Action4Canada Roasted By B.C. Law Society Over Horrendous Galati Filing

The Law Society of British Columbia is the organization that’s responsible for licensing lawyers in that Province. Unsurprisingly, lawyers are expected to have a certain level of competence in order to practice. This is to ensure that members of the public don’t end up with a complete moron representing them, costing lots of money.

In any event, the “Professional Legal Training Course 2023” is now available online. This is aimed primarily at articling students who want to take the last steps to be licensed.

The course is explained as follows:

“The Law Society’s PLTC has earned international recognition and has served as a model for Bar admission programs all over the world. It emphasizes practical skills training, ethics, practice management and practice and procedure to help new lawyers bridge the gap between law school and practice.”

“PLTC is a full-time, 10-week course. Classes are held three times a year at the Law Society offices in Vancouver, and once a year at Camosun College in Victoria and at Thompson Rivers University in Kamloops. Classes are taught by full-time faculty with many years of teaching and practice experience and by practising lawyers who volunteer to share their expertise.”

Makes sense. Prospective lawyers need to prove a high degree of skill. Now, here’s where things really start to get interesting.

On page #15, (or the 27th page of the pdf), we see a new entry:

Action4Canada

Yes, that infamous dumpster fire that was struck by Justice Alan Ross is now being used as a “teaching exercise” by the Law Society of B.C. to demonstrate how pleadings shouldn’t be done.

If pleadings are inadequate the matter will typically not get as far as trial. In a recent example of wholly inadequate pleadings the plaintiff filed a 391-page notice of civil claim that was struck (see §2.06(3) below on striking pleadings) as being “prolix” and “bad beyond argument.” In Action4Canada v. British Columbia (Attorney General), 2022 BCSC 1507, the plaintiffs sued a host of politicians and crown corporations over pandemic-related measures they said were not based in science, exceeded the defendants’ authority, and breached Charter rights. The notice of civil claim was struck in its entirety. The judge said (at para. 51) it is counsel’s job to draft pleadings that do not offend the Rules. The judge also said the claim was too prolix for the defendants to be able to respond, and it was not the court’s job to interpret the claim:

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.

It turns out that the NOCC (Notice of Civil Claim) from Action4Canada was so inadequate that it never stood a chance of going to Trial. If only someone could have warned Tanya about that either in advance, or shortly after the fact. It was pretty obvious.

And what were the thanks received? A $7,000,000 defamation lawsuit.

Have to wonder if the Law Society of B.C. will now be sued as well for publishing Action4Canada’s decision in their training manual. After all, Galati sued the Law Society of Ontario for $500,000 for daring to forward complaints by the public to him for comment.

Why are all the topics mandatory?
.
When you are licensed to practise law in British Columbia, you are licensed as both a barrister and solicitor and permitted to practise in any area of the law. PLTC has therefore identified core practice areas that represent typical areas of practice for articled students and newly called lawyers. By requiring you to demonstrate entry-level competence in each of these practice areas, PLTC supports the Law Society’s mandate to set standards for lawyers and to protect the public interest.

Unsurprisingly, there is an FAQ section. It’s explained that it’s in the public interest to ensure that licensed lawyers have a basic level of competence in certain areas.

Keep in mind, this is geared towards new lawyers. Constitutional lawyers with decades of experience should probably have a handle on this sort of thing already.

And again, the Action4Canada case is being used as an example of what not to do, as it’s liable to waste large amounts of time and money, by getting it struck.

The B.C. Law Society also publishes a practice manual specifically for civil, and it’s quite informative. On page #13, (or the 25th page of the pdf), we get to the sections on pleading documents.

The fundamental purpose of pleadings is to define the issues to be tried with clarity and precision, to give the opposing parties fair notice of the case to be met, and to enable all parties to take effective steps for pre-trial preparation: Mayer v. Mayer, 2012 BCCA 77 at para. 215.

