Category: UN/WHO

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U.N. Sendai Framework Introduced Domestically Via B.C. Bill 31 (Emergency & Disaster Management Act)

A few weeks ago, British Columbia Bill 31, the Emergency and Disaster Management Act, made ripples because of the embedded language which seemed to be a threat to property rights. Under the pretense of emergencies, rights could be suspended in a manner that heavily paralleled the Public Health Act.

However, it’s noteworthy that the B.C. Government isn’t actually responsible for this legislation. It’s domestic implementation of the United Nations Sendai Framework, signed in Japan in 2015.

Introduction and
First Reading of Bills
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BILL 31 — EMERGENCY AND DISASTER MANAGEMENT ACT
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Hon. B. Ma presented a message from Her Honour the Lieutenant-Governor: a bill intituled Emergency and Disaster Management Act.
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Hon. B. Ma: I move that Bill 31 be introduced and read a first time now.
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Mr. Speaker, I’m pleased to introduce the Emergency and Disaster Management Act. This bill delivers on government’s pledge to introduce modernized emergency management legislation that aligns with the United Nations Sendai framework for disaster risk reduction, the international best practices for how we make our communities safer and more resilient.
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This legislation formally recognizes the rights of First Nations as decision-makers in emergency management, which is an important step in aligning B.C.’s approach with the declaration on the rights of Indigenous peoples.
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The Emergency and Disaster Management Act moves towards a holistic four-phase approach of mitigation, preparation, response and recovery. It embraces disaster risk reduction and will require that climate risk be assessed so that entities can better mitigate the impacts of climate-related emergencies before they happen.
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This bill updates the concept of what constitutes an emergency to reflect modern realities and risks and provides improved tools for response and recovery. I look forward to debate on this bill and, ultimately, to the improvements it will bring for the safety of people across British Columbia.
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Mr. Speaker: Members, the question is the first reading of the bill.
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Motion approved.

It’s also explicitly stated that it will be used to “mitigate the risks” of climate change, but without specifying what those risks are.

Bill 31 is quite long, but here are a few notable parts. Section 76 allows the Minister to suspend property rights under the guise of mitigating an emergency. It also allows for warrantless entry under that same pretense.

Furthermore, the Minister is able to order that property be destroyed …. including crops. By this logic, food supply would not be secure either.

Land and other property
76 (1) The minister may, by order, do one or more of the following:
(a) appropriate, use or control the use of any personal property;
(b) use or control the use of any land;
(c) authorize the entry without warrant into any structure or onto any land by any person for the purpose of taking emergency measures;
(d) prohibit the entry into any structure or onto any land by any person;
(e) authorize or require the alteration, removal or demolition of any trees, crops, structures or landscapes;
(f) authorize or require the construction, alteration, removal or demolition of works;
(g) require the owner of a structure to
(i) have any damage to the structure assessed, and
(ii) give the results of the assessment to the minister or a person in a class of persons specified by the minister.
(2) The power under subsection (1) (b) to use or control the use of land does not apply to specified land.

Section 78 would give the Government the power to restrict travel and movement, shut down businesses, and various events. This greatly parallels what happened from 2020 to 2022. The difference here is that the excuse isn’t a disease.

General restrictions
78 (1) The minister may, by order, control or prohibit one or more of the following:
(a) travel to or from any area;
(b) the carrying on of a business or a type of business;
(c) an event or a type of event.
(2) The minister may, by order, do one or more of the following:
(a) require a person to stop doing an activity, including an activity that a person is licensed, permitted or otherwise authorized to do under an enactment;
(b) put limits or conditions on doing an activity, including limits or conditions that have the effect of modifying a licence, permit or other authorization issued under an enactment.

Section 82 says that the Lieutenant Governor in Council can make retroactive orders. This would presumably legalize actions that would previously have been illegal.

Section 139 makes it clear that compliance is mandatory.

Section 140 gives provincial administrators the power to ask for police enforcement

Section 141 outlines judicial remedies to obtain injunction.

Section 154 provides protection from legal proceedings for pretty much anyone involved in implementing emergency management orders.

There is much more to this Bill, and that will be covered in a follow-up.

Now, what does this have to do with the United Nations?

Turns out, that the Sendai Framework was agreed to in 2015, and this is just B.C. implementing their version of it. This is also the third conference, with the first being Yokohama in 1994, and the second in Hyogo in 2005. The specific agency is the UNDDR, the United Nations Office for Disaster Risk Reduction.

The full text of the Sendai Framework for Disaster Risk Reduction (see archive) is available online. As should be apparent, Bill 31 heavily copies this content.

And the Emergency & Disaster Management Act heavily mirrors the Provincial Public Health Acts, which strip away property rights under the cloak of disease prevent. Those have been covered here and here.

More to come!

