Military Veterans’ Injection Pass Case: Idiot Lawyer Sends Notice Of Appeal To Wrong Court

Just when you think a lawyer couldn’t be any dumber, you are unpleasantly surprised.

This is a follow-up on the Qualizza case, the military veterans’ injection pass lawsuit. Some 330 members and former members of the Canadian Armed Forces sued over the requirement to get the shots. The case is turning into a regular content generator, and for all the wrong reasons.

The Notice of Appeal will be explained in more detail later.

See parts 1, 2, 3 and 4 for background on the case.

Perhaps even more absurdly, the lawyer, Catherine Christensen, practiced family law for much of her career. She seems horribly out of her league here.

The case is currently before the Federal Court of Appeal. It had been struck by an Associate Judge, with a subsequent Judge refusing a request to extend time for an initial Appeal. Another Judge ordered costs over an unnecessary Motion to determine the contents of an Appeal Book. More recently, another Judge ordered costs for a Notice of Discontinuance being filed without clients’ knowledge or consent.

Now, Christensen is unhappy with the ruling that she acted in a “high handed and inappropriate” way. So, she’s set to challenge to Order, which set aside the Notice of Discontinuance.

But according to Court records, she attempted to file a Notice of Appeal. That’s right, she wants to appeal an Order of the Federal Court of Appeal, and sent the Notice …. to the same Court. She seems not to understand that you can only appeal to a higher level.

Christensen doesn’t seem to grasp the difference between:
(a) Commencing a proceeding: Claim, Application, Appeal, etc….
(b) Taking steps within the existing proceeding: typically with a Motion

Perhaps she meant to file a Motion to have that last Order reviewed, but it’s unclear. In any event, she was told that in order to appeal, she must ask for Leave (permission) from the Supreme Court of Canada.

This idiot is trying to appeal to the wrong Court.

Keep in mind, none of this helps any of her clients advance their case against the Federal Government. Nothing here helps overturn A.J. Coughlan’s decision to strike, or Justice Manson’s refusal to grant an extension.

But first, problems with the lawsuit shouldn’t be a surprise to Christensen.

The Neri Decision: Christensen Knew Claim Would Be Struck

An Application filed in late 2021 sought to prevent several members of the Canadian Armed Forces from facing consequences for refusing the injections. An Interlocutory Injunction was sought, with the plan to get a permanent one later. The case was tossed, because Section 29 of the National Defence Act specified a grievance scheme for members of the military to use.

The case was discontinued in January 2022.

The point is: Christensen knew in advance of filing the Qualizza case that it would very likely be struck for lack of jurisdiction. It seems doubtful that current clients were aware of this case.

Not only was Christensen aware of jurisdiction issues, but the Statute of Limitations should have been fresh in her mind as well. September 2024, she lost another case, Tondreau, in Federal Court. A major part of the ruling was her filed the Notice of Application well after the 30 day deadline.

Qualizza Case Struck Without Leave To Amend

Associate Judge Catherine Coughlan struck the case in November 2024, and without Leave to Amend. This meant there was no permission to fix and refile. While lengthy, the decision centered on 2 main issues.

First: The Statement of Claim lacked a lot of the necessary information. When making Charter Claims, it’s required to plead certain facts and details about each Plaintiff. While there was background information on each of them, nothing was pleaded about the specifics of the torts themselves.

Second: The Court refused to take jurisdiction of the case over s.29 of the National Defence Act This was the exact issue explained to Christensen in Neri. Not only was the grievance system required, but over 100 Plaintiffs either had or were actively grieving.

Because Coughlan was an Associate Judge (Prothonotary), and not a regular Judge, there’s a difference process to appeal. More importantly, there’s a much shorter time limit.

Christensen Missed Deadline For First Appeal (Rule 51)

The case was originally struck by Associate Justice Coughlan. Christensen filed a Motion under Federal Court Rule 51 to have it reviewed. Or at least, she was supposed to. She missed the deadline by nearly 3 weeks, and bungled an attempt to ask for an extension of time. And to clarify:

APPEAL RULING FROM PROTHONOTARY JUDGE
Appeal Goes Where Federal Court Federal Court Of Appeal
Appeal Ruling To Single Judge (FC) Panel of Justices (FCA)
Rules of Procedure Rule 51 Rules 335 to 357
Time Limit For Notice 10 Days 30 Days
Initial Document Notice Of Motion Notice Of Appeal
Procedure Motion Appeal
New Evidence Allowed? No With Leave, Rule 351

Because an Associate Judge (Prothonotary) struck the case initially, it could be reviewed by filing a Motion. Challenging a Judge’s decision would have required going to the Federal Court of Appeal. But Christensen screwed up the Appeal big time. Not only was she late, but:

  • The reason for prolonged inaction wasn’t really convincing
  • Christensen invoked the wrong Rule (51, instead of 8) asking for extension
  • Christensen asked for a Motion “in writing” but cited a Rule that applied to the Federal Court of Appeal
  • Christensen asked for “Leave” to appeal when it wasn’t required
  • Christensen improperly swore out her own Affidavit (breaks Rule 82)
  • Christensen didn’t clarify Plaintiffs “always intended” to appeal
  • Christensen didn’t explain how an Appeal may be successful

The specific errors were covered extensively in a previous article. An extension was refused.

Just as with Tondreau a few months earlier, Christensen missed the deadline to file, and never really offered a convincing explanation of why that was the case.

Christensen Doesn’t Understand What’s Being Appealed

After Justice Manson refused to extend time in the Federal Court, Christensen filed Notice of Appeal in the Federal Court of Appeal. But there’s already a serious problem.

The Notice asks that the original Order of A.J. Coughlan be set aside and that the case be allowed to proceed. That may be fine as additional Relief being sought.

