead Charter Violations

Grey’s lawsuit contains “cookie cutter” allegations of Charter violations, such as:

  • Section 2(a) – Freedom of Conscience
  • Section 7 – Security of the Person
  • Section 8 – Freedom from Unreasonable Search and Seizure
  • Section 15 – Equality

However, none of it is pleaded properly. To bring allegations that one’s rights have been violated, each Plaintiff must plead facts that would support these claims. As mentioned earlier, there’s no specific information provided about any of them. The Court would need to know the details of who said and did what. To do this correctly, the Statement of Claim would have been a few hundred pages.

5. Seeking Relief A CIVIL Court Cannot Grant

This is downright embarrassing. At paragraph 1(d) of the Amended Claim, Grey asks the Court for Declaratory Relief that Criminal Code violations have taken place. Yes, he asks a Civil Court to make findings of a criminal nature. That alone is enough to get the case struck.

For reference, Action4Canada and Adelberg were struck as “bad beyond argument”, in part, because they asked for remedies a Civil Court had no jurisdiction over. Grey does the same thing here.

6. Failure To Understand Labour Law And Jurisdiction

The case was dropped ultimately because the Defendants tried to bring a Motion to Strike. This Order from February, 2023 makes it clear what it was about. CNR knew full well that the Court had no jurisdiction, at least for many workers, so the obvious first step was to bring such a challenge.

Although Grey tried to argue a litany of torts, this case was essentially “constructive dismissal”. Since the terms and conditions of employment had been retroactively changed, it amounted to a repudiation of the contract by the employer. This is exactly the kind of issue that unions grieve over.

Most likely, Grey tried to dress it up to get around the lack jurisdiction.

Timeline Of Major Events In This Case

March 4th, 2022: Grey files the Statement of Claim against CNR and the Federal Government. Despite representing over 200 Plaintiffs, the entire document is just 14 pages long.

September 7th, 2022: case management is held to bring a Motion to Strike.

October 11th, 2022: Statement of Claim is amended.

October 28, 2022: first Notice of Discontinuance is filed. Several Plaintiffs want out.

February 1st, 2023: Statement of Claim is again amended.

February 7th, 2023: Order from the Court regarding how to proceed with the Motion to Strike the case.

May 8th, 2023: Most Plaintiffs discontinue.

May 17th, 2023: Grey files a Motion to remove himself as solicitor for the few remaining clients. This appears to be the most work he has actually performed in the case.

June 20th, 2023: Last client discontinues case.

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.

So, what actually happened in this case? The Statement of Claim was amended a few times, and there was some activity on a Motion to Strike. Then the suit was dropped without anything happening. None of the Plaintiffs ever got their day in Court. But their lawyer probably got his money.

(1) CNR T-553-22 Statement Of Claim (March 4, 2022)
(2) CNR T-553-22 Case Management September 7 2022
(3) CNR T-553-22 Amended Statement Of Claim (October 11, 2022)
(4) CNR T-553-22 Notice Of Discontinuance October 28, 2022
(5) CNR T-553-22 Amended Amended Statement Of Claim (February 1, 2023)
(6) CNR T-553-22 Order Regarding Motion To Strike February 7 2023
(7) CNR T-553-22 Notice Of Discontinuance May 8, 2023
(8) CNR T-553-22 Motion For Removal Of Solicitor (May 17, 2023)
(9) CNR T-553-22 Notice Of Discontinuance June 20, 2023

Posted on

Stale Dated: Vaccine Choice Canada’s 2019 Lawsuit Passes 5 Year Mark, Still At Pleadings

Back in May 2024, Vaccine Choice Canada discontinued their 191 page claim filed in June 2020. While a Motion to Strike had been postponed, the end result was inevitable. The pleading was so poorly drafted that it would be thrown out by the first Judge to look at it.

But what about their earlier one? Hadn’t there been one filed in October 2019? Yes there was, supposedly under the pretense of challenging mandatory immunization of Ontario students. It has effectively been abandoned. This is what the above video addresses.

  • No Trial ever took place
  • No Trial date set down
  • No Depositions taken
  • No hearings
  • No Motions brought
  • No evidence sworn
  • No case management

Under Rule 48.14 of Civil Procedure for Ontario, the Court is to dismiss a case that hasn’t been set down for Trial within 5 years. True, it would almost certainly be extended if there was significant progress being made, but that’s not the case here. VCC’s case hasn’t proceeded past the pleadings in 5 years.