(1) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/4th-session/bills/bills-with-hansard-debate
(2) https://www.leg.bc.ca/documents-data/debate-transcripts/42nd-parliament/4th-session/20231003am-Hansard-n331#bill31-1R
(3) https://www.preventionweb.net/publication/sendai-framework-disaster-risk-reduction-2015-2030
(4) https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf
(5) https://www.preventionweb.net/files/44983_sendaiframeworkchart.pdf
(6) Sendai Framework 2015 Full Text English
(7) https://en.wikipedia.org/wiki/World_Conference_on_Disaster_Risk_Reduction

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Date Set For Federal Injection Pass Appeal, Pleadings Were “Bad Beyond Argument”

February 2023, a lawsuit by over 600 Federal workers, and workers of Federally regulated industries, was struck in its entirety by Justice Fothergill. November 8th, the Federal Court of Appeals will review the case. Spoiler: the Appeal will be dismissed.

To describe briefly, the Statement of Claim was struck without leave (or permission) to amend against 400 Plaintiffs on the grounds that they were barred by Section 236 of the Federal Public Sector Labour Relations Act, or FPSLRA. Government workers, for the most part, don’t have the right to sue their employer.

This didn’t apply to non-Government workers, such as in banking or aviation. However, the Claim was drafted so poorly that it was struck anyway, but with leave to amend.

The Appeal is baseless, and will go nowhere.

While there are many errors in the original case, here are 3 big ones:

1. Federal Workers Barred From Litigation, Must Grieve Instead

Right of employee
208 (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved (a) by the interpretation or application, in respect of the employee, of
(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or
(ii) a provision of a collective agreement or an arbitral award; or
(b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.

No Right of Action
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.

Application
236(2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication.

Taken together, Sections 208 and 236 of the FPSLRA give Federal employees the right to grieve, something that often ends in arbitration. However, they don’t necessarily have a right to sue in Court.

Now, there is (somewhat) of a way around this. If Litigants can demonstrate that the grievance process is seriously flawed or corrupted, they may get a Court to hear this. However, that didn’t happen, nor does it appear to have been attempted.

Not only was this case not beneficial to the public, but it was used as precedent in at least 3 more rulings, denying litigants access to the Courts:

(A) Davis v. Canada (Royal Mounted Police), 2023 FC 280
(B) Horsman v. Canada (Fisheries, Oceans and Coast Guard), 2023 FC 929
(C) Doe v Canada (Attorney General), 2023 BCSC 1701

The Appellants allege that Justice Fothergill failed to give reasons for denying their Claim, but he did. It’s in Paragraphs 10-36 of the ruling. Granted, it’s not one that will satisfy them, but it is addressed.

2. Claim Fails To Follow Basics Of Civil Procedure

This comes from Paragraph 39 of the ruling, and lists some of the more obvious problems that came up with this lawsuit. The Federal Court Rules should be known to anyone who brings a case, as they outline the process for doing so.

As stated previously, lawsuits must be written well enough so that the opposing sides (and the Judge) are able to understand what’s going on. This isn’t optional.

173 (1) Pleadings shall be divided into consecutively numbered paragraphs.
Allegations set out separately
(2) Every allegation in a pleading shall, as far as is practicable, be set out in a separate paragraph.

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

When it’s stated that “particulars” are required, this means specific information. There’s an extra burden on the Party making the claims to ensure that they are spelled out. That wasn’t done here, nor was it done in several related anti-lockdown suits.

The case was struck as “bad beyond argument“, and rightfully so. While the non-Government Plaintiffs have the right to refile, they may wish to retain better counsel.

The Claim was struck — in part — as the basics of drafting weren’t followed. The Claim heavily mirrored the Action4Canada case, also struck as “bad beyond argument“.

The Appeal (bizarrely) criticizes Justice Fothergill for relying on the Action4Canada case as a precedent. It’s unclear why, unless this is deliberate obfuscation. The parallels are striking. Although the Federal Claim is much shorter, it has substantially the same defects.

3. Large Portions Of Claim Outside Jurisdiction Of Federal Court

[Para 53] Justice Ross granted leave to the plaintiffs in Action4Canada to amend their pleading. However, he specified that numerous claims, some of which are also advanced in the present proceeding, are improper in a civil action (Action4Canada at paras 52-53). These include allegations of criminal behaviour, broad declarations respecting the current state of medical and scientific knowledge, and a declaration that administering medical treatment without informed consent is a crime against humanity.

This should be obvious. If someone is going to commence litigation, it must be over issues that a Court can at least theoretically preside over. Yes, the merits of the case will need to be determined. However, if there are jurisdiction problems, then everything comes to a stop immediately.

