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Worse Than The Original: Galati/Action4Canada File Amended Notice Of Civil Claim

A word of advice: when a party to a lawsuit dies, it’s best to have their name removed. It can look pretty silly when this isn’t done, as is the case with former B.C. Premier, John Horgan.

Action4Canada has (surprisingly) filed their Amended Notice of Civil Claim, or NOCC. They, and their counsel, have decided to keeping spamming the Courts by resubmitting content similar to what’s been struck as “bad beyond argument”.

And “spamming” is how one can describe this.

It’s hard to imagine at this point that it’s being done in good faith. There’s only so many times the Courts — and online trolls — can explain the same points to “Canada’s top Constitutional lawyer”. 5 separate Courts have struck similar pleadings, yet the new one here is more of the same.

To be somewhat balanced, there are genuine improvements. The length has been cut from 391 pages down to 54. The claims about Bill Gates, Klaus Schwab, GAVI, the World Economic Forum, etc… have been removed. The allegations pleaded by the various Plaintiffs are better organized, and more readable. And since this is older content being refiled, the Statute of Limitations shouldn’t be much of a factor. Overall, this version is far easier to follow.

Briefly, here are the positions as alleged.

  1. Action4Canada: An advocacy group, with an interest in the rule of law
  2. “Jane Doe”: Mistreatment by the hospital for not honouring mask exemption
  3. Ilona Zink: Lost her business in 2020 due to forced shutdowns
  4. Valerie Ann Foley: Forced from Vancouver public transit, assaulted, over no mask
  5. Linda Morken: Refused service over no mask, arrested for refusing to leave
  6. Gary Morken: Fined over no mask, had to pick up Linda
  7. Pastor Randy Beatty: Church services disrupted over lockdown measures
  8. Brittany Wilson: Nurse, forced from her career over mask and vaccine requirements

Hard to believe, but there *might* be valid Causes of Action. That said, this is hardly the groundbreaking Claim we were all led to believe was coming.

True, there were initially other Plaintiffs, but they left in 2022, following the comically bad performance of Galati and the “bad beyond argument” decision.

That being said, the newer version goes considerably downhill in many ways, compared to the original. It introduces new errors that weren’t present in 2021, and leaves many older problems unfixed. The new errors were likely the result of copying portions of more recent claims.

One of the most comical screwups is that Action4Canada and the other Plaintiffs are still suing John Horgan. He died of cancer a month ago, and the story was national news. While other parties were removed from the Style of Cause (names at the top), Horgan is still there. It’s not his estate that’s being sued, it’s him personally, which is now impossible.

But don’t worry, it gets much, MUCH worse.

Galati Content Previously Struck By 5 Different Courts

For some additional context, here’s the recent Dorceus review, which outlined the frustration the Courts are feeling about Galati refiling the same cases.

(1) British Columbia Supreme Court (Justice Ross)
Action4Canada v British Columbia (Attorney General), 2022 BCSC 1507 (CanLII)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html

(2) British Columbia Court of Appeal (Justices Marchand, Dickson, Voith)
Action4Canada v. British Columbia (Attorney General), 2024 BCCA 59 (CanLII)
https://www.canlii.org/en/bc/bcca/doc/2024/2024bcca59/2024bcca59.html

(3) Federal Court of Canada (Justice Fothergill)
Adelberg v. Canada, 2023 FC 252 (CanLII)
https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html

(4) Federal Court of Appeal (Justices Gleason, Boivin, LeBlanc)
Adelberg v. Canada, 2024 FCA 106 (CanLII)
https://www.canlii.org/en/ca/fca/doc/2024/2024fca106/2024fca106.html

(5) Ontario Superior Court of Justice (Justice Koehnen)
Dorceus v. Ontario et al., 2024 ONSC 7087 (CanLII)
https://www.canlii.org/en/on/onsc/doc/2024/2024onsc7087/2024onsc7087.html

5 separate Courts: (a) 2 Federal Courts; (b) 2 British Columbia Courts; and (c) the Ontario Superior Court have all thrown out similar pleadings. Justice Chalmers, also in Ontario, took a hardline as well.

This is “Bank of Canada” level bad.

