Private Member’s Bill C-293: Domestic Implementation Of International Pandemic Treaty

Remember the hype in 2022 about a a proposed Global Pandemic Treaty? This was supposed to be an agreement that would give the World Health Organization binding legal authority over elected Governments. That seems to have stalled, at least to the casual observer.

Of course, the W.H.O. already has binding legal authority over Member States, which includes Canada. Anyone who’s ever read their Constitution would know that. That said, it doesn’t stop politicians from slipping in their rules in domestic legislation.

Private Member’s Bill C-293 was sponsored by Liberal M.P. Nathaniel Erskine-Smith (Beaches—East York). The content of which is interesting, to say the least.

Most Private Bills don’t become law. However, their content may become embedded into other legislation, and rammed through without proper debate and consideration.

Erskine-Smith isn’t a big player in Canadian politics. So, it’s strange that he would introduce something like this. Have to wonder if he wrote any of it.

Preamble
Whereas the costs of prevention and preparedness measures are insignificant in comparison to the human and economic costs of a pandemic;

Whereas Parliament is committed to making efforts to prevent the risk of and prepare for future pandemics and to promote transparency and accountability in relation to those efforts;

Whereas it is critical to build on the lessons learned from previous outbreaks of serious diseases, including severe acute respiratory syndrome (SARS), Ebola virus disease (EVD), Zika virus disease, tuberculosis, H1N1 flu and coronavirus disease 2019 (COVID-19);

Whereas a One Health approach — a multisectoral and multidisciplinary collaborative approach that focuses on the human, animal, plant and ecosystem health and welfare interface — is central to preventing the risk of future pandemics;

And whereas this approach requires sustained collaboration among various ministers, all levels of government and Indigenous communities;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

There is something of a bait-and-switch here. While the Bill is presented as cooperation between various Governments in Canada, it’s clear that it also involves supra-national control.

Plan — contents
(2) The pandemic prevention and preparedness plan must

(a) set out a summary of mitigation strategies that the Minister of Health intends to implement in order to prevent the risk of and prepare for disease outbreaks that could lead to pandemics, as well as a projected timeline for their implementation;

Should we just state the obvious? They aren’t preparing for future outbreaks. Instead, this is laying the groundwork to erase more of people’s rights under the pretext of an outbreak.

(iv) the surge capacity of human resources required for the testing and contact tracing of persons exposed to infectious diseases, and

Contact tracing is just a means to implement mass surveillance.

(i) the manufacturing capacity in Canada with respect to any product relevant to pandemic preparedness, including vaccines, testing equipment and personal protective equipment, and the measures that the Minister of Industry intends to take to address any supply chain gaps identified, and

Expect more taxpayer money to be pumped into “building up reserves”, regardless of whether such items would ever be used. Think of the millions of vaccines that are going to waste.

(ii) the communications capacity and infrastructure for electronic platforms and tools, including electronic applications that enable contact tracing of persons exposed to infectious diseases that could lead to pandemics;

Building the infrastructure for electronic monitoring of “infected” people?! Canada already has a system in place to track people on parole and probation. Why would such an expansion be necessary, unless they were anticipating a massive influx?

(ii) regulate commercial activities that can contribute to pandemic risk, including industrial animal agriculture,

(iii) promote commercial activities that can help reduce pandemic risk, including the production of alternative proteins, and

Going back to the 2017 Federal Budget, millions were pumped into the “alternative protein” industry. Considering that this Bill also talks about reducing natural agriculture, a cynic may wonder if this is done to force citizens to take these alternative “foods”.

(iv) phase out commercial activities that disproportionately contribute to pandemic risk, including activities that involve high-risk species;

The suggestion has been made many times before, that this can be used as an excuse to attack the food supply. As such, the public would be forced to starve, or seek other alternative foods.

(m) include the following information, to be provided by the Minister of the Environment:
(i) after consultation with relevant provincial ministers, a summary of changes in land use in Canada, including in relation to disturbed habitats, that could contribute to pandemic risk, such as deforestation, encroachment on wildlife habitats and urbanization and that were made, in the case of the first plan, since the last report on changes in land use published under the Federal Sustainable Development Act or, in the case of the updated plans, during the reporting period for the updated plan,

This is essentially merging the U.N. Sustainable Development Agenda with the W.H.O.’s goals. Sorts of sounds like the GREAT RESET, which was just a conspiracy theory.

