Bill S-210: Age Restricting Pornography, Women’s LEAF Opposed To It

Bill S-210 passed through the Senate in the Spring of 2023, and has yet to undergo Third Reading in the House of Commons, after the hearings concluded. It had been introduced by Senator Julie Miville-Dechêne of Quebec.

The Bill itself is titled: An Act to restrict young persons’ online access to sexually explicit material. As the name implies, the substance is about age restricting access to pornography.

What’s interesting about this Bill is some of the groups that work to oppose it, and all while claiming to fight for women’s rights. One such organization is Women’s LEAF, the Women’s Legal Education and Action Fund. Leslyn Lewis was once a National Board Member of it.

LEAF describes itself as:

a national, charitable, non-profit organization that works towards ensuring the law guarantees substantive equality for all women, girls, trans, and non-binary people. LEAF has developed expertise in the gendered and intersectional impact of technology-facilitated violence through intervening in landmark cases before the Supreme Court of Canada and making submissions to Parliament to highlight gender equity implications of online hate.

At the hearings before the House of Commons, LEAF made submissions, arguing against Bill S-210. The reasons are baffling.

In fairness, LEAF is hardly the only one to argue against Bill S-210. We’ll get into some of the others as well in subsequent articles.

Rather than implement age-restriction specifically for obscene material, LEAF instead defers to the much broader Bill C-63. While decrying possible invasions of privacy, the group recommends something more expansive.

***NCDII stands for non-consensual distribution of intimate images.

LEAF also has a rather convoluted objection to age-verification, under the guise of victims’ rights. While hundreds of underage people (mostly girls) have been victimized, requiring identification would make it harder for them to access their own images.

This means that LEAF is well aware of that the content of minors is often published, but age-verification can’t be allowed in order to allow victims some recourse. Perhaps a more stringent screening process beforehand would be helpful.

LEAF also adds that “To steer clear of such an inordinate penalty, tech companies are likely to over-moderate content on their sites. 2SLGBTQIA+ community members will bear the brunt of this change: through sexual content moderation, queer and trans content is already disproportionately targeted, banned, restricted, and demonetized on social media platforms“.

While denying that the “community” is full of groomers, LEAF argues that age-verification will disproportionately impact these people.

Defence — legitimate purpose
(2) No organization shall be convicted of an offence under section 5 if the act that is alleged to constitute the offence has a legitimate purpose related to science, medicine, education or the arts.

Keep in mind, section 6(2) of Bill S-210 makes it clear that legitimate purposes related to: (a) science; (b) medicine; (c) education; or (d) “the arts” is a full defence. And “arts” is presumably a broad category. Nonetheless, LEAF still opposes age-verification.

DEPARTMENT/MINISTRY YEAR AMOUNT
Canadian Heritage (PCH), Court Challenges 2022 $25,000.00
Canadian Heritage (PCH), Court Challenges 2023 $54,475.05
Canadian Heritage (PCH), Court Challenges 2024 $54,475.05
Employment and Social Development Canada (ESDC) 2022 $8,911.00
Employment and Social Development Canada (ESDC) 2023 $8,400.00
Employment and Social Development Canada (ESDC) 2024 $8,400.00
Justice Canada (JC) 2023 $33,712.34
Justice Canada (JC) 2024 $33,712.34
Women and Gender Equality (WAGE) 2022 $362,668.00
Women and Gender Equality (WAGE) 2023 $364,183.53
Women and Gender Equality (WAGE) 2024 $364,183.53

This is just some of their more recent financing.

The Canadian Court Challenges Program is an initiative set up with public money in order for various “independent” groups to bring lawsuits challenging public policy. In other words, taxpayers have to finance lawfare against their own institutions.

For an idea of the kind of litigation that LEAF brings, check out some of their earlier work. It’s not a stretch to describe them as anti-family, anti-woman, and anti-humanity.

Lately, LEAF has been using a lobbying firm called Counsel Public Affairs. Bridget Howe, Ben Parsons, Sheamus Murphy, and Laila Hawrylyshyn (all Liberals) have been making their rounds. Counsel P.A. also employs Amber Ruddy, drug lobbyist and former CPC National Secretary.