Now, what’s wrong with the current Action4Canada NOCC?

1. Galati STILL Seeks Relief Outside Civil Court Jurisdiction

Galati has been told REPEATEDLY by various Courts to seek only Relief that is within the jurisdiction of the Court. Different types of Courts have different roles, and they need to respect each other. This is obvious, and shouldn’t need explaining.

Except Galati does need to have this explained again and again. Once more, he seeks Relief surrounding: (a) Nuremberg Code; (b) Helsinki Declaration; (c) Criminal Code of Canada, (d) Convention on the Rights of the Child, and more. One has to suspect he simply doesn’t read decisions in his own cases.

2. “Relief Sought” Section Runs Nearly 13 Pages, Is Unworkable

Galati pleads the the section on Relief Sought from paragraph 96 (page 35) to paragraph 121 (page 47). This amounts to nearly 13 pages. Keep in mind, this isn’t 13 items he’s asking for. It’s 13 pages. It’s based largely on facts that aren’t pleaded, and expert evidence improperly listed.

Keep in mind, the original A4C Claim had 44 pages of Relief Sought. While shorter, it hasn’t really improved in terms of quality.

3. Galati Again Using Pseudo-Legal Concepts To Argue Case

A problem that regularly creeps into his cases is that he cites authorities that don’t have a place in modern Canadian jurisprudence, such as the English Bill of Rights. From the CSASPP defamation case, Justice Chalmers had this to say:

[75] In the e-mail to Mr. Dicks, Mr. Gandhi states that lawyers who reviewed the Ontario claim, “said it was very poorly drafted” and “will most likely get struck”. I am of the view that there is justification for this comment. The Ontario pleading is prolix and argumentative. The claim advances pseudo-legal concepts and conspiracy theories that the pandemic was pre-planned and executed by the WHO, Bill Gates, the World Economic Forum and unnamed billionaires and oligarchs. The similarly drafted A4C claim was struck by Justice Ross. In doing so, he described the pleading as “bad beyond argument”.

Another of his favourites is the Magna Carta. While it’s recognized as a historical document, it simply isn’t used in modern times as a basis for law.

4. Relief Sought Over Torts No Plaintiff Pleaded

A common problem with the Amended NOCC is that it seeks Relief based on facts that no Plaintiff actually pleaded. This problem is persistent. While too numerous to list them all, here’s one:

Paragraph 107 seeks Declaratory Relief about the so-called “vaccine passports” being imposed by the Government. The issue here is that no Plaintiff pleads anything about it. Keep in mind, the original NOCC was filed in August 2021, before these were a thing.

The closest is Brittany Wilson saying that she needed vaccination to work in health care. However, that came from her employer, not the Government — at the time.

There’s also Declaratory Relief sought that vaccine passports breach Section 6 (Mobility) Charter Rights. This was probably cut-and-pasted from the travel mandates cases. No Plaintiff pleads that they were citizens prevented from entering, remaining in, or leaving Canada. Nor do any plead that they were refused the right to move between Provinces, or to earn a livelihood elsewhere.

5. Relief Sought For NON-EXISTENT Minor Plaintiffs

Galati seeks Declaratory Relief regarding 12-17 year olds being offered vaccines. Problem is: NONE of the Plaintiffs are minors, nor are any seeking remedies for any children in their care or custody. For this to apply, at least one Plaintiff would have to be in this situation.

6. Relief Against NON-EXISTENT Municipal Defendants

In this section, Galati seeks various forms of Declaratory Relief against “Provincial and Municipal Defendants”. Problem is, there aren’t any Municipal Defendants. Perhaps this was just cut-and-pasted from another Claim.

7. Relief Sought Against NON-EXISTENT Curfews

In paragraph 97(e), Galati seeks relief surrounding various stay-at-home orders, curfews, and other lockdown measures. Thing is, these didn’t happen in B.C., where this Claim is filed. True, things were far worse in Ontario and Quebec, but this simply doesn’t apply in B.C.

8. Action4Canada Isn’t A Proper Party To This Lawsuit

The only information Action4Canada pleads is that it was co-founded in 2019 and that it “steps up” to advocate on behalf of the rule of law, the Constitution, and democratic governance. It specifically cites what happened starting in 2020.