The same problems occurred with the Action4Canada case, with Justice Ross saying:

[52] The defendants submit that the NOCC pleads to a number of claims that are improper in a civil action. In part, the defendants point to the following elements of the NOCC as inappropriate:

a) alleging criminal conduct;
b) seeking a declaration that the preponderance of the scientific community is of the view that masks are ineffective in preventing transmission;
c) seeking a declaration that the motive and execution of the COVID-19 prevention measures by the World Health Organization are not related to a bona fide “pandemic”;
d) seeking a declaration that administering medical treatment without informed consent constitutes experimental medical treatment which is contrary to the Nuremberg Code, the Helsinki Declaration and is a crime against humanity under the Criminal Code of Canada;
e) seeking a declaration that the unjustified, irrational, and arbitrary decisions of which businesses would remain open, and which would close, as being “essential”, or not, was designed and implemented to favour mega-corporations and to de facto put most small businesses out of business; and
f) seeking a declaration that the measures of masking, social distancing, PCR testing, and lockdowns are not scientifically based, and are based on a false and fraudulent use of the PCR test.

[53] I agree with the defendants that these are improper claims.

This shows why the Action4Canada case was used to help with striking the Federal one. Not only are both poorly written — and don’t follow the Rules of Civil Procedure — but both make demands that Civil Courts can’t realistically grant.

In other news:

Action4Canada then appealed the findings that the B.C. Supreme Court couldn’t preside over such matters, but then let the case sit. It went “inactive” until called out.

Vaccine Choice Canada’s July 2020 case is also facing a Motion to Strike in Ontario in the new year. It will be thrown out for much the same reasons. The case was idle from 2020 until January 2023, when the Motion was finally brought.

Vaccine Choice Canada’s October 2019 lawsuit challenging regulations around immunizing Ontario students hasn’t had a single Court appearance, despite being filed over 4 years ago.

Take Action Canada arranged for a mass filing in Ontario, and the Statement of Claim is a virtual clone of the Federal one. It contains the same challenges which a Civil Court can’t grant. It’s sat dormant since. Because the Plaintiffs (police, fire fighters, paramedics, etc…) are mainly unionized, jurisdiction will be an issue for them as well.

An April 2021 Application organized by Police On Guard, and another from Children’s Health Defense (Canada), aren’t being pursued. Despite being filed nearly 3 years ago, neither have had a single Court appearance.

Also, after the Federal case was struck, there was an email sent out to all 600 or so Plaintiffs, asking for more money. The “freedom business” has turned out to be quite lucrative. Apparently, the $1,000 per head retainer didn’t cover this Appeal, and was only meant to cover Trial costs.

But of course, we all know none of these claims will ever get to Trial.

How much money has been pumped into these nothing-burger lawsuits?

FEDERAL VAXX PASS CHALLENGE (APPEAL)
(1) FCA Adelberg V. HMTK A-67-23 Notice Of Appeal
(2) FCA Adelberg V. HMTK A-67-23 Appeal Book
(3) FCA Adelberg V. HMTK A-67-23 Appellants MFL
(4) FCA Adelberg V. HMTK A-67-23 Respondents MFL

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) Federal Court Decision On Motion To Strike (Archive)
(9) https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/522970/index.do
(10) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(11) https://laws-lois.justice.gc.ca/eng/regulations/sor-98-106/page-9.html#h-1013947
(12) https://www.laws-lois.justice.gc.ca/eng/acts/P-33.3/page-13.html#h-406405

PRECEDENTS CREATED
(1) https://www.canlii.org/en/ca/fct/doc/2023/2023fc280/2023fc280.html#par85
(2) https://www.canlii.org/en/ca/fct/doc/2023/2023fc929/2023fc929.html#par17
(3) https://www.canlii.org/en/bc/bcsc/doc/2023/2023bcsc1701/2023bcsc1701.html#par30

MONEY
(1) Letter to Federal Worker Plaintiffs
(2) Federal Workers Action Donation Link For PayPal
(3) Ontario First Responders Action Donation Link For PayPal
(4) School Action Donation Link For PayPal
(5) Police Officer Action Donation Link For PayPal
(6) https://www.web.archive.org/web/20220526170932/https://www.constitutionalrightscentre.ca/
(7) Federal Workers Retainer Agreement
(8) Ontario First Responders Retainer Agreement
(9) Donate To Public Citizens Inquiry
(10) Donations For Supposed B.C. Doctors Action

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Respondent Lawyers Accused Of Misconduct In Action4Canada Appeal

It’s interesting what people can do when motivated. October 13th, this piece went out, publishing that the Action4Canada Appeal had been listed as “inactive” due to a failure to schedule the hearing.

Less than a week later, it’s been announced that the case has been removed from the “inactive” listings, and a hearing booked for February 14th, 2024.

Further details: Action4Canada filed an appeal on Sept. 28, 2022 and the Respondents filed their response by January 2023. The appeal could have been before the Appeal Court within 6 months however, the Respondents were not cooperative in setting a timely date. Rocco’s office consistently made every effort to work with all parties involved. If a court date is not set within a year the file is automatically put on an ‘inactive’ list. This transpired on Sept. 28, 2023 and was due to the Respondents’ ongoing delays in setting a date.