However, the Notice doesn’t challenge Justice Manson’s decision to refuse an extension of time. The most immediate problem is that the Plaintiffs/Appellants are time-barred into going further, unless that is overturned. In the “grounds” section, it’s shrugged off as procedural error. Again, without being challenged.

She also asks for Leave to file the Notice of Appeal. This doesn’t make any sense, as this is the Notice, and it’s already been filed. And it gets worse from here.

Determining Contents Of Appeal Book

The Federal Court of Appeal differs from its Provincial counterparts in a significant way. Specifically, it requires the Appellants to either: (a) get consent as to the contents; or (b) file a Motion to have a Judge determine it.

For a recent example of what a consent looks like, see the Payne Appeal.

Christensen chose Option “B”, while the Government responded that this was entirely unnecessary.

Justice Rennie agreed that this could have been resolved on consent.

(b) No argument is advanced by the appellants why the materials that were before the Associate Judge but not before Manson J., ought to be before this Court;

(c) Rule 343(2) requires parties to an appeal to include in an appeal book “only such documents, exhibits and transcripts as are required to dispose of the issues on appeal”. Although the Rule 343(2) test is a flexible one, a document should be included in the appeal book “only if there is a reasonable basis for concluding that it is required to dispose of an issue on appeal”

This highlights Christensen’s lack of understanding of what she’s doing. She’s appealing Justice Manson’s refusal to extend time to allow that Rule 51 Appeal. As such, only the few documents that were before him would be considered by this Court.

Christensen “Discontinued” Without Clients’ Knowledge Or Consent

Christensen’s clients were apparently unhappy with her mediocre legal services, and many refused to pay additional money to her “non-profit”. Consequently, she filed a Notice of Discontinuance of their behalf.

Procedurally though, this cannot be done.

One client, Mark Lolacher, took it upon himself to file his own Motion to set aside the Notice, and to be reinstated. He also accused Christensen of misconduct. The Government lawyer offered a suggestion allow Lolacher to remain, but as a self-represented litigant. Surprisingly, Christensen opposed the Motion.

Ultimately, Justice Locke ordered Lolacher’s reinstatement as an Appellant, and $2,000 for the “high handed” treatment he had received. The reasons were scathing, although misconduct allegations were to be deferred to the Law Society of Alberta.

The Judge also mentioned 2 practical solutions. Christensen could be replaced as counsel, under Rule 124, or she could file a Motion to withdraw as counsel, under Rule 125. Neither happened, and she apparently got her own lawyer. Keep in mind, bickering and fighting with clients doesn’t advance the vaccine passport case at all. Remember, this was supposedly the reason for the lawsuit in the first place.

As a humourous aside: Lolacher is the only Plaintiff/Appellant in this case have actually won a Motion. Christensen has racked up loss after loss, and all at her clients’ expense.

Christensen Apparently Has Her Own Counsel

The Court filings are admittedly just a small part of what’s been going on. Still, it’s fair to say that things have further deteriorated.

According to further correspondence from Mark Lolacher, Christensen isn’t following Justice Locke’s Order in good faith. She keeps misrepresenting a procedural Motion as “suing the other Appellants”. Now, she apparently has her own counsel…. while still representing all (or some?) of the clients. It’s a mess. Will clients now be billed for 2 lawyers?

Christensen is apparently unwilling to accept Justice Locke’s decision reinstating Lolacher. Instead of taking a reasonable alternative, she tries to file a Notice of Appeal…. to the same Court.

Have to wonder who came up with the idea: Christensen, or her new “counsel”? In any event, the Federal Court of Appeal refused to file the Notice, since procedurally, it would have to go to the Supreme Court of Canada. Actually, the SCC would have to agree to hear it first, with an Application for Leave. The staff at the Courts apparently know the Rules better than either of these lawyers.

Again, none of this helps any of their clients.

It’s hard to believe that a licenced lawyer can actually be so bad at what she does. Sure, this could all be deliberate sabotage, but it’s so poorly done that it strains all belief.

It seems that Law Societies will allow anyone to practice, even a potted plant.

FEDERAL COURT/CLAIM STRUCK:
(1) Qualizza Statement Of Claim June 2023
(2) Qualizza Amended Statement Of Claim July 2023
(3) Qualizza Statement Of Defence September 2023
(4) Qualizza Reply To Statement Of Defence September 2023
(5) Qualizza Defendants Motion To Dismiss Claim July 2024
(6) Qualizza Plaintiff Motion To Strike Written Submissions August 2024
(7) Qualizza Order Striking Statement Of Claim Without Leave November 2024

FEDERAL COURT/RULE 8 MOTION TO EXTEND TIME/RULE 51 APPEAL:
(1) Qualizza Plaintiffs Motion To Extend Time To Appeal December 2024
(2) Qualizza Defendants Respond To Motion To Extend Time To Appeal December 2024
(3) Qualizza Order Denying Extension Of Time January 2025
(4) Qualizza Federal Court Notes

FEDERAL COURT OF APPEAL/CONTENTS OF APPEAL BOOK:
(1) Qualizza Notice Of Appeal January 2025
(2) Qualizza Motion Record Contents Of Appeal Book February 2025
(3) Qualizza Responding Motion Record Contents Of Appeal Book March 2025
(4) Qualizza Order Contents Of Appeal Book April 2025

FEDERAL COURT OF APPEAL/MARK LOLACHER REINSTATEMENT:
(1) Qualizza Notice Of Discontinuance January 2025
(2) Qualizza Lolacher Motion Record March 2025
(3) Qualizza Lolacher A.G. Responding Motion Record March 2025
(4) Qualizza Lolacher Christensen Responding Motion Record March 2025
(5) Qualizza Lolacher Order For Reinstatement May 2025
(6) Qualizza Lolacher Reasons For Reinstatement May 2025

FEDERAL COURT OF APPEAL/VENDETTA AGAINST LOLACHER:
(1) Qualizza Lolacher Letter To Court May 2025
(2) Qualizza Federal Court Notes FCA

Antisemitism Hearings Continue At Canadian Parliament

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Private Members Bill C-388: Fast Tracking Energy, Gas And Weapons To Ukraine

Garnett Genuis, Conservative Member of Parliament for Sherwood Park—Fort Saskatchewan, AB, has introduced Bill C-388. The short title is: Boosting Canadian Energy and Mining Projects and Ukraine’s Munitions Supply Act. As implied, the goal is to ship weapons and energy to Ukraine. It’s been promoted on Twitter.

