Challenge To University Of Lethbridge Vaccine Policy Tossed For “Mootness”

An Alberta Judge has dismissed an Application on the grounds that the issue is “moot”, and there’s no relief that can be realistically granted.

The hearing itself took place on May 5th and 6th, with the ruling just coming out. Of course, these mandates were still in place when the Application itself was originally filed.

The case involves a challenge to the “vaccine passport” system that had been in place, and the denial of a religious exemption. The school argued that since the policy has been rescinded, there’s no issue left to be decided.

Is The Application Moot?
[7] The Respondent argues that there is no longer a tangible or concrete dispute between the parties. The vaccination program which is the subject matter of this application was repealed after being in place approximately four months. Therefore, it is the Respondent’s position that any decision made by this Court as to the impact of the program on the Applicant’s Charter or other rights will have no practical effect on her ability to attend the University.

[8] The leading case regarding the principles of mootness remains Borowski v Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 SCR 342 [Borowski]. The doctrine of mootness is an aspect of the general policy or practice that a court may decline to decide a case which raises merely a hypothetical or abstract question. If, subsequent to the initiation of the action or proceeding, events occur which affect the relationship of the parties so that no present live controversy exists which affects the rights of the parties, the case is said to be moot. The matter will therefore not be heard unless the court exercises its discretion to depart from that general policy: Borowski, at para 15.

[9] To determine whether an application is moot, a two-step analysis must be undertaken: first, to determine whether the required tangible and concrete dispute has disappeared and the issues have become academic; and second, if the answer to the first question is yes, to determine whether the court should exercise its discretion to hear the case: Borowski, at para 16.

[10] With respect to the first stage of the analysis, there must be a consideration of whether there remains a live controversy between the parties. A live controversy, in this context, involves whether there exists, on an objective assessment, a dispute between the parties the resolution of which will actually affect the parties’ rights or interests: The Alberta Teachers’ Association v Buffalo Trail Public Schools Regional Division No 28, 2022 ABCA 13, at para 34.

[11] It may well be, from a practical perspective, that there is no remedy that can be granted by the Court to rectify or ameliorate the impact of the alleged breaches of the Applicant’s rights. The Applicant is not seeking damages or other compensatory relief. Nor can the court provide any relief from future potential harm the vaccination policy may cause Ms. Nassichuk-Dean, as that policy is no longer in place and hasn’t been since March. Again, Ms. Nassichuk-Dean is not seeking injunctive or other relief for any anticipated rights breaches against her.

[12] Rather, the Applicant is seeking declarations that the application of the University’s COVID-19 policy violated her s. 7 Charter rights, and that the rejection of her application for a religious exemption from the policy breached her rights under the Alberta Human Rights Act.

Had the Applicant been asking for money, or some additional form of relief, it’s entirely possible the case would have kept going. But since the only issue was challenging the policy itself, it was determined that there’s no longer any issue to be heard.

Of course, what’s to stop the University of Lethbridge (or any school) from re-implementing such mandates in the future? There’s no assurance they won’t at some point.

On a side note: the University of Lethbridge, like other Canadian schools, is a registered charity. This means that it receives the benefits of many tax breaks ordinary citizens cannot get.

The school receives handouts from all levels of Government, so it’s unlikely that it will do anything to rock the boat. No college or university in Canada did anything to challenge or push back on vaccine or mask mandates. As with everything, follow the money.

(1) https://www.canlii.org/en/ab/abkb/doc/2022/2022abkb629/2022abkb629.html
(2) https://www.canlii.org/en/ab/abkb/doc/2022/2022abkb629/2022abkb629.pdf
(3) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=5301&regId=924907
(4) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=lethbridge+university&q.stts=0007&selectedCharityBn=119279248RR0001&dsrdPg=1

Hearing On Motion To Strike Federal Travel Restrictions Cases For “Mootness”

Canadians have filed several court challenges related to travel restrictions going on since 2020. It appears that 4 cases were consolidated, given their related and overlapping issues. The primary issues revolved around Section 6 of the Charter, Mobility Rights.

  • T-1991-21: Karl Harrison/Shaun Rickard
  • T-145-22: Nabil Ben Naoum
  • T-168-22: Brian Peckford et al.
  • T-247-22: Maxime Bernier

Although the circumstances of each challenge differ, all of them are concerned with Canadians being able to travel and move freely within the country.

Mobility of citizens
6 (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
.
Marginal note: Rights to move and gain livelihood
(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.