Women’s LEAF, like so many groups, is also significantly subsidized by taxpayers, across different Ministries. They then hire lobbyists to lean on politicians to implement their agendas. In other words, organizations like these are using public money to pressure politicians against implementing safeguards for what children view online.

You don’t hate these people enough.

BILL S-210, (AGE RESTRICTING PORNOGRAPHY):
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/s-210
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-210/third-reading
(4) https://sencanada.ca/en/senators/miville-dechene-julie/
(5) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=12521982
(6) Women’s LEAF Submission Against Implementing Bill S-210

BILL S-224, (HUMAN TRAFFICKING):
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/s-224
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-224/third-reading
(4) https://sencanada.ca/en/senators/ataullahjan-salma/
(5) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=12111640

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(10.3) Bill C-293: Lobbying Interests Behind Nathaniel Erskine-Smith
(11) Bill C-312: Development Of National Renewable Energy Strategy
(12) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(13) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(14) Bill C-373: Removing Religious Exemptions Protecting Against Antisemitism 2.0
(15) Bill C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill C-390: Expanding Euthanasia Into PROVINCIAL Frameworks
(17) Bills C-398/C-399: Homeless Encampments, Immigration “Equity”
(18) Bill C-413: Prison Time Proposed For Residential School “Denialism”
(19) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(20) Bill S-243: Climate Related Finance Act, Banking Acts
(21) Bill S-248: Removing Final Consent For Euthanasia
(22) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(23) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

Antisemitism Hearings Continue At Canadian Parliament

The House of Commons has resumed hearings into the concerns of the Jewish community in Canada, and to bring forward ideas on what to do about it. To date, there are 23 witnesses scheduled to testify, and 78 briefs filed with Parliament. The hearings began in May 2024.

Officially, the hearings are referred to as: “Antisemitism and Additional Measures that Could be Taken to Address the Valid Fears that are Being Expressed by Canada’s Jewish Community”.

It’s unclear what, if anything, will come as a result. Free speech absolutists will notice the general trend of recommending solutions that involve some form of “re-education” or punishment.

Interestingly, both the Jewish and Islamic lobbies support the implementation of Bill C-63, the Online Harms Act. The vague wording of the text would make it a powerful weapon.

One can’t but notice that the inconsistency of the attitudes of the participants. It seems while free expression is to take a back seat here, it wouldn’t be in similar circumstances. Let’s look at one example, the Centre for Israel and Jewish Affairs, or CIJA.

CIJA On Jewish “Identity”: Free Speech Must Be Curbed

When it comes to protecting the well being of Jews in Canada, nothing is off the table. Aggressive efforts must be made, even if it limits free speech and free association.

  1. Enforce existing anti-hate laws and provide training to courts, police, government employees and the legal system in antisemitism and hate crimes.
  2. Incorporate the IHRA definition of antisemitism into all government training on Equity, Diversity, and Inclusion.
  3. Ban Vancouver-based group Samidoun for its direct and open ties to terror groups.
  4. Have both Ottawa and the provinces introduce safe access (bubble) legislation around synagogues, Jewish community buildings, and centres of Jewish life.
  5. Pass the Online Harms Act.
  6. Introduce the new Anti-Racism Strategy and ensure no government funding goes to those promoting and platforming hate.
  7. Ban the display of symbols of listed terror organizations.
  8. List the Iranian Revolutionary Guard Corps as a terrorist organization.
  9. Improve the collection and reporting of hate crime data, including how the information is shared with threatened communities.
  10. The Government of Canada should direct the provinces to act clearly to prevent antisemitism in schools, both on university campuses and in K-12.

These are the points introduced by CIJA for these hearings. However, it’s interesting to note that these efforts are not encouraged for all groups. Far from it.

CIJA On Palestinian “Identity”: Free Speech Must Be Protected

Despite the seemingly heavy handed approach favoured to combat antisemitism, it seems a different path is desirable regarding Palestinians.

Ottawa, ON – November 8, 2024 – In response to the announcement made by the Special Representative on Combatting Islamophobia about the Prime Minister’s support of “Anti-Palestinian Racism” (APR), the Centre for Israel and Jewish Affairs (CIJA) expressed serious concerns regarding the concept that risks undermining protections for Jewish Canadians and could misuse human rights laws to advance political narratives that silence Jewish voices.