(ii) a summary of the measures the Minister of the Environment intends to take to reduce the risk that the commercial wildlife trade in Canada and abroad will lead to a pandemic, including measures to regulate or phase out live animal markets, and

Phase out live animal markets? Is this a way to help manufacture a food shortage? Could this be done by claiming that entire farms are “at risk”, and then culling them to protect the public?

(n) include a summary, to be provided by the Minister of Foreign Affairs, of the measures that that minister intends to take to support global health equity, including measures to increase public health capacity around the world and to ensure equitable access to vaccines, testing equipment and treatment;

(o) set out, in consultation with relevant ministers, a summary of key cooperative measures or agreements on disease outbreak prevention and preparedness between the Government of Canada, other foreign governments and key international organizations, including the World Health Organization, the United Nations Environment Programme, the World Organization for Animal Health and the Food and Agriculture Organization of the United Nations; and

Here’s where it hits home. This will not simply be a Canadian system. Instead, it will be done in collaboration with:

  • Foreign Governments
  • World Health Organization
  • United Nations Environment Programme
  • U.N. Animal Health and the Food and Agriculture Organization

Read the entire Bill to make sure that nothing is being taken out of context. But this looks like a way to slip even more draconian measures onto the public.

And again, there has been — to my knowledge — any debate or reporting on this Bill. Why exactly is that? Isn’t this in the public interest?

1908: International Public Health Office to be created
1926: International Sanitary Convention was ratified in Paris.
1946: WHO’s Constitution was signed, and it’s something we’ll get into in more detail.
1951: International Sanitary Regulations adopted by Member States.
1969: International Health Regulations (1st Edition) replaced ISR. These are legally binding on all Member States.
2005: International Health Regulations 3rd Edition of IHR were ratified.

Without regurgitating the whole thing, the W.H.O. Constitution has been covered before, including the fact that it’s legally binding on Member States.

As has been outlined here before, the 2005 Quarantine Act, Bill C-12, was really just domestic implementation of the 3rd Edition of the International Health Regulations.

We’ve also gone heavily into the creation of PHAC, which is essentially just a branch of the World Health Organization. It was created at WHO’s instigation. It takes over (to a large degree) what Health Canada had been doing. The timeline is laid out, and worth a read.

Why does an unknown like Nathaniel Erskine-Smith introduce such a Bill? According to his Wikipedia page, he’s actually brought forward several pieces. This included (in the last Parliament) Bill C-235 to delete the drug possession offence from the Criminal Code. He also brought Bill C-236, to expand diversion alternatives for criminal cases involving drugs.

Whether or not this “Pandemic Treaty” ever goes ahead, this legislation seems designed to carry out the goals it was intended for. Perhaps this should be put to a public debate.

Again, why is this being done quietly in a Private Member’s Bill?

(1) https://eppc.org/publication/the-whos-pandemic-treaty/
(2) WHO Constitution, Full Document
(3) https://www.who.int/about/governance/constitution
(4) https://www.parl.ca/legisinfo/en/bills?chamber=1&page=3
(5) https://www.parl.ca/legisinfo/en/bill/44-1/c-293
(6) https://www.ourcommons.ca/Members/en/nathaniel-erskine-smith(88687)
(7) https://en.wikipedia.org/wiki/Nathaniel_Erskine-Smith
(8) https://www.parl.ca/legisinfo/en/bill/43-1/c-235
(9) https://www.parl.ca/legisinfo/en/bill/43-1/c-236

21 Months Later, No Progress In Police On Guard/ Children’s Health Defense Cases

It was reported back in July 2022 that 2 high profile anti-lockdown lawsuits in Canada hadn’t seemed to go anywhere in well over a year.

(a) bodily autonomy of police officers, organized by Police on Guard
(b) children’s rights and masks in Ontario schools, organized by Children’s Health Defense (Canada)

Both were filed in April 2021. After some initial hype in the alternative media, there were no updates to report. As we enter 2023, and approach the 2 year anniversary, it appears that there’s still nothing to write back about.

Even though (most) of the Respondents now are represented by lawyers, it looks like nothing has happened to the cases themselves. There have been no Motions, evidence sworn or hearings so far.