However, the Bill is so lacking in details and specifics that it’s unsettling where this will end up. It comes across as a way to endlessly throw money away on a foreign conflict. Not once does Genuis mention any safeguards that would be put in place.

Genuis also wants Canada’s “outdated” or unneeded equipment to be sent off as well. Apparently, the Canadian Forces won’t use them, but they’ll help fight off Russian aggression. It’s never explained or implied how this will happen. To summarize:

  • Canada has made promises to send weapons to Ukraine and not fulfilled them
  • Canada has weapons that are “surplus, and no longer useful” here
  • Canada should be sending equipment to Ukraine that it no longer uses
  • Canada should be buying new equipment here, or making more weapons
  • Canada should fast track gas and energy and mining projects to Ukraine
  • Energy and mining growth will help Canadian economy

Dealing with energy and mining first:

Plan to Fast Track Energy and Mining Projects
Preparation of plan
2 (1) Within 60 days after the day on which this Act comes into force, the Minister of Natural Resources must, in collaboration with representatives of the provincial governments responsible for natural resources, prepare a detailed plan to fast track energy and mining projects, including those related to liquefied natural gas and civilian nuclear energy, that includes measures to displace energy exports from hostile countries and support energy cooperation with allies and partners.

Genuis’ legislation would compel Ottawa to come up with a plan to fast track various energy exports to Ukraine. But this is still very broad, and doesn’t give any numbers or targets.

There’s also nothing in the Bill that would require that energy sales take place at fair market rates. Yes, he pitches the “benefits” to the Canadian economy, but how much could a country at war for 2 years afford? The Bill doesn’t specify any of this. Would these be (forgivable) loans? To what degree would the public be forced to subsidize this?

Bearing in mind that Genuis has openly supported and endorsed the Paris Accord, he wants to ramp up production in Canada anyway. This isn’t so that Canadians can have cheap fuel and energy prices, but so that Ukraine can. Interestingly, he doesn’t seem concerned about potential Carbon taxes when it applies to energy shipments abroad. This was from 2017, but a revealing clip, assuming he still holds the same views.

Would the details be worked out behind the scenes by anonymous bureaucrats?

Now, getting to the munitions part:

Genuis is extremely vague on which “munitions” would be sent to Ukraine. He implies that it’s older equipment that the Canadian Forces wouldn’t need. In that case, why would Ukraine need it? Are these guns? Body armour? Explosives? Vehicles? Surveillance equipment?

Genuis doesn’t specify if he expects the “unneeded” weapons to be sold to Ukraine at fair market rates (or close to it). If the Trudeau Government is so wasteful and incompetent, isn’t he concerned they’ll simply be given away, or sold for next to nothing? Is he worried that the munitions will end up in the hands of a hostile power?

And if these are things the Canadian Forces are unlikely to ever use, are they obsolete to the point that they’re useless in war? This isn’t clarified.

Changes To Other Acts As Well

Purposes
10 (1) The Corporation is established for the purposes of
(a) supporting and developing, directly or indirectly, domestic business, at the request of the Minister and the Minister of Finance for a period specified by those Ministers;
.
(b) supporting and developing, directly or indirectly, Canada’s export trade and Canadian capacity to engage in that trade and to respond to international business opportunities; and
.
(c) providing, directly or indirectly, development financing and other forms of development support in a manner that is consistent with Canada’s international development priorities

Section 10(c) of the Export Development Act will be altered to make include this subsequently: “the Corporation shall give preference to the development of munitions manufacturing capacity in Ukraine.”

Genuis’ Bill, if implemented, would give priority to shipping weapons to Ukraine over other foreign “development”.

The Defence Production Act would have Section 16 amended to include this:

16.‍1 For as long as any territory of Ukraine is occupied by armed forces of the Russian Federation, the Minister of National Defence must periodically review Canada’s inventory of defence supplies, and the Minister must offer to donate to Ukraine any defence supplies that, in the opinion of the Minister of National Defence, are surplus or no longer useful to Canada.

The Business Development Bank of Canada Act would be amended to give Ukraine priority to develop munitions. In other words, preference with tax dollars will be given to a foreign country.

The Export and Import Permits Act would be amended to treat weapons exports to Ukraine the same as exports to the United States.

As with most Canadian legislation, there are built-in regulations which give almost unfettered power to bureaucrats. This would alter several Acts, but do nothing to ensure accountability. The whole thing comes across as a means to endlessly take from taxpayers, under the guise of preventing Russian aggression.

For all that Genuis — and Conservatives in general — rail against Trudeau waste and corruption, there’s nothing in Bill C-388 that would prevent more of the same. Are we to be skeptical domestically, but not internationally?