CIJA has engaged directly with the federal government on this issue, calling on the Prime Minister to reject APR and ensure that Canadian policy protects the free expression of all communities without infringing upon Jewish identity or silencing voices within Canada’s Jewish community. CIJA’s engagement has also included correspondence and meetings with key government representatives to advocate for consistent, inclusive, human rights protections.

The concerns are entirely different when it comes to recognizing Palestinians as a race or ethnicity. CIJA summarizes them concisely.

  1. It lacks debate
  2. It is inconsistent with established definitions and redundant under the Charter
  3. It risks sidetracking creation of Islamophobia guides
  4. It challenges freedom of expression
  5. It contravenes Established Government Policies
  6. It is inconsistent with Canadian Foreign Policy
  7. It imposes divisive environment
  8. It silences victims of antisemitism
  9. It silences discussions of terrorism
  10. It invalidates anti-BDS legislation and policy

Recently, CIJA published a paper called: “Ten major concerns with the concept of Anti-Palestinian Racism (APR)”. The main theme is that it undermines legitimate expression, Government policies and is divisive.

It seems more likely that “Anti-Palestinian racism” is opposed as a concept to make it more difficult to declare what Israel does to them as a genocide.

Bernier On Genocide Of Palestinians: U.N. Needs To Shut Up

Maxime Bernier was Foreign Affairs Minister from 2007 until 2008. This is one of the most prestigious positions there is in politics. One would think that he’d have many ideas as to where a future Government could go if he were in power.

However, when running to be the head of the Conservative Party of Canada 2016/2017, his ambitions for foreign policy were very light. He had vague statements about trade and economic growth, but this is his only definitive one:

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

Bernier is no dummy. He knows exactly why the U.N. has been condemning Israel, and the resolutions are very easy to look up. However, he prefers to deflect by referring to the U.N. as “dysfunctional”.

Strange, isn’t it? Bernier was “Mr. Freedom” when it came to Canadians having their rights taken away in 2020 and 2021. But he shilled for a foreign power that did (and still does) worse to its neighbours.

In fairness, few politicians (anywhere) in the West are willing to call out Israeli occupation of Palestinians. A cynic may wonder if all those free vacations had anything to do with it.

Anyhow, this is Parliament is up to these days — hearing witnesses advocate for measures on behalf of a tiny minority — and all because of events on the other side of the world.

(1) https://www.ourcommons.ca/committees/en/JUST/StudyActivity?studyActivityId=12632914
(2) https://www.cija.ca/government_support_of_anti_palestinian_racism_risks_undermining_canadian_jewish_rights
(3) https://assets.nationbuilder.com/cija/pages/4068/attachments/original/1719952377/2024-06-20_APR_Need_to_know.pdf?1719952377
(4) http://www.maximebernier.com/foreign_policy_must_focus_on_the_security_and_prosperity_of_canadians_not_pleasing_the_dysfunctional_united_nations
(5) Wayback Machine Archive Of Bernier

TAXPAYER FUNDED TRIPS TO ISRAEL (2007-2023):
(1) https://ciec-ccie.parl.gc.ca/en/publications/Pages/SponsoredTravel-DeplParraines.aspx
(2) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2007%20Sponsored%20Travel%20List.pdf
(3) CIJA List of Sponsored Travel 2007
(4) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2008%20Sponsored%20Travel%20List.pdf
(5) CIJA List of Sponsored Travel 2008
(6) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2009%20Sponsored%20Travel%20List.pdf
(7) CIJA List of Sponsored Travel 2009
(8) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2010%20Sponsored%20Travel%20List.pdf
(9) CIJA List of Sponsored Travel 2010
(10) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2011%20Sponsored%20Travel%20List.pdf
(11) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2012%20Sponsored%20Travel%20List.pdf
(12) CIJA List of Sponsored Travel 2012
(13) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2013%20Sponsored%20Travel%20List.pdf
(14) CIJA List of Sponsored Travel 2013
(15) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2014%20Sponsored%20Travel%20List.pdf
(16) CIJA List of Sponsored Travel 2014
(17) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2015%20Sponsored%20Travel%20List.pdf
(18) CIJA List of Sponsored Travel 2015
(19) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2016%20Sponsored%20Travel%20List.pdf
(20) CIJA List of Sponsored Travel 2016
(21) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2017%20Sponsored%20Travel%20List.pdf
(22) CIJA List of Sponsored Travel 2017
(23) https://ciec-ccie.parl.gc.ca/en/publications/Documents/SponsoredTravel/2018%20Sponsored%20Travel%20List.pdf
(24) CIJA List of Sponsored Travel 2018
(25) https://ciec-ccie.parl.gc.ca/en/publications/Pages/travel2019-deplacements2019.aspx
(26) CIJA List of Sponsored Travel 2019
(27) https://ciec-ccie.parl.gc.ca/en/publications/Pages/Travel2020-Deplacements2020.aspx
(28) https://ciec-ccie.parl.gc.ca/en/publications/Pages/Travel2021-Deplacements2021.aspx
(29) https://ciec-ccie.parl.gc.ca/en/publications/Pages/Travel2022-Deplacements2022.aspx
(30) CIJA List of Sponsored Travel 2022
(31) https://ciec-ccie.parl.gc.ca/en/publications/Pages/Travel2023-Deplacements2023.aspx
(32) CIJA List of Sponsored Travel 2023

