Federal Vaccine Passport Case Hears Motion To Strike Claim

Thursday, January 19th was an interesting day in Federal Court. Ottawa brought a Motion to Strike a lawsuit brought by over 600 people challenging a 2021 Order which mandated experimental shots for their continued employment. This applied to: (a) Government workers; and (b) industries that were subject to Federal regulation.

For those who don’t know, this is not a Motion to decide a case on its merits. Instead, it’s designed to throw out a case — either in whole or in part — before it goes through the various stages of litigation. Typically, there’s either some serious error in law, or the case (even if the facts are assumed to be true) is still insufficient.

Originally, the Motion to Strike was to be heard in writing (which means no arguments at a hearing). However, that changed at the last moment, as the Justice decided to allow a 3 hour session. It went a bit past the allotted time, and took about 3 1/2.

If this hearing is to be any indication of where things are going, there were several main issues that needed to be addressed.

1. Are Some Plaintiffs Statute Barred From Going To Court?

No Right of Action
Marginal note: Disputes relating to employment
.
236 (1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute.

Approximately 2/3 of the more than 600 Plaintiffs were members of the Federal Government. The other 1/3 or so were part of companies that were Federally regulated. This can create a split, as only some of them may be eligible for this lawsuit.

Section 236 of the Federal Public Sector Labour Relations Act states that employees have the right to have their problems dealt with via collective bargaining, in lieu of Court action. If this holds, then presumably it would apply to everyone, at least the employees of the Federal Government.

Most union employees, especially in the public sector, are prohibited from taking their problems to Court. Instead, they have to follow a grievance process that eventually leads to arbitration. Granted, those rulings may be appealed if the process is unfair, but that’s where things start out.

This was discussed at length at the hearing: the prospect that the majority of Plaintiffs may be barred from the case. It doesn’t appear any of them ever tried to go through arbitration.

2. Are Other Plaintiffs Suing Wrong Defendants?

While the public sector workers may be barred because of arbitration requirements, the employees of Federally regulated sectors have a different issue: did they sue the wrong people?

The notion was discussed that the individual employers ought to be sued instead, or at least in addition to the Government. After all, shouldn’t a former worker at Air Canada be suing Air Canada? Shouldn’t a former bank employee be suing that bank? Of course, there is the counter-argument that these industries were simply following the rules that Ottawa mandated.

We’ll have to see how that plays out.

3. Why Aren’t All Plaintiffs In Lawsuit Named?

This should be common sense, but, if people wish to take their grievances to Court and ask for money, they need to identify themselves.

Instead, there are 40 “John Does” listed, and another 49 “Jane Does”. The Crown Counsel brought this up at the hearing, and complained that he had no idea who they were. Despite the Defendants’ attempts, these people apparently remain unidentified.

It’s unclear why they weren’t named in the Statement of Claim. One possibility was that they didn’t want their names splashed around, given the rampant fundraising that was going on. It was suggested that this was to prevent retaliation against friends and family who still held jobs. However, that makes little sense, as they’d still have to be identified as some point.

4. Should Have Been An Application For Judicial Review?

One of the grounds that the Defendants bring up in their Motion is that these proceedings really should have been done up as an Application for Judicial Review. Sections 18(1) and (3) of the Federal Courts Act are cited, and it seems pretty clear cut.

Extraordinary remedies, federal tribunals
18 (1) Subject to section 28, the Federal Court has exclusive original jurisdiction
(a) to issue an injunction, writ of certiorari, writ of prohibition, writ of mandamus or writ of quo warranto, or grant declaratory relief, against any federal board, commission or other tribunal; and
(b) to hear and determine any application or other proceeding for relief in the nature of relief contemplated by paragraph (a), including any proceeding brought against the Attorney General of Canada, to obtain relief against a federal board, commission or other tribunal.

Remedies to be obtained on application
(3) The remedies provided for in subsections (1) and (2) may be obtained only on an application for judicial review made under section 18.1.

