Category: Subversion

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Action4Canada Case Struck As “Prolix”, Improperly Pleaded, And “Bad Beyond Argument”

In a decision that was long anticipated, Action4Canada’s 391 page Notice of Civil Claim against lockdown measures has been struck in its entirety.

It was predicted on this site a full year ago that this Claim would go absolutely nowhere. In fact, a detailed outline of the defects was published.

One difference however, is that this Judge is allowing the NOCC to be rewritten, if the Plaintiffs are willing to. Given the length of it, that will be no easy task.

The ruling from Justice Ross outlines just how poorly drafted the suit was. It failed to even meet the bare minimum for a case to go ahead. Keep in mind, at this stage, Judges are required to accept allegations as fact (for argument’s sake), and just look at the pleadings. The ruling is to the point, and doesn’t really need much in the way of commentary, or explanation.

For reference: NOCC means Notice of Civil Claim.

[20] The description of “THE FACTS” in the NOCC comprises 316 paragraphs set out over 226 pages. This section of the NOCC also includes 399 footnotes, the majority of which contain links to websites.

[21] I note, for the clarity of anyone reading the pleadings, that the numbering of the paragraphs in the NOCC leads to further confusion. First, there are two paragraphs numbered “12”. More problematic, the paragraphs proceed from 1-331 followed, for no reason, by paragraphs 255-363. As a result, the section labelled “THE FACTS” appears to comprise only 240 paragraphs (44-284), when it actually consists of 316 paragraphs. It follows that the reader must be careful to address either the first, or the second, paragraph 255 etc. I return to this issue below when discussing the second paragraph 289

This is a (somewhat minor) point, but good for a chuckle. The paragraphs in the NOCC weren’t numbered correctly or consistently, making it unclear what was being referenced at times.

[22] The “RELIEF SOUGHT” section of the NOCC comprises 40 paragraphs, most with multiple subparagraphs, set out over 43 pages.

This is absurd to the point of comedy. It takes 43 pages for the Plaintiffs to spell out the relief, or what they are asking the Court to grant.

[35] The defendants submit that, more important than the length of the NOCC is the unlimited scope of the document. It is not a piece of legal drafting that complies with the Rules, or basic tenets, of pleading. It is not a document that can be properly answered in a response to civil claim. The defendants submit that those problems arise, in part, because there are multiple allegations against the defendants individually and jointly. It would be extremely difficult, if not impossible, for any individual defendant to determine whether it is required to respond to any particular allegation. Were the action to proceed in its current form, individual defendants would not be in a position to know whether they were tasked with a burden of disproving or countering the myriad allegations. They would not know what case they were required to meet.

Where are they wrong? The NOCC is written in such a way that it’s pretty much impossible to know exactly what the allegations are to be addressed. This can’t be dealt with in any meaningful way.

[45] On the first issue, whether the NOCC is prolix, I agree with the defendants’ submission: the NOCC, in its current form, is not a pleading that can properly be answered by a responsive pleading. It describes wide-ranging global conspiracies that may, or may not, have influenced either the federal or the provincial governments. It seeks rulings of the court on issues of science. In addition, it includes improper allegations, including criminal conduct and “crimes against humanity”. In my opinion, it is “bad beyond argument”.

[46] I further find that it is not a document that the court can mend by striking portions. I find that this NOCC is analogous to the Statement of Claim considered by Justice K. Smith (as he then was) in Homalco Indian Band v. British Columbia (1998), 1998 CanLII 6658 (BC SC), 25 C.P.C. (4th) 107 (B.C.S.C.) [Homalco]. He wrote:
.
[11] In my view, the statement of claim is an embarrassing pleading. It contains much that appears to be unnecessary. As well, it is constructed in a manner calculated to confuse the defendants and to make it extremely difficult, if not impossible, to answer. As a result, it is prejudicial. Any attempt to reform it by striking out portions and by amending other portions is likely to result in more confusion as to the real issues.

The Judge concludes that it’s far more than just errors or inconsistencies in this pleading. The NOCC was written in such a manner that it’s impossible to properly respond to. In other words, while there may be a case for the Plaintiffs, and the Defendants are justified in attempting to strike it.

Moreover, the document is horrible through its entirety. This isn’t an instance where a few bad paragraphs or pages can be removed. These defects plague the entire paper. That’s right, it’s not worth saving, at least not in its current form.

[51] To put those points another way, I have indicated above that the prolix nature of the NOCC makes it impossible for the defendants to respond to it. For the same reason, I am not able to parse the 391 pages of the improperly drafted NOCC and indicate whether paragraphs, categories or claims should remain in, or should be struck. That is not the proper role of this court. It is counsel’s obligation to draft pleadings that do not offend the mandatory requirements of the Rules.