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So what happened? It’s quite simple.

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

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

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

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

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

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

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

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

Rickard/Harrison “Travel Mandates Challenge” Really Just A PRIVATE Suit For Damages

When people are being asked to donate to public cases, a.k.a. public interest litigation, they are entitled to be fully informed about the nature of the suit. As a consumer, honesty and transparency in advertising are obviously important. This applies regardless of industry.

Plaintiffs in a high profile lawsuit filed last year are asking for money. However, it appears they are not being forthcoming about what is really going on. This is, of course, the latest “travel mandates challenge” filed in Federal Court.

Upon reading the Statement of Claim, and the Amended Claim, it appears simply to be a suit requesting damages. There’s no relief sought that would benefit Canadians as a whole. Even if the lawsuit were successful, there’s nothing for the public listed.

It doesn’t look like there’s much of an ideological issue with the injection pass anyway. Starting on paragraph 32, they argue that the Feds were neglient and incompetent in how it was set up. They also try to argue “negligence” and “bad faith” at the same time, despite them being contradictory.

There’s no order being challenged, nor any request that would prevent injection mandates from returning in the future. There’s no money or justice being sought for the “unvaccinated” as a group.

Rickard and Harrison were asked about this, but have refused to provide any answer, other than some insults. It will be interesting to see what happens now.

Brief History On The Proceedings In Federal Courts


The story actually has quite the convoluted history. There were originally 4 Applications filed in Federal Court and heard together. See parts 1, 2, 3 and 4.

The Statement of Claim is the more well known way to start litigation. It typically involves requests for financial compensation, but other orders can be sought as well. By contrast, an Application for Judicial Review has to do with reviewing an existing order, and is meant to be streamlined.

JURISDICTION ACTION JUDICIAL REVIEW STEPS TAKEN
Federal Statement Of Claim Application Motion
Ontario Statement Of Claim Application Motion
British Columbia Notice Of Civil Claim Petition Application
  • December 2021: Rickard/Harrison (T-1991-21)
  • January 2022: Naoum (T-145-22)
  • January 2022: Peckford (T-168-22)
  • February 2022: Bernier (T-247-22)

The Applications were declared “moot” in 2022 by Justice Jocelyne Gagné, but with the caveat that remedies could still be pursued by way of an Action, with a Statement of Claim.

It turned out that none of the Applicants were actually asking for any sort of damages. They were just asking that the injection pass requirement disappear permanently.

[27] Of note, after the IOs/MO were repealed and the Respondent had given notice of its motion for mootness, the Applicants in file T-1991-21 filed a Notice of Motion seeking orders to amend their Notice of Application to assert damages and indicating that their Application would proceed as an Action. On August 3, 2022, Associate Judge Tabib denied the motion, noting “it appears that one of the goals of the proposed amendments is to attempt to insulate the Applicants from the potential consequences of the Respondent’s motion to declare this application moot.” She considered the implications of a dismissal of the motion for mootness and concluded that “I am, accordingly, not satisfied that the dismissal of this application for mootness, if it is ordered, would substantially prejudice the Applicant’s ability to pursue a claim for damages by way of action. More importantly, I am not satisfied that the possibility of a future dismissal, with the resulting costs and inefficiency, justifies, at this time, the extraordinary remedy sought by the Applicants.”