(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-388
(3) https://www.ourcommons.ca/Members/en/garnett-genuis(89226)
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-388/first-reading
(5) https://twitter.com/GarnettGenuis/
(6) https://twitter.com/GarnettGenuis/status/1786470255960744343
(7) https://laws.justice.gc.ca/eng/acts/E-20/page-1.html#h-211513
(8) https://laws-lois.justice.gc.ca/eng/acts/d-1/
(9) https://laws-lois.justice.gc.ca/eng/acts/b-9.9/index.html
(10) https://laws-lois.justice.gc.ca/eng/acts/e-19/

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

Adam Skelly, Part 3: R.O.A. Challenge Finally To Be Heard?

Starting on October 1st, 2024, the Ontario Superior Court will finally hear a long delayed challenge to the Reopening Ontario Act, or R.O.A. Of course, this assumes that there are no more setbacks. Given how things have played out so far, there are no guarantees.

This Application is from William Adamson Skelly (a.k.a. Adam Skelly), and stems from his refusal to bend the knee to Doug Ford back in 2020.

Part 1: The Akbarali Decisions
Part 2: Swinwood Malpractice Claim

Due to Michael Swinwood — the former lawyer — screwing up the case in 2021, and then walking away, the matter has been unnecessarily delayed for years. This is in spite of getting several expert witnesses ready to appear.

  1. Byram Bridle
  2. Douglas Allen
  3. Gilbert Berdine
  4. Harvey Risch
  5. Joel Kettner
  6. William Briggs

There are, of course, differences in the reports that have been submitted. However, what they all argue is that this “global pandemic” is vastly overblown. Lockdown measures weren’t needed, nor was there any benefit to society from implementing them.

Now, in the year 2024, why does this still matter? While the so-called “pandemic” may be over, the Reopening Ontario Act is still in effect, even if there aren’t any shutdowns going on.

Here are the provisions being challenged:

Orders continued
2 (1) The orders made under section 7.0.2 or 7.1 of the Emergency Management and Civil Protection Act that have not been revoked as of the day this subsection comes into force are continued as valid and effective orders under this Act and cease to be orders under the Emergency Management and Civil Protection Act.
.
Exception
(2) Subsection (1) does not apply to the order filed as Ontario Regulation 106/20 (Order Made Under the Act — Extensions and Renewals of Orders).
.
Clarification
(3) For greater certainty, an order that is in force is continued under subsection (1) even if, on the day that subsection comes into force, the order does not apply to any area of the Province.

Power to amend orders
4 (1) The Lieutenant Governor in Council may, by order,
.
(a) subject to subsections (2) and (5), amend a continued section 7.0.2 order in a way that would have been authorized under section 7.0.2 of the Emergency Management and Civil Protection Act if the COVID-19 declared emergency were still in effect and references in that section to the emergency were references to the COVID-19 pandemic and its effects;
.
(b) amend an order continued under section 2 to address transitional matters relating to the termination of the COVID-19 declared emergency, the enactment of this Act or the continuation of orders under section 2.

Provisions applying with respect to orders
7 (1) Subsections 7.2 (3) to (8) of the Emergency Management and Civil Protection Act continue to apply, with necessary modifications, with respect to orders continued under section 2, including any amendments to such orders made under this Act.
.
Same
(2) Subsections 7.0.2 (6) to (9) of the Emergency Management and Civil Protection Act continue to apply, with necessary modifications and the modifications specified in subsection (3), with respect to continued section 7.0.2 orders, including any amendments to such orders made under this Act.
.
Modifications
(3) The modifications referred to in subsection (2) are the following:
.
1. The reference, in paragraph 1 of subsection 7.0.2 (7) of the Emergency Management and Civil Protection Act, to the emergency is deemed to be a reference to the COVID-19 pandemic and its effects.
.
2. The reference, in paragraph 2 of subsection 7.0.2 (7) of the Emergency Management and Civil Protection Act, to when the declared emergency is terminated is deemed to be a reference to when the order in relation to which that paragraph applies is revoked or ceases to apply.

Temporary closure by police, etc.
9.1 (1) A police officer, special constable or First Nations Constable may order that premises be temporarily closed if the police officer, special constable or First Nations Constable has reasonable grounds to believe that an organized public event or other gathering is occurring at the premises and that the number of people in attendance exceeds the number permitted under a continued section 7.0.2 order.

Offences
10 (1) Every person who fails to comply with subsection 9.1 (2) or (3) or with a continued section 7.0.2 order or who interferes with or obstructs any person in the exercise of a power or the performance of a duty conferred by such an order is guilty of an offence and is liable on conviction,
.
(a) in the case of an individual, subject to clause (b), to a fine of not more than $100,000 and for a term of imprisonment of not more than one year;
.
(b) in the case of an individual who is a director or officer of a corporation, to a fine of not more than $500,000 and for a term of imprisonment of not more than one year; and
.
(c) in the case of a corporation, to a fine of not more than $10,000,000
.
.
Separate offence
(2) A person is guilty of a separate offence on each day that an offence under subsection (1) occurs or continues.
.
Increased penalty
(3) Despite the maximum fines set out in subsection (1), the court that convicts a person of an offence may increase a fine imposed on the person by an amount equal to the financial benefit that was acquired by or that accrued to the person as a result of the commission of the offence.

The Reopening Ontario Act may be seen as “sleeper” legislation. While there may be no obvious harm now, it can be used at any time, and under almost any pretense. We have seen this elsewhere, and the public is lulled into a false sense of security, believing the threat to be over.

But that’s not all. The Health Protection and Promotion Act is also facing a challenge given the heavy handed and unconstitutional manner which it was employed.

Interpretation
Directions by M.O.H.
24 (1) A medical officer of health, in the circumstances specified in subsection (2), may give directions in accordance with subsection (3) to the persons whose services are engaged by or to agents of the board of health of the health unit served by the medical officer of health. R.S.O. 1990, c. H.7, s. 24 (1).
.
When M.O.H. may give directions
(2) A medical officer of health may give directions in accordance with subsection (3) where the medical officer of health is of the opinion, upon reasonable and probable grounds, that a communicable disease exists in the health unit and the person to whom an order is or would be directed under section 22,
(a) has refused to or is not complying with the order;
(b) is not likely to comply with the order promptly;
(c) cannot be readily identified or located and as a result the order would not be carried out promptly; or
(d) requests the assistance of the medical officer of health in eliminating or decreasing the risk to health presented by the communicable disease.