[52] The defendants submit that the NOCC pleads to a number of claims that are improper in a civil action. In part, the defendants point to the following elements of the NOCC as inappropriate:
.
a) alleging criminal conduct;
b) seeking a declaration that the preponderance of the scientific community is of the view that masks are ineffective in preventing transmission;
c) seeking a declaration that the motive and execution of the COVID-19 prevention measures by the World Health Organization are not related to a bona fide “pandemic”;
d) seeking a declaration that administering medical treatment without informed consent constitutes experimental medical treatment which is contrary to the Nuremberg Code, the Helsinki Declaration and is a crime against humanity under the Criminal Code of Canada;
e) seeking a declaration that the unjustified, irrational, and arbitrary decisions of which businesses would remain open, and which would close, as being “essential”, or not, was designed and implemented to favour mega-corporations and to de facto put most small businesses out of business; and
f) seeking a declaration that the measures of masking, social distancing, PCR testing, and lockdowns are not scientifically based, and are based on a false and fraudulent use of the PCR test.

[53] I agree with the defendants that these are improper claims.

Quite simply: this does not belong in a civil claim. It’s mind boggling to think that the lawyers who (allegedly) wrote this have a combined 70 years of experience between them. Seriously, how is a civil court — even with a very experienced Judge — supposed to rule on such things?

And where exactly is Lawrence Wong anyway?

Summary and Conclusion
[74] In summary:
a) I find that the NOCC, in its current form, is prolix and must be struck in its entirety;
b) I grant the plaintiffs liberty to amend the NOCC; and
c) This action is stayed pending the filing of a fresh pleading.

[75] On the issue of costs, I note that each plaintiff is pursuing this action seeking money damages from one or more defendant. In responding to those claims each defendant has been put to the expense of answering (if not filing a response) to the NOCC. In addition, the defendants have all been required to prepare for and conduct this application. None of those steps would have been necessary if the matter was properly pleaded.

[76] On that basis, I find it appropriate to award each defendant the costs for the necessary steps of “defending a proceeding”, and for preparing for and attending an application (opposed). Those costs are payable forthwith in any event of the cause.

Do read the entire decision. It’s very revealing.

The part of the decision that came as a surprise was that the Judge allowed for the NOCC to be rewritten. More on that in a bit. There were sections worth salvaging, and that allowed some reprieve.

However, this forces the next decision onto the Plaintiffs. Do they undertake the massive effort needed to make almost 400 pages compatible with the B.C. Rules of Civil Procedure? Or do they simply walk away with this?

In any event, very steep costs are almost a given at this point. This is something the individual Plaintiffs were likely not fully aware of. If a case like this is thrown out, they’re on the hook for at least some of the costs that would be ordered.

According to the Western Standard, Tanya Gaw, the head of Action4Canada, was asked if individual Plaintiffs would be indemnified against such an order. In essence, would the organization ensure no one was stuck with a huge bill? The refusal to give a definitive answer was not encouraging.

It was admitted in the May 31, 2022 hearing that over $750,000 had been raised for this lawsuit. In the interests of fairness, protecting the individual Plaintiffs should be a no-brainer.

That said, the Court declined to completely throw the case out.

[59] The defendants urge upon me that the problems with the NOCC are sufficient grounds for me to conclude that this entire action is an abuse of process and should be dismissed on the basis that it is clearly frivolous and vexatious.

[60] I do not accept that submission on behalf of the defendants. For the reasons set out below, I decline to dismiss the action.

Yes, the pleadings were horrible, but that didn’t make the issues themselves frivolous.

The next several paragraphs go on to outline serious concerns including Charter protections and due process. In other words, there were legitimate issues raised. However, this NOCC was such a mess that it was impossible to sort out the issues in any reasonable manner.

[71] Put simply, individuals have standing to question whether state actions infringe their Charter protected rights. Hence, in this case, there is a prospect that the plaintiffs could put forward a valid claim that certain of the COVID-based health restrictions instituted by the Federal or Provincial governments infringed their Charter rights. In addition, it is possible that other valid claims may exist. It will be for the plaintiff to plead those causes of action in accordance with the Rules. Such claims need to be framed in a manner that is intelligible and allows the defendants to know the case they have to meet. It must also confine itself to matters that are capable of adjudication by this court and relief this court is capable of granting.

Yes, there are issues that are worth looking into. However, the NOCC needs to be drafted properly, and not like it has been done here. It came down to the quality and organization of the pleadings themselves, not necessarily the topics that to be examined.

Will the 400 page NOCC be fixed up and refiled — as time consuming as that will be — or is this the end of the road for the Action4Canada case? Even though a rewrite is allowed, this likely won’t sit well with many. Had it been properly written in the first place, it may very well have survived intact.

We’ll have to see what happens next, but what a waste of time, energy and money.

Another prediction: the next one to get challenged will be the July 6, 2020 case with Vaccine Choice Canada. The Ontario Attorney General can now use this ruling.