The update is accurate, at least in the sense that Appeals are automatically considered inactive if a Notice of Hearing isn’t filed within a year of the Notice of Appeal. That part is true. Section 50 of the B.C. Court of Appeal Rules spells this out.

However, it’s probably not a good idea to go around accusing the Respondent/Defendant lawyers of attempting to delay and sabotage the hearing of the Appeal. It seems unlikely that this would be protected under anti-SLAPP laws.

On the off chance that this is true, some receipts would be nice.

Also, delaying the case would make no sense from their perspective. The Appeal is baseless — as has been covered here — and focuses primarily on issues that a B.C. Civil Court has no jurisdiction to grant. It revolves around Paragraph 52 in Justice Ross’ ruling. This would be an easy case to get thrown out.

This also isn’t the first time that Government lawyers have been accused of deliberately stalling this case. Back in late 2020, there were claims that the B.C. officials had delayed service by 2 1/2 months.

This makes little sense either, as the 391 page Notice of Civil Claim, or NOCC, was a convoluted mess that was doomed to fail from the outset.

Looking at the big picture, Action4Canada has been fundraising for about 3 1/2 years now and still hasn’t put forward a valid NOCC. This will never get to Trial.

In other news:

(1) The Federal Court of Appeals will hear the Appeal of some 600+ Plaintiffs — both Government workers and employees of Federally regulated industries — on November 8th, 2023. See the background information here.

(2) Vaccine Choice Canada will be in Court for 2 days, January 30 and February 1st, 2024. This is to finally have the hearing to strike out the July 6, 2020 Claim. For anyone wondering why it took so long, it’s because it took 2 1/2 years to have a first appearance.

Factums (arguments) are due starting in November, and will be provided.

(3) Vaccine Choice’s other case, from October 2019, hasn’t gotten past the pleading stages. This is despite being filed 4 years ago. It may very well be dismissed for delay soon.

Update: Shortly after this was published, Action4Canada made significant changes to their October 19, 2023 update. They removed references to the Respondent lawyers deliberately delaying the hearing of the Appeal. Guess someone had to explain that these kind of accusations are a bad idea. Without receipts or other proof, a defamation claim was quite possible.

Remember to donate!

ACTION4CANADA APPEAL DOCUMENTS:
(1) A4C Notice Of Appeal September 28 2022
(2) A4C Appeal – Notice Of Appearance – VIHA
(3) A4C Appeal – Notice Of Appearance – BC Defendants
(4) A4C Appeal – Notice Of Appearance – Attorney General of Canada
(5) A4C Appeal – Notice Of Appearance – Peter Kwok, Translink
(6) A4C Appeal – Notice Of Appearance – BC Ferries, Brittney Sylvester
(7) A4C Appeal – Appeal Book – Appellant
(8) A4C Appeal – Appeal Book – Respondent VIH And PHC
(9) A4C Appeal – Appeal Record – Stand Alone Respondents VIHA
(10) A4C Appeal – Appeal Record – Stand Alone
(11) A4C Appeal – Factum – Appellant
(12) A4C Appeal – Factum – Respondent Attorney General Of Canada
(13) A4C Appeal – Factum – Respondent BC Ferries and Brittney Sylvester
(14) A4C Appeal – Factum – Respondent HMK -Provincial Defendants
(15) A4C Appeal – Factum – Respondent Peter Kwok and Translink
(16) A4C Appeal – Factum – Respondent VIHA and Providence Health
(17) A4C Appeal – Consent Order – Factum, Time Limits
(18) A4C Appeal – Change In Representation – BC Defendants
(19) A4C Appeal – Notice Of Hearing February 2024

ACTION4CANADA BCSC DOCUMENTS:
(1) A4C BCSC – Notice Of Civil Claim
(2) A4C BCSC – Response to Civil Claim (Health Authority Defendants)
(3) A4C BCSC – Response to Civil Claim (Provincial Defendants)
(4) A4C BCSC – Affidavit No 1 of Rebecca Hill
(5) A4C BCSC – Notice of Application (AG and RCMP applies to strike)
(6) A4C BCSC – Notice of Application (Provincial Defendants applies to strike)
(7) A4C BCSC – Notice of Application (Translink applies to strike)
(8) A4C BCSC – Application Response (Health Authority Defendants consent to strike)
(9) A4C BCSC – Application Response (BC Ferries consents to strike)
(10) A4C BCSC – Application Response (AG and RCMP consent to Prov. strike application)
(11) A4C BCSC – Application Response (Translink consents to HA Defendants strike application)
(12) A4C BCSC – Application Response (Translink consents to Prov. strike application)
(13) A4C BCSC – Affidavit No 2 of Rebecca Hill
(14) A4C BCSC – Application Record (to strike)
(15) A4C BCSC – Application Response (all plaintiffs)
(16) A4C BCSC – Amended Application Response (all plaintiffs)
(17) A4C BCSC – Transcript Application To Strike
(18) A4C BCSC – Reasons For Striking NOCC In Its Entirety
(19) A4C BCSC – Order striking pleadings
(20) A4C BCSC – Order striking pleading in its entirety with costs payable forthwith
(21) A4C BCSC – Appointment to assess bill of costs for Kwok and Translink
(22) A4C BCSC – Notice of Discontinuance (Kimberly Woolman & Estate of Jaqueline Woolman)
(23) A4C BCSC – Notice of Discontinuance (Amy Muranetz)
(24) A4C BCSC – Notice of Discontinuance (Federico Fuoco & Fire Productions Ltd.)