The group seeks Charter damages pursuant to s.2 (fundamental freedoms),s.6 (mobility), s.7 (security of the person) and s.15 (equality). However, there’s no information pleaded that — even if true — would address any of these torts. There are no material facts at all. A4C clearly lacks Private Interest Standing.

Canada v. Downtown Eastside Sex Workers United, 2012 SCC 45 is the case which establishes the test for Public Interest Standing.

(a) Serious Justiciable Issue
(b) The Nature of the Plaintiff’s Interest
(c) Reasonable and Effective Means of Bringing the Issue Before the Court

In theory, A4C could argue this, but there would be serious problems, especially given that their style of litigation isn’t exactly “reasonable and effective”.

9. “Jane Doe” Isn’t A Proper Party To This Lawsuit

Something Galati routinely does is sue on behalf of anonymous Plaintiffs. This is obviously not allowed, as one has the right to confront their accusers in Court. While one may wish to not be associated with litigation, having an “open Court principle” makes this difficult.

In fact, the Dorceus ruling addressed exactly that. Justice Koehnen struck 2 “John Does” and 1 “Jane Doe” for refusing to use their real names in Court. No reason had been provided for any of them doing this. The Plaintiff in this case will meet the same fate.

10. Plaintiffs Plead No Facts About Federal Defendants (Except RCMP)

In the NOCC, it’s required for Plaintiffs to plead material facts (Rule 3-1(2)(a)), and plead particulars (Rule 3-7(17)). This is redundant, and covered many times before.

Problem is, the Plaintiffs don’t plead any facts whatsoever related to the Federal Defendants, with the exception of the RCMP. This includes:

  • Justin Trudeau, current Prime Minister of Canada
  • Theresa Tam, Canada’s Chief Public Health Officer
  • His Majesty the King in Right of Canada
  • Attorney General of Canada
  • Omar Alghabra, Federal Minister of Transport

While it’s true that details in a Claim are to be assumed true, at least initially, there’s nothing in the NOCC that suggested the Plaintiffs were harmed by any of them. Their grievances now are primarily with the Provincial Defendants. A Judge will almost certainly strike the above named.

Yes, the originally NOCC contained loads of irrelevant information, but at least that version pleaded some facts about the above Parties. That’s all gone now.

11. Pleading Evidence Instead Of Pleading Facts

Rule 3-7 — Pleadings Generally
Content of Pleadings
.
Pleading must not contain evidence
(1) A pleading must not contain the evidence by which the facts alleged in it are to be proved.

Virtually everything from paragraph 37 (page 17) until about paragraph 94 (page 34) should be struck. It gets into expert evidence, which is not the role of the NOCC. That comes much later. Galati has been told this many times before, and refuses to listen. It also mentions many people: (a) Peter McCullough; (b) Peter Hotez; (c) Michael Yeadon; (d) William Haseltine, etc… who aren’t parties, and whom the Defendants likely don’t know.

12. Arguing Caselaw In A Notice Of Civil Claim

Once more, Galati tries to argue caselaw throughout the NOCC. This is likely done in order to appear smart, but is a serious mistake. The initial pleadings are not the place to dive into the law, and it’s not supposed to look like a Factum. All of those areas should properly be struck.

Will There Be Leave (Permission) To Further Amend?

That’s actually tricky to answer. Despite the Amended NOCC being full of deficiencies, it is considerably cleaned up. Courts tend to prefer to give “that extra chance”. There are allegations raised which *potentially* would be valid Causes of Action. As such, as least some of the Plaintiffs could proceed.

On the other hand, Galati is (to a large degree) simply recycling his pleadings yet again. He seems to have mostly ignored the guidance of Justice Ross, and appealed for no real reason. This pleading has many of the same defects, and adds in new ones. The B.C. Supreme Court could simply decide to end it all at the next Application to Strike.

Action4Canada has stated on countless occasions that they have tens of thousands of pages of expert reports and evidence ready to go. It’s that true, then why mess around with screwed up pleadings? Why repeatedly sabotage your own cases?

In any event, this lawsuit will never get to Trial.