Proper Pleadings are Good Advocacy
In practice, pleading the case properly is critical. Pleadings come at an early stage of the litigation, often before all the facts are known. Some counsel fail to craft pleadings carefully, perhaps expecting to clean them up later, if necessary, through amendments. This is poor practice: pleadings are the foundation upon which a case is constructed. If you take care and exercise diligence in framing the pleadings, the rest of the case will fall into line. The pleadings also determine what is relevant at the discovery stage, so proper pleadings will ensure relevant documents are produced and examinations for discovery canvas relevant issues.

And this last part sums up the Action4Canada case well.

Good pleading will not, in my opinion, give a litigant with a bad case a victory. But bad pleading
may very well deprive a litigant with a good case of a victory
that ought to be his.

This perfectly outlines what happened with the NOCC. While there certainly were valid causes of action, the NOCC was drafted so poorly that the entire document had to be struck out. While a rewrite was allowed, this was a huge waste of time and money.

And once again: these documents from the B.C. Law Society are aimed at prospective lawyers. This is designed for newbies. And the Action4Canada case is now teaching material for what not to do.

Action4Canada’s suit was struck in its entirety on August 29, 2022, for the reasons mentioned earlier. Instead of simply doing the Claim properly, it was appealed instead.

It would be interesting to see the Professional Legal Training Course in a few years. Perhaps it will updated again to include Action4Canada in how not to appeal a case. See critique.

Although their case is “fully funded”, Action4Canada is once again asking for money. Apparently, the extra costs of filing an appeal weren’t factored in. Despite promises to submit an amended Claim, it hasn’t happened in over 6 months.

Remember to donate, suckers!

LAW SOCIETY OF BC:
(1) https://www.lawsociety.bc.ca/Website/media/Shared/docs/becoming/material/civil.pdf
(2) https://www.lawsociety.bc.ca/becoming-a-lawyer-in-bc/admission-program/professional-legal-training-course/
(3) https://www.lawsociety.bc.ca/becoming-a-lawyer-in-bc/admission-program/professional-legal-training-course/faq-pltc/

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.)

Royal College Of Physicians & Surgeons A Charity That Received “Pandemic” Bailouts

A topic that hasn’t been covered in quite some time is the long list of business and organizations that received bailout money from the CEWS Program. Of course, this is short for the Canada Emergency Wage Subsidy. There were a few colleges Of physicians & surgeons that got it.

  • Royal College Of Physicians & Surgeons of Canada
  • College of Family Physicians in Canada
  • College of Physicians and Surgeons in Newfoundland and Labrador

Granted, the program did end over a year ago, but it doesn’t erase the fact that so many organizations received this money in the first place.

This can be easily verified by visiting the CEWS Registry (see new link).

About the Royal College, there are 2 different charities: (a) The Royal College Of Physicians & Surgeons of Canada; and (b) Royal College Of Physicians & Surgeons of Canada Foundation.

It’s worth pointing out that registered charities also automatically were eligible for CERS, the Canada Emergency Rental Subsidy, and other lockdown grants.

Now, what does the Royal College describe as its functions?

CREATE AND CONDUCT SPECIALTY MEDICAL EXAMINATIONS FOR PHYSICIANS. ACCREDIT SPECIALTY TRAINING PROGRAMS AT CANADIAN UNIVERSITY MEDICAL SCHOOLS. ASSESSS RESIDENCY TRAINING TO ENSURE SPECIALTY SPECIFIC TRAINING REQUIREMENTS HAVE BEEN FULFILLED. PROVIDE A CONTINUING PROFESSIONAL DEVELOPMENT PROGRAM TO ENSURE FELLOWS ARE ENGAGED IN MAINTENANCE OF KNOWLEDGE. UNDERTAKE PUBLIC POLICY INITIATIVES TO PROMOTE LEADERSHIP IN SPECIALTY MEDICINE.