OTHER:
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) https://www.lawsociety.bc.ca/Website/media/Shared/docs/becoming/material/civil.pdf
(3) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/168_2009_01#rule3-1
(4) https://justice.gov.bc.ca/cso/index.do
(5) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2022a#division_d0e3656
(6) https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca450/2022bcca450.html#par10

ACTION4CANADA FINANCIAL DOCS:
(A) A4C Docs Profits And Losses 2021-2022
(B) A4C Docs Balance Sheet 2021-2022
(C) A4C-Docs-General-Ledger-2021-2022

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Take Action Canada: 2 Years Later, No Activity In Vaccine Mandate Case

This is an update from March 2023. More than 100 “first responders” from Ontario (police, medical, firefighters, etc….) filed a lawsuit against the Ontario Government and their respective organizations. It sought over $100 million in damages.

April 2021: For context, it’s important to know the history. Originally, there was an Application filed back in April 2021 on behalf of a number of Ontario police officers. This case was heavily promoted, and donations solicited, from a group called Police On Guard. It’s interesting that P.O.G. was never listed as a client, despite their public role.

That case sat idly for several months — as always — before the next version came out. Now, the case is still considered active, and no one bothered to tell the public that this Application wasn’t being pursued. It’s unclear if any of the donor money was ever returned.

Worth noting: there was an April 2021 Application from Children’s Health Defense (Canada). It also appears that it’s not being pursued, and nothing has been publicly announced about returning donations.

Fall 2021: The next iteration was by a group called Take Action Canada. This was more broadly to challenge the vaccine passports that were being implemented in the Fall of 2021. Apparently, prospective clients were being asked to contribute $1,500 each, despite this being (despite abandoning the April Application).

March 1, 2023: Although the clients’ livelihoods made this case urgent, nothing was actually filed until March 2023. That’s right, it took approximately a year and a half from the time the suit was being organized, until the time a Statement of Claim was filed in Ontario Superior Court. Clearly, there is no urgency whatsoever in getting this done.

And what was the product? A rehash of filings from British Columbia and the Federal Court that had already been thrown out as “bad beyond argument”. People who had been forced from their professions were paying retainer fees for copies of pleadings previously tossed, and more than once.

July 18, 2023: an Amended Statement of Claim was filed. It pleaded some specific details for 35 of the Plaintiffs. The likely reason for doing this was to address criticisms from earlier cases that the claims lacked facts and background information. Here’s the Requisition.

However, the Amended Claim also states that “particulars will be provided later”. This likely won’t sit well with the Court, as Defendants are entitled to know the case against them.

August 10, 2023: the City of Hamilton filed a Notice of Intent to Defend. Note, this not the same thing as filing a Defence. It’s just a short statement that they intend to do so.

According to a recent response from the Court Registry, no actual defences have been filed, nor are there any hearings scheduled. In other words, it’s just another dead end case.

Should things progress, there are a few major problems to contend with:

  • First: the Plaintiffs mostly (if not entirely) are/were unionized employees, which means there’s a requirement to go through the grievance process. This typically ends in arbitration. While there are limited ways to argue around this, this document falls far short of that.
  • Second: as with similar cases, this one is pleaded so poorly that it’s likely to get struck due to its incomprehensible and incoherent nature. While not fatal, it will be another significant delay.
  • Third: given that it took so long to even get a case filed, the Defendants are likely to argue that the issues are “moot” (as in no longer relevant).
  • Fourth: even if some of the Plaintiffs were to seek out a new lawyer and file a new case, the Statute of Limitations — typically 2 years — will prevent them from refiling.

This case was announced 2 years ago, and hasn’t gotten past the pleadings stage. This is comparable with Vaccine Choice Canada’s 2020 suit, which was dormant for 2 1/2 years before a Motion to Strike was brought. That will be heard January 30th February 1st, 2024.

Again, few of these cases are being tried on the merits. They are being struck or dismissed because they aren’t written in an intelligible way, or have fatal defects.

This site has covered only a relatively small number of these kinds of cases. One has to wonder how prevalent the issue really is.