Remember: the best way to control the opposition is to lead it ourselves!

ACTION4CANADA AMENDED CLAIM:
(1) A4C Amended Notice Of Civil Claim

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

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5th Galati Pleading Struck As “Abuse Of Public Resources”, $190,000 Costs Ordered In Dorceus

[53] I have the distinct impression from reading the Amended Claim as a whole that its object is not to vindicate the employment rights of the plaintiffs so much as it is to mount a political crusade in which the court will be used as a grandstand to conduct an inquiry into the effectiveness of vaccines and the effectiveness of government measures in response to the Covid-19 pandemic by opponents of those measures.

[154] …. If this was not clear from the outset, it should have become clear by the time the British Columbia Supreme Court, the British Columbia Court of Appeal, the Federal Court, and the Federal Court of Appeal struck out similarly drafted statements of claim prepared by the same lawyer. While the interests of a free and democratic society may warrant leeway with respect to the pursuit of unconventional claims at the outset, when such claims continue to be pursued after being struck out by four courts, they amount to an abuse of public resources.

[157] …. Plaintiffs’ counsel is a sole practitioner with a different cost structure than that of counsel for the Non-Governmental Defendants and that this is the fifth time that Plaintiffs’ counsel has litigated a motion to strike with respect to a claim of this nature. I expect having done this four times before, that there were significant cost efficiencies for Plaintiffs’ counsel, especially with respect to the factum.

-Justice Koehnen, Ontario Superior Court Judge

This week, 473 Plaintiffs, who are current and former health care workers, saw their Statement of Claim struck completely. This was partly because it was so poorly crafted, but also because most had collective bargaining agreements which prohibited lawsuits. Of those litigants, 395 belonged to some sort of union, while the other 78 did not. They had been employed all across Ontario.

If this sounds familiar, it should. It’s yet another scam lawsuit that has come crashing down on duped litigants. And this will cost them $190,000 for doing so.

Interestingly, one Plaintiff decided to retain a real lawyer and have a proper Claim drafted. That person was given permission to file. More on that later.

Previous Critique On Galati Case Aged Very, Very Well

Back in July, this review was posted about the numerous defects in the Statement of Claim. And as predicted, jurisdiction was a fatal law, at least for the unionized Plaintiffs.

While the Statute of Limitations wasn’t really a concern of the Court here, it may be if Plaintiffs decide to try their luck elsewhere. However, every other item on this list made its way into Justice Koehnen’s ruling in some form.

  1. Failure To establish Jurisdiction of the Court
  2. Failure to seek Relief within Jurisdiction of the Court
  3. Failure to plead concise set of material facts
  4. Failure to keep evidence out of Claim
  5. Failure to remove argument from Claim
  6. Failure to plead facts which would support conclusions of law
  7. Failure to give Claim particulars
  8. Failure to specify who should pay damages
  9. Failure to properly plead s.2 (fundamental freedoms) Charter breaches
  10. Failure to properly plead s.6 (mobility rights) Charter breaches
  11. Failure to properly plead s.7 (security of the person) Charter breaches
  12. Failure to properly plead s.15 (equality) Charter breaches
  13. Failure to properly plead tort of intimidation
  14. Failure to properly plead tort of conspiracy
  15. Failure to properly plead tort of malfeasance
  16. Failure to state a Cause of Action
  17. Failure to appreciate Statute of Limitations
  18. Claim just a duplicate of other cases

Perhaps most notably, the Court finally called Galati out for recycling his earlier cases. It’s long overdue for this to happen.

Galati Called Out For REPEATEDLY Wasting Court Resources

(1) British Columbia Supreme Court (Justice Ross)
Action4Canada v British Columbia (Attorney General), 2022 BCSC 1507 (CanLII)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html

(2) British Columbia Court of Appeal (Justices Marchand, Dickson, Voith)
Action4Canada v. British Columbia (Attorney General), 2024 BCCA 59 (CanLII)
https://www.canlii.org/en/bc/bcca/doc/2024/2024bcca59/2024bcca59.html

(3) Federal Court of Canada (Justice Fothergill)
Adelberg v. Canada, 2023 FC 252 (CanLII)
https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html

