CSASPP Class Action Certification Hearings To Resume On Monday, April 24

Monday, April 24, the B.C. Supreme Court in Vancouver is set to resume certification hearings for a proposed class action lawsuit. It was brought by a group called CSASPP, the Canadian Society For The Advancement Of Science In Public Policy.

This is not a Trial, but simply procedural hearings to determine if the class action is to be certified (approved), and can go ahead. Even if certified, there is still a lot to be done afterwards.

There won’t be livestreaming of the proceedings, but at least one person, Eva Chipiuk, is promising real-time updates on Twitter. It’s explained here, in a short video clip.

The hearings started on December 12, 2022, and were supposed to have been concluded during the week of the 12th to the 16th. But things took a lot longer than expected, to be blunt.

CSASPP provides a page for their status updates, which is in reverse chronological order. If the court documents themselves are a bit overwhelming, this will provide a “Coles Notes” version.

Videos of the December 2022 hearings are available online.

Should this case go ahead, then Bonnie Henry, the “British Columbia Provincial Health Officer” would likely be forced to testify. And does she ever have things to answer for.

On a side note: it would be nice to see the issue of whether this “virus” exists confronted head on. After all, if the Government is lying about vaccines, masks, lockdowns, testing, contact tracing and pretty much everything else, why should we assume they tell the truth about viruses?

As for the Action4Canada suit, there’s been no amended Notice of Civil Claim filed in the 8 months since the last one crashed spectacularly. The organization is still fundraising, on the premise that it will refile at some point. The group decided to file a baseless appeal, rather than do a rewrite, which was allowed. It’s now used by the B.C. Law Society as a “teaching moment“. Heck, even the OPCA hacks aren’t really pushing this case anymore.

Below are a significant portion of the CSASPP 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

Were Recent Gun Control Measures In Canada Initiated By The United Nations?

The title isn’t clickbait. The UNODA, or United Nations Office for Disarmament Affairs, keeps records of the various actions taken by Member States. Canada is one of them.

One of the specific initiatives is the UN Programme of Action (PoA) and its International Tracing Instrument (ITI), which essentially amounts to global gun control efforts.

Interestingly, the Federal Government is reporting some of the restrictions they’ve made on gun owners in the 2022 report as the progress being made towards the implementation of PoA and the ITI. (See archive).

This raises the obvious question of who is really in charge here.

Let’s start with O.I.C. 2020-0298.

[Page 3]
National targets
1.4. Has your country set national targets relating to the implementation of the PoA and ITI?
1.4.1. If so, describe
In May 2020, the Government of Canada prohibited over 1,500 models of assault-style firearms and their variants. These prohibited firearms cannot be legally sold, or imported, and can only be used or transported under limited circumstances. An Amnesty Order is in effect until October 30, 2023 to allow firearms owners and businesses to come into compliance with the law, and to allow time to implement a mandatory buyback program.
.
As part of the Government of Canada’s comprehensive strategy to keep communities safe from gun violence, the Government intends to continue the implementation of regulations for firearms licence verification and business record-keeping; require the permanent alteration of long-gun magazines so that they can never hold more than five rounds; ban the sale or transfer of magazines capable of holding more than the legal number of bullets; implement the gang prevention and intervention program to provide direct funding to municipalities and Indigenous communities; introduce red flag laws to allow the immediate removal of firearms if that person is a threat to themselves or others, particularly to their spouse or partner, and increase maximum penalties for firearms trafficking and smuggling.
Target year:
2024

If this is to be taken at face value, then the May 1, 2020 Order In Council was aimed at complying with the PoA and the (ITI).

The “Red-Flag Laws” are a reference to Bill C-21, which was introduced in the last session of Parliament, and reintroduced in this one.

Altering firearms so they can never hold more than 5 bullets is also something that Bill C-21 addresses, although the details are sparse.

Then there’s O.I.C. 2022-0447.