[41] As stated above, these proceedings will have no practical effect on the rights of the Applicants. They have obtained the full relief available to them and a decision of the remaining declaratory relief would provide them no practical utility. If they suffered damages as a result of these IOs/MO being in force, they would have to bring an action against the Crown and have their respective rights assessed in light of all the relevant facts.

[46] Additionally, the rail passenger vaccine mandate is also challenged for breaching sections 2(a), 7, 8 and 15 of the Charter in several actions in damages before this Court (files no. T-554-22 and T-533-22), and the air passenger vaccine mandate in the Alberta Court of King’s Bench (file no. 2203 09246). It is true that none of these proceedings will test the IOs/MO against section 6 of the Charter but, as indicated above, considering that they are no longer in force, the proper vehicle would be an action in damages if the Applicants suffered any damages as a result of these temporary measures. The Court would then have the proper factual background to assess the Applicants’ Charter rights.

The Government lifted the mandates shortly before filing a Motion to declare the cases moot. Yes, this was a cynical ploy, but it was success in obtaining dismissals. The Judge declined to hear the challenges anyway, but gave an alternative path forward.

For reasons that were never made clear, at least not publicly, the Applicants all appealed. They APPEALED a ruling when they could have simply REFILED as an Action. The Federal Court of Appeal threw it out, noting the lawyers didn’t even understand the Standard For Review. (See here)

TYPE OF ERROR STANDARD FOR REVIEW
Error of Fact Overriding, Palpable Error
Error of Pure Law Correctness
Mixed Fact & Law Spectrum, Leaning To Overriding, Palpable Error
Discretionary Orders Overriding, Palpable Error

Justice Gagné’s decision of “mootness” could be challenged by arguing “overriding palpable error”. Granted, this is often harder than “correctness”. But this is very basic, and it’s baffling that senior, experienced lawyers don’t know this.

Then again, why are they appealing at all? Justice Gagné ruled that they could refile as an Action (with a Statement of Claim) if anyone had suffered any damages.

This is “bad beyond argument” level stupid.

[8] Two of the four groups of appellants do not address the standard of review at all in their memoranda of fact and law. The other two argue that the standard of review in these appeals is correctness. However, in oral submissions, the appellants now acknowledge that this Court must follow the appellate standards of review described in the previous paragraph.

Bernier, Peckford and Naoum decided to APPEAL AGAIN, seeking Leave to file with the Supreme Court of Canada. Keep in mind, they still could have refiled their pleadings (as an Action) with the Federal Court. Quite predictably, all Leave Applications were denied.

To their credit, this time, Rickard and Harrison decided to file a Statement of Claim, as had been recommended earlier. However, their suit is so poorly drafted that it’s unlikely to ever go anywhere.

Now we get to the main point of this article.

Rickard/Harrison Claim Is A PRIVATE Lawsuit

1. The Plaintiffs claim the following:

a. Constitutional damages pursuant to Section 24(1) of the Canadian Charter of Rights and Freedoms (the “Charter”), in the amount of $1,000,000, exclusive of interest and costs, for breach of the Plaintiffs’ Section 6, 7 and 15 rights and freedoms as guaranteed by the Charter as a result of government decision-making and action conduct that was rooted in negligence, bad faith and willfully blind to the lack absence of scientific evidence or disconfirming scientific evidence regarding the role, and, in particular, the unknown efficacy, of Covid-19 vaccination in reducing the risk of Covid-19 transmission and infection within the transportation sector;

b. Costs of this action in accordance with the Federal Court Rules, SOR/98-106; and,

c. Such further and other relief as counsel may advise and this Honorable Court deem just.

Both the Statement of Claim and the Amended Claim are available. This is important because it doesn’t match with what’s being claimed. The content of this is quite clearly a private lawsuit for damages. It seeks monetary awards for themselves.

(a) Damages, interest, costs recovered
(b) Costs of the proceeding

While the original Applications were a direct challenge to injectin travel mandates, this case does no such thing. It’s a private lawsuit for money. Even if they were successful, there would be no impact on society at large, as none is being sought.

And by arguing “negligence”, Rickard and Harrison are opening the door for the Government to propose so-called better safeguards.