However, Section 1 of the Charter has shown just how worthless this document really is. Far from the requirement that limitations be demonstrably justified, Judges have seen fit to uphold these violations based on the flimsiest of justifications.

Instead, it’s been replaced with blindly trusting the experts.

Rights and freedoms in Canada
1 The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

That being said, the Feds probably aren’t interested in having to justify these restrictions in court, so they came up with another option. Their lawyers filed a motion to strike the case for “mootness”. Plainly put, the argument is that since the restrictions have been lifted (as in, the orders expired), there’s nothing for a Judge to look at.

This is disingenuous for a few reasons. First, even if there are no active restrictions, it doesn’t erase any harm or violation of Constitutional rights. This comes across as a cop-out to avoid taking any responsibilities.

Second, various officials have made it clear they “won’t hesitate to bring back” various restrictions and martial law measures. So, while these may be “suspended” for the time being, it doesn’t mean that they won’t come back in some form.

We’ll have to see what comes of this, but it would be unfortunate to allow this kind of stunt to circumvent people getting their day in court.

(1) https://www.fct-cf.gc.ca/
(2) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont
(3) T-1991-21 Doc 51 MOTION RECORD in response to Motion Doc. No. 44
(4) https://laws-lois.justice.gc.ca/eng/Const/page-12.html

B.C. Supreme Court Throws Out 4 Cases Involving Vaccine Passports

The British Columbia Supreme Court handed down 4 related rulings this week, each against freedom and bodily autonomy in the Province. All had to do with the so-called “vaccine passports” that were brought here in September 2021.

The decisions all came from Chief Justice Hinkson. The impression one can get is that there was little interest in preserving the rights of the petitioners. It’s pretty scary how the “trust the experts” mantra can trump actual rights. There was apparently no real issue with limiting people’s personal and social lives in order to coerce them into taking an unknown concoction.

The Vancouver Sun did a decent job of covering the rulings.

Kassian v. British Columbia, the Canadian Constitution Foundation was granted public interest standing. The petitioners were seeking exemptions to the vaccine passport system. However, the petitioners undercut their own arguments (paragraph 52), since they support the passes in general, but simply want proper exemptions to be built in. The Court said these proceedings were premature, as not all options had been exhausted.

Eliason v. British Columbia (Attorney General), was primarily aimed at the Food and Liquor Serving Premises Order” and “the Gatherings and Events Order. It was noted that the College of Physicians and Surgeons of B.C. gave guidelines to strictly limit exemptions. Ultimately, it was decided that there were other remedies available (such as seeking exemptions), and that going to Court shouldn’t be the first option.

Maddock v. British Columbia, challenged the Food and Liquor Serving Premises (December 22, 2021), and the Gatherings and Events & Food and Liquor Serving Premises Orders. Apparently it wasn’t enough to simply refuse a vaccine or not to be interested in it. The Judge decided that Bonnie Henry acted within her authority, and declined to vary the Orders.

Canadian Society for the Advancement of Science in Public Policy v. British Columbia, the court found that refusing to let people participate in “discretionary activities”, and didn’t violate human rights. Specifically, this referred to the Food and Liquor Serving Premises Order (“FLSP Order”) and the Gathering and Events Order (“G&E Order”). Bonnie Henry, the unelected BCPHO, was within her rights making such orders. CSASPP was denied public interest standing, while its Executive Director, Kipling Warner, was granted private interest standing.

Do read the decisions above. The commentary provided doesn’t really do justice, given how long the reasons are.

On the bright side, these petitioners at least got their day in court. Some constitutional rights lawyers struggle to form coherent sentences and arguments.

In each of these challenges, the Government tried to use “mootness” as a defense. In other words, it was argued that since the orders were expired, the judge should not consider them.

Interestingly, none of these cases involve challenges to the Public Health Act itself. It’s been covered here before many times how the 2005 Quarantine Act is really just domestic implementation of the 3rd Edition of the International Health Regulations. Also, the Public Health Agency of Canada, PHAC, is a de-facto branch of the World Health Organization. The W.H.O. Constitution is something else that erodes national sovereignty.

In fairness, these reviews are limited in scope. But it would be nice to have these issues brought up at least once. Unfortunately, the depth of this scam, including lack of proof a virus exists, seems off limits to most challengers.