Interestingly, while no Motion to Strike has been brought, there was a Rule 2.1.01(6) request filed in May of 2021 for the CHDC case. That seems odd, as it isn’t really the best mechanism for getting such a case thrown out.

Both organizations are still asking for donations, and it’s implied that at least portions of those funds would be used towards these Court cases.

As is shown by the Court records, there are no previous Orders that have been handed down in either case. Nor are any hearings scheduled as of now.

Of course, members of the public can SEARCH FOR FREE as to the updates on such cases. Instead of taking the word of people who have incentives to drive fundraising — or some reporter on the internet — go check the cases for yourselves.

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

Court file#: (plug in the file number)

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

CSD.SCJRecords(at)ontario.ca (records department)

It’s worth noting that the POG Application and the CHDC Applications are almost identical. It’s as if one was cut-and-pasted into the other, with the facts and names changed.

Why keep reporting on this? Because they are public cases, and public donations are — still — being solicited. People have a right to know what’s happening, and what’s not happening.

(1) https://www.ontario.ca/page/search-court-cases-online

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

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/

Vaccine Choice Canada Makes First Court Appearance, 2 1/2 Years Later

Many had been wondering what had happened to that high profile case with Vaccine Choice Canada. After a highly publicized launch in 2020, and a fundraising blitz, details were scant. There was no progress shared with people because there was nothing to report.

Above is what shows now. Below is what it showed until recently.

Vaccine Choice Canada is finally in Court for its July 6, 2020 lawsuit. This is the case that generated nationwide attention across the alternative media. 2 1/2 years after it was filed, they were finally before a Judge. This was January 17, 2023. Many had been asking what the delay was about.

That’s right: 2 1/2 years to make a first appearance.

Of course, there’s Vaccine Choice’s other lawsuit that was filed in October of 2019. That’s been dormant for about 3 years, and hasn’t gone past the pleadings stage.

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

Now for the bad news. This isn’t a Trial or anything. This wasn’t some major appearance, or famous international expert about to testify. It was an appearance to initiate a Motion to Strike (throw out) the pleadings as frivolous and vexatious.

For a more in-depth explanation of the pleading defects:
(a) Pleading Are Fatally Defective, Will Never Make It To Trial
(b) Was This Case Brought For Improper Purposes?
(c) Even More Errors In Vaccine Choice Canada Lawsuit

Why has this case sat dormant for years? That’s a great question, and something that the Plaintiffs have never given a meaningful answer to. They’ve never been able to explain any of the serious issues that are outlined above.

To be clear, this wasn’t the hearing that people might be expecting. Instead, this was a CPC (Civil Practice Court) session to set down dates. It took approximately 10 minutes. The real fun won’t happen for another year. There were 2 full days set aside: January 30 and February 1, 2024.

  • June 30, 2023 – Moving Party Motion Record
  • July 28, 2023 – Responding Motion Record
  • October 31, 2023 – Cross Examinations (if Affidavits submitted)
  • November 17, 2023 – Moving Party Factum (arguments)
  • December 8, 2023 – Responding Factum
  • December 22, 2023 – Reply Factum
  • January 30, February 1, 2024 – Hearing

In fairness, there may not be any cross examinations, since this Motion is supposed to just be questions of law. For these purposes, the allegations themselves may be largely irrelevant.

However, the sweeping accusations that fill the 191 page Claim may be a problem. Making such assertions without pleading a factual basis does tend to get cases struck. It was a major problem with Action4Canada.

On the topic of costs: when somebody sues a lot of people, often, a lot of lawyers will get involved. On January 17th, there were 5 of them representing various clients:

  1. Wajid Ahmed, Windsor-Essex County
  2. Nicola Mercer, County of Wellington-Dufferin-Guelph
  3. City of Toronto, John Tory, Eileen De Villa
  4. Ontario Defendants
  5. Federal Defendants

For clarity, there were 5 lawyers at this appearance. There are many, MANY more names of the other paperwork. When this Claim is eventually struck, expect a stiff costs award.

The Motion is based on Rules 21.01 and 25 of Civil Procedure for Ontario. Quite simply, the Defendants want to throw the case out on a preemptive challenge.