If Rickard and Harrison wanted donations to finance a lawsuit for their retirements, they can ask. However, they need to be transparent about the nature of the case.

Requests For Donations For “Travel Mandates Challenge”

In his pinned tweet, Rickard promotes this case as “seeking justice for 6-7 million ‘unvaccinated’ Canadians”. However, this is not the case.

The Claim (both original and amended versions) do not ask for any kind of remedy that would aid the public as a whole. There’s no remedy being sought that would benefit 6 or 7 million people. Rickard and Harrison are asking for money for themselves.

True, the original Applications challenged mandates, but this case doesn’t.

Reading the case as a whole, Rickard and Harrison aren’t really even challenging the idea of a “vaccine passport”. Instead, they go on and on about how the Trudeau Government was “negligent” and “reckless” in how it was implemented.

Potentially, a Judge could issue guidance on how to better administer such a system.

Interestingly, Rickard often provides screenshots of the front page of his suit. However, a link to the full document is rarely (if ever) included. A possible reason is that reading the Claim reveals instantly that the “challenge” being described doesn’t exist.

Donations To Be Funneled Through A “Charity”

Also in the pinned tweet, Rickard asks for money for this “historic and incredibly import lawsuit”, offering “charity receipts” to people donating. Now, this charity does exist, and can be found on the C.R.A. site.

Registration can also be found with Corporations Canada. Karl Harrison is listed as a director of the organization.

However, the concern comes in about what is being fundraised. Rickard and Harrison are pitching this lawsuit as public interest litigation, a challenge to the travel mandates.

In reality, it’s a private suit for money — for themselves.

Rickard whines (again, pinned tweet) that the mainstream press in Canada has effectively buried the story. Presumably, he’s not getting the money or attention because everyone’s in bed with Trudeau. It’s quite amusing to see.

Incidently, Rickard and Harrison were contacted about this. They were asked why they were only seeking money for themselves, if they were fundraising for a “travel mandates challenge”. Both have refused to answer.

If there is a legitimate explanation, it would be nice to know. However, it comes across as soliciting funds for a private case, disguised as public interest litigation.

They’re handing out tax receipts to cover donations to their private case, while telling prospective donors that it’s a challenge to injection travel mandates. Not a good look.

FEDERAL COURT APPLICATIONS STRUCK:
(1) https://www.canlii.org/en/ca/fct/doc/2022/2022fc1463/2022fc1463.html

FEDERAL COURT OF APPEAL RULING:
(1) https://www.canlii.org/en/ca/fca/doc/2023/2023fca219/2023fca219.html
(2) Travel Mandates Appeal Bernier Memorandum
(3) Travel Mandates Appeal Peckford Memorandum
(4) Travel Mandates Appeal Rickard-Harrison Memorandum
(5) Travel Mandates Appeal Respondents Memorandum

SUPREME COURT OF CANADA APPLICATIONS FOR LEAVE:
(1) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80713/2024canlii80713.html (Bernier)
(2) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80711/2024canlii80711.html (Peckford)
(3) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80702/2024canlii80702.html (Naoum)

RICKARD/HARRISON STATEMENT OF CLAIM:
(1) Rickard T-2536-23 Statement Of Claim
(2) Rickard T-2536-23 Notice Of Intent To Respond
(3) Rickard T-2536-23 Amended Statement Of Claim
(4) Rickard T-2536-23 Notice Of Motion
(5) Rickard T-2536-23 Motion Strike Statement Of Claim
(6) Rickard T-2536-23 Plaintiff Response To Motion To Strike
(7) Rickard T-2536-23 Motion To Further Amend Claim
(8) Rickard T-2536-23 Further Amended Statement Of Claim
(9) Rickard T-2536-23 Response To Plaintiff Motion To Amend
(10) https://x.com/ShaunRickard67/status/1840070389965128046
(11) https://www.freedomandjustice.ca/donate/
(12) CRA Page Of Institute For Freedom And Justice
(13) Corporations Canada Page

STANDARD OF REVIEW:
(1) https://www.canlii.org/en/ca/scc/doc/2002/2002scc33/2002scc33.html
(2) Housen (Highlighted)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Taken together, what does this all mean?