This is a bit of rabbit hole, but the Ontario Health Protection and Promotion Act is part of a much larger picture. The source material is extensive, but an informative read. To sum it all up:

  • Canada signed on to the WHO’s legally binding Constitution in 1946
  • The International Sanitation Regulations came into effect in 1951
  • The International Health Regulations (1st Ed.) came into effect in 1969
  • The International Health Regulations (2nd Ed.) came into effect in 1995
  • The International Health Regulations (3rd Ed.) came into effect in 2005
  • Bill C-12, the Quarantine Act, is Canada’s domestic implementation of WHO-IHR 3rd Ed.
  • The Provinces implemented their own version of the Quarantine Act, such as HPPA
  • The HPPA (really) came from the WHO

See parts 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 from the Canuck Law site.

Now, with all of this in mind, it seems pretty obvious that the Reopening Ontario Act didn’t just happen. It was brought in to compliment and help enforce existing public health measures. Our politicians are actors, reading scripts. They weren’t responsible for drafting any of this, but they did pass it.

The Concerned Constituents of Canada, or CCOC, is putting this case together, and the documents are readily available. Given that the hearing isn’t for several months, there will certainly be updates.

COURT DECISIONS:
(1) Skelly – Restraining Order Deferred Matter
(2) Skelly – Restraining Order Decision, December 2020
(3) Skelly – Criminal Court Limits What He Can Post Online
(4) Skelly – Judge Lacks Jurisdiction To Hear Case, June 2021
(5) Skelly – Costs Of $15,000 Ordered For Failed Motion
(6) Skelly – Costs From 2020 Kimmel Decision, Previously Deferred
(7) Skelly – Motion For Security For Costs Decision, September 2023

2020/2021 COURT DOCUMENTS:
(1) Skelly – Application Record Restraining Order (Michael Swinwood)
(2) Skelly – Notice of Constitutional Question (February)
(3) Skelly – Amended Notice Of Constitutional Question (June)
(4) Skelly – Book of Transcripts – Respondents (Applicants)
(5) Skelly – Book of Transcripts – Respondent on Motion – HMTQ
(6) Skelly – 2021 Motion Factum
(7) Skelly – 2021 Motion Amended Factum – Respondents (Applicants)
(8) Skelly – 2021 Motion Responding Factum
(9) Skelly – 2021 Motion Reply Factum

(1) Skelly – RBC Default Judgement Order

MALPRACTICE SUIT AGAINST MICHAEL SWINWOOD:
(1) Skelly – Swinwood Malpractice Statement Of Claim

NEW APPLICATION DOCUMENTS:
(1) Skelly – Notice Of Application (Ian Perry)
(2) Skelly – Costs – Notice of Motion – Moving Party (Respondent) HMTK
(3) Skelly – Costs – Motion Record-Moving Party (Respondent)
(4) Skelly – Costs – Applicant Responding Motion Record Security For Costs
(5) Skelly – Costs – Factum – Moving Party – HMK
(6) Skelly – Costs – Responding Factum Applicants Skelly et al

EXPERT REPORTS:
(1A) Skelly – Byram Bridle Resume
(1B) Skelly – Byram Bridle Expert Report
(1C) Skelly – Byram Bridle Expert Reply Report

(2A) Skelly – Douglas Allen Resume
(2B) Skelly – Douglas Allen Expert Report
(2C) Skelly – Douglas Allen Expert Report

(3A) Skelly – Gilbert Berdine Resume
(3B) Skelly – Gilbert Berdine Expert Report
(3C) Skelly – Gilbert Berdine Expert Reply Report

(4A) Skelly – Harvey Risch Affidavit
(4B) Skelly – Harvey Risch Expert Report

(5A) Skelly – Joel Kettner Resume
(5B) Skelly – Joel Kettner Expert Report
(5C) Skelly – Joel Kettner Expert Reply Report

(6A) Skelly – William Briggs Resume
(6B) Skelly – William Briggs Expert Report
(6C) Skelly – William Briggs Expert Reply Report

B.C. Court Of Appeal Confirms “Bad Beyond Argument” Ruling In Action4Canada Case

In August 2022, Action4Canada had their Notice of Civil Claim (or NOCC) struck in its entirety by the B.C. Supreme Court. Justice Ross concluded that the 391 page document was such a convoluted mess, it was impossible to respond to. There were no determinations on the merits, just the quality of the writing. The Court of Appeal has just upheld that ruling

While the Lower Court’s written reasons outlined a number of potentially serious problems, Justice Ross avoided giving a definitive answer as to what content would be allowed. It seems that the Plaintiffs’ lawyer doesn’t understand how to interpret legal findings.

  • Reasons: background information that’s necessary to support findings
  • Order: what the Court actually rules on

And what was the Order?

[74] In summary:
a) I find that the NOCC, in its current form, is prolix and must be struck in its entirety;
b) I grant the plaintiffs liberty to amend the NOCC; and
c) This action is stayed pending the filing of a fresh pleading.

[75] On the issue of costs, I note that each plaintiff is pursuing this action seeking money damages from one or more defendant. In responding to those claims each defendant has been put to the expense of answering (if not filing a response) to the NOCC. In addition, the defendants have all been required to prepare for and conduct this application. None of those steps would have been necessary if the matter was properly pleaded.