What do the Rules of Court Procedure have to say about this?

Rule 48.14 outlines the situation, and what can be done about it.

Dismissal of Action for Delay
48.14(1) Unless the court orders otherwise, the registrar shall dismiss an action for delay in either of the following circumstances, subject to subrules (4) to (8):
.
1. The action has not been set down for trial or terminated by any means by the fifth anniversary of the commencement of the action.
.
2. The action was struck off a trial list and has not been restored to a trial list or otherwise terminated by any means by the second anniversary of being struck off.

Status Hearing
48.14(5) If the parties do not consent to a timetable under subrule (4), any party may, before the expiry of the applicable period referred to in subrule (1), bring a motion for a status hearing

48.14(6) For the purposes of subrule (5), the hearing of the motion shall be convened as a status hearing.

48.14(7) At a status hearing, the plaintiff shall show cause why the action should not be dismissed for delay, and the court may,
(a) dismiss the action for delay; or
.
(b) if the court is satisfied that the action should proceed,
.
(i) set deadlines for the completion of the remaining steps necessary to have the action set down for trial or restored to a trial list, as the case may be, and order that it be set down for trial or restored to a trial list within a specified time,
(ii) adjourn the status hearing on such terms as are just,
(iii) if Rule 77 may apply to the action, assign the action for case management under that Rule, subject to the direction of the regional senior judge, or
(iv) make such other order as is just

In theory, a Motion could be brought for an extension of time, but there doesn’t seem to be any arguments that would support this.

It’s also interesting to wonder why the Ontario Government never brought any Motion to Strike this whole time. Given how poorly drafted it is, why not at least try? Perhaps there was collusion between the parties. This would allow the case to remain open, but not advance.

This method allows VCC and their counsel to appear to be challenging Doug Ford, while ensuring nothing ever happens.

So what happened? It’s quite simple.

Vaccine Choice Canada brought a high profile lawsuit in October 2019 that they never intended to advance. They never planned to do anything to fight for medical autonomy in Ontario schools. The organization, and their counsel, have been lying to donors the entire time.

Neither the 2019 or 2020 cases ever went anywhere, and that was intentional.

VACCINE CHOICE CANADA (2019 CLAIM)
(1) VCC – October 2019 Statement Of Claim
(2) VCC – October 2019 Statement Of Defence
(3) VCC – October 2019 Press Release

VACCINE CHOICE CANADA DOCUMENTS (2020 CLAIM):
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Discontinuance Against CBC With Cover Letter
(4) VCC – Mercer Statement Of Defense
(5) VCC – Mercer Affidavit Of Service
(6) VCC – Requisition For CPC Motion To Strike
(7) VCC – Notice Of Motion To Strike
(8) VCC – Factum WEC Wajid Ahmed
(9) VCC – Factum Nicola Mercer
(10) VCC – Factum Federal Defendants
(11) VCC – Factum Of Respondent Plaintiffs

Remember, by checking this link, anyone can SEARCH ONLINE FOR FREE to see what’s happening with various cases. Don’t accept the word of anyone here, but check it out for yourselves. Call the Court, or visit in person if that’s a feasible option.

Ontario Superior Court, Civil Branch
330 University – Toronto
330 University Ave.
Toronto ON M5G 1R7

Court file# CV-19-00629810-0000
Court file# CV-20-00643451-0000

Civil – Superior Court of Justice
tel. 416-327-5440 (front desk)

Posted on

Bills C-398/C-399: The “Right” Of Homeless Encampments, And Immigration “Equity”

Just before Parliament took its Summer recess in 2024, NDP Member of Parliament, Jenny Kwan, introduced 2 Private Member’s Bills: C-398 and C-399.

Both are in the introductory stage in the House of Commons. While Private Bills don’t commonly become law, there’s always the possibility they will. There’s also the prospect that the contents will simply be incorporated into a larger, Government Bill.

Starting with Bill C-398, it would create the “right” to set up homeless encampments on Federal land. It would amend the National Housing Strategy Act in several places. Authorities would be prevented from blocking them, or shutting them down. And for reference:

Homeless encampment means an outdoor settlement of one or more temporary structures, such as tents, vehicles or other structures that are not designed or intended for permanent human habitation but that one or more persons experiencing homelessness use as their residence.‍ (campement d’itinérants).