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

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

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

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(11) Bill C-312: Development Of National Renewable Energy Strategy
(12) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(13) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(14) Bill C-373: Removing Religious Exemptions Protecting Against Antisemitism 2.0
(15) Bill C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill C-390: Expanding Euthanasia Into PROVINCIAL Frameworks
(17) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(18) Bill S-243: Climate Related Finance Act, Banking Acts
(19) Bill S-248: Removing Final Consent For Euthanasia
(20) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(21) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

Motion To Strike To Be Heard In Injection Mandate For Hundreds Of Healthcare Workers

Next week, on Tuesday August 13th, hundreds of Ontario health care workers will hear a Motion to determine whether or not their lawsuit can proceed.

The Statement of Claim (and the amended version) are both extremely poorly written. They fail to plead the necessary information to support any of the major allegations. And what has been pleaded is largely irrelevant. Here’s the previous review of the case.

For clarity, there are actually 2 separate Motions filed. One is from the Ontario Government, and the other from the various hospitals and health care employers. It seems that the latter have banded together in an effort to mitigate their costs.

1. Vast Majority Of Plaintiffs Are/Were Union Members

Out of the 473 named Plaintiffs, some 387 of them, or more than 80%, belong to unions. These include CUPE, Unifor, OPSEU, and others. Starting at page 58 in the hospitals Factum, the Plaintiffs, Defendants and respective unions are all listed. There are additional Plaintiffs who are simply “John Doe”.

Why does this matter? It’s because unions are typically governed by collective bargaining agreements. These include the processes to grieve matters. Almost universally, grievances that cannot be resolve end up getting sent to arbitration, whereas litigation is prohibited.

There are limited exceptions to this, such as workers suing their unions for failing to represent in good faith. However, none of these exceptions are listed, nor are any facts pleaded that would allow for them.

Unfair as it may be, the Courts are consistently ruling that injection mandates are essentially relating to the terms and conditions of employment. In essence, unionized workers don’t have the right to sue.

In theory, the non-union Plaintiffs could still go ahead. However, the pleading is full of serious defects, which will make that impossible. Read the last review. And the Factums (written arguments) filed outline additional problems.

In Court proceedings, there’s an overarching principle that cases are to be conducted as swiftly and cost effectively (cheaply) as possible. That’s going to be a problem for several reasons.

2. Motion Record Of 13,000 Pages Submitted

There was apparently a 23 volume Motion Record, comprising some 13,000 pages. A Motion Record is a collection of documents (typically the Notice, and Affidavit evidence) that will be used at the hearing.

Why 13,000 pages? This is because the Statement of Claim, and the amended one, don’t plead any facts or particulars about specific Plaintiffs. Nor do they plead facts or particulars about any facts or particulars for any Defendants. Essentially, the Defendants are having to provide basic information to the Court about the parties.

This is something the Plaintiffs are typically expected to do.

While this does seem like an absurd amount of material, consider that there are 473 named Plaintiffs. That works out to an average of about 27 pages per person, including employment agreements and union documentation.

This isn’t a effort to justify injection mandates. However, it is unfair — in terms of due process — to sue on behalf of so many people, yet provide no information about their circumstances.

3. Moron Lawyer Sues 59 Separate Defendants

There are 59 separate Defendants in this case. Yes, the usual Government ones are named, such as Doug Ford, Christine Elliott, the Attorney General and the Province of Ontario. This is to be expected.

However, dozens more are listed, and they are scattered across Ontario. Various hospitals and health centres are named, and have to respond. These organizations have little to no connection with each other.

In the Katanik case, organized by Take Action Canada, counsel made the decision to sue 47 different Defendants, including 20 municipalities, as well as the Ontario Government. This resulted in over 20 lawyers being involved to defend that case.

In this case, the various non-Government Defendants have pooled their money to file a single Motion to cover everyone. This was done to reduce overall expenses. And good for them, because this could have been a lot worse in terms of costs.

4. Hundreds Of Plaintiffs With No Connection

It has been pointed out in the Factums that the vast majority of the Plaintiffs don’t even live or work in Toronto, where this case was filed.

The Defendants argue that it’s improper to lump so many Plaintiffs together.

While some do work together and know each other, the Plaintiffs are scattered across the country. Now, this case could have been commenced as a Proposed Class Action (notwithstanding the union issue), but it wasn’t. It clogs up the Courts to bring so many unrelated cases together.