Instead of criticizing this site, perhaps Take Action Canada should be trying to reimburse people who’ve paid the retainer fees. Just a thought.

(1) https://takeactioncanada.ca/
(2) https://twitter.com/Takeactioncan
(3) Ontario EMS Statement Of Claim
(4) Ontario EMS Amended Statement Of Claim
(5) Ontario EMS Requisition To Amend
(6) Ontario EMS Notice Of Intent To Defend
(7) https://canucklaw.ca/ontario-ems-workers-suit-recycled-from-recent/
(8) https://canucklaw.ca/wp-content/uploads/Notice-Of-Application-Police-On-Guard.pdf
(9) https://canucklaw.ca/wp-content/uploads/Take-Action-Canada-Retainer-Essential-First
(10) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html#par45
(11) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html#par52

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Action4Canada Appeal Put On “Inactive” List, Likely To Be Dismissed As Abandoned

Remember that dumpster fire of a case that Action4Canada filed in August of 2021? Remember how it was struck — not on the merits — but because it was so poorly written? Bad beyond argument?

Heck, even the Law Society of British Columbia piled on.

While Justice Ross did allow for a rewrite, the decision was appealed instead.

This Appeal was particularly frivolous considering the content that was being challenged. Specifically, most of it centered around Paragraph 52, outlining many of the areas that there was no jurisdiction to bring to Civil Court.

[52] The defendants submit that the NOCC pleads to a number of claims that are improper in a civil action. In part, the defendants point to the following elements of the NOCC as inappropriate:

a) alleging criminal conduct;
b) seeking a declaration that the preponderance of the scientific community is of the view that masks are ineffective in preventing transmission;
c) seeking a declaration that the motive and execution of the COVID-19 prevention measures by the World Health Organization are not related to a bona fide “pandemic”;
d) seeking a declaration that administering medical treatment without informed consent constitutes experimental medical treatment which is contrary to the Nuremberg Code, the Helsinki Declaration and is a crime against humanity under the Criminal Code of Canada;
e) seeking a declaration that the unjustified, irrational, and arbitrary decisions of which businesses would remain open, and which would close, as being “essential”, or not, was designed and implemented to favour mega-corporations and to de facto put most small businesses out of business; and
f) seeking a declaration that the measures of masking, social distancing, PCR testing, and lockdowns are not scientifically based, and are based on a false and fraudulent use of the PCR test.

[53] I agree with the defendants that these are improper claims.

The B.C. Court of Appeals isn’t going to overturn this. Full stop.

As for the request to revisit the costs issue, it needs to be pointed out that costs are almost entirely discretionary. Given that Justice Ross (correctly) ruled the Notice of Civil Claim wasn’t drafted properly, no one will fault him for such a finding anyway.

Unsurprisingly, there were more requests for donations.

And what a time to be alive. We are in the age where Court Services Online (C.S.O.) can be accessed by anyone. Any member of the public can search a case online, and see what exactly is going on. Yes, B.C. does paywall this content, but it’s not expensive.

As it turns out, no Appeal has yet been scheduled to be heard. This is a serious problem, as British Columbia, like most jurisdictions, don’t want files sitting dormant for months or years. The Action4Canada appeal has been classified as “inactive”, due to a failure to schedule the hearing.

Back at the beginning of 2023, there was a consent order for Translink to delay sending its Factum (arguments). However, it has since been filed.

It also appears that Mark Witten has been replaced as counsel for the B.C. Defendants for some reason.

The B.C. Court of Appeal Rules, and the Act outline the issue A4C is going to have:

[Division 3, Rule 50]
Managing inactive appeal list
50 (1)The registrar must place an appeal on the inactive appeal list if a notice of hearing of appeal is not filed in accordance with these rules by the date that is:
.
(a) one year after the notice of appeal is filed for the appeal, or
(b) 60 days after the appeal is ready for hearing.

[Division 4, Rule 51]
Appeals that are dismissed as abandoned
51(1) For the purposes of section 23 [appeals or applications for leave to appeal dismissed as abandoned] of the Act, an appeal or application for leave to appeal is dismissed as abandoned if it remains on the inactive appeal list for 180 days.

(2) Unless a justice orders otherwise, an appeal that is dismissed as abandoned under subrule (1) may not be reinstated.

[Court of Appeal Act]
Appeals or applications for leave to appeal dismissed as abandoned
23(1) An appeal or application for leave to appeal is dismissed as abandoned if it remains inactive under the circumstances and to the extent set out in the rules.
.
(2) An appeal or application for leave to appeal that has been dismissed as abandoned under subsection (1) may be reinstated in accordance with the rules.