At the hearing, the Judge stated that he would have no problems with a Statement of Claim, if it were only damages and/or declaratory relief. However, challenging the Order itself presented a complication, as it likely should have been an Application.

This alone may not be fatal. If it were simply a matter of the wrong form, the Judge could theoretically grant an extension of time to refile properly.

5. Is This Suit Considered “Moot”, And Does That Matter?

Ottawa is claiming the issue is “moot” and not worth wasting everyone’s time. Moot, in the legal sense means that the issues are over and done with, and cannot be fixed by the Court. Here, Crown Counsel states that since the Orders have lapsed, there’s nothing to try. That’s what happened with Brian Peckford’s case.

In fairness, this appears to be something that may be selectively employed to deny someone their day in Court. It seems underhanded to pull an Order (or let it expire) as a means of avoiding having to answer for it. There’s also the possibility that similar Orders may be imposed at some point in the future.

It should be noted that “moot” issues can still be tried, if the Court finds there to be compelling public interest in doing so. And so far, that has been applied unevenly.

6. Does Claim Follow The Basics Of Civil Procedure?

This was addressed at length in the first critique of this suit. This Claim appears to not follow even the basics of the Federal Court Rules, which could lead to it getting thrown out. At a minimum the Judge could order that a rewrite be performed.

(a) Lack of material facts pleaded
(b) Overall disorganization
(c) Claim lacks particulars (specifics) needed to proceed
(d) Nature of damages needs to be clearly specified

The Motion to Strike addressed these concerns, along with several others. Striking a pleading won’t (typically) lead to the case being thrown out. However, it does take time — and hourly billings — to amend or redraft it.

The Judge did discuss the possibility of allowing a rewrite, if the Claim weren’t barred for other reasons. This includes the arbitration requirement mentioned earlier.

7. How Much Damage Does A4C Precedent Cause Here?

Crown Counsel brought up the valid point that large sections of this Federal case are similar — and sometimes identical — to the Action4Canada case that was struck on August 29, 2022. (See Order)

Justice Alan Ross found the Action4Canada case:
(a) Prolix, or far too long
(b) Embarrassing to the Court
(c) Made non-justicable demands
(d) Was “bad beyond argument”
(e) Contained many pages of irrelevant material
(f) Was not something that could be adequately responded to
(g) Was so poorly written that mere amendments were inadequate

Now, a fair amount of the content from that NOCC, or Notice of Civil Claim, was cut and pasted into the Federal case. Not only are Plaintiffs not getting quality work, they aren’t even getting original work.

The Federal Judge would likely be obligated to strike the sections of the Claim that are identical or substantially similar to the Action4Canada case.

Despite the NOCC’s horrible quality, Justice Ross did allow Action4Canada the chance to redraft it properly. Instead, they appealed the Decision, because, reasons…

Now, the choice to let Action4Canada rewrite may very well influence this Court if it decides to allow another shot at the Federal vaxx pass case.


Predictions For The Motion Outcome?


Just a guess, but here we go:

  • The case will have to be refiled as an Application for Judicial Review
  • The (ex) Federal employees will be barred, as they should have pursued arbitration
  • The (ex) workers of Federally regulated industries will be allowed to proceed
  • All Plaintiffs will have to identify themselves
  • The pleadings will be struck in their entirety, but a rewrite will be allowed, at least for the Plaintiffs who are not barred.
  • Despite being “moot”, it will be in the public interest to proceed
  • The duplication with Action4Canada case will have to be removed
  • Expect an appeal, and more requests for donations

We’ll have to wait until the decision comes down to see how accurate all this is.

Update: a copy of the retainer agreement is now available for viewing. Turns out that Plaintiffs were paying $1,000 each for the privilege of being represented in this suit. Doesn’t look like they got their money’s worth.