DECISION
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.pdf
(3) https://www.bccourts.ca/jdb-txt/sc/22/15/2022BCSC1507.htm
(4) https://www.westernstandard.news/bc/bcs-unvaccinated-doctors-want-to-get-back-to-work-and-they-hope-a-billboard-helps/article_6ac058b4-24e1-11ed-9d74-67b04bfc88ce.html

ACTION4CANADA BCSC DOCUMENTS:
(1) A4C BCSC – Notice Of Civil Claim
(2) A4C BCSC – Response to Civil Claim (Health Authority Defendants)
(3) A4C BCSC – Response to Civil Claim (Provincial Defendants)
(4) A4C BCSC – Affidavit No 1 of Rebecca Hill
(5) A4C BCSC – Notice of Application (AG and RCMP applies to strike)
(6) A4C BCSC – Notice of Application (Provincial Defendants applies to strike)
(7) A4C BCSC – Notice of Application (Translink applies to strike)
(8) A4C BCSC – Application Response (Health Authority Defendants consent to strike)
(9) A4C BCSC – Application Response (BC Ferries consents to strike)
(10) A4C BCSC – Application Response (AG and RCMP consent to Prov. strike application)
(11) A4C BCSC – Application Response (Translink consents to HA Defendants strike application)
(12) A4C BCSC – Application Response (Translink consents to Prov. strike application)
(13) A4C BCSC – Affidavit No 2 of Rebecca Hill
(14) A4C BCSC – Application Record (to strike)
(15) A4C BCSC – Application Response (all plaintiffs)
(16) A4C BCSC – Amended Application Response (all plaintiffs)
(17) A4C BCSC – Reasons For Striking NOCC In Its Entirety
(18) A4C BCSC – Order striking pleadings
(19) A4C BCSC – Order striking pleading in its entirety with costs payable forthwith
(20) A4C BCSC – Appointment to assess bill of costs for Kwok and Translink
(21) A4C BCSC – Notice of Discontinuance (Kimberly Woolman & Estate of Jaqueline Woolman)
(22) A4C BCSC – Notice of Discontinuance (Amy Muranetz)
(23) A4C BCSC – Notice of Discontinuance (Federico Fuoco & Fire Productions Ltd.)

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Parliament’s Guidelines On Euthanizing The Mentally Ill

Medical Assistance in Dying (MAiD), a.k.a. euthanasia or assisted suicide, had been touted as proponents as having an extremely limited scope. In other words, it would be available to people with terminal illnesses, who were otherwise living in extreme pain.

Bill C-14 was supposed to be limited to terminal cases. In the next session, Bill C-7 increased the eligibility options. Suddenly, even people with serious mental illnesses were able to obtain euthanasia, provided the mental problem wasn’t the sole reason.

And now, we reach the point where people whose SOLE problem is a mental illness can be put down with the help of so-called medical professionals. The people pushing the slippery slope argument have been proven correct once again.

An interim report was released in June 2022, and it’s widely expected that expanding the scope will become law very soon.

MAID PRACTICE STANDARDS

Recommendation 1: Development of MAiD practice standards
The federal, provincial and territorial governments should facilitate the collaboration of physician and nurse regulatory bodies in the development of Standards of Practice for physicians and nurse practitioners for the assessment of MAiD requests in situations that raise questions about incurability, irreversibility, capacity, suicidality, and the impact of structural vulnerabilities. These standards should elaborate upon the subject matter of recommendations 2–13.

INTERPRETING GRIEVOUS AND IRREMEDIABLE MEDICAL CONDITION

Recommendation 2: Establishing incurability
MAiD assessors should establish incurability with reference to treatment attempts made up to that point, outcomes of those treatments, and severity and duration of illness, disease or disability. It is not possible to provide fixed rules for how many treatment attempts, how many kinds of treatments, and over what period of time as this will vary according to the nature and severity of medical conditions the person has and their overall health status. This must be assessed on a case-by-case basis. The Panel is of the view that the requester and assessors must come to a shared understanding that the person has a serious and incurable illness, disease or disability. As with many chronic conditions, the incurability of a mental disorder cannot be established in the absence of multiple attempts at interventions with therapeutic aims.

Recommendation 3: Establishing irreversibility
MAiD assessors should establish irreversibility with reference to interventions tried that are designed to improve function, including: recognized rehabilitative and supportive measures that have been tried up to that point, outcomes of those interventions, and the duration of decline. It is not possible to provide fixed rules for how many attempts at interventions, how many types of interventions, and over how much time, as this will vary according to a requester’s baseline function as well as life goals. Therefore, this must be assessed on a case-by-case basis. The Panel is of the view that the requester and assessors must come to a shared understanding that the person is in an advanced state of irreversible decline in capability.

Recommendation 4: Understanding enduring and Intolerable suffering
MAiD assessors should come to an understanding with the requester that the illness, disease or disability or functional decline causes the requester enduring and intolerable physical or psychological suffering.