Looking at some tax information in recent years, we get this:

March 31, 2020
Receipted donations: $523,771.00 (0.78%)
Non-receipted donations: $0.00 (0.00%)
Gifts from other registered charities: $587,500.00 (0.88%)
Government funding: $35,672.00 (0.05%)
All other revenue: $65,682,187.00 (98.28%)
Total revenue: $66,829,130.00

Charitable programs: $38,896,568.00 (56.35%)
Management and administration: $25,033,055.00 (36.26%)
Fundraising: $0.00 (0.00%)
Gifts to other registered charities and qualified donees: $0.00 (0.00%)
Other: $5,098,798.00 (7.39%)
Total expenses: $69,028,421.00

Compensation
Total compensation for all positions: $27,934,692.00
Full-time employees: 327
Part-time employees: 164
Professional and consulting fees: $11,781,429.00

Compensated full-time positions:
$200,000 to $249,999: 2
$250,000 to $299,999: 2
$300,000 to $349,999: 3
$350,000 and over: 3

March 31, 2021
Receipted donations: $36,792.00 (0.05%)
Non-receipted donations: $0.00 (0.00%)
Gifts from other registered charities: $378,431.00 (0.55%)
Government funding: $4,267,623.00 (6.20%)
All other revenue: $64,139,221.00 (93.20%)
Total revenue: $68,822,067.00

Charitable programs: $32,720,809.00 (57.19%)
Management and administration: $24,492,552.00 (42.81%)
Fundraising: $0.00 (0.00%)
Gifts to other registered charities and qualified donees: $0.00 (0.00%)
Other: $0.00 (0.00%)
Total expenses: $57,213,361.00

Compensation
Total compensation for all positions: $35,971,607.00
Full-time employees: 270
Part-time employees: 62
Professional and consulting fees: $13,125,154.00

Compensated full-time positions:
$160,000 to $199,999: 3
$250,000 to $299,999: 2
$300,000 to $349,999: 3
$350,000 and over: 2

March 31, 2022
Receipted donations: $22,614.00 (0.03%)
Non-receipted donations: $0.00 (0.00%)
Gifts from other registered charities: $1,155,246.00 (1.67%)
Government funding: $892,245.00 (1.29%)
All other revenue: $66,959,192.00 (97.00%)
Total revenue: $69,029,297.00

Charitable programs: $39,197,885.00 (65.42%)
Management and administration: $20,477,992.00 (34.18%)
Fundraising: $0.00 (0.00%)
Gifts to other registered charities and qualified donees: $0.00 (0.00%)
Other: $238,261.00 (0.40%)
Total expenses: $59,914,138.00

Compensation
Total compensation for all positions: $35,073,801.00
Full-time employees: 327
Part-time employees: 57
Professional and consulting fees: $6,969,896.00

Compensated full-time positions:
$200,000 to $249,999: 1
$250,000 to $299,999: 1
$300,000 to $349,999: 4
$350,000 and over: 4

The Royal College Foundation, by contrast, is much, much smaller. It seems primarily geared towards bursaries and scholarship opportunities for medical students.

The Royal College announced in the Fall of 2021 that people who haven’t taken at least 2 shots would be prohibited from entering the premises. However, it appeared that taking tests within the last 3 days would be an alternative. Failure to comply meant possible termination from employment.

The requirement for entry would apply to:

  • Employees
  • Visitors
  • Contractors
  • Volunteers
  • Members of the public

For employees, this would presumably mean tests at least twice per week. Never mind that no virus has ever been proven to exist. This is only the Royal College Of Physicians & Surgeons of Canada.

Why would they play along with this? One possibility is that they know how financially beneficial the bailouts and charity designations are.

The Royal College is also part of HEAL, a coalition of health groups that lobbies Ottawa on issues such as: “mental health, health care improvement, opioids, pharma care, seniors care and other priority health topics”.

The College of Family Physicians of Canada (which also got the CEWS bailout), is part of that Federal lobbying coalition.

It’s interesting that no organizations within HEAL did much to push back on the implementation of vaccine passports in late 2021. Have to wonder why.