FEDERAL VAXX PASS CHALLENGE
(1) https://policeonguard.ca/wp-content/uploads/2022/06/Filed-SOC.pdf
(2) Federal Court Vaccine Mandate Challenge
(3) Federal Vaccine Passport Challenge Retainer Agreement
(4) Federal Court Vaccine Mandate Challenge Motion To Strike
(5) Federal Court Vaccine Mandate Challenge Affidavit Of Service
(6) Federal Court Vaccine Mandate Challenge Responding Motion Record
(7) Federal Court Of Canada Rules
(8) https://www.laws-lois.justice.gc.ca/eng/acts/F-7/page-3.html#docCont
(9) https://www.laws-lois.justice.gc.ca/eng/acts/P-33.3/page-13.html#h-406405

EARLIER REVIEWS
(1) https://canucklaw.ca/federal-vaxx-pass-claim-fatally-defective/
(2) https://canucklaw.ca/ottawa-files-motion-to-strike-federal-vaccine/

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/

Byram Bridle Lawsuit Unlikely To Ever Get Anywhere

Several people recently forwarded this lawsuit from Byram Bridle, filed just before Christmas. He’s a Professor at the University of Guelph, and has had an eventful last few years. The Claim is 73 pages long, demands $3 million, and is interesting…. to say the least.

It’s difficult to know what’s true and exaggerated, simply because it reads like a comedy skit. The Statement of Claim alleges grand conspiracies between the University of Guelph, various employees and administrators, and some “experts” online.

Also, one of the people Bridle sued is a lawyer in that Province. It appears doubtful this will go over well with the Law Society of Ontario, especially given Galati’s $500,000 suit against them and their former intake officer. That one was filed July 2022, and is facing a Rule 21 Motion to Strike.

Allegedly, they’re all working together to financially and professionally destroy Bridle, because…. reasons, or something. It’s never made clear.

On December 19th, 2022, Dr. Byram Bridle issued a Statement of Claim in Ontario Superior Court. The expert vaccinologist, and viral immunologist, states that he has been viciously and falsely attacked by some of his colleagues, with the complicity of the University administration. Some of the Defendants include the President of University of Guelph, Dean Wichtel, Administrator Arnott, Professor Pyle, Professor Weese, and Dr. David Fisman at the University of Toronto.

Also, it’s a bit unclear how to describe Bridle himself. He’s portrayed as an expert in vaccines and immunology, and was developing vaccines against Covid-19. Granted, that doesn’t exist, but that’s another issue. In the same document, he’s a vocal advocate against people getting these shots.

In this scenario, Bridle is about the only rational one. Others are trying to harass, bully, intimidate and crush him. Again, it’s hard to know what’s real, what’s exaggerated, and what’s flat out untrue.

One disturbing trend within the “freedom movement” is that many see nothing wrong with using the Courts to silence people they disagree with. Kulvinder Gill and the Canadian Frontline Nurses are recent examples.

Does Bridle have a valid case? Maybe, but as it’s written, it’s pretty hard to read without laughing. Guess we’ll have to see.


Why Bridle lawsuit will never go anywhere


Aside from the issues noted above, there’s a bigger problem. The Statement of Claim came from the Constitutional Rights Centre, which has a history of filing: (a) very poorly drafted suits; and (b) letting lawsuits sit for months or years without activity.

Here are some recent ones:

  • Vaccine Choice Canada (VCC), et. Al. (and others) v. Her Majesty the Queen, et.al. (and others) Ontario Superior Court #CV-00629810-0000. Filed October 2019. No movement since pleadings closed in March 2020.
  • Vaccine Choice Canada (VCC), et. Al. (and others) v. Justin Trudeau, et.al. (and others) Ontario Superior Court #CV-20-00643451-0000. Filed July 2020. Single Statement of Defense in August 2022.
  • Gill & Lamba v. MacIver et al. Ontario Superior Court #CV-20-00652918-0000. Filed November 2020. Dismissed as a SLAPP, or strategic lawsuit against public participation. Appealed, but status unknown.
  • Gill v. Attaran & University of Ottawa, Ontario Superior Court #CV-21-00658784-0000. Filed March 2021. A Notice of Intent to Defend (not an actual Statement of Defense) was filed in July 2021. No movement since then.
  • Sgt. Julie Evans, et al v. AG of Ontario, et al Ontario Superior Court #CV-21-00661200-000. Filed April 2021. No movement since Notice of Application filed.
  • M.A. and L.A., et al vs. Eileen De Villa, et al Ontario Superior Court #CV-21-00661284-0000. Filed April 2021. No movement since Notice of Application filed.
  • Action4Canada, et al vs. Dr. Bonnie Henry, Justin Trudeau, Premier Horgan, et al British Columbia Superior Court # VLC-S-S-217586. Filed August 2021. Struck in its entirety.
  • Adelberg et al. v. Attorney General et al. Federal Court #T-1089-22. Filed May 2022. Motion to Strike commenced November 2022.

Kulvinder Gill and Ashvinder Lamba are out at least $1.1 million for a failed $12.75 million defamation suit against 23 individuals and organizations. Their case was predictably dismissed as a SLAPP.

Gill and Lamba bizarrely decided to appeal that dismissal. Given how baseless the original defamation suit was, this will just lead to much larger cost awards when it’s finally thrown out. There had been talk of a second Appeal, one specific to the cost Order.

Gill has another $7 million suit pending against the University of Ottawa, and one of its professors, Amir Attaran. This is even weaker, and vulnerable to another SLAPP Motion.

Action4Canada is currently appealing an August decision to strike the 391 page Notice of Civil Claim in its entirety. Instead of simply drafting it properly, this will waste time and money.

Federal Vaxx Pass challenge is facing a Motion to Strike. Among other defects, the Attorney General notes that it’s largely a cut and paste of the Action4Canada suit.

Vaccine Choice Canada’s high profile suit from July 2020 has sat idle since the filing. It’s nearly 200 pages, and contains plenty of irrelevant information that would lead to it getting struck. It’s unclear at this point who has even been served. Note: see below.

Vaccine Choice Canada has an earlier lawsuit from October 2019. The last activity was March 2020, when the pleadings closed. That was over 3 years ago.

Police On Guard arranged for an Application, which was filed on April 20, 2021, nearly 2 years ago. It sits dormant, with no activity whatsoever. It’s disjointed and nearly impossible to understand.

Children’s Health Defense (Canada), also has an Application from April 20, 2021. It’s essentially a cut and paste of the Police of Guard version. It too has sat dormant for almost 2 years.

This is not the work of people who are truly committed to seeing their cases through. These seem much more like placeholders. There’s no reason to assume Bridle’s case will be treated with any urgency.


Finally movement with Vaccine Choice Canada case?


When perusing the Ontario Superior Court SEARCH, this was recently updated for Vaccine Choice. Apparently, there is a case conference set for January 17, 2023, which just a few weeks away.

This was a bit of a surprise, considering that the case was 2 1/2 years old, with no activity. Most likely, this conference is to set down a hearing date for a Motion to Strike. After all, the case is still in its infancy, and is nowhere near ready for a trial. The Parties haven’t yet appeared even a single time.

The 191 page document doesn’t comply with the Rules of Civil Procedure, so this outcome shouldn’t be a surprise to anyone. Also see here, and see here.

If the Ontario Attorney General is going to attempt to have this suit thrown out, the above reviews will outline what to expect.

As for the Bridle lawsuit, don’t expect it to go anywhere, anytime soon. It wouldn’t be a shock if it just remained idle for the next 3-5 years.