(1) https://www.bccourts.ca/supreme_court/recent_judgments.aspx
(2) Kassian v. British Columbia, 2022 BCSC 1603
https://www.bccourts.ca/jdb-txt/sc/22/16/2022BCSC1603.htm
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1603/2022bcsc1603.html
(3) Eliason v. British Columbia (Attorney General), 2022 BCSC 1604
https://www.bccourts.ca/jdb-txt/sc/22/16/2022BCSC1604.htm
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1604/2022bcsc1604.html
(4) Maddock v. British Columbia, 2022 BCSC 1605
https://www.bccourts.ca/jdb-txt/sc/22/16/2022BCSC1605.htm
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1605/2022bcsc1605.html
(5) CSASPP v. British Columbia, 2022 BCSC 1606
https://www.bccourts.ca/jdb-txt/sc/22/16/2022BCSC1606.htm
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1606/2022bcsc1606.html
(6) https://vancouversun.com/news/local-news/bc-chief-judge-dismisses-four-challenges-to-covid-health-orders
(7) https://www.fluoridefreepeel.ca/fois-reveal-that-health-science-institutions-around-the-world-have-no-record-of-sars-cov-2-isolation-purification/

OLDER RULING
(A) Beaudoin v. British Columbia, 2021 BCSC 248, BCSC 248
https://www.bccourts.ca/jdb-txt/sc/21/02/2021BCSC0248.htm
https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc512/2021bcsc512.html

O.C.T. Discipline Hearing To Be Held For Ryan Imgrund, Former “Pandemic” Expert

Ryan Imgrund made a name for himself with his endless “Covid-19 death wave” predictions. Despite working as a high school teacher for a career, he was touted by the media as an expert. Now, he’s back in the public spotlight for an entirely different reason.

The Ontario College of Teachers has sent notice of a discipline hearing relating to allegations involving some of his students. (See archive).

According to O.C.T. records, Imgrund was eligible to teach as of June 2003. April 2022, his license was temporarily suspended. It was cancelled completely in June of this year.

The complaint cites psychological or emotional abuse or students, as well as sexual abuse of at least one student. The specifics in the complaint are listed below.

The details (if true) allege a pattern of not respecting professional boundaries between himself and his student over a prolonged period. There are 5 students listed, with personal details redacted to protect their identities.

At this time, no dates for the hearing have yet been set. Nor is it clear how much time any further investigations will take.

This should be obvious, but will be mentioned anyway: at this point, these are only allegations. Nothing has yet been proven.

Imgrund had been covered on this site before, primarily because of his role in facilitating mass panic.

Since March 2020, he listed his work history as “Biostatistician / Corporate Consultant” and doing this as a form of self employment. Apparently, he earned a living “discovering, analyzing and interpreting scientific, mathematical, economic and retail trends”. All of that said, he was most well know for making doomsday predictions around virus infections.

But something else about his biography never made sense. His LinkedIn page states he was working at PHAC, the Public Health Agency of Canada, from 2000 until 2009. (See archive). This doesn’t seem plausible, as he would have been a university junior at that time, and presumably very busy.

It also doesn’t add up since PHAC didn’t come into existence until 2004. It was done by Order in Council, and extensively outlined here. This is far more than simple resume padding.

In any event, Imgrund’s side gig as a television expert seems to have come to an end. He hasn’t appeared since news of the suspension broke earlier this year. We’ll have to see how events unfold.

(1) https://oct.ca/NOHStream.pdf?documentType=NOH&id=1077&lang=E
(2) Imgrund Discipline Hearing Notice
(3) https://oct.ca/members/complaints-and-discipline/disciplinary-hearing-details?RegistrationId=463065
(4) https://apps.oct.ca/FindATeacher/memberdetail?id=463065

(5) https://twitter.com/imgrund
(6) https://www.linkedin.com/in/ryan-imgrund-aa944b85/
(7) https://archive.ph/OkkFr
(8) https://www.canada.ca/en/public-health/corporate/mandate/about-agency/history.html
(9) https://www.raptorsrepublic.com/2020/10/06/the-interview-ryan-imgrund-biostatistician-imgrund/
(10) https://www.cbc.ca/news/canada/ottawa/statistician-worried-back-to-school-plan-risky-1.5671012
(11) https://www.sickkids.ca/siteassets/about/about-sickkids/sickkids-annual-report-2019-2020.pdf
(12) Sick Kids Hospital Major Donors
(13) https://canucklaw.ca/cv-29-the-financial-ties-between-sick-kids-hospital-and-the-gates-foundation/
(14) https://www.newmarkettoday.ca/coronavirus-covid-19-local-news/how-a-newmarket-biostatistician-is-using-rt-to-track-the-impact-of-reopening-2515509 for them.
(15) https://southlake.ca/foundation/about/your-investment-in-southlake/

O.H.R.T./O.C.T. Okay Pushing Gender Ideology On Young Children

A recent ruling from the Ontario Human Rights Tribunal has found that pushing gender ideology on children as young as 6 doesn’t amount to a violation of their rights.