(1) https://apps.cra-arc.gc.ca/ebci/hacc/cews/srch/pub/bscSrch
(2) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/dsplyBscSrch?request_locale=en
(3) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=college+physicians
(4) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=college+physicians
(5) https://www.royalcollege.ca/
(6) https://www.royalcollege.ca/rcsite/search-e?Ntt=vaccination&Nty=1&op=Search
(7) Royal College Mandatory Vaccination Policy
(8) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=371168&regId=931696

(A.1) Hotel, Restaurant Groups Getting Wage/Rental Subsidies
(A.2) Liberals, Conservatives, NDP All Getting Bailout Money
(A.3) Lawyers, Bar Associations Receiving CEWS Money
(A.4) Conflicting Out? Lawyers Getting More Than Just CEWS
(A.5) Churches Are Charities, Getting CEWS, Subsidies & Promoting Vaccines
(A.6) Trucking Alliance Grants Raising many Eyebrows
(A.7) Chambers Of Commerce Subsidized By Canadians, Want Open Borders
(A.8) Banks, Credit Unions, Media Outlets All Getting CEWS
(A.9) Publishing Industry Subsidized By Taxpayer Money
(A.10) Gyms And Fitness Centers Getting Subsidies To Push Vaxx Pass
(A.11) Sports Groups That Took CEWS To Push Pandemic Hoax
(A.12) Chapters-Indigo Getting Millions In Subsidies To Discriminate
(A.13) Toronto Region Board Of Trade Pushing Vaxx Passports

Private Member’s Bill C-219: Introducing “Canadian Environmental Bill of Rights”

Private Member’s Bill C-219 has a number of interesting parts, which should make people wary about the intent and purpose of it. It was introduce by N.D.P. M.P. Richard Cannings. As always, it can’t be assured that this won’t become law, or be embedded into other legislation at some point.

This Bill is to enact the Canadian Environmental Bill of Rights. Sounds harmless enough, doesn’t it? Let’s see what it says.

Paramountcy of Principles of Environmental Law
Environmental law principles
5 Every enactment must be interpreted consistently with existing and emerging principles of environmental law, including

(a) the precautionary principle according to which where there are threats of serious or irreversible damage to the environment, lack of full scientific certainty must not be used as a reason for postponing measures to prevent environmental degradation;

(b) the polluter-pays principle according to which polluters must bear the cost of measures to reduce pollution according to the extent of either the damage done to society or the exceeding of an acceptable level of pollution;

(c) the principle of sustainable development according to which development must meet the needs of the present without compromising the ability of future generations to meet their own needs;

(d) the principle of intergenerational equity according to which present generations of Canadians hold the environment in trust for future generations and have an obligation to use its resources in a way that leaves that environment in the same, or better, condition for future generations; and

(e) the principle of environmental justice according to which there should be a just distribution of environmental benefits and burdens among Canadians, without discrimination on the basis of any ground prohibited by the Canadian Charter of Rights and Freedoms.

To be blunt, this sounds somewhat Communistic. It gives the Government the right to act, even if there isn’t really a scientific or informed basis for doing so. Taken to its logical outcome, property could be seized, or businesses could be shut down in the name of protecting environmental rights.

The “polluter pays” is a reiteration of the climate change/Carbon tax initiatives that are ongoing, and is just wealth redistribution. If Carbon Dioxide is considered pollution, then almost anything can be.

All of this talk about equity and environmental justice also sounds like redistribution, but with language designed to conceal what’s really going on.

Things get interesting when you realize that anyone (at least in theory) can bring a Court challenge to protect their “environmental rights”.

Right of access to courts
9 (1) Every person residing in Canada has the right to bring a matter regarding the protection of the environment before a court or tribunal regardless of whether or not they are directly affected by the matter.

No challenge to standing
(2) The Government of Canada must not challenge the standing of a person residing in Canada to bring a matter regarding the protection of the environment before a court or tribunal on the sole ground that the person is not directly affected by the matter.

Right to request review
10 Every person residing in Canada has the right to request the Auditor General to review, in accordance with section 22 of the Auditor General Act, any Act of Parliament respecting the environment, any instrument made under the authority of such an Act or any environmental policy of the Government of Canada to determine whether, in order to ensure respect for the rights conferred under this Act, it should be amended, repealed or revoked.