BRIDLE LAWSUIT
(1) Byram Bridle Statement Of Claim

FEDERAL VAXX PASS CHALLENGE
(1) https://policeonguard.ca/wp-content/uploads/2022/06/Filed-SOC.pdf
(2) Federal Court Vaccine Mandate Challenge
(3) Federal Court Vaccine Mandate Challenge Motion To Strike
(4) Federal Court Vaccine Mandate Challenge Affidavit Of Service
(5) Federal Court Vaccine Mandate Challenge Responding Motion Record

ACTION4CANADA COURT DOCUMENTS:
(1) A4C Notice of Civil Claim
(2) A4C Response October 14
(3) A4C Legal Action Update, October 14th 2021 Action4Canada
(4) A4C Notice of Application January 12
(5) A4C Notice of Application January 17
(6) A4C Affidavit Of Rebecca Hill
(7) A4C Response VIH-Providence January 17
(8) A4C Response to Application BC Ferries January 19
(9) https://action4canada.com/wp-content/uploads/Application-Record-VLC-S-S217586.pdf
(10) https://drive.google.com/file/d/1BfS_MyxA9J11WeYZmk8256G7GsWEFZ62/view
(11) Notice_of_Discontinuance_Federico_Fuoco_Fire_Productions
(12) Notice_of_Discontinuance__Amy_Muranetz_
(13) A4C Notice Of Appeal September 28 2022
(14) A4C Dismissal Order As Entered By BCSC

VACCINE CHOICE CANADA COURT DOCUMENTS:
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Mercer Statement Of Defense
(4) VCC – Mercer Affidavit Of Service

VACCINE CHOICE CANADA LAWSUIT (2019):
(1) VCC – Statement Of Claim, October 2019 Lawsuit

KULVINDER GILL/ASHVINDER LAMBA CASE:
(1) Gill/Lamba Defamation Lawsuit December 2020
(2) Gill/Lamba Case Dismissed As A SLAPP
(3) Gill/Lamba Notice of Appeal and Appellants’ Certificate
(4) Gill/Lamba Appeal – Notice of Intention to Dismiss Appeal for Delay, May 12, 2022
(5) Gill/Lamba July 15 Letter To Obtain New Counsel
(6) Gill/Lamba Case Conference Brief July 29, 2022
(7) Gill/Lamba Endorsement New Counsel Cost Submissions August 3, 2022
(8) Gill/Lamba Case $1.1 Million In Costs Ordered October 31, 2022

KULVINDER GILL/ATTARAN/UOTTAWA CASE
(1) Gill-Attaran Statement Of Claim
(2) Gill Attaran Affidavit Of Service
(3) Gill-Attaran Notice Of Intent

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

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

Nova Scotia FOI: Response On Adverse Effects, Reactions, And “Messaging”

Shelly is back at it again, trying to get information from the regime of Robert Strang.

The latest find involves adverse effects and “messaging” that public officials are expected to undertake. It’s actually quite sickening to read it. Here is what was requested:

Amended September 21, 2022: Copies of all records such as correspondence (emails, and letters) reports and documents sent to/given to/ reported to/received by Dr. Robert Strang from doctors, pharmacies, medical officers, hospital administration, long term care and nursing home administration – on the topic of COVID-19 vaccine adverse events/side-effects and deaths that have occurred since it was rolled out in our province. This would include correspondence and reports on adverse events and deaths that are temporally associated with vaccine that have not been clearly attributed to other causes that Dr. Robert Strang has had in his possession. (Date Range for Record Search: amended to Dec 7, 2020-June 7, 2021)

However, sections of the release — and certain names — were redacted because:

  • Section 14: advice by or for a public body or minister. 14(1): The head of a public body may refuse to disclose to an applicant information that would reveal advice, recommendations or draft regulations developed by or for a public body or a minister.
  • Section 20: unreasonable invasion of personal privacy. 20(1): The head of a public body shall refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party’s personal privacy.

Looking through the release package, there are other questions that need to be asked.

(On page 4) it states that “vaccines are thought to offer” maximum protection after 14 days. Perhaps this is overanalyzing, but it comes across as just guessing and speculation.

(On page 7) it was already being reported in January 2021 that people were getting Bell’s Palsy. Instead of pulling the vaccines, there was “messaging” underway to convince the public that it was no big deal.