(e) establish measures to prevent the removal of homeless encampments on federal land and to identify alternatives to homeless encampments following meaningful engagement with their residents; and

(f) provide for processes to ensure that Indigenous peoples are actively involved and supported in determining and developing culturally appropriate housing-related programs and that responses to homeless encampments respect their rights.

Bill C-398 does talk about “identifying alternatives to homeless encampments”. Presumably this means providing people with low or no-cost housing. Interestingly, there’s nothing in the legislation that says it will only apply to Canadian citizens, or permanent residents, or landed immigrants.

Logically, anyone who entered the country illegally, who who overstayed their visa, would be entitled to the same protections.

Mandate
10 (1) The mandate of the Ombud is to examine the practices of the Department of Citizenship and Immigration to ensure that they are fair, equitable, unbiased, non-racist and non-discriminatory, and to conduct investigations if the Ombud has reasonable grounds to believe that a person or group of persons has been the victim of unfairness, inequity, bias, racism or discrimination — including systemic racism and systemic discrimination — in the Department’s decision-making process.

Duties and functions
(2) The Ombud’s duties and functions include
(a) reviewing the Department of Citizenship and Immigration’s policies, programs, initiatives, training procedures and processing standards to identify fairness or equity problems in the Department’s administration of the Citizenship Act and the Immigration and Refugee Protection Act, including those resulting from biases and discrimination — including systemic racism and systemic discrimination;
(b) receiving and, if appropriate, investigating complaints, including complaints about the problems referred to in paragraph (a);
(c) monitoring trends and patterns in complaints in order to identify the problems referred to in paragraph (a); and
(d) making recommendations to the Minister regarding any unfairness, inequity, bias or discrimination — including systemic racism and systemic discrimination — that the Ombud identifies.

Kwan wants to create an ombudsman to ensure that “equitable” policies and practices are being implemented by the Ministry of Citizenship and Immigration. She also wants that ombudsman to make recommendations to the Minister in order to help this along.

Now, while the connection may seem tenuous, consider this:

The New Democrats and experts agree that the problem on orderly crossings is the safe third country agreement. For over a year now, I have been calling on the government to invoke article 10 of the safe third country agreement and to provide written notice to the United States that we are suspending the agreement.

If the safe third country agreement is suspended, asylum seekers can make safe, orderly crossings at designated ports of entry. This will protect the rights of the asylum seekers, provide safety and stability to Canada’s border communities most impacted by this influx, and allow for the government agencies, such as the RCMP, CBSA, IRCC, and the IRB, to strategically deploy personnel and resources necessary to establish border infrastructure instead of this ad hoc approach. This is the rational, reasonable response to this situation.

Back in April 2018, Kwan posted on her website that she had been calling on the Trudeau Government to suspend the Safe Third Country Agreement. The reason for doing this is so that people entering from the United States — to claim asylum — could simply stroll into any official port of entry.

In November 2018, Kwan called for the Safe Third Country Agreement to be suspended, claiming that the U.S. (under Donald Trump) wasn’t a “safe country”.

In March 2020, she wrote to Trudeau and Freeland, protesting that illegals trying to cross from the U.S. were being turned back.

Taken together, what does this all mean?

It means that Kwan, who is pro-open borders, supports having illegals come in from the U.S., and presumably elsewhere as well. On one hand, she introduces Bill C-398, which entrenches the “right” of people to set up encampments on Federal land. On the other, she has Bill C-399, which creates and ombudsman to ensure that “equitable” immigration policies are enforced, and to make recommendations to the Minister.

Will taxpayer funded “housing for illegals” become a human right?

(1) https://www.parl.ca/legisinfo/en/bill/44-1/c-398
(2) https://www.ourcommons.ca/Members/en/jenny-kwan(89346)
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-398/first-reading
(4) https://laws-lois.justice.gc.ca/eng/acts/n-11.2/FullText.html
(5) https://www.parl.ca/LegisInfo/en/bill/44-1/C-399
(6) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-399/first-reading
(7) https://www.jennykwanndp.ca/on_irregular_border_crossings
(8) https://www.jennykwanndp.ca/emergency_study_on_irregular_border_crossings
(9) https://www.jennykwanndp.ca/open_letter_to_deputy_prime_minister_on_border_restriction

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(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) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(18) Bill S-243: Climate Related Finance Act, Banking Acts
(19) Bill S-248: Removing Final Consent For Euthanasia
(20) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(21) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act