VULNERABILITIES

Recommendation 5: Comprehensive capacity assessments
MAiD assessors should undertake thorough and, where appropriate, serial assessments of a requester’s decision-making capacity in accordance with clinical standards and legal criteria. These assessments should be consistent with approaches laid out in standardized capacity evaluation tools.

Recommendation 6: Means available to relieve suffering
To ensure all requesters have access to the fullest possible range of social supports which could potentially contribute to reducing suffering, the Panel recommends that ’community services’ in Track 2 Safeguard 241.2(3.1)(g) should be interpreted as including housing and income supports as means available to relieve suffering and should be offered to MAiD requesters, where appropriate.

Recommendation 7: Interpretation of track 2 safeguard 241.2(3.1)(h) the person has given serious consideration to those means
Serious consideration should be interpreted to mean genuine openness to the means available to relieve suffering and how they could make a difference in the person’s life.

Recommendation 8: Consistency, durability, and well-considered nature of a maid request
Assessors should ensure that the requester’s wish for death is consistent with the person’s values and beliefs, unambiguous and rationally considered during a period of stability, not during a period of crisis.

Recommendation 9: Situations of involuntariness
Persons in situations of involuntariness for periods shorter than six months should be assessed following this period to minimize the potential contribution of the involuntariness on the request for MAiD. For those who are repeatedly or continuously in situations of involuntariness, (e.g., six months or longer, or repeated periods of less than six months), the institutions responsible for the person should ensure that assessments for MAiD are performed by assessors who do not work within or are associated with the institution.

ASSESSMENT PROCESS

Recommendation 10: Independent assessor with expertise
The requester should be assessed by at least one assessor with expertise in the condition(s). In cases involving MAiD MD-SUMC, the assessor with expertise in the condition should be a psychiatrist independent from the treating team/provider. Assessors with expertise in the person’s condition(s) should review the diagnosis, and ensure the requester is aware of all reasonable options for treatment and has given them serious consideration.

Recommendation 11: Involvement of other healthcare professionals
Assessors should involve medical subspecialists and other healthcare professionals for consultations and additional expertise where necessary.

Recommendation 12: Discussion with treating team and collateral information
• If the requester’s primary healthcare provider is not one of the assessors, assessors should obtain input from that person. When the requester’s clinical care is shared by members of a multidisciplinary healthcare team, assessors should solicit their input as well.
• With a requester’s consent, assessors and providers shall obtain collateral information relevant to eligibility and capacity assessment. This should include reviewing medical records, prior MAiD assessments, and discussions with family members or significant others. Care must be taken to determine that obtaining collateral information will not be harmful to the requester.

Recommendation 13: Challenging interpersonal dynamics
Assessors and providers should be self-reflective and examine their reactions to those they assess. If their reactions compromise their ability to carry out the assessment in accordance with professional norms, they should seek supervision from mentors and colleagues, and/or discontinue involvement in the assessment process. The practitioner should adhere to any local policies concerning withdrawal from a MAiD assessment and onward referral.

IMPLEMENTATION

Recommendation 14: Consultations with first nations, inuit and métis peoples
Consultation between health regulatory bodies in each province and territory with First Nations, Métis, and Inuit peoples must aim to create practice standards with respect to MAiD MD-SUMC, and MAiD more generally, that incorporate Indigenous perspectives and are relevant to their communities.

Recommendation 15: Training of assessors and providers in specialized topics
To support consistent application of the law and to ensure high quality and culturally sensitive care, assessors and providers should participate in training opportunities that address topics of particular salience to MAiD MD-SUMC. These include, but are not limited to: capacity assessment, trauma-informed care and cultural safety.

Recommendation 16: Prospective oversight
Given its concurrent jurisdiction in relation to MAiD, the federal government should play an active role in supporting the development of a model of prospective oversight for all or some Track 2 cases that could be adapted by provinces and territories.

Recommendation 17: Case-based quality assurance and education
The federal government should play an active role in supporting the development of provincial/territorial systems of MAiD case review for educational and quality improvement purposes.

Recommendation 18: Modifications to data collection under the federal maid monitoring system
Data related to specific topics (eligibility, supported decision-making, means available to relieve suffering, refusal of means available, and residence and legal status) should be collected in the MAiD monitoring system in addition to data already collected under the 2018 Regulations. These data can be used to assess whether key areas of concern raised about MAiD MD-SUMC and complex Track 2 cases discussed in this report are being addressed by the clinical practices recommended.

Recommendation 19: Periodic, federally funded research
The federal government should fund both targeted and investigator-initiated periodic research on questions relating to the practice of MAiD (including but not only MAiD MD-SUMC).

If nothing else, Recommendation #8 points out that this should only be an option during a period of stability, and not during a crisis.

Keep in mind, this is only an interim report. There’s nothing to suggest this won’t be expanded on at some later point.

Since its inception, the rates of people receiving assistance in suicide has increased year over year. This will surely raise those numbers even more.