(On page 26) it’s tacitly admitted that they don’t have any long term data on their test subjects. Apparently, they are to be followed and monitored for 2 years after the fact. That’s fine on its own, but shouldn’t the lack of testing have been made public from the beginning?

If it wasn’t obvious already, officials in Nova Scotia are essentially actors reading from a script. They have been coached on what to say, and how to address inevitable concern from the public. Decide for yourself if this amounts to meaningful transparency.

A death due to COVID-19 is defined for surveillance purposes as a death resulting from a clinically compatible illness, in a probable or confirmed COVID-19 case, unless there is a clear alternative cause of death that cannot be related to COVID disease (e.g. trauma). There should be no period of complete recovery from COVID-19 between illness and death.

The bogus definition of a “covid death” has been covered here before. There’s no way to describe this other than as fraud.

There’s also this minor issue that this so-called virus has ever been proven to exist. If you haven’t yet seen Christine Massey’s work, it’s available online.

(1) 2022-01349-HEA Decision Letter Messaging
(2) 2022-01349-HEA Release Copy Messaging
(3) https://shellyhipson.ca
(4) https://www.fluoridefreepeel.ca/fois-reveal-that-health-science-institutions-around-the-world-have-no-record-of-sars-cov-2-isolation-purification/

OTHER ARTICLES BASED ON SHELLY’S FOIA WORK:
(1) https://canucklaw.ca/nova-scotia-foi-response-tacitly-admits-there-is-no-wave-of-hospitalizations/
(2) https://canucklaw.ca/nova-scotia-foi-result-province-refuses-to-turn-over-data-studies/
(3) https://canucklaw.ca/more-foi-requests-from-nova-scotia-trying-to-get-answers-on-this-pandemic/
(4) https://canucklaw.ca/nova-scotia-foi-request-shows-province-reduced-icu-capacity-in-recent-years/
(5) https://canucklaw.ca/nova-scotia-foi-shows-province-has-no-evidence-asymptomatic/
(6) https://canucklaw.ca/nova-scotia-foi-province-refuses-to-turn-over-contract/
(7) https://canucklaw.ca/nova-scotia-foi-19-1-million-spent-on/
(8) https://canucklaw.ca/nova-scotia-foi-no-real-increase-in-deaths-due-to-pandemic/
(9) https://canucklaw.ca/nova-scotia-foi-more-deaths-as-vaccination-numbers-climb/
(10) https://canucklaw.ca/nova-scotia-foi-govt-data-on-deaths-by-age-vaxx-status/
(11) https://canucklaw.ca/nova-scotia-foi-another-data-dump-on-cases-vaxx-rates/
(12) https://canucklaw.ca/nova-scotia-fois-miscellaneous-findings-on/
(13) https://canucklaw.ca/nova-scotia-foi-cant-be-bothered-with-pfizer-docs/
(14) https://canucklaw.ca/nova-scotia-foi-pfizer-docs-aefi-deaths-weather-modification/

CSASPP Class Action Certification Hearing Videos Now Available Online

An interesting development is taking place in British Columbia. The Canadian Society For The Advancement Of Science In Public Policy (CSASPP) had a weeklong hearing to determine — among other issues — if their class action would be certified. This took place all week, and was to challenge the various dictates of BCPHO Bonnie Henry, and her political handlers.

For their part, the Defense is attempting to get the case struck (thrown out) at least in part. They’ve alleged that it does not disclose a reasonable cause of action, among other things.

This isn’t the trial, to be clear. It’s a series of procedural issues in order to get to trial. The decision is reserved, and expected in the new year.

If certification is successful, the class action trial would begin in April 2023.

A few questions to be determined here:

  • Should the claim be certified as a class action?
  • Can additional Plaintiffs be added to the original claim?
  • Should the claim be struck, in all or in part?

As per an earlier ruling, the proceedings for certification could be posted online.