(4) Federal Court of Appeal (Justices Gleason, Boivin, LeBlanc)
Adelberg v. Canada, 2024 FCA 106 (CanLII)
https://www.canlii.org/en/ca/fca/doc/2024/2024fca106/2024fca106.html

Now we have this gem, the 5th pleading to be struck:

(5) Ontario Superior Court of Justice (Justice Koehnen)
Dorceus v. Ontario et al., 2024 ONSC 7087 (CanLII)
https://www.canlii.org/en/on/onsc/doc/2024/2024onsc7087/2024onsc7087.html

Worth noting: Justice Chalmers of the Ontario Superior Court weighed in a year ago when CSASPP was sued for defamation. He dismissed that case under anti-SLAPP laws, and awarded $132,000 in costs. He was scathing in his decision.

[74] In the e-mail to Mr. Dicks dated January 29, 2022, Mr. Gandhi supported the statement with hyperlinks to support the statements. The statements made in the FAQ are also supported by hyperlinks that provides that factual support for the statements. The statements made in the e-mail to Mr. Dicks and in the FAQ, that the Plaintiff has been criticized by the courts in other cases, is supported by the following decisions: Sivak v. Canada, at para. 55, Galati v. Harper, at para. 35, Da Silva Campos v. Canada, at para. 12, Wang v. Canada, 2016 FC 1052, at para. 31, and Al Omani v. Canada 2017 FC 786, at para. 94-95.

[75] In the e-mail to Mr. Dicks, Mr. Gandhi states that lawyers who reviewed the Ontario claim, “said it was very poorly drafted” and “will most likely get struck”. I am of the view that there is justification for this comment. The Ontario pleading is prolix and argumentative. The claim advances pseudo-legal concepts and conspiracy theories that the pandemic was pre-planned and executed by the WHO, Bill Gates, the World Economic Forum and unnamed billionaires and oligarchs. The similarly drafted A4C claim was struck by Justice Ross. In doing so, he described the pleading as “bad beyond argument”.

[88] Here, the action commenced in Ontario by the Plaintiff is prolix and contains bizarre conspiracy theories. The action he commenced in British Columbia is similar. I am of the view that “what is really going on” in this case is an attempt by the Plaintiff to stifle public criticism about a class action claim that is not properly pleaded and improperly asserts bizarre conspiracy theories that are ineffective and have little or no chance of success.

Factoring in Justice Chalmers, 10 different Judges in 6 separate Court hearings have made determinations that this type of litigation is frivolous, an abuse of the Court system, improperly pleaded, and has little to no chance of success.

Keep in mind, this list would be a lot longer, if not for several cases that were dropped. These include: (a) Vaccine Choice Canada; (b) Katanik / Take Action Canada; (c) Children’s Health Defense Canada; and (d) Sgt. Julie Evans / Police on Guard.

Arbitration/Grievance Requirement Bars Unionized Workers

[13] The plaintiffs’ core complaint is that their employment was suspended or terminated as a result of their employer’s COVID-19 vaccination policy. Suspension and termination are core elements within the jurisdiction of labour arbitrators under the labour relations regime. The fact that the plaintiffs also go on to characterize their claims as ones for conspiracy, intimidation, intentional infliction of mental anguish and breach of the Charter does not change the analysis. All of those complaints remain rooted in the employment relationship and its suspension and termination.

Despite attempts to frame this (Dorceus) as conspiracy, intimidation, and a variety of other torts, Justice Koehnen stated that this is really about litigants having their employment conditions altered to require these vaccines. This was essentially constructive dismissal.

This finding was fatal to the unionized Plaintiffs, who were barred from the Courts.

Once Again, No Material Facts Or Particulars Pleaded

Rules of Pleading — Applicable to all Pleadings
Material Facts
.
25.06 (1) Every pleading shall contain a concise statement of the material facts on which the party relies for the claim or defence, but not the evidence by which those facts are to be proved.

Rules of Pleading — Applicable to all Pleadings
Nature of Act or Condition of Mind
.
25.06(8) Where fraud, misrepresentation, breach of trust, malice or intent is alleged, the pleading shall contain full particulars, but knowledge may be alleged as a fact without pleading the circumstances from which it is to be inferred.