Anyone familiar with the Court system knows that you need “standing” to bring a challenge. This means private interest standing (impacts you directly), or public interest standing (impacts society). This Bill would imply that public interest is automatic, so there’d be no need to prove a direct impact.

Also worth noting is that it says anyone “residing in Canada”. It doesn’t specify Canadian citizens. It also doesn’t say that people bringing such challenges have to be in country legally.

It would also amend the Canadian Bill of Rights by adding this section:

Canadian Bill of Rights
37 Paragraph 1(a) of the Canadian Bill of Rights is replaced by the following:
(a) the right of the individual to life, liberty, security of the person, including to a healthy and ecologically balanced environment as defined in section 2 of the Canadian Environmental Bill of Rights, and enjoyment of property, and the right not to be deprived thereof except by due process of law;

But here’s where that may get tricky: yes, the Bill of Rights mentions property rights. However, when anyone has public interest standing to bring a legal challenge, how secure are your property rights? How would we realistically decide which rights prevail?

And what happens if the Government decides to appropriate your property in some way on the grounds that it violates other people’s rights to a healthy environment?

The Bill’s sponsor, Richard Cannings, is listed 375 times in the Lobby Registry of Federal officials. In fairness though, many of these have nothing to do with the issue at hand.

Cannings’ recent meetings include representatives from:

  • Canadian Association of Physicians for the Environment Foundation
  • Canadian Parks and Wilderness Society
  • Climate Action Network Canada
  • Ecojustice Canada
  • Environmental Defence Canada
  • Greenpeace Canada
  • Nature Canada
  • The Nature Conservancy of Canada
  • World Wildlife Fund Canada

There’s considerable overlap with Rosa Galvez’s Bill S-243.

It’s fair to ask who wrote Bills C-219 and S-243.

As we’ve seen with the 2005 Quarantine Act, and various Provincial Public Health Acts, harmless sounding legislation can be used as a basis to trample rights. While this environmental “Bill of Rights” seems great at first glance, how would things actually work?

(1) https://www.parl.ca/legisinfo/en/bills?chamber=1
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-219
(3) https://www.ourcommons.ca/Members/en/richard-cannings(89327)
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-219/first-reading
(5) https://laws-lois.justice.gc.ca/eng/acts/c-12.3/page-1.html
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch?V_SEARCH.command=navigate&time=1675642237504

SSHRC Funding Digital Citizen Research And Anti-Disinformation Grants In 2023

The SSHRC, the Social Sciences and Humanities Research Council, has been involved in handing out more taxpayer money for the stated purpose of combatting “disinformation”. For the 2023 year, grants have been issued in the amount of $10,000 each, to various people.

Of course, this isn’t the first time such grants have been issued. It’s just the latest iteration of these initiatives.

The stated goals with the SSHRC are:

  • promote Canadian research that will develop better understanding — based on empirical evidence — of the impacts of online disinformation in Canada in order to better inform programs and policies;
  • build Canada’s capacity to conduct research on and related to countering online disinformation and other related online harms; and
  • help foster a community of research in the digital citizenship and online disinformation space in Canada.
NAME YEAR AMOUNT
Brown, Carol A.M. Jan 1, 2023 $10,000.00
Chen, Yu-Chen Jan 1, 2023 $10,000.00
Dowling, Erin Jennifer Jan 1, 2023 $10,000.00
Farokhi, Zeinab Jan 1, 2023 $10,000.00
Kennedy, Angel M. Jan 1, 2023 $10,000.00
Lin, Hause Jan 1, 2023 $10,000.00
Malo, Benjamin Jan 1, 2023 $10,000.00
Martel, Marc-Antoine Jan 1, 2023 $10,000.00
Miller, Mark D. Jan 1, 2023 $10,000.00
Munro, Daniel Jan 1, 2023 $10,000.00
Park, Jeong Hyun Jan 1, 2023 $10,000.00
Rodrigues, Daniel Jan 1, 2023 $10,000.00
Stijelja, Stefan Jan 1, 2023 $10,000.00

If nothing else, at least the grants and recipients are easy to find online. It’s always beneficial to know who’s on the Government payroll.