Where Available
.
To Any Party on a Question of Law
.
21.01 (1) A party may move before a judge,
.
(a) for the determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial or result in a substantial saving of costs; or
.
(b) to strike out a pleading on the ground that it discloses no reasonable cause of action or defence,

Action Frivolous, Vexatious or Abuse of Process
.
21.01 (1)(d) the action is frivolous or vexatious or is otherwise an abuse of the process of the court

Striking out a Pleading or Other Document
.
25.11 The court may strike out or expunge all or part of a pleading or other document, with or without leave to amend, on the ground that the pleading or other document,
.
(a) may prejudice or delay the fair trial of the action;
(b) is scandalous, frivolous or vexatious; or
(c) is an abuse of the process of the court.

That’s what this Motion is about: to throw the case out so that it never reaches Trial. And again, why has it taken 2 1/2 years to get to this point?

One possible explanation for this absurd delay is that many Parties may not have been served at the time, if they ever were at all. Looking at the Statement of Claim:

Those are all the service addresses listed. However, that’s not nearly all the people who were listed as Defendants. In fact, CBC claims that it wasn’t served, but only that they “obtained an unredacted copy” of the Statement of Claim. Now, CBC could be lying about that, but who knows?

Another question that frequently came up was why no effort to force Default Judgement ever took place. If the Defendants don’t respond, the Court can issue a ruling against them. At a minimum, it would force them to file replies in order to avoid such a decision.

Vaccine Choice Canada answers this (sort of) by claiming that they have an “undisclosed litigation strategy”, and that it’s not in their interest to release it. That comes across as extremely suspicious, to say the least.

Since July 6, 2020, all that’s happened is that Nicola Mercer filed a Statement of Defense, and that CBC was dropped as a Defendant when they threatened to bring an anti-SLAPP Motion.

What’s the point of this anymore? Considering the overwhelming majority of the population has had the shots, and the damage of lockdowns is done, what’s to be accomplished?

Also, consider the ONTARIO LIMITATIONS ACT. Section 4 is the Basic Limitation Period. In short, people have 2 years to commence an Action, with some limited exceptions. Even if the Plaintiffs were to discontinue here, and file a new Claim — one that’s properly written — they may be barred by Statute. In short, they’ve run out the clock on themselves.

Let’s be blunt. The Vaccine Choice suits (actually, both of them) are so poorly drafted neither will ever get to Trial.

Remember Action4Canada, and their 391 page Notice of Civil Claim? It was struck in its entirety for not even following the basics of Civil Procedure in British Columbia. The same thing will happen here.

2 1/2 years, just to make a first appearance. Absurd.

Isn’t an explanation owed to members of the organization? What about to the various Plaintiffs? How about the donors who contributed in good faith?

(1) https://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest
(2) https://www.ontario.ca/page/search-court-cases-online
(3) https://www.canlii.org/en/on/laws/stat/so-2002-c-24-sch-b/latest/so-2002-c-24-sch-b.html

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

Canadian Frontline Nurses’ $1 Million Defamation Case Dismissed As A SLAPP

The group Canadian Frontline Nurses, CFLN, has had their million dollar defamation suit thrown out as a SLAPP. This is of course, short for strategic lawsuit against public participation. This is when the Courts are improperly used to silence speech or expression on public interest discussion.

Note: although the ruling has been handed down, it’s not yet posted publicly. It will be included here when that happens.

CFLN and 3 of its members: (a) Kristen Nagle; (b) Sarah Choujounian; and (c) Kristal Pitter, were all listed as Plaintiffs. They had sough general damages for defamation of $750,000.00, and another $250,000.00 for aggravated, exemplary or punitive damages.

This lawsuit centered around 2 articles. Are they worth $1 million?

Article posted by Canadian Nurses Association, September 9, 2021

Enough is enough: professional nurses stand for science-based health care
The reckless views of a handful of discredited people who identify as nurses have aligned in some cases with angry crowds who are putting public health and safety at risk. They have drawn in anti-science, anti-mask, anti-vaccine, anti-public health followers whose beliefs align with theirs. For some reason they would have us believe that millions of the best educated health scientists, public health experts, physicians and nurses globally have all missed something they have not. Their outlandish assertions about science would be laughable were they not so dangerous.

Now the focus is on images of surly mobs happy to stand in front of health-care settings and harass, threaten, and even assault health-care workers coming and going in the business of saving lives. These protests have stunned and saddened exhausted health-care workers. They are demoralizing, infuriating and dangerous.