Regular readers will have heard the terms “pleading facts” and “pleading particulars”. While the numbering systems differ, the Rules are the same across Canada.

JURISDICTION PLEAD FACTS PLEAD PARTICULARS
Federal Court Rule 174 Rule 181
British Columbia Rule 3-1(2)(a) Rule 3-7(17)
Manitoba Rule 25.06(1) Rule 25.06(11)
Ontario Rule 25.06(1) Rule 25.06(8)
Nova Scotia Rule 38.02(2) and (3) Rule 38.03(3)

From the ruling, we get this information:

[49] The Amended Statement of Claim is, at best, unusually drafted. A statement of claim is supposed to contain material facts on which the action is based. The Amended Statement of Claim contains few material facts about the employment of any of the 473 plaintiffs or the circumstances of their suspension or termination. Mr. Galati explained in oral argument that if the claim contained such facts, it would run into the hundreds of pages and would be challenged as unwieldly. That perhaps speaks to the advisability of pleading this as a consolidated claim.

Galati sued on behalf of nearly 500 people. He was required to plead facts about each Plaintiff that would establish a case for everyone. He had to plead facts about all the (alleged) Charter violations for each Plaintiff. A proper suit for so many people would have been several hundred pages in length. Other than naming their specific employers, he provided no detail about any of them.

Instead, it was the Defendants who compiled a 13,000 page, 23 volume Motion Record in preparing their Motion to Strike.

Even if this were a Class Action — which it wasn’t — sufficient facts would still have to be pleaded for every Representative Plaintiff.

Another missing part was particulars. When alleging malice, bad faith, malfeasance, or a host of other torts, they must be spelled out in detail. Procedurally, Defendants cannot be left guessing what the case against them is.

Plaintiff Beth Ann Dick Goes Her Own Way

[146] The plaintiff Beth Ann Dick provides an example of the sorts of considerations at issue here when determining whether leave to amend should be granted. Ms. Dick was initially represented by Mr. Galati. She says that she was not informed about the specific claims that Mr. Galati made on her behalf, did not speak with him, and did not meet him to discuss the individual circumstances of her claim, nor was she aware of the types of legal argument that would be made on her behalf.

[147] She has since retained Mr. R. P. O’Connor who has delivered a more conventional fresh as amended statement of claim. It narrows the claim to solely that of Ms. Dick against her former employer, removes the allegations of Charter breaches, removes outlandish allegations of false pandemics and crimes against humanity, and clearly pleads the necessary facts underlying causes of action in tort, contract, and breach of statute that she advances.

[148] Mr. O’Connor’s proposed amended statement of claim is an example of a pleading that survives a challenge under Rule 21. I grant leave to Ms. Dick to file the amended pleading she proposes.

Beth Ann Dick was a Plaintiff in the original case, but bailed out and retained a real lawyer. Her new counsel, R.P. O’Connor sent in a proposed Amended Statement of Claim that actually pleaded valid Causes of Action. It is (more or less) straight breach of contract.

If other Plaintiffs had been represented by a competent lawyer, things could very well have ended differently for them.

While the non-unionized Plaintiffs were granted Leave to Amend, any who want to will likely need to hire a better lawyer.

Missed Opportunity: Bill Galati For The $190,000 In Costs

While the Plaintiffs were hit with $190,000 in Court costs, this could have ended differently. If Justice Koehnen was serious about lawyers not abusing the Court process with duplicate Claims, he could have ordered Galati himself to pay. Rest assured, such baseless litigation would virtually disappear if lawyers were personally responsible for what they file.

Instead, it’s always the clients who have to pay, regardless of how badly (or how often) their counsel screws up.

And on a final note, Action4Canada eventually submitted their Amended Notice of Civil Claim (NOCC), nearly a year after the Court of Appeal laughed them out of Court. While much shorter, it contains many of the same defects that Justice Ross mentioned, and adds new ones in. Expect another Application to Strike.