[Page 6]
ITI 12a 2.3.2. How long must manufacturing records be kept?
[if other, please explain]
For businesses only (NOT for manufacturers): As of May 18, 2022, firearms businesses are required to keep records which describe each firearm in their possession, and record activities related to each firearm, the date on which these activities are performed, and their disposal, as follows, in order to facilitate the tracing of firearms by law enforcement in the event that a firearm is diverted to the illicit market:
.
i) Manufacturer, make, model, type of firearm, classification, action, gauge or caliber, barrel length, magazine capacity (in the case of a fixed magazine), and all serial numbers found on the frame and receiver.
.
ii) Manufacture, importation, exportation, purchase, alteration, repair, storage, exhibition, deactivation,
destruction, sale, barter, donation, consignment, pawn, or any other category related to the possession or disposal of the firearm, and the date on which the change occurred;
.
iii) The name of the shipper, their permit number or carrier licence number, and the reference number, if the shipper is different from the business keeping the records. Businesses would be required to retain the possession and disposal records for 20 years from the record’s creation. Once a business ceases to be a business they must transfer their records to the Registrar of Firearms who will hold them for no less than 20 years.

By another Order In Council, it’s now the law that businesses must keep records of all gun sales for a minimum of 20 years, regardless of whether they are non-restricted. Again, this is the “progress” that’s being reported to the UNODA.

Keep in mind, Target 16.4 of the U.N. Sustainable Development Goals states that: “By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime”. The full text is available online.

Were these changes made because politicians believed they were the right things to do? Or, were they done in order to comply with international agreements?

(1) https://disarmament.unoda.org/conventional-arms
(2) https://smallarms.un-arm.org/sustainable-development-goals
(3) https://smallarms.un-arm.org/country-profiles/CAN
(4) https://unoda-poa.s3.amazonaws.com/reports/CAN-English-1186-SUBMITTED.pdf
(5) UNODA 2022 Report On Gun Control Measures
(6) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(7) https://orders-in-council.canada.ca/attachment.php?attach=41953&lang=en
(8) https://www.parl.ca/legisinfo/en/bill/43-2/c-21
(9) https://sustainabledevelopment.un.org/content/documents/21252030%20Agenda%20for%20Sustainable%20Development%20web.pdf

Parliament Revisiting Amendments For Sweeping Bans On Rifles And Shotguns

Hearings are ongoing in Parliament over another gun grab, but first, some backstory:

Bill C-21 was reintroduced in November 2021. To a large extent, it was a rehash of its predecessor (also called Bill C-21), which died when the 2021 Federal election was called.

The new iteration of Bill C-21 would still create red-flag and yellow-flag laws, among other restrictions. It would go further, and ban transfers and sales of handguns outright.

Apparently, the Federal Government didn’t want to wait for Bill C-21 to pass, or take the chance it wouldn’t, so handgun transfers were banned by regulatory change back in October 2022. This was O.I.C. 2022-1144.

Keep in mind, this wasn’t the first gun grab in recent history. O.I.C. 2020-0298 banned over 1,500 models of firearms on May 1, 2020. That was done without any debate, nor regard to logic or consistency as to which types would qualify. It’s currently being challenged in Federal Court.

But this Bill didn’t go far enough. In late 2022, amendments to Bill C-21 were added on, without any real debate as they were done at the conclusion of Parliament’s hearings. From the Manitoba Lodges & Outfitters Association:

Amendment G-4 would change physical requirements of non-prohibited guns so that many more would qualify, including:

  • Projectiles (bullets) discharged with 10,000 Joules of energy or more
  • Bores with a diameter of 20 mm or greater
  • Rifles/shotguns capable of accepting magazines greater than 5 bullets, regardless of what the firearms were actually designed for

Amendment G-46 would have converted many more specific models of rifles and shotguns into “prohibited weapons”, meaning that they could never be sold or transferred again.

This didn’t sit well with the public. Both the wide range of models, and underhanded nature of doing this last minute seemed to circumvent the legislative process.

The amendments were dropped — at least for the time being — but the story doesn’t end there.

A group of 7 members of that Committee requested wanted to rehear witnesses over the G-4 amendments. The Committee sat on December 13, 2022.

Now we get to the current state of affairs.

Hearings continued in February and March of 2023. If the Government had wanted these changes, then they should have been debated in the Fall of 2022.

As of the time of writing this, no decision has been made about the fate of the G-4 and G-46 amendments.

Even if the amendments were to be reinstated, there is no guarantee that Bill C-21 would pass Third Reading in the House of Commons. This is especially true given recent election speculation. Beyond that, no one knows for sure what would happen in the Senate.

To restate the obvious: none of this does anything to prevent gun crime, which politicians constantly rail against. It just makes it harder for people to legally own firearms, and maybe disarmament is the goal.