(1) https://www.ourcommons.ca/Committees/en/Work
(2) https://parl.ca/DocumentViewer/en/44-1/AMAD/report-1/
(3) https://parl.ca/Content/Committee/441/AMAD/Reports/RP11896958/amadrp01/amadrp01-e.pdf
(4) https://canucklaw.ca/canadas-bill-c-14-assisted-suicide/
(5) https://canucklaw.ca/euthanasia-3-bill-c-7-to-expand-scope-of-assisted-suicide/
(6) https://canucklaw.ca/recent-statistics-on-euthanasia-assisted-suicide-in-canada/

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At Least 9,384 Illegal Entries Into Canada In Q2 Of 2022

Things are picking up again, particularly in Quebec. The data for the second quarter of 2022 (April – June) shows that another 9,384 people illegally entered Canada, and that’s just what’s on the books. It should surprise no one that Roxham Road remains the most popular point of entry.

To make it clear, these are just the number of interceptions that happened BETWEEN official border ports. It says nothing of the system itself being otherwise gamed.

YEAR: 2022
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 2,367 0 16 0 2,383
February 2,154 1 9 0 2,164
March 2,492 2 8 0 2,502
April 2,791 3 8 3 2,805
May 3,449 3 40 1 3,493
June 3,066 3 14 3 3,086
TOTALS 16,319 12 95 7 16,433

It appears that illegals coming into Canada is back in full swing, not that it ever stopped. Over 7,000 people were intercepted by the RCMP in the first 3 months of 2022. Another 9,400 came in the next 3 months. Of course, this is just what’s on the books, and just what’s publicly available.

The police didn’t seem to have any issues with shutting down businesses, stopping peaceful protests, enforcing mask orders, and the like. However, maintaining borders is something they lack the willpower to do. But they do make good bellhops.

Of course, this problem has been going on for a very long time. Here are some earlier years, to show the trends. There was a significant drop (although not a complete stop) during this “pandemic” psy-op. Makes sense, as flaunting the open borders would have been too obvious.

Let’s not pretend that this is an unsolvable problem. Governments could put a stop to mass illegal entries very quickly, if that was their goal. But they don’t, regardless of what party is in power.

PROVINCE/TERRITORY 2011 2012 2013 2014 2015 2016
Newfoundland 0 0 0 0 0 0
Prince Edward Island 0 0 0 0 0 0
Nova Scotia 0 0 0 0 0 0
New Brunswick 10 5 5 ? ? 25
Quebec 1,335 1,295 785 875 1,035 2,595
Ontario 2,660 2,340 1,995 2,630 2,790 3,7935
Manitoba 20 15 25 10 225 505
Saskatchewan ? ? ? ? ? 30
Alberta 35 40 35 65 70 120
British Columbia 125 85 110 130 170 220
Yukon 0 0 0 0 0 5
Northwest Territories 0 0 0 0 0 0
Nunavut 0 0 0 0 0 0
TOTALS 4,185 3,770 2,955 3,715 4,290 7,365

Illegals were still coming into Canada via land border crossings during the Harper years. However, it’s only considered an issue when liberals is in power. A cynic may wonder if this is done in order to help perpetuate the myth that conservatives take this seriously.

YEAR: 2017
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 245 19 46 5 315
February 452 142 84 0 678
March 654 170 71 2 897
April 672 146 32 9 859
May 576 106 60 0 742
June 781 63 39 1 884
July 2,996 87 51 0 3,314
August 5,530 80 102 0 5,712
September 1,720 78 79 4 1,881
October 1,755 67 68 8 1,890
November 1,539 38 46 0 1,623
December 1,916 22 40 0 1,978
TOTAL 18,836 1,018 718 22 20,593
YEAR: 2018
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 1,458 18 41 0 1,517
February 1,486 31 48 0 1,565
March 1,884 53 33 0 1,970
April 2,479 50 31 0 2,560
May 1,775 36 53 0 1,869
June 1,179 31 53 0 1,263
July 1,552 51 31 0 1,634
August 1,666 39 39 3 1,747
September 1,485 44 68 4 1,601
October 1,334 23 37 0 1,394
November 978 23 18 0 1,019
December 1,242 11 27 0 1,280
TOTAL 18,518 410 479 7 19,419
YEAR: 2019
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 871 1 16 1 888
February 800 1 6 2 808
March 967 13 22 0 1,002
April 1,206 15 25 0 1,246
May 1,149 27 20 0 1,196
June 1,536 26 5 0 1,567
July 1,835 23 15 1 1,874
August 1,712 26 22 2 1,762
September 1,706 19 17 0 1,737
October 1,595 18 8 1 1,622
November 1,118 9 21 0 1,148
December 1,646 2 5 2 1,653
TOTAL 16,136 180 182 9 16,503
YEAR: 2020
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 1,086 7 7 0 1,100
February 976 2 2 0 980
March 930 7 18 0 955
April 1 0 5 0 6
May 17 0 4 0 21
June 28 1 3 1 33
July 29 2 17 0 48
August 15 3 0 0 18
September 30 4 7 0 41
October 27 0 4 0 31
November 24 0 8 0 32
December 26 2 8 0 36
TOTAL 3,189 28 84 1 3,302
YEAR: 2021
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 28 1 10 0 39
February 39 0 1 0 40
March 29 5 2 0 36
April 29 2 2 0 33
May 12 3 13 0 28
June 11 0 6 0 17
July 28 5 6 0 39
August 63 2 11 0 76
September 150 0 19 0 169
October 96 0 17 0 113
November 832 1 12 0 845
December 2,778 0 33 0 2,811
TOTAL 4,095 19 132 0 4,246