There is also a sub-group of this program, designed to partner with various colleges and universities to achieve what are essentially the same goals. These are the: (a) Insight Grant Supplements; (b) Postdoctoral Fellowship Supplements; and (c) Doctoral Award Supplements. Eligible areas include:

  • Creators and propagators of online disinformation in a Canadian context.
  • Digital techniques used to spread online disinformation in a Canadian context.
  • Sectors of Canadian society more or less vulnerable to online disinformation, including how disinformation may specifically affect marginalized, minority and Indigenous communities.
  • Effects of exposure to information and online disinformation on Canadians’ individual beliefs and behavior as well as overall mental health.
  • Different impacts of online disinformation in Canada and on Canada, including on democratic institutions and elections.
  • Government responses to online disinformation.
  • Disinformation outside of the internet/not online in a Canadian context.

In short, grant money is available to those willing to research into ways of “combatting misinformation”. Plainly stated, this is anything the Government disagrees with.

While Ottawa may not be banning free speech (yet), they are working on ways to limit the scope and depth of what is being talked about.

As with everything, do your own fact checking.

(1) https://search.open.canada.ca/
(2) https://search.open.canada.ca/grants/?sort=agreement_start_date+desc&search_text=disinformation&page=1
(3) https://www.canada.ca/en/canadian-heritage/services/online-disinformation/joint-initiative-digital-citizen-research.html
(4) https://www.canada.ca/en/canadian-heritage/services/online-disinformation/joint-initiative-digital-citizen-research/insight-grants.html

CSASPP Class Action Certification Hearings To Resume In Late April

The Canadian Society For The Advancement Of Science In Public Policy (CSASPP) has announced that the certification hearings for their Class Action against Bonnie Henry and the B.C. Government will pick up at the end of April.

CSASPP had been in Court from December 12-16, 2022, but things took much longer than expected. Consequently, all of the procedural issues had not been resolved by then.

As you may recall from watching our certification hearing footage we unfortunately ended up using more time than previously allocated within the five days of 12-16 December, 2022. The hearing therefore needed to be continued in the new year at the earliest that all parties’ calendars, including the Court’s, could be reconciled.

I am writing to advise you that the parties have made arrangements for the continuation of our certification hearing on 24 April, 2023, for five days before Justice Crerar again.

You will recall from the footage that there was some controversy over the nature of the relationship between the Public Health Officer and the British Columbia Centre for Disease Control. The latter is an organization that the Deputy Provincial Health Officer has stated in the past under oath “is the scientific and operational arm of the PHO”.

Dr. Henry is now claiming that the BC CDC does not answer to her, but is in fact an independent program of the Provincial Health Services Authority. The PHSA is not named as a defendant in this proceeding. She needs this to be true because adding the BC CDC as a defendant would create additional delays and procedural obstacles that might mitigate the risk of accountability.

We will be making submissions upon resumption of our certification hearing that the relationship is as the Deputy Provincial Health Officer originally claimed, that the BC CDC is the scientific and operational arm of Dr. Henry.

In support of Dr. Henry’s position that they are apparently distinct her Deputy Provincial Health Officer, Dr. Brian Emerson, is now back peddling in a newly tendered affidavit asserting a material distinction. She will be relying upon this affidavit at the continuation of our certification hearing.

If Dr. Henry wishes to throw the BC CDC under the bus, she should seek leave from Justice Crerar to file a third party notice.

It appears that the plot is thickening, and it will be interesting to see where it goes.

The proceedings for the Certification Hearing thus far are available to watch by members of the public. It’s extremely rare for footage of Court hearings to be filmed, but this is an exceptional case. The public interest is huge.

Regarding the status update: it’s worth mentioning that the BCCDC Foundation is actually a registered charity that receives funding from big pharma. The B.C. Provincial Health Services Authority, or BCPHSA, is also a charity, and appears to be a private — or semi private — corporation. The structure of the Government is convoluted, to say the least.

In addition to advancing this lawsuit, many people want Bonnie Henry to be forced to take the witness stand. It’s one thing to give dictates at a press conference. It’s another to have to answer questions under oath. And she certainly has a lot to answer for.