(1) https://www.parl.ca/legisinfo/en/bill/44-1/c-21
(2) https://canucklaw.ca/bill-c-21-reintroduced-legislation-to-whittle-away-gun-rights/
(3) https://orders-in-council.canada.ca/index.php?lang=en
(4) https://orders-in-council.canada.ca/attachment.php?attach=42706&lang=en
(5) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(6) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=11814165
(7) https://mloa.com/wp-content/uploads/2022/12/G-46-e.pdf
(8) https://mloa.com/wp-content/uploads/2022/12/20221122-C-21-Amendment-G4.pdf
(9) https://www.ourcommons.ca/DocumentViewer/en/44-1/SECU/meeting-54/notice
(10) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=11988263
(11) https://www.ourcommons.ca/DocumentViewer/en/44-1/SECU/meeting-54/evidence
(12) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=12045393

Federal Court Streaming Challenges To 2020 Order In Council And Gun Grab

The Federal Court of Canada is hearing 6 challenges to the May 1, 2020 Order In Council, which instantly converted some 1,500 types of firearms to “prohibited”.

People wanting to attend virtually can. The registration link is available to all, but the usual broadcasting prohibitions apply.

(1) Cassandra Parker et al. v. Attorney General of Canada et al.
Case Number: T-569-20
Filed May 26, 2020

(2) Canadian Coalition for Firearms Rights et al. v. Attorney General of Canada et al.
Case Number: T-577-20
Filed May 26, 2020

(3) John Hipwell v. Attorney General of Canada et al.
Case Number: T-581-20
Filed May 27, 2020

(4) Michael John Doherty et al. v. Attorney General of Canada et al.
Case Number: T-677-20
Filed: June 29, 2020

(5) Christine Generoux et al. v. His Majesty The King et al.
Case Number:T-735-20
Filed: July 10, 2020

(6) Jennifer Eichenberg, David Bot, Leonard Walker et al. v. Attorney General of Canada et al.
Case Number: T-905-20
Filed: August 11, 2020

The hearings started on Tuesday, April 11th, and are expected to finish up next week. Given that these cases cover essentially the same material, they’ll all be decided together.

So far, the Applicants have been focusing on a few concepts: (a) definitions of words are vague or missing; and (b) the choices of which firearms to prohibit are not consistent or logical.

For anyone interesting in searching the case histories, or to order more documents, the information is available for Federal cases.

Expect and update soon with attached documents.

(1) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(2) https://www.fct-cf.gc.ca/en/court-files-and-decisions/hearing-lists
(3) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont
(4) https://www.fct-cf.gc.ca/en/court-files-and-decisions/hearings-calendar

The Forgotten Grifts: Police On Guard & Children’s Health Defense Canada

Today, we’re going back to a few lesser known lawsuits against lockdown measures. Both were filed in April 2021 (a full 2 years ago), and neither have had a single Court appearance. These are: (a) a police challenge promoted by the group “Police On Guard”; and (b) a challenge for students led by Children’s Health Defense Canada.

Both groups are still soliciting donations, while giving the impression that they have cases actively moving through the system.

So, what are the problems?

1. POG/CHDC Cases Filed In Wrong Ontario Court

To understand just how deep this goes, let’s take a look into the issue of jurisdiction. Filing in the wrong one is typically fatal to a case.

Applications for judicial review
2 (1) On an application by way of originating notice, which may be styled “Notice of Application for Judicial Review”, the court may, despite any right of appeal, by order grant any relief that the applicant would be entitled to in any one or more of the following:
.
1. Proceedings by way of application for an order in the nature of mandamus, prohibition or certiorari.
2. Proceedings by way of an action for a declaration or for an injunction, or both, in relation to the exercise, refusal to exercise or proposed or purported exercise of a statutory power.

Application to Divisional Court
6 (1) Subject to subsection (2), an application for judicial review shall be made to the Divisional Court.
Application to judge of Superior Court of Justice
.
(2) An application for judicial review may be made to the Superior Court of Justice with leave of a judge thereof, which may be granted at the hearing of the application, where it is made to appear to the judge that the case is one of urgency and that the delay required for an application to the Divisional Court is likely to involve a failure of justice.

According to Sections 2 and 6 of the Judicial Review Procedure Act, litigation involving a mandamus (compulsion order), or a prohibition (ban), must be an Application for Judicial Review. It also needs to be filed in Divisional Court, unless leave (permission) is granted.

The Police On Guard case asks for a prohibition (page 13).

The Children’s Health Defense Canada case asks for a prohibition (page 14), and also for a mandamus (page 15).