There are of course some other points to bring up to give additional context to the subject of illegal border crossings. These are some recent ones.

Something not really reported on in 2019 was the fact that the Canadian Government scrapped the DCO, or Designated Country of Origin policy. This stopped people from 42 countries (mainly in Europe) from being able to abuse the refugee system with bogus claims.

The Parties agree to review this Agreement and its implementation. The first review shall take place not later than 12 months from the date of entry into force and shall be jointly conducted by representatives of each Party. The Parties shall invite the UNHCR to participate in this review. The Parties shall cooperate with UNHCR in the monitoring of this Agreement and seek input from non-governmental organizations.

As for the Safe 3rd Country Agreement, people are still allowed to enter, and it’s still being gamed by human smugglers and traffickers. Few people know this, but the Treaty is actually a 3-way arrangement with the UNHCR acting as a sort of facilitator.

Not only is the United Nations a party to U.S/Canada border security, but the organization distributes information packages on how to circumvent the Safe Third Country Agreement. While claiming to care about the integrity of countries, they publish materials to do exactly the opposite.

And no, this isn’t just well meaning naivety. The U.N. has extensively studied the connection between lack of border enforcement, and the facilitation of human smuggling and trafficking. It isn’t a surprise that open borders lead to increases in illegal crossings. They know exactly what’s going on.

If that doesn’t make your blood boil, what will?

In all fairness, the issue of illegal crossings into Canada isn’t nearly as bad as the United States. Still, it’s an issue that does need to be reported on. The Q3 statistics will presumably be released in October or November of this year.

(1) https://www.cbc.ca/news/canada/montreal/roxham-road-reopen-1.6257868
(2) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/processed-claims.html
(3) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2017.html
(4) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2018.html
(5) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2019.html
(6) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2020.html
(7) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2021.html
(8) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2022.html
(9) https://www.canada.ca/en/immigration-refugees-citizenship/news/2019/05/canada-ends-the-designated-country-of-origin-practice.html
(10) https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html
(11) https://canucklaw.ca/tsce-10c-bit-of-history-doug-rob-ford-voted-in-2013-for-sanctuary-toronto-amnesty-for-illegals/

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Digital Citizen Contribution Program: Next round Of Grants

Canada’s Digital Citizen Contribution Program is back receiving the public’s attention. More taxpayer money is about to be handed out to groups and individuals who qualify under this program. Up to $100,000 (each) is available, depending on the details of the proposal.

This program, including the grants, has already been covered in the past. But it appears that Ottawa is gearing up to subsidize the next round of so-called fact checkers.

Eligible parties include:

  • a national, provincial, territorial, municipal, Indigenous, community or professional organization, society or association which has voluntarily associated itself for a not-for-profit purpose, and which has the mandate to represent its membership or community
  • a not-for-profit organization, including non-governmental or umbrella organizations, non-profit corporations, community groups, regulatory bodies or apprenticeship authorities, or associations serving the private sector
  • a university or educational institution
  • an individual researcher, acting in his or her personal capacity
  • a research institution with an established record in relevant field(s), intending to undertake work in a Canadian context
  • a for-profit Canadian and Canadian-owned institution with a record of developing and delivering programming, and performing research or related activities relevant to the goals of Canadian Heritage’s Digital Citizen Initiative, provided that the nature and the intent of the activity is non-commercial

The Digital Citizen Contribution Program supports the priorities of the Digital Citizen Initiative by providing time-limited financial assistance for research and citizen-focused activities. The Program aims to support democracy and social inclusion in Canada by enhancing and/or supporting efforts to counter online disinformation and other online harms and threats.

Of course, it’s deliberately vague what “online disinformation” and other “online harms and threats” really means. However, it’s not encouraging when the Government is using taxpayer money to fund groups to promote certain versions of truth.

The deadline for applications is August 18, 2022. Presumably, they get sent to the Ministry of Truth.

(1) https://www.canada.ca/en/canadian-heritage/services/online-disinformation/digital-citizen-contribution-program.html
(2) https://canucklaw.ca/digital-citizen-contribution-program/
(3) (EN) Program Guidelines – DCCP
(4) (EN) Budget Template – DCCP
(5) (EN) Application Form – DCCP
(6) Unincorporated application acceptance of liability
(7) Direct deposit form

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Bill C-21: Reintroduced Legislation To Whittle Away Gun Rights

Bill C-21 was introduced in the last session of Parliament, but died when there was an election called. However, it’s been reintroduced, with some changes and new content. The changes primarily impact the Criminal Code and the Firearms Act.