The videos (for December 12th to 15th) are now available here:

https://www.covidconstitutionalchallengebc.ca/hearing-videos

The December 16th video should be up soon.

Surprisingly, there was real contention at the beginning as to what kind of site should be hosting the videos. While YouTube was suggested, there were concerns that the Terms Of Service would make it too easy to redistribute. Ultimately, they ended up on Vimeo.

However, please do take heed of the warning. Although the hearings are being made public, the usual rules against redistribution and rebroadcasting still apply. Screenshotting, and otherwise generating new copies would breach the order. We more of this type of content available, not less.

This is a recording of judicial proceedings which may not be further broadcast, rebroadcast, transmitted, reproduced, communicated to the public by telecommunication, or otherwise made available in whole or in part in any form or by any means, electronic or otherwise, or stored in whole or in part in any information storage and retrieval system, without the prior written authorization of the Supreme Court of British Columbia.

Any unauthorized use of this recording in breach of the Order of the Supreme Court of British Columbia shall expose the person doing so to legal proceedings for contempt of court.

For the purposes of this pretrial application, the facts alleged in the plaintiff’s Amended Notice of Civil Claim are assumed to be true for the sake of argument. If this matter proceeds to trial, those allegations will be contested and may in the end be found to be false.

It’s worth noting that Action4Canada got an honourable mention on December 14th. The section is from 2h:18m:34s until 2h:19m:20s. The stellar work of their legal experts needed to be showcased.

The 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.

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

Entering Canada Illegally: February 2017 – September 2022 Source Countries

Now for something that isn’t covered much by mainstream (or alternative) media. Who exactly is coming into Canada illegally, in between official border ports of entry? What are the numbers? Fortunately, the Immigration and Refugee Board has at least some information to share.

As readers will know, the overwhelming majority of people coming illegally are entering through Roxham Road in Quebec. They should be turned away, but aren’t.

Let’s look at some hard numbers:

RANK COUNTRY INTAKE ACC REJ ABAN WD&O RESOLVED PENDING
1 Nigeria 16,834 5,408 7,716 204 2,329 15,657 1,177
2 Haiti 14,621 2,534 5,024 380 827 8,765 5,856
3 Columbia 5,158 2,217 664 62 168 3,111 2,047
4 Turkey 3,451 1,889 48 27 33 1,997 1,454
5 Pakistan 2,859 1,401 775 30 138 2,344 515
6 D.R. Congo 2,540 604 626 38 210 1,478 1,062
7 Sudan 1,825 1,418 130 28 82 1,658 167
8 Angola 1,808 568 524 22 103 1,217 591
9 Yemen 1,353 1,076 55 <20 <20 1,159 194
10 Eritrea 1,274 1,026 <20 <20 117 1,215 59
n/a All Others 21,674 11,199 4,555 456 1,469 17,679 3,996
n/a Total 73,397 29,340 20,177 1,265 5,498 56,280 17,118

ACC = Accepted
REJ = Rejected
ABAN = Abandoned
WD&O = Withdrawn And Other

**The IRB lists some totals as <20, and they claim that this is done for privacy reasons. The logic seems to be that if there were only a few who crossed, it would be easier to identify them.

Over 73,000 people have come illegally since 2017, less than 6 years ago. The above totals are from February 2017 through September 2022. The I.R.B. claims that it didn’t have access to such information prior to this. Nonetheless, it’s a good snapshot at what’s going on.

Isn’t this lovely? The bulk of the people ILLEGALLY entering Canada are from the 3rd World. They’ve already passed on at least one safe country — the United States — one that gets hundreds of thousands of applications per year.

And again, this could be stopped very quickly. However, politicians (of all stripes) actively work against the interests of their own citizens.

(1) https://www.irb-cisr.gc.ca/en/statistics/Pages/irregular-border-crossers-countries.aspx
(2) https://archive.vn/hkz3h
(3) Wayback Machine