5. Pleading Is “Bad Beyond Argument” In Terms Of Quality

See the previous review. It outlines the major defects in the pleading, and provides constructive criticism about how it should have been done.

6. CSASPP Gets Honourable Mention Here

Back in late 2023, Justice Chalmers dismissed a $1.1 million defamation lawsuit brought against CSASPP, the Canadian Society for the Advancement of Science in Public Policy. He ruled that the now infamous email and FAQ were truthful and accurate.

Now, the hospital Defendants are quoting Justice Chalmers.

4. This Action is untenable with no reasonable chance of success. To borrow Justice Chalmers’ phrasing in Galati v. Toews et al, the pleading is prolix, argumentative, advances pseudo-legal concepts and conspiracy theories, and has no reasonable chance for success. Consequently, the Moving Parties seek an Order striking out the Plaintiffs’ (the “Responding Parties”) Amended Statement of Claim (the “Amended Claim”), without leave to amend, on four grounds:

76. Moreover, this Action does not exist in isolation. Similar pleadings have been filed in Ontario and British Columbia. The British Columbia pleading has since been struck. The Ontario pleading was recently described by Justice Chalmers as follows:

The Ontario pleading is prolix and argumentative. The claim advances pseudo-legal concepts and conspiracy theories that the pandemic was pre-planned and executed by the WHO, Bill Gates, the World Economic Forum and unnamed billionaires and oligarchs. The similarly drafted A4C claim was struck by Justice Ross. In doing so, he described the pleading as “bad beyond argument”.

77. Justice Chalmers further opined that the similar Ontario Action has been improperly pleaded and improperly asserts “bizarre conspiracy theories” which are ineffective and have little or no chance of success. The Moving Parties submit that the same observations equally apply to this case.

Since Vaccine Choice Canada discontinued their case — and presumably kept all the donor money — these comments from Justice Chalmers are closest there will be to a ruling. While the CSASPP case was over (alleged) defamation, the critique has made its way to this lawsuit.

It’s also amusing that the Plaintiffs’ Factum cites that CSASPP was successful in surviving a Motion to Strike back in 2022. This is a bit surreal, to attempt to bankrupt an organization, and then piggyback off of their work.

7. Lawyer Unaware Of Employment Law Precedent

As an aside, it’s baffling that counsel keeps citing the 1995 Supreme Court case of Weber v. Ontario Hydro. It went a long way towards shutting down the ability of unionized employees to go to Court. Time and time again, Judges have thrown lawsuits out for lack of jurisdiction if there’s another outlet.

8. How Much Money Have Plaintiffs Had To Pay?

Without seeing the retainer agreements, it’s impossible to know for sure, but consider that there are 473 named Plaintiffs.

The retainer in the Adelberg case — the Federal one — was $1,000 each.
The retainer in the Katanik case — run by Take Action Canada — was $1,500 each.
There have been rumours going around as well that this retainer was $2,000 per head.

  • 473 Plaintiffs * $1,000/Plaintiff = $473,000
  • 473 Plaintiffs * $1,500/Plaintiff = $709,500
  • 473 Plaintiffs * $2,000/Plaintiff = $946,000

As a rough estimate, it’s fair to say that the Plaintiffs have collectively paid between half a million dollars and a million. And all they’re getting is a cut-and-paste Statement of Claim, with no prospects of getting to Trial.

It’s the same garbage pleading over and over again.

9. Some Final Thoughts

Anyhow, the hearing is next week, assuming it doesn’t get postponed. Of course, it’s also possible that the case just gets dropped altogether. It has happened before.

What will the outcome be? It’s possible that the unionized Plaintiffs will be barred from suing completely. However, the non-unionized Plaintiffs would still have to redraft a proper Claim. This is pretty much what happened with the Adelberg (Federal) case — Government employees were barred, but the private sector workers could proceed. Such a decision could happen again.

Assuming that any of the Plaintiffs are allowed to refile, they need to retain a competent lawyer. Their current one clearly isn’t up to the task.

Pardon earlier errors that listed the hearing date as August 18th, 2024, and the number of Plaintiffs as around 300. It is actually August 13th, with 473 (named) Plaintiffs.

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