It doesn’t appear that permission was ever obtained (or ever sought) in order to try these cases in Superior Court, as opposed to Divisional. Consequently, they would probably be thrown out for lack of jurisdiction if they were ever challenged.

Of course, it has to be asked why they haven’t yet been challenged. Perhaps there’s an agreement among the parties to just let these sit.

2. POG/CHDC Cases Haven’t Had Single Court Appearance

It’s easy to SEARCH ONLINE for the latest updates. Neither case has been in Court, and again, we must ask why. There has been no effort to advance either one.

There was a Rule 2.1.01(6) request to have the Children’s Health Defense Canada case thrown out. This is simply filing a letter asking for it to be done. Only in truly incoherent cases is this granted.

Instead, it was misrepresented in alt-media circles to mean that a formal Motion to Strike has been filed, and then dismissed. That didn’t happen. So, why hasn’t the Attorney General made any real effort to get either case tossed? Was there some kind of agreement?

3. POG/CHDC Cases Recycle Previously Struck Content

Both Applications are asking the Court to make declarations as to “what the science is”. These exact remedies have already been ruled as inappropriate both in the Action4Canada case, and the more recent Federal vaccine passport ruling. Both Judges said that these are not the types of questions that should be brought.

There’s also the problem that both Applications are pleaded very poorly, and would likely be struck for non-compliance with the Rules of Civil Procedure. See the Vaccine Choice critique, as the flaws are nearly identical.

Worth pointing out: the Police On Guard and Children’s Health Defense pleadings are virtual clones. It’s as if one was directly cut and pasted to form the basis of the other.

4. Police On Guard Is A Lobbying/Fundraising Group

From their Certificate of Incorporation, it appears that one of the major purposes of Police on Guard is to convince officers to join the ongoing Court action. Yes, its function (at least in part), is to act as a recruitment and lobbying tool to drive potential applicants and donations.

It’s not a stretch to label Police on Guard as a fundraising arm.

5. CHD Canada Case Has Major Conflicts On Interest

Supposedly, Children’s Health Defense Canada is run by Amanda Forbes. That’s very interesting, considering that the documents from Corporations Canada don’t list her at all.

It gets weirder, as Galati, counsel for the CHD Canada lawsuit is listed as a Director. Considering that CHD Canada is listed as an Applicant, that would essentially make Galati a self-representing litigant. Was this ever disclosed?

Moreover, the addresses for all the Directors are that of his Toronto law office. So, is CHD Canada just a shell corporation?

Does Robert Kennedy know that his name and brand are being used for this?

Anyone can search and download Police On Guard and CHD Canada corporate documents.

There’s a public interest in knowing what’s going on. These lawsuits were filed 2 years ago, challenging various lockdown measures. They were publicly advertised, and public donations have been solicited. There’s nothing private about any of this.

Also, Court documents are public records, but the point has been made.

It’s past time to ask some hard questions, isn’t it?

(1) https://policeonguard.ca/category/police-on-guard-court-case/
(2) https://policeonguard.ca/donate/
(3) https://childrenshealthdefense.ca/legalcase/
(4) https://childrenshealthdefense.ca/about-us/donate/
(5) https://childrenshealthdefense.ca/about-us/
(6) https://ised-isde.canada.ca/cc/lgcy/fdrlCrpDtls.html?corpId=13140873&V_TOKEN=null&crpNm=police%20on%20guard&crpNmbr=&bsNmbr=
(7) https://ised-isde.canada.ca/cc/lgcy/fdrlCrpDtls.html?corpId=12951126&V_TOKEN=null&crpNm=children%27s%20health&crpNmbr=&bsNmbr=
(8) https://www.canlii.org/en/on/laws/stat/rso-1990-c-j1/latest/rso-1990-c-j1.html
(9) https://www.ontario.ca/page/search-court-cases-online

POLICE ON GUARD/OFFICERS:
(1) Notice Of Application — April 20, 2021

POLICE ON GUARD CORPORATE DOCUMENTS:
(1) Police On Guard Incorporation
(2) Police On Guard Registered Office & Directors
(3) Police On Guard Directors
(4) Police On Guard Bylaws
(5) Police On Guard Directors Later

ONTARIO STUDENTS/CHDC:
(1) Notice Of Application — April 20, 2021, Masks On Students
(2) Schools – Rule 2.1.01 Decision
(3) Schools — Notice Of Appearance Robert Kyle
(4) Schools — Notice Of Appearance Halton Durham

CHD CANADA CORPORATE DOCUMENTS:
(1) Childrens Health Defense Canada Registered Office
(2) Childrens Health Defense Canada Incorporation
(3) Childrens Health Defense Registered office & Directors
(4) Childrens Health Defense Canada Annual Return

Association of Doctors of B.C. Wants All Drugs Decriminalized, Previously Backed Vaccine Passport

Doctors of BC (British Columbia) describes itself as “a voluntary association of 14,000 physicians, residents and medical students in British Columbia.” It’s interesting that they refer to it as voluntary, as the group promotes policies that are anything but.