It was also mentioned in the ruling that a complaint was filed with the O.C.T., who saw no issues in terms of professional standards of practice.

In some sense, this shouldn’t be a surprise. Considering that “human rights” now involve perpetuating this. Curiously, had the teacher said that there are only boys and girls, the H.R.T. would likely have taken that much more seriously.

Here are the events as described in the decision:

[16] P.B. described that in March 2018, on a Saturday morning at the breakfast table, when the family was having a conversation about family roles, N.B. told her parents that there were no such things as boys and girls. In response to her father’s statement that when she grew up she could be a mother, N.B. apparently said to her parents that she did not want to be a “mommy” when she grew up, and she wanted a dog instead. She apparently also told her parents that she knew that you can go to a doctor to change your body, if you don’t want to have a baby.

[17] In response to her parents’ query about these statements, N.B. told her parents that the statement about boys and girls, as well as about the role of a doctor in changing a person’s body was apparently made in her Grade 1 classroom in January, although N.B. did not mention it to her parents until March 2018.

[18] Also in March 2018, N.B. allegedly told her father on the way home from school one day that her teacher had said at some point that “there was no difference between boys and girls” and further that “boys can be girls and girls can be boys”.

[19] These statements regarding boys and girls, as cited by N.B.’s father J.B., as well as some of N.B.’s follow up comments about gender issues, coupled with her drawing of a gender spectrum on the white board in her bedroom, allegedly concerned P.B. sufficiently that she decided to “look into the matter and take some follow up action”.

Forget the “human rights” element for a moment. This shouldn’t be taught in schools at all, let alone to children who are barely out of kindergarten.

The document goes on a length about consistencies in the witnesses’ memories. However, this is beside the point, as the H.R.T. most likely would have thrown the case out regardless of how certain everyone was on their facts.

(Paragraph 105) The students are exposed to gender-spectrum-drawings, which was supposedly shocking and distressing by iteself.

(Paragraph 112) It was also admitted that complaints had been filed with the O.C.T., or Ontario College of Teachers. However, they were dismissed since none of this amounted to a failure of professional standards.

(Paragraph 133) the H.R.T. seems to play dumb with the claims of “cultural colonization” and a way of “reprogramming a child’s identity”. Apparently, confusing children doesn’t amount to violating their human rights in any way.

(Paragraph 139) There’s apparently a Gender Identity and Gender Expression Guide to Support Our Students. This document is based upon the Code, as well as the Human Rights Commission’s “Policy on preventing discrimination because of gender identity and gender expression”. In other words, the so-called human rights were used as a justification to push gender ideology in the first place.

(Paragraph 143) The Grade 1 teacher admits that there is the motivation of acceptance, in not teaching that there are in fact real differences between boys and girls.

The decision goes on at length about how “gender expression” is now entrenched as a human right. Interestingly, girls and boys who are content with reality are forced to put up with such things. There’s no right to be protected from this ideology.

Throughout the ruling — and likely many others — physical and biological reality is substituted for “identity”, and for “expression”. Genuine truths don’t seem to matter if someone gets offended over this.

Ultimately, the case was thrown out. Pushing gender fluidity on young children wasn’t against the Human Rights Code. Apparently, it doesn’t go against the College of Teachers’ professional standards either.

Incidents like that are why more and more parents are looking at homeschooling.

(1) https://www.canlii.org/en/on/onhrt/doc/2022/2022hrto1044/2022hrto1044.html
(2) https://www.canlii.org/en/on/onhrt/doc/2022/2022hrto1044/2022hrto1044.pdf

Will The VCC July 6, 2020 Suit Be Targeted Next?

As covered recently, Action4Canada’s rambling and incoherent suit was struck in its entirety by the B.C. Supreme Court. This was entirely predictable, as outlined here a year ago.

In a bit of a twist, the Judge didn’t completely throw the case out. He said that there were potentially valid issues. Instead, the pleadings were so shoddy that they had to be redone throughout.

