An argument that doesn’t seem to be brought up (at least in Canadian circles) is lockdown measures are illegal for another reason: they violate the International Convention Against the Taking of Hostages. Now, there is a provision that makes this (largely) null and void, but it’s still interesting to think about.
Of course, this doesn’t seem to apply when the state is the one taking the hostages. There’s a weasel clause that makes state-sanctioned hostage taking okay. One would think that international bodies facilitating hostage taking would make it apply.
Anyhow, let’s take a brief look through the document:
Article 1
Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person (hereinafter referred to as the “hostage”) in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages (“hostage-taking”) within the meaning of this Convention.
Any person who:
(a) attempts to commit an act of hostage-taking, or
(b) participates as an accomplice of anyone who commits or attempts to commit an act of hostage-taking likewise commits an offence for the purposes of this Convention.
One would think that detaining citizens at airports for refusing the nasal rape test (for a non-existent virus) counts. Does threatening people with financially crippling fines for not complying with arbitrary or inconsistent rules qualify?
What about forcibly sending people to quarantine camps? Or imposing de-facto house arrest for a period of time, as demanded by public health?
How about being threatened with the loss of one’s livelihood for not wanting to take an unknown experimental concoction?
Article 3
(1) The State Party in the territory of which the hostage is held by the offender shall take all measures it considers appropriate to ease the situation of the hostage, in particular, to secure his release and, after his release, to facilitate, when relevant, his departure.
(2) If any object which the offender has obtained as a result of the taking of hostages comes into the custody of a State Party, that State Party shall return it as soon as possible to the hostage or the third party referred to in article 1, as the case may be, or to the appropriate authorities thereof.
A country has an obligation under this agreement to secure the release of foreigners held hostage in another one. However, that doesn’t apply to domestic hostages.
Article 4
States Parties shall co-operate in the prevention of the offences set forth in article 1, particularly by:
.
(a) taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories, including measures to prohibit in their territories illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of acts of taking of hostages;
(b) exchanging information and coordinating the taking of administrative and other measures as appropriate to prevent the commission of those offences.
Based on this alone, the Public Health Agency of Canada should be shut down. It encourages, instigates, organizes and engages in acts of hostage taking via “public health orders”.
Article 7
The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States concerned and the international intergovernmental organizations concerned.
Article 8
(1) The State Party in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the law of that State.
(2) Any person regarding whom proceedings are being carried out in connexion with any of the offences set forth in article 1 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the law of the State in the territory of which he is present.
Considering that these measures are instigated by supra-national bodies, would we not be able to extradite members of W.H.O. here in order to prosecute for hostage taking?
Article 13
This Convention shall not apply where the offence is committed within a single State, the hostage and the alleged offender are nationals of that State and the alleged offender is found in the territory of that State.
The U.N. states that “everyone has the right to life, liberty and security of person, as set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights”, but this only seems to apply across borders. Abusing rights domestically doesn’t qualify.
In other words, a foreigner in Canada — even illegally — would theoretically have some recourse here. However, a Canadian citizen would not.
Article 14
Nothing in this Convention shall be construed as justifying the violation of the territorial integrity or political independence of a State in contravention of the Charter of the United Nations.
Logically, a country wouldn’t be able to carry out hostage taking under the guise of political independence. But when it’s the U.N. or W.H.O. behind it, then perhaps the rules don’t matter. That being said, look at Article 13, at how that loophole makes the document worthless.
Of course, the Quarantine Act is really just domestic implementation of the W.H.O.’s International Health Regulations, PHAC is just a branch of WHO, and originally Health Canada was meant for population control measures.
In the end, we have foreign bodies writing laws which effectively hold us hostage. There’s a treaty against taking hostages, but it doesn’t apply if done domestically. And this loophole bypasses punishment by having Federal, Provincial, and some Municipal authorities do their bidding.
(1) https://www.treaty-accord.gc.ca/
(2) https://www.treaty-accord.gc.ca/text-texte.aspx?lcid=1033&id=104001&t=637936622752983920
(3) https://www.unodc.org/documents/treaties/Special/1979%20International%20Convention%20against%20the%20Taking%20of%20Hostages.pdf
There is no protection for citizens when the state is protected.