Under Rule 50, an Appeal must be placed on the “inactive” list if more than 1 calendar year has elapsed since the Notice of Appeal was filed. Under Rule 51, if it remains on that list for 6 months, it will be dismissed for being abandoned. That’s consistent with Rule 23 of the Court of Appeal Act

Interestingly, the Appellants — people launching the Appeal — can’t just fill out a form if the case gets dismissed. Instead, a Judge must approve it.

There have been allegations made that the Respondents have been deliberately delaying getting a hearing booked. This seems very unlikely, for the reasons outlined previously. The Appeal doesn’t address the elephant in the room — that the Claim wasn’t written properly — so there’s no real prospect of the decision getting overruled.

Huang v. Li, 2022 BCCA 450 outlined the test for reinstating Appeals at Paragraph 10:

(a) the length of the delay and, in particular, whether the delay has been inordinate;
(b) the reason for the delay and, in particular, whether the delay is excusable;
(c) whether the respondent has suffered prejudice as a result of the delay; and
(d) the extent of the merits of the appeal.

Ground (d) is particularly fatal. There are no merits to the Appeal. None whatsoever. Instead of rewriting an incoherent Notice of Claim, an Appeal was filed to challenge jurisdiction on a number of issues Civil Courts can’t determine. It’s clearly and obviously baseless.

Supposedly, Action4Canada has a new Notice of Civil Claim ready to go. If this is actually true, then it boggles the mind why they’re wasting time and money messing around with this Appeal.

Questions need to be asked about this.

Receipts attached below (as usual).

UPDATE TO ARTICLE: This Notice of Hearing was filed October 19, 2023. It seems that people are taking note about what gets published in this case.

ACTION4CANADA APPEAL DOCUMENTS:
(1) A4C Notice Of Appeal September 28 2022
(2) A4C Appeal – Notice Of Appearance – VIHA
(3) A4C Appeal – Notice Of Appearance – BC Defendants
(4) A4C Appeal – Notice Of Appearance – Attorney General of Canada
(5) A4C Appeal – Notice Of Appearance – Peter Kwok, Translink
(6) A4C Appeal – Notice Of Appearance – BC Ferries, Brittney Sylvester
(7) A4C Appeal – Appeal Book – Appellant
(8) A4C Appeal – Appeal Book – Respondent VIH And PHC
(9) A4C Appeal – Appeal Record – Stand Alone Respondents VIHA
(10) A4C Appeal – Appeal Record – Stand Alone
(11) A4C Appeal – Factum – Appellant
(12) A4C Appeal – Factum – Respondent Attorney General Of Canada
(13) A4C Appeal – Factum – Respondent BC Ferries and Brittney Sylvester
(14) A4C Appeal – Factum – Respondent HMK -Provincial Defendants
(15) A4C Appeal – Factum – Respondent Peter Kwok and Translink
(16) A4C Appeal – Factum – Respondent VIHA and Providence Health
(17) A4C Appeal – Consent Order – Factum, Time Limits
(18) A4C Appeal – Change In Representation – BC Defendants
(19) A4C Appeal – Notice Of Hearing February 2024

ACTION4CANADA BCSC DOCUMENTS:
(1) A4C BCSC – Notice Of Civil Claim
(2) A4C BCSC – Response to Civil Claim (Health Authority Defendants)
(3) A4C BCSC – Response to Civil Claim (Provincial Defendants)
(4) A4C BCSC – Affidavit No 1 of Rebecca Hill
(5) A4C BCSC – Notice of Application (AG and RCMP applies to strike)
(6) A4C BCSC – Notice of Application (Provincial Defendants applies to strike)
(7) A4C BCSC – Notice of Application (Translink applies to strike)
(8) A4C BCSC – Application Response (Health Authority Defendants consent to strike)
(9) A4C BCSC – Application Response (BC Ferries consents to strike)
(10) A4C BCSC – Application Response (AG and RCMP consent to Prov. strike application)
(11) A4C BCSC – Application Response (Translink consents to HA Defendants strike application)
(12) A4C BCSC – Application Response (Translink consents to Prov. strike application)
(13) A4C BCSC – Affidavit No 2 of Rebecca Hill
(14) A4C BCSC – Application Record (to strike)
(15) A4C BCSC – Application Response (all plaintiffs)
(16) A4C BCSC – Amended Application Response (all plaintiffs)
(17) A4C BCSC – Transcript Application To Strike
(18) A4C BCSC – Reasons For Striking NOCC In Its Entirety
(19) A4C BCSC – Order striking pleadings
(20) A4C BCSC – Order striking pleading in its entirety with costs payable forthwith
(21) A4C BCSC – Appointment to assess bill of costs for Kwok and Translink
(22) A4C BCSC – Notice of Discontinuance (Kimberly Woolman & Estate of Jaqueline Woolman)
(23) A4C BCSC – Notice of Discontinuance (Amy Muranetz)
(24) A4C BCSC – Notice of Discontinuance (Federico Fuoco & Fire Productions Ltd.)