It was recently announced, and covered by CPAC, that imports of handguns would be stopped by August 19, 2022. This was done by a regulatory change, without any democratic mandate or process. Seems that Ottawa doesn’t want to wait or take that chance.

Of course, the “temporary” measure announced on August 5th would be effectively made permanent if and when Bill C-21 is ever passed.

None of this ever addresses the elephant in the room: most serious crimes with firearms involve illegal guns, whereas this Bill primarily targets law abiding citizens. It’s almost as if there was some coordinated effort to disarm the population.

1. Adding “Red Flag” Laws To Canadian Criminal Code

Application for emergency prohibition order
110.‍1 (1) Any person may make an ex parte application to a provincial court judge for an order prohibiting another person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, if the person believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

Emergency prohibition order
(2) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made.

Service of order
(3) A copy of the order shall be served on the person to whom the order is addressed in the manner that the provincial court judge directs or in accordance with the rules of court.

Sections 109 and 110 of the Criminal Code call for people to be subjected to weapons prohibitions following convictions for certain offences. The proposed amendments would allow ordinary citizens to file an application to have another person’s guns seized.

The hearings would generally be ex-parte, or without the participation of the other side. That doesn’t really seem consistent with due process, or fairness.

There is a provision in the Bill to remove firearms if a protection order is issued against someone for domestic violence and/or stalking. However, that’s always been a remedy.

2. Adding “Yellow Flag” Laws, Halt/Suspend Certificates

Refusal to issue — chief firearms officer
68 Insertion start(1)Insertion end A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry referred to in paragraph 20(b) or authorization to transport for any good and sufficient reason.

Refusal to issue — Commissioner
Start of inserted block
(2) The Commissioner may refuse to issue an authorization to carry referred to in paragraph 20(a) for any good and sufficient reason.

34 The Act is amended by adding the following after section 69:
Suspension
.
69.‍1 (1) If a chief firearms officer has reasonable grounds to suspect, on the basis of information that they have collected or received from any person, that the holder of a licence is no longer eligible to hold the licence, they may suspend, in respect of that licence, the holder’s authorization to use, acquire and import firearms for a period of up to 30 days.

Revocation of licence or authorization
70 (1) A chief firearms officer may revoke a licence, an authorization to carry referred to in paragraph 20(b)Insertion end or an authorization to transport — Insertion startand the Commissioner may revoke an authorization to carry referred to in paragraph 20(a)Insertion end — for any good and sufficient reason including, without limiting the generality of the foregoing,

A firearms officer can refuse to issue a permit “for any good and sufficient reason”. However, it’s not defined what a good and sufficient reason is This would make it almost entirely discretionary, and open to abuse. A license can also be suspended on those same grounds.

3. Prohibiting Any Sales Or Transfers Of Hundguns

Authorization to transfer prohibited or restricted firearms
.
23.2 (1) A person may transfer a prohibited firearm or a restricted firearm if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;
(b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm;
(c) the transferor informs the Registrar of the transfer;
(d) if the transferee is an individual, the transferor informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;
(e) a new registration certificate for the firearm is issued in accordance with this Act; and
(f) the prescribed conditions are met.

27 On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23.2, a chief firearms officer shall
(a) verify
(i) whether the transferee or individual holds a licence,
(ii) whether the transferee or individual is still eligible to hold that licence, and
(iii) whether the licence authorizes the transferee or individual to acquire that kind of firearm or to acquire prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;
.
(b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;

These are Sections 23.2 and 27 of the Canada Firearms Act. It specifies the steps and actions needed to transfer a restricted or prohibited firearm from one party to another. Pretty straightforward. Bill C-21 would add an extra clause to that

[Section 23.2]
(d.‍1) if the transferee is an individual and the firearm is a handgun, the individual is referred to in section 97.‍1;

[Section 27]
(iv) if the proposed transfer is in respect of a handgun, whether the transferee is an individual referred to in section 97.‍1;

If a handgun is to be transferred to an individual, this would be referred to another portion of the Firearms Act. Section 97 allows the Governor in Council to restrict such sales or transfers.

4. Expanding Definition Of “Replica” Firearm

1 (1) The definition replica firearm in subsection 84(1) of the Criminal Code is replaced by the following:
replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm that is designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.‍4 m per second and at a muzzle energy exceeding 5.‍7 Joules, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm;

Changes to the criminal code would list that a replica firearm that can fire a projectile at a certain speed )(or with a certain amount of energy) can be prohibited. This could include things like paintball guns, which have valid recreational uses. Problem is, “exactly resemble” is subjective.