[76] On that basis, I find it appropriate to award each defendant the costs for the necessary steps of “defending a proceeding”, and for preparing for and attending an application (opposed). Those costs are payable forthwith in any event of the cause.

For reasons that were never made clear, the decision was appealed. The Plaintiffs could simply have redrafted and refiled an amended version, but didn’t.

The B.C. Court of Appeal has now said exactly that. They couldn’t understand why they were even there. It was agreed that the Claim was prolix (too long) and confusing. Therefore, the obvious answer was to rewrite it, as Justice Ross allowed it.

The other issue in the Appeal was over costs. The argument was that because success was “divided”, there should have been no costs. Apparently, since a rewrite was allowed, this amounts to a partial win. However, costs are considered discretionary, and this was predictably rejected.

Here’s what the B.C. Court of Appeal had to say.

[1] Pleadings play a central role in the conduct of civil litigation and access to justice. Their purpose is to clearly, concisely and precisely define the issues of fact and law to be determined, inform the other side of the case to be met, determine the nature and scope of pre-trial procedures, and guide the trial process: The Owners, Strata Plan LMS3259 v. Sze Hang Holding Inc., 2012 BCCA 196 at para. 1; Sahyoun v. Ho, 2013 BCSC 1143 at paras. 16–19; Supreme Court Civil Rules, B.C. Reg. 168/2009, R. 3-1(2) [Rules].

[2] Prolix pleadings are improper. They lead to confusion, unfairness, delay and expense, and impede the litigation they are intended to facilitate: see e.g., Mercantile Office Systems Private Limited v. Worldwide Warranty Life Services Inc., 2021 BCCA 362 at paras. 22–23, 44, 58. They also occupy inordinate court resources, preventing other litigants from accessing the court services they require and deserve.

[3] Here, the appellants’ notice of civil claim is 391 pages long. Part 1 (“Statement of Facts”) is over 300 pages long, contains more than 1,000 paragraphs and sub-paragraphs, and includes hundreds of footnotes, some of which contain hyperlinks to various websites. Part 2 (“Relief Sought”) is over 40 pages long and seeks, among other things, over 200 declarations. Part 3 (“Legal Basis”) is almost 30 pages long.

[4] The notice of civil claim includes wide-ranging allegations of a global conspiracy, and challenges the scientific and constitutional foundation of the federal and provincial responses to the COVID-19 pandemic. To give a sense of the breadth and nature of the allegations, the appellants’ “summary” of the factual basis of their claims includes (at 310–311, para. 283(d) of the notice of civil claim) the allegation that the federal and provincial responses to the COVID-19 pandemic violated the appellants’ “statutory and constitutional rights” because:
.
… the “COVID-pandemic” was pre-planned, and executed, as a false pandemic, through the [World Health Organization], by Billionaire, Corporate, and Organizational Oligarchs the likes of Bill Gates, [Global Alliance for Vaccines and Immunization, now Gavi, the Vaccine Alliance], the [World Health Organization], and their former and current associates such as Theresa Tam and Bonnie Henry, the [World Economic Forum], and others, in order to install a New World (Economic) Order with:
.
(i) De facto elimination of small businesses;
(ii) Concentration of wealth and the power to control economic activity in large global corporations;
(iii) To disguise a massive bank and corporate bail-out;
(iv) To effect global, mandatory vaccination with chip technology, to effect total surveillance and testing of any and all citizens, including the Plaintiffs;
(v) To shift society, in all aspects into a virtual[] world at the control of these vaccine, pharmaceutical, technological, globalized oligarchs, whereby the Plaintiffs, and all others, cannot organize [or] congregate[; and]
(vi) To effectively immobilize resistance to the agenda by neutering Parliaments and the Courts, and by extension the Constitution and Constitutional Democracy and Sovereignty, in short to obtain “global governance”.
[Emphasis in original.]

[5] In reasons indexed at 2022 BCSC 1507 (“RFJ”), the chambers judge sensibly concluded that the notice of civil claim is prolix and cannot be properly answered: RFJ at paras. 45, 74. He also concluded that it is “bad beyond argument” and “cannot be mended”: RFJ at paras. 45, 47–48. He, therefore, granted the respondents’ applications to strike the pleading in its entirety: RFJ at paras. 48, 74.

[6] Next, the chambers judge considered whether to dismiss the appellants’ claim or grant them leave to amend it. He concluded that “there may be legitimate claims that a plaintiff could advance against one or more of the defendants”: RFJ at para. 50. He, therefore, granted the appellants leave to amend and stayed the action pending the filing of a fresh pleading: RFJ at para. 74.

[7] On the issue of costs, the judge noted that “each plaintiff is seeking money damages from one or more defendant”: RFJ at para. 75. Having put the defendants to the expense of unnecessarily answering an improper pleading, the judge awarded each defendant costs “payable forthwith in any event of the cause”: RFJ at paras. 75–76.

[8] In oral submissions, the appellants conceded that the notice of civil claim is prolix and must be redrafted. Although aware of the trite principle that appeals are taken from orders and not reasons, the appellants nevertheless advance the appeal to address various statements made by the judge regarding the propriety of various of their pleadings. In particular, the appellants take issue with the judge’s statements at paras. 52–58 of the reasons for judgment that certain claims “are improper in a civil action”, including claims seeking declarations relating to alleged criminal conduct and matters of science.

[9] The appellants point to para. 73 of the reasons for judgment where, after rejecting the defendants’ arguments that the entire action be dismissed as “an abuse of process or clearly frivolous and vexatious”, the judge held that “if the next iteration of [the notice of civil claim] contains the same, or similar, problems, then the defendants’ arguments on these issues will be strengthened.” The appellants contend that, in making these statements, the judge exceeded his jurisdiction and has effectively hamstrung them from advancing what they consider to be justiciable claims.