Below are a significant portion of those documents. It’s not exhaustive, but should provide readers with much needed background information. These can be saved or duplicated at will.

DOCUMENTS AVAILABLE FROM CASE
(A) CSASPP 20210126 Notice of Civil Claim
(B) CSASPP 20210321 Request for Assignment of Judge
(C) CSASPP 20210331 Response to Civil Claim
(D) CSASPP 20210531 Cease and Desist Letter to Regulators
(E) CSASPP 20210621 CSASPPs Case Plan Proposal
(F) CSASPP 20210621 Dr Bonnie Henrys availability requested
(G) CSASPP 20210731 Defendants Case Plan Proposal
(H) CSASPP 20210813 Requisition for JMC for 1 October 2021
(I) CSASPP 20210817 Demand for Particulars
(J) CSASPP 20210821 Plaintiffs Response to Demand for Particulars
(K) CSASPP 20210913 Oral Reasons for Judgment Short Leave Application Seeking Stay
(L) CSASPP 20210915 Amended Notice of Civil Claim
(M) CSASPP 20211025 Affidavit No 2 of CSASPP Executive Director
(N) CSASPP 20211028 Proceedings in Chambers Defendants Application for Further Particulars
(O) CSASPP 20221101 Affidavit No 3 of Redacted Deponent Redacted
(P) CSASPP 20221102 Dr Henry and HMTKs Application Response for Webcast Application
(Q) CSASPP 20221115 Respondents Requisition Seeking 16 Nov 2022 CPC to Be Held by MS Teams

(1) https://justice.gov.bc.ca/cso/index.do
(2) https://www.covidconstitutionalchallengebc.ca/court-documents
(3) https://www.covidconstitutionalchallengebc.ca/status-updates
(4) https://www.covidconstitutionalchallengebc.ca/faq
(5) https://www.covidconstitutionalchallengebc.ca/transparency
(6) https://www.covidconstitutionalchallengebc.ca/hearing-videos
(7) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc2108/2022bcsc2108.html

Declaration on the North American Partnership for Equity and Racial Justice

It’s the most harmless sounding names that are most chilling.

The Government of Canada has announced a new agreement with the United States and Mexico: The Declaration on the North American Partnership for Equity and Racial Justice. Mélanie Joly, Foreign Affairs Minister, also tweeted about it.

While this sounds fine enough, the vague wording of much of the text is cause for concern.

Considering the lengths that these countries have gone in establishing equal rights, it seems unproductive to keep pushing the narrative that there’s all these hate groups and institutions. It comes across as having the effect of making peaceful co-existence impossible, and maybe that’s the point.

It’s unclear what exactly “racial justice” would involve. If it were simply equal rights, then it would be very different to oppose. But would it be reparations? This idea has been floated in recent years. Perhaps it involves affirmative action or quotas in various institutions.

To address the obvious: this document doesn’t advocate for “equality”. That would be equal rights and opportunities between people. That would be fine. Instead, it calls for “equity”, which is equality of outcome, and sounds pretty much like Communism.

There’s a bit of a bait-and-switch here as the document calls on partners to: “root out the barriers to equal opportunity”. However, they are pushing equity (equality of outcome), while attempting to persuade others that it’s about equal opportunity.

Declaration between the Government of the United Mexican States, the Government of Canada, and the Government of the United States of America.

Across our three nations, generations of leaders have fought to build democracies where people from richly diverse histories and cultures share the equal promise of freedom and inclusion. Our diversity is North America’s greatest strength, as it boosts innovation, leads to economic growth, enriches our democracies, and advances our security.

Yet in spite of our progress, many across North America continue to face intersecting forms of systemic racism, discrimination and hate because of who they are, whom they love, the language they speak, their nation of origin, the color of their skin, and their religion or beliefs. Discrimination on the basis of race, ethnicity, national origin, sex, sexual orientation, gender identity, age, disability, religion, belief, language, and socio-economic status persist throughout our region and in each of our countries. Tribal Nations and Indigenous peoples, who have lived in North America since time immemorial, continue to face unacceptable disparities and barriers, as do other communities with lived experience of discrimination and racism. Systemic racism, expressions of white supremacy and discrimination in all forms diminish our economic growth, limit our prosperity, undermine national and regional security, and threaten the durability of our democracies. To unleash North America’s full and vast potential, we must comprehensively address these barriers and challenges.