As an aside, lobbying efforts also include having obesity declared a chronic disease. This is because… reasons. There’s also calls for “health equity”, whatever that means.

Advocacy regarding decriminalization and safe supply of opioids with policy paper was published in June 2021. The policy paper contains a statement that calls on the provincial government to dedicate resources to health and social interventions that will have a positive impact on the life trajectories of people who use drugs, including reducing drug toxicity injuries and deaths.

This organization calls for: improving access to substance use prevention, harm reduction, and treatment programs and services, all while making it easier to access those same drugs.

Yes, an association which claims to speak for 14,000 physicians, residents and medical students wants to see all hard drugs in the Province decriminalized. Absurd as it sounds, it gets even worse when looking at other policies they recently advocated for.

The lobbying records also listed: “Advocacy regarding secondary use of EMR data with the outcome of a creation of a governance structure for secondary use of data generated from physician EMRs”, as one of the purposes meeting with M.L.A.s. While this is vague, it’s plausible that this could mean selling patient data (possibly with identifying markers removed) for research.

Another topic was: “Advocacy regarding the development of the legislative framework to expand the Public Interest Disclosure Act (PIDA) with the goal of ensuring physicians are covered by the protections of PIDA.” This would make it easier and less risky to divulge confidential information, although the specifics are not clear.

This was less than 2 years ago, so it’s not ancient. It’s also very revealing into the ideologies of how such institutions are really run.

Doctors of BC applauds the provincial government for its announcement of progressive measures to reduce the transmission of COVID-19 in the province, including the reinstatement of the indoor mask mandate, and the introduction of the BC Vaccine Card requiring mandatory vaccinations in order to access discretionary indoor events. In taking these steps, government is recognizing the threat posed by highly transmissible COVID-19 variants and the mounting pressure on our health care system and to those who work in it.

The Association of Doctors of BC supported (in Summer 2021) the vaccine passport being introduced, as well as mask mandates being reinstated. Matthew Chow, President of the group, wrote glowingly about it.

The Association of Doctors of B.C. says it takes people’s health (including mental health) seriously, but openly supported excluding them from society in order to coerce them into taking mRNA shots.

This also helps explain why no doctors were willing to hand out mask or vaccine exemption letters in this Province. They were all controlled.

For an organization that claims to want to create a healthier Province, it ignores the obvious cause of drug use and overdoses in the last few years: medical lockdown measures. In other words, they supposedly want to fix a problem, but support actions that lead to it getting worse.

Even today, they’re still hyping the vaccines.

Just the previous month, the group released a paper calling for the decriminalization of all illicit drugs in B.C. in the name of health and safety. Specifically, there were goals to:

  • Decriminalization of simple possession of all controlled substances for personal use.
  • Enhanced coordination of and improved access to a range of community-based, culturally appropriate, evidence-informed substance use prevention, harm reduction, and treatment programs and services.
  • Increased access to health and social programs and services to address the social determinants of health.
  • Efforts to separate people from the toxic, illicit drug supply, and prevent unintentional toxic drug poisoning or overdose, including improved access to safer pharmaceutical alternatives.

This isn’t really designed to get people to stop doing drugs altogether, but to have them doing it “safely”. And yes, this is a doctor’s group.

The state of health care in B.C….

(1) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=193&regId=56567406
(2) https://www.doctorsofbc.ca/about-us
(3) https://www.doctorsofbc.ca/news/doctors-bc-supports-provincial-government-actions-calls-mandatory-vaccination-health-care
(4) https://archive.is/YrAle
(5) https://www.doctorsofbc.ca/presidents-blog/government-makes-good-moves-we-need-more-curb-covid-19
(6) https://archive.is/FguBF
(7) https://www.doctorsofbc.ca/presidents-blog/government-makes-good-moves-we-need-more-curb-covid-19
(8) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/18022
(9) https://twitter.com/VCHhealthcare/status/1643026387425714176