[10] I agree entirely with the respondents that the appellants have not identified a reviewable error. The passages at issue are clearly obiter. As I read the judge’s reasons, he transparently and helpfully identified a number of areas of concern within the notice of civil claim. He did not make binding determinations. In the absence of a proper pleading, how could he?

[11] It is up to the appellants to redraft their notice of civil claim within the well-known boundaries of proper pleadings established by the Rules and authorities. If they choose to pursue claims the judge identified as problematic and are faced with an application to strike or dismiss, they will have to satisfy the front-line decision-maker that they have pleaded justiciable claims. If they do not, they have had fair warning of the possible consequences.

[12] The appellants also appeal the judge’s costs order. They submit that success was divided in the sense that the judge declined to dismiss their claim. They also submit that costs are often not awarded in cases like this, which they assert to be a form of public interest litigation. In the alternative, they submit that costs should be awarded in the cause.

[13] Respectfully, the appellants have not identified a reviewable error in the judge’s handling of costs. Rather, they ask this Court to substitute its discretion for that of the chambers judge. This we cannot and will not do.

[14] For all of these reasons, I would dismiss the appeal.

This critique was published on the Canuck Law website on August 31, 2021. It outlined some of the ways that the Notice of Civil Claim failed to meet the basics of Civil Procedure in British Columbia.

Vaccine Choice was similarly criticized for their filing.

A week later, Gaw and Kuntz instigated a $7 million defamation lawsuit. They dispatched their “thug” to attempt to destroy this website. And for what? For truthfully pointing out that various anti-lockdown cases — including Vaccine Choice — weren’t properly written? For accurately predicting that none of these cases would ever get to Trial? For calling it all a waste of time and money? For suggesting that these shoddy cases can’t just be the result of sloppiness?

What has happened since then?

(1) The B.C. Supreme Court ruled that it was “bad beyond argument”, and drafted so poorly that it was impossible to respond to. Although leave (permission) was granted to amend, the Claim was never accepted as valid.

(2) The Law Society of B.C. put it in their training manual for new lawyers. This case is now a teaching exercise of “wholly inadequate pleadings”, and how to avoid them. See page 15. That’s right, the LSBC is using it to train new lawyers on how not to draft lawsuits.

(3) Now, the B.C. Court of Appeal ruled that the original Claim wasn’t drafted in accordance with the Rules of Civil Procedure. It was too long, confusing, and difficult to follow. They didn’t address the litany of other errors contained within.

Let’s not forget that both Vaccine Choice cases, from 2019 and 2020, have been allowed to sit idly for years. There’s no urgency whatsoever to advance either case.

Despite the Appeal being dismissed, it’s still being promoted as a “win”. Not surprising, considering the August 2022 striking of the Claim was also said to be a “win”. These people are delusional.

And for people who are so touchy about defamation, it seems that the new response is to refer to critics as “paid agitators”. See the February 7th and 21st Rumble videos. During the Zoom version on the 7th, moderators were apparently deleting comments from people asking questions about the cases.

Supposedly, an amended NOCC is ready to be filed for Action4Canada. The obvious question is why that wasn’t done back in 2022. Additionally, why was the original so poorly drafted? And if there really are all these Affidavits of evidence, why mess around for years with shoddy pleadings?

The Court of Appeal has found that the original NOCC wasn’t properly written, and that it has been a waste of time and money. Moreover, wasting judicial resources like this prevents litigants with valid claims from getting their day in Court.

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
(20) CanLII Decision In Action4Canada Appeal

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

Citizens Alliance Of Nova Scotia (CANS), And Their Public Interest Standing Application

An Application for “Public Interest Standing” was heard on January 24, 2024, in the Yarmouth Court in Nova Scotia. A group called the Citizens Alliance Of Nova Scotia, or (CANS), argued that their organization should be granted public interest standing to in addition to the private standing they already obtained.

All of this concerns an October 2021 Application for Judicial Review, or (JR), the group filed, challenging the scope of freedom restrictions that had been in place. Understandably, not everyone was happy with the dictates of Robert Strang, which eroded basic liberty.

The Court in Yarmouth was full of observers, with about another 30 who were attending virtually. Clearly, there was interest in what was going on.

On a procedural note, there were problems with 2 of the Affidavits that had been filed in support of the Application. It seems that they didn’t follow the Rules of Civil Procedure regarding the attachments. One of the people was in Court, and could be questioned on its contents. The other was only attending virtually, and that Affidavit had to be struck.

CANS describes itself as such:

The Citizens’ Alliance of Nova Scotia (CANS) is a federally registered non-profit organization that champions public awareness of government actions, decisions and policy through advocacy, smart activism, education, awareness training and organizational change management.

We are a grassroots organization made up of professionals, educators and families with big hearts and strong community connections. We are committed to protecting the human and constitutional rights and freedoms of all Nova Scotians.

For the recent hearing, CANS went ahead without a lawyer. The case was argued by William Ray, better known as “Stormhaven” for the website he has run for years. (The site is protected for the time being). Although the hearing concluded, no decision was rendered that day. It was reserved until a later date, which was expected.

Since the initial filing, CANS made 3 amendments to the proceedings.
(a) A child co-Applicant “JM” was added, who does have counsel.
(b) A nurse co-Applicant is added to the case, raising additional issues.
(c) In 2023, written submissions are added to narrow the scope of what CANS is asking for.

As for the public interesting standing application, for their part, the Respondent lawyer is opposing the granting of that standing. It’s claimed that CANS is already allowed to proceed in private, and that this adds nothing new.

The Government also claims that since so much time has elapsed, all of the orders in question have long since expired. From that perspective, there’s no real issue to be tried. However, the mootness Motion will be heard in the future.