Anti-public health disinformation threatens to confuse a tired and bewildered public by deliberately misrepresenting personal ideology as facts, and science as conspiracy. The public should be assured that the vast majority of Canada’s 448,000 regulated nurses are united in their commitment to operate from a stringent code of ethics, and they are duty-bound to use science, evidence, and facts in assessing, planning, and evaluating the care they deliver to people across Canada. This scientific approach is a fundamental ideology of modern nursing.

This portion of an article published by the Canadian Nurses Association was quoted to support the defamation claims against the organization and leadership.

Here’s the problem: nowhere in the article are any of the Plaintiffs named. This is a fatal error in a defamation case, as defamatory speech or expression has to be of the person(s) suing. This article could refer to anyone.

However, the Claim states that they were “referred”, and that should be enough. That’s going to be a very tough sell.

Article posted by Together News/Comox Valley, September 11, 2021

There was another article, this one from Comox Valley. While this one did mention the Plaintiffs by name, it appeared to be referencing (for the most part) quotes that they had made. While the January 6 comments seem out of place, it’s difficult to see how these leads to $1 million in damages.

Statements of Defense laid groundwork for anti-SLAPP Motion

The Canadian Nurses Association and Together News both filed Statements of Defense. They raised multiple justifications:

  • CNA statement doesn’t refer to the Plaintiffs (CNA)
  • Words themselves are not defamatory (CNA)
  • Qualified privilege (Both)
  • Responsible communication on matters of public interest (Both)
  • Truth (Both)
  • No malice (Both)
  • No damages incurred (Both)
  • Fair comment (Together News)

CFLN Responding Motion Record Of Plaintiffs
CFLN Cross Examinations Volume 1
CFLN Cross Examinations Volume 2
CFLN Cross Examinations Volume 3
CFLN Supplementary Motion Record Of Plaintiffs

Both documents reference Section 137.1 of the Courts of Justice Act, which is the legislation on which anti-SLAPP is based upon. The Defendants signaled that they would be bringing Motions on this. And that’s what they did.

Lawsuits like this actually harm freedom movement

Yes, the “health restrictions” are based on deception and distortions of reality. But this doesn’t help. Considering that these groups claim to be pro-freedom, suing critics makes it difficult to take them seriously.

In December 2020, Kulvinder Gill and Ashvinder Lamba filed a $12.75 million defamation lawsuit against 23 people and media outlets. It was (predictably) thrown out as a SLAPP. Gill still has another $7 million suit against Amir Attaran and the University of Ottawa.

These kinds of suits have exposed a certain sect of society: there are plenty of people who “claim” to support freedom, and free speech, but who don’t. Instead, we have people who selectively support speech depending on the ideology involved.

Appeal is already being promised

Canadian Frontline Nurses is promising to appeal the SLAPP ruling. This is pointless, as the Ontario Court of Appeal isn’t going to overturn any of this.

Now, are they simply getting very poor advice, or are the donations that come in making it all worthwhile?

COURT DOCUMENTS
(1) CFLN Statement Of Claim
(2) CFLN Statement Of Defense CDN Nurses Association
(3) CFLN Statement Of Defense Together News/Comox Valley
(4) CFLN Responding Motion Record Of Plaintiffs
(5) CFLN Cross Examinations Volume 1
(6) CFLN Cross Examinations Volume 2
(7) CFLN Cross Examinations Volume 3
(8) CFLN Supplementary Motion Record Of Plaintiffs
(9) CFLN Freedom Rally Documentation
(10) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc7280/2022onsc7280.html
(11) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc7280/2022onsc7280.pdf

OTHER LINKS
(1) https://www.canadianfrontlinenurses.ca
(2) https://www.canadianfrontlinenurses.ca/donate
(3) https://t.me/NursesAgainstLockdowns/2229
(4) https://www.cbc.ca/news/canada/london/anti-vaxx-nurse-libel-suit-ontario-1.6698686
(5) https://www.cna-aiic.ca/en/blogs/cn-content/2021/09/09/enough-is-enough-professional-nurses-stand-for-sci
(6) https://comoxvalley.news/quack-quack-these-pro-virus-nurses-have-dangerous-ideas/

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/

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