5. Other Thoughts On The Matter

There are a few small points which seem beneficial, such as making it harder for foreigners to enter Canada if they have convictions for certain firearms offences. But overall, that doesn’t offset the erosion of rights that’s being done with this legislation.

Another section would create a new criminal offence for altering the capacity of a magazine (allowing it to hold more bullets than allowed). While it sounds fine on the surface, someone with an illegal or stolen gun wouldn’t care about such things.

These measures do little to target crime. Instead, they restrict the rights of people to legally possess and use guns. Strange how that always seems to be the group of people these Bills hit.

Do read the entire Bill, as this critique is not exhaustive. It would be impractical for the Government to simply ban guns right away — though many would like to. Instead, introducing these measures bit by bit seems to be the way forward.

(1) https://www.cpac.ca/episode?id=38406422-ecdb-494b-8439-a1fbdeaf4e28
(2) https://www.laws-lois.justice.gc.ca/eng/acts/f-11.6/FullText.html
(3) https://www.laws-lois.justice.gc.ca/eng/acts/C-46/index.html
(4) https://canucklaw.ca/ottawa-to-ban-handgun-imports-august-19th-using-regulatory-measure/
(5) https://www.parl.ca/legisinfo/en/bill/43-2/c-21
(6) https://www.parl.ca/DocumentViewer/en/43-2/bill/C-21/first-reading
(7) https://www.parl.ca/legisinfo/en/bill/44-1/c-21
(8) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-21/first-reading

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Police On Guard Case: Nothing Since Filing 15 Months Ago

You probably haven’t heard any concrete or specific updates from Notice Of Application concerning the lawsuit that was filed in April 2021. The most likely reason is that nothing has happened in the 15 months since the initial Notice of Application.

Why continue to follow up? A few reasons. First, knowing the truth about these publicly funded cases is important. After all, people have donated. Second, so that false hope isn’t attached to cases that will never go anywhere. Third, it’s not just the obvious people whose activities need to be monitored.

For anyone interested in SEARCHING CASE FILES, click on this link. A free account can be created. If you have the court file number, it can be instantly searched.

Recently, a follow-up article showed that Vaccine Choice Canada’s lawsuits (both of them) had been dormant since 2020.

As for some detailed critiques of various challenges, see here and here for some of the more obvious flaws and defects. How does this happen, unless intentionally?

Another Notice Of Application was filed in April 2021, concerning masks on students in Ontario schools. The 2 documents are virtually identical, suggesting a cut-and-paste creation for the second. And likewise, there’s no activity going on, nor anything in the foreseeable future.

Again, members of the public can SEARCH FOR FREE as to the updates on such cases. Instead of taking the word of people who have incentives to drive fundraising — or some reporter on the internet — go check the cases for yourselves.

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

Court file# CV-20-00643451-0000

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

CSD.SCJRecords(at)ontario.ca (records department)

An ambitious person showing initiative can also verify what’s been happening with various cases by contacting the court directly, or by visiting. There are many options.

  • Vaccine Choice Canada (VCC), et. Al. (and others) v. Her Majesty the Queen, et.al. (and others) Ontario Superior Court #CV-00629810-0000. Filed October 2019. No movement since pleadings closed in March 2020.
  • Vaccine Choice Canada (VCC), et. Al. (and others) v. Justin Trudeau, et.al. (and others) Ontario Superior Court #CV-20-00643451-0000. Filed July 2020. No movement at all since Statement of Claim filed.
  • Gill & Lamba v. MacIver et al. Ontario Superior Court #CV-20-00652918-0000. Filed November 2020. Dismissed as a SLAPP, or strategic lawsuit against public participation. Appealed, but status unknown.
  • Sgt. Julie Evans, et al v. AG of Ontario, et al Ontario Superior Court #CV-21-00661200-000. Filed April 2021. No movement since Notice of Application filed.
  • M.A. and L.A., et al vs. Eileen De Villa, et al Ontario Superior Court #CV-21-00661284-0000. Filed April 2021. No movement since Notice of Application filed.
  • Action4Canada, et al vs. Dr. Bonnie Henry, Justin Trudeau, Premier Horgan, et al British Columbia Superior Court # VLC-S-S-217586. Filed August 2021. Awaiting decision for Application to Strike given the exceptionally poor quality drafting of the Statement of Claim

Not too encouraging, is it?

There had been claims floating around starting in 2021 about affidavits of evidence that totaled in the thousands of pages. Problem is: if they actually exist, they haven’t been filed anywhere. One possible explanation is that this was deliberate deception to soothe over the concerns of donors with the lack of record activity.

Apparently a new suit has been filed in Federal Court. (Archive is here). While not written well, it’s nowhere near as bad as some of the other Claims. It’s only been a month, so too soon to determine where that goes. However, if recent history is any indication, it will likely sit for months or years with no activity.

To readers who have donated to these “lawsuits”: you may want to seriously consider demanding a refund. It seems very unlikely that this is what you thought was really going on.