OTHER:
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) https://www.lawsociety.bc.ca/Website/media/Shared/docs/becoming/material/civil.pdf
(3) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/168_2009_01#rule3-1
(4) https://justice.gov.bc.ca/cso/index.do
(5) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2022a#division_d0e3656
(6) https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca450/2022bcca450.html#par10

ACTION4CANADA FINANCIAL DOCS:
(A) A4C Docs Profits And Losses 2021-2022
(B) A4C Docs Balance Sheet 2021-2022
(C) A4C-Docs-General-Ledger-2021-2022

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A Look Into The Motion To Throw Out Vaccine Choice Canada’s July 2020 Lawsuit

The Ontario Government has filed its Notice of Motion, explaining exactly how and why it wants the July 6th, 2020 lawsuit thrown out. There are more papers to come, but here is the gist of it, according to the Attorney General:

  • The case is frivolous and vexatious
  • The Orders being challenged lapsed long ago
  • The pleadings are written so poorly, it’s impossible to respond to

For context, consider that the Claim was filed in July 2020, and then sat inactive for 2 1/2 years. The first Court appearance (of any kind) was on January 17th, 2023. This was a case conference to schedule dates for a Motion to Strike.

We are approaching the 3 year anniversary of the Statement of Claim being filed.

The case has been idle and inactive for so long that many of the issues it raises are moot, and no longer of relevance. This includes various emergency orders, which have long since expired. This site predicted last Summer that this would happen.

That’s right: the Government is trying to get the case tossed, at least in part, because the orders being challenged lapsed ages ago.

The Notice states that absent a new Declaration of Emergency, it’s impossible to issue more Orders such as under the Reopening Ontario Act.

The Statement of Claim, despite being 191 pages, is lacking in any details or specificity about the orders and regulations that are being challenged. In other words, it’s too vague for the Defendants to meaningfully respond to.

The Notice cites Rule 25.06(1) of Civil Procedure. This refers to the requirement that pleadings contain a concise set of material facts. The Claim certainly does not.

The Notice cites Rule 21.01(1)(b) of Civil Procedure, arguing that the Claim doesn’t disclose a reasonable Cause of Action. In other words, it’s not asking for things that the Ontario Superior Court (Civil) can realistically grant, even if the allegations were proven.

The Notice states: “The pleadings are replete with irrelevant, speculative and bare allegations,
including numerous allegations which are beyond belief or proof. The pleadings are filled with conspiracy theories, including allegations regarding Bill Gates, the World Health Organization, and “a declared agenda to impose global mandatory vaccination, ID chipping, testing and immunity certification on all citizens” that “has been in the works for decades.””

It’s worth mentioning that filling the Claim with non-justicible issues will very likely cause the pleadings to be struck for that reason alone. It happened with Action4Canada in August 2022, and with 600 Federal Plaintiffs in February 2023. In fact, it’s inevitable that those cases will be used as precedents here.

The Vaccine Choice lawsuit is similarly filled with issues that a Civil Court can’t preside over, and makes countless accusations against non-Parties.

Expect a Decision with the words “bad beyond argument” early in the new year.

As for sending a message to the CBC, that will never happen. The lawsuit was discontinued against them in July 2022, after they threatened to being an anti-SLAPP Motion.

Another ground for the Motion is that the Claim is scandalous (pleads evidence), frivolous and vexatious. The Government is claiming that the suit is a waste of everyone’s time, and is very poorly written. If only someone could have spoken up about that years ago.

The dates for various documents to be filed are outlined in this Requisition Form. It doesn’t appear that there will be any Affidavits or cross-examinations to be done, but those are listed anyway.

The undeniable reality is that there was never any attempt — serious or otherwise — to bring this case to Trial. This site has been warning about that since late 2020 and into 2021.

The Applications pushed by Police On Guard and Children’s Health Defense Canada are apparently “moot” as well, and not being advanced. However, neither group makes that clear, and both are still soliciting donations. More on that another time.

The leadership at Vaccine Choice doesn’t deny that nothing has happened with this case. Instead, they offer nonsense justifications about why it’s no longer necessary to pursue. Probably the most common example are claims that simply filing this lawsuit led to exemptions for masks. Even if this were true, what about everything else that was alleged in the papers?

Action4Canada boasts of similar achievements, such as its filing resulting in mask exemptions on B.C. Ferries. Of course, no evidence is ever submitted.

The Motion with Vaccine Choice is scheduled to take place over 1 1/2 to 2 days. Currently, January 30th and February 1st, 2024 have been set aside. Watching via Zoom should be an option.

*A small disclaimer: this appears to have been only filed by the Ontario Defendants. It’s possible that other Notices will be coming as well. They have until June 30th. However, the issues raised will be similar, if not virtually identical.

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
(5) VCC – Requisition For CPC Motion To Strike
(6) VCC – Notice Of Motion To Strike