DORCEUS DOCUMENTS:
(1) Grifters Main Page
(2) https://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest
(3) https://www.ontario.ca/page/search-court-cases-online
(4) Dorceus Statement Of Claim
(5) Dorceus Amended Statement Of Claim
(6) Dorceus Defendant Moving Party Factum SJM Government
(7) Dorceus Defendant Moving Party Factum SJM Hospitals
(8) Dorceus Plaintiff Responding Factum SJM
(9) https://www.canlii.org/en/on/onsc/doc/2024/2024onsc7087/2024onsc7087.html

PREVIOUS DECISIONS:
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) https://www.canlii.org/en/bc/bcca/doc/2024/2024bcca59/2024bcca59.html
(3) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html
(4) https://www.canlii.org/en/ca/fca/doc/2024/2024fca106/2024fca106.html

ACTION4CANADA:
(1) A4C Amended Notice Of Civil Claim

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Bill S-210: Age Restricting Pornography, Yukon Status of Women Council Opposed

This is a follow up to the previous article, which covered Women’s LEAF, the Women’s Legal Action and Education Fund. It’s not the only group opposed to this legislation. Bill S-210 passed through the Senate in the Spring of 2023, and has yet to undergo Third Reading in the House of Commons, after the hearings concluded. It was introduced by Quebec Senator Julie Miville-Dechêne.

The Bill itself is titled: An Act to restrict young persons’ online access to sexually explicit material. As the name implies, the substance is about age restricting access to pornography. Quite simply, this is to limit the access of minors to this content.

The Yukon Status of Women Council (YSWC) is the group that sent in this paper in opposition to Bill S-210. The majority of it has nothing to do with the issue at hand.

One of their current efforts is SWAPY, Supporting Worker’ Autonomy Project Yukon. While claiming to be against human trafficking and exploitation, they call for support and legalization of sex work, which is inherently exploitative.

They note that:

“It is critical to note that sex work and exploitation and trafficking are often conflated, which has far reaching impacts on policies and services which cause harm to those engaging in sex work, which is consensual (vs. exploitation, which is not consensual). Part of our work aims to counter these misconceptions and increase safety and options for peers.”

The argument is beyond the scope of this article, but it’s also irrelevant here. It’s also repeated in their submissions to the House of Commons. Bill S-210 is about implementing an age-restriction regime for accessing adult content. It’s about whether or not there should be some sort of screening to prevent minors from getting access.

While this seems broad, the Bill does have a “Defences” section within.

Defence — legitimate purpose
(2) No organization shall be convicted of an offence under section 5 if the act that is alleged to constitute the offence has a legitimate purpose related to science, medicine, education or the arts.

To be clear, Bill S-210 puts in a number of exemptions, such as: (a) science; (b) medicine; (c) education; and the “arts”. While the exact definitions are not spelled out, at least the first 4 are pretty obvious. It’s more subjective as to what “the arts” would encompass.

YSWC states several times that it’s trying to refute the narrative which conflates “consensual work” with overt “trafficking and exploitation”. It’s unclear how that applies here. Minors shouldn’t be permitted access, which is the goal of Bill S-210. Whether or not there’s exploitation at the other end is beside the point.

“The impact of this censorship extends beyond mere content moderation, affecting the livelihoods and autonomy of those who rely on online platforms for income and community building. Independent content creators, including sex workers and artists, face the threat of financial hardship and even more avenues for stigmatization and criminalization as a result of increased content restrictions and platform censorship, while larger adult websites would remain unaffected.”

How would implementing some age-verification system “create financial hardship” unless the content was (at least in part) directed at minors? Seems like those are the kinds of operations that SHOULD be closed down.

The group also claims that the alphabet “community” needs access to sexually explicit material for education and expression. This is identical to what Women’s LEAF argues. Assuming this is true, why then would this be detrimental, unless it was aimed at minors?

YSWC argues that Bill S-210 infringes on the “right to work” for sex workers. It does no such thing, but merely requires some effort to ensure all the customers are actually adults.

YSWC points out that requirements could be bypassed by using a VPN, and setting it to indicate that the device is located in another country. While true, it doesn’t really give a reason to abandon the Bill altogether.

As an aside, YSWC is also involved in a Court challenge against the Safer Communities and Neighbourhoods (SCAN) legislation. It allows for evictions