Ray responded to the topic of mootness being brought up. He stated that CANS members wanted to ensure that they obtained a ruling on the record. That way, if the Government ever attempted anything remotely similar, they could be at the Court “within hours”, to get it shut down.

Distinguishing public and private interest standing

To clarify, there is a difference in the types of standing.

Private Interest Standing: refers to people or organizations who are directly impacted by litigation. This could be for different reasons, whether financial or some other interest. Parties who can establish a direct impact are presumed to have private standing. CANS and its members have already established that the infringements on their liberties have impacted them personally.

Public Interest Standing: is a bit more complicated. It allows Parties who may not be directly impacted in the litigation to participate anyway. The standard is set by the case AGC v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45.

Questions to be asked:
(a) Is there a serious justiciable issue?
(b) What is the nature of the Plaintiff’s interest? Real and genuine?
(c) Is granting standing a reasonable and effective means of bringing the issue before the Court?

In short, no one can simply assert that they have a public interest in a particular issue or piece of litigation. There is a test to be met, upon which a Judge can either grant or refuse standing.

CANS believes that if public interest standing were granted, in addition to the private standing they have, they’ll be able to accomplish more.

Timeline of some of the major events

October 27, 2021: CANS files an Application for Judicial Review.

February 1, 2022: a child co-Applicant was added to bring greater strength to the case.

August 2022: The Government of Nova Scotia (the Moving Party here) decides to bring a Motion for “mootness”, which is still pending as of the publication here.

October 31, 2022: The Government sent their Record (evidence and materials for why they mandated stuff). CANS hasn’t responded to the motion yet but will once the judge sets a schedule for that

December 2022: A nurse co-Applicant and the separation of grounds for review into two issues; rights and ultra vires with submissions.

June 12, 2023: CANS decides to go with self-representation (meaning no lawyer), after endless headaches and delays from existing counsel.

December 04, 2023: CANS filed a Rule 20 form in order to compel the admittance of the following facts by the Respondents:

1) That a Vaccine is; “A substance used to stimulate immunity to a particular infectious disease or pathogen, typically prepared from an inactivated or weakened form of the causative agent or from its constituents or products.” CDC;

2) That “VOLUNTARY” has the following definition & legal meaning Free; without compulsion or solicitation. Without consideration; without valuable consideration; gratuitous.

3) That Robert Strang acting as CMOH had not read the detailed Safety Data contained in the manufactures monographs of any of the experiment.

(The Government has since refused to admit anything)

January 24, 2024: The Court hears the Application to grant CANS public interest standing, in addition to the private standing that it already obtained.

It’s expected that once the decision on whether or not CANS is awarded “public interest standing”, the mootness Motion will have to be addressed.

This is not the complete timeline of events, but just a few of the developments that have happened since the initial filing in October 2021. A more detailed version will follow.

The Respondent (Government) lawyer, of course, objected to the granting of public standing. A few of the issues he raised were: (a) CANS is a very informal group of people, with there being a less rigid structure than others; (b) as a private entity with private standing, this is redundant and not helpful; (c) although this wasn’t a mootness Motion, nothing good can come of the ruling, given the delay in time.

Should CANS ultimately be successful on the Application for JR, the effects could be felt nationwide. There would be precedent for limiting powers to impose “emergency orders”. This would apply regardless of whether public interest standing is granted.

CANS took issue with a CBC article covering the hearing, and put out this press release in response to it.

We’ll have to see what happens here. In either case, the Government is still expected to proceed with its mootness Motion.

ABOUT THE GROUP:
(1) https://www.thecans.ca/
(2) https://www.thecans.ca/call-to-action-letters-of-support/
(3) Citizens Alliance Of Nova Scotia Quick Fact Sheet (pdf)

COURT DOCUMENTS (PUBLIC INTEREST STANDING):
(1) CANS Applicants Brief For Public Interest Standing Augst 25 2023
(2) CANS Applicants Book Of Authorities August 25 2023
(3) CANS Respondents’ Brief respecting Public Interest Standing Motion
(4) CANS Applicants Rebuttal Brief For Public Interest Standing Motion November 20 2023
(5) CANS Applicants Book Of Documents Volume 1 Of 2 December 11 2023
(6) CANS Applicants Book Of Documents Volume 2 Of 2 December 11 2023

Since this case involves Nova Scotia, it might be a good time to repost these freedom of information requests from 2020 through 2022. They’re interesting, and they have significant cross-over with what’s going on in Yarmouth. Thanks again to Shelly Hipson.

NOVA SCOTIA FOI RESULTS:
(1) Nova Scotia FOI: Tactic Admission No Hospitalization Wave
(2) Nova Scotia FOI: Refusing To Turn Over Data To Justify Masks In Schools
(3) Nova Scotia FOI: More Requests To Get Answers
(4) Nova Scotia FOI: Province PREVIOUSLY Reduced ICU Capacity Recently
(5) Nova Scotia FOI: No Evidence Asymptomatic Spreading Even Exists
(6) Nova Scotia FOI: Refusal To Release Contract From CanIMMUNIZE
(7) Nova Scotia FOI: $19.1 Million Spent On Shots, Testing
(8) Nova Scotia FOI: No Real Increase In Deaths During “Pandemic”
(9) Nova Scotia FOI: More Deaths As Vaxx Numbers Climbing
(10) Nova Scotia FOI: Death Statistics By Age/Vaxx Status
(11) Nova Scotia FOI: Data Dump On Vaccination Rates
(12) Nova Scotia FOI: Miscellaneous FOI Results Released
(13) Nova Scotia FOI: Can’t Be Bothered With Pfizer Documents Released
(14) Nova Scotia FOI: AEFI And Weather Modification Data
(15) Nova Scotia FOI: Response On Adverse Effects And Reactions


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