Now, there’s another question to ask: will the July 6, 2020 suit with Vaccine Choice Canada be attacked next? It contains essentially the same serious defects as its counterpart. The Ontario Attorney General could make use of the A4C ruling to bolster a coming Motion to Strike.

Even back in November 2020, it was obvious that nothing was going to happen.

In addition to the above concerns, there are some others to look at:

1. Motion To Dismiss For Failure To Prosecute

In this context “failure to prosecute” means a failure to advance the case. The person(s) or group that initiates proceedings (Plaintiff, Applicant, Moving Party, Appellant, etc…) have an obligation to keep the case moving and active. With Vaccine Choice specifically, the suit was filed on July 6, 2020, and sat inactive for more than 2 years. True, CBC has been released as a Defendant, and Nicola Mercer has filed a Statement of Defense. However, others could try to get a dismissal for inactivity.

Rule 24 of Civil Procedure outlines a number of reasons to dismiss for delay, and gives a guideline of 6 months. It’s unclear though how strongly this is enforced.

It has to be asked why there was no attempt to secure a Default Judgement if other other side wasn’t responding. Had they not all been served? CBC claims — or at least implies — they weren’t.

2. Motion To Dismiss For “Mootness” Of Issues

According to Nicola Mercer’s SoD, paragraphs 25 and 26, the issue of various Orders is “moot” because they have long since expired. In the legal world, mootness means irrelevance, as these are issues that the Court can no longer try.

Think of it this way: would it make sense to go to Family Court for child custody once they are adults? Probably not.

Granted, the Plaintiffs can always ask for an injunction to prevent similar Orders in the future. However, it speaks volumes that the case was allowed to sit for years. Obviously, there was no real effort or urgency in getting them thrown out. The suit may well get tossed (at least in part) for this.

3. Dismissal Under Statute Of Limitations

Typically, there are time limits regarding how long a person can go to Court to seek a remedy. The reasoning goes that it isn’t beneficial to litigate ancient wrongs after a certain point. While there are exceptions, the Ontario Limitations Act, Section 4, specifies 2 years for most things. This is referred to as the “Basic Limitation Period“.

Why does this matter? Because the Statute of Limitations is typically an absolute bar to proceedings. The Vaccine Choice Canada case clearly isn’t going anywhere. If any of the Plaintiffs were to discontinue, and then refile elsewhere, they would be prevented from bringing issues over 2 years old.

In essence, this has been a great way to run out the clock.

4. Dismissal As Suit Brought For Improper Purposes

This should be obvious, but the only reason someone is allowed to file a lawsuit is to take it to Trial. The person(s) has to believe that there is a strong case, and that it can be won on the merits.

By contrast, the July 13, 2022 livestream with Vaccine Choice Canada suggests other motivations at play. Justifications such as “taking a shot across the bow” or of “educating the public”, or of “getting a response” are offered up. Problem is: all of this is illegal. None of these are valid reasons to sue. It’s entirely possible the lawsuit could be thrown out just based on these statements.

In that livestream, it’s asserted that Summary Judgement will be sought against the Defendants. That’s funny. This is when a Judge determines that either there’s not valid defense, or a valid case. If anything, this would be used in favour of throwing out the suit.

There has been boasting that this suit was “leverage” to implement mask exemptions. Action4Canada makes similar statements with respect to their suit. It’s hard to see how, given how poorly the Claims were written. Even if true, it’s not a valid reason to file.

5. Dismissal Over Potential Conflict Of Interest

An observant person might notice a few other things.

(Page 24) April 20, 2021 Application Of Various Police Officers
(Page 20) April 20, 2021 Application Against Masks On School Children

This is potentially a serious problem. Denis Rancourt is listed as an expert witness in 2 Applications filed in 2021. He’s also a Plaintiff in the above Vaccine Choice suit. A Judge likely wouldn’t view him as an impartial expert witness if he has an interest in a related matter. Yes, his background is impressive, but this still wouldn’t sit well.

Worth noting, both Applications above could probably be dismissed as well for delay, mootness, and failure to prosecute. They’ve been inactive since April 2021.

Would it be nice to see the Courts completely and permanently block these medical martial law measures? Absolutely it would. However, these are clearly not the cases that will do that. These are nothing more than money pits.

People really need to ask the hard questions, such as: (a) how much money has been raised; and (b) where has it gone?

Will the Ontario Attorney General go after the July 6, 2020 VCC case?

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

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) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html