Building on efforts in our respective countries to advance equity and racial justice, at the 2021 North American Leaders’ Summit President Andrés Manuel López Obrador, Prime Minister Justin Trudeau, and President Joseph R. Biden, Jr. declared their commitment to building just, inclusive, and equitable democracies that combat systemic racism and discrimination in all forms. Following that declaration, we committed to working together to create a North America in which every individual has an equal opportunity to achieve their full potential and equal participation in social, cultural, economic, and political life.

We now establish this North American Partnership as a reflection of our common commitments to advancing equity and racial justice within our countries, and our intent to work collaboratively to address systemic forms of discrimination and honor the diverse tapestry of histories, customs, cultures, languages, identities, ethnicities, abilities, and beliefs that make North America strong.

In recognition of our close ties and shared vision, the Participants in this Partnership will:

(1) Work within our own countries to affirmatively advance equity and racial justice, and to comprehensively root out the barriers to equal opportunity that marginalized communities continue to face.

(2) Establish a Trilateral Racial Equity and Inclusion Expert Network to facilitate the exchange of information to share best practices and innovative strategies developed across our three countries for advancing equity and racial justice in our public policies and societies, and to help identify further action areas for the Partnership. In establishing this expert exchange, we will seek opportunities to engage communities with lived experience of racism and discrimination on driving solutions to protect the rights of members of marginalized communities; advance health equity and economic inclusion; address racial and other disparities in the justice system, access to the ballot, and educational opportunities; and reflect the diversity of our nations in our federal public services workforce.

(3) Collaborate together to advance equity and racial justice through our participation in regional and multilateral organizations, such as the United Nations and other fora. This includes advancing the rights and aspirations enshrined in multilateral commitments, such as the UN Declaration on the Rights of Indigenous Peoples, the International Decade for People of African Descent, the UN Sustainable Development Goals, and other joint undertakings.

Discrimination against people “for who they love”, is presumably referring to adults of the same sex. However, it wouldn’t take much to expand that to include pedophilia, as the language is very vague. As for gender identity, many would agree that this has been forced on the public far too much already.

“Reflect[ing] the diversity of our nations in our federal public services workforce” is code for hiring quotas. Most people can agree that a merit-based civil service is the best way to have it. Social engineering shouldn’t push that principle aside

As for “address racial and other disparities in the justice system”, does this mean something like Gladue Rights across the continent? This would be race-based discounts in criminal court, due to overrepresentation of certain groups.

This agreement also endorses the United Nations Sustainable Development Agenda (Agenda 2030), and connects equity and racial justice to that.

The claim that certain groups “face unacceptable disparities and barriers” is telling, even if hard to understand. Disparities simply refers to differences in overall outcomes. This can be for many reasons, and is not necessarily discrimination. But it goes on imply that these differences are the direct result of some barriers that are put in place. This follows the assumption that groups of people would essentially be the same if others wouldn’t oppress them in some way.

An obvious example is the long debunked wage gap. Just because men and woman — on average — make different personal and lifestyle choices, doesn’t mean discrimination took place.

While the text sounds well meaning enough, domestic implementation of such ideals would invite even more Government overreach and interference.

And a logistical question: what would happen to people who decide that they want nothing to do with such a system? What punishments would they face?

(1) https://www.canada.ca/en/canadian-heritage/campaigns/federal-anti-racism-secretariat/declaration-partnership-equality-racial-justice.html
(2) https://twitter.com/melaniejoly/status/1612801847076749314
(3) https://www.state.gov/declaration-on-the-north-american-partnership-for-equity-and-racial-justice/
(4) https://www.state.gov/declaration-on-the-north-american-partnership-for-equity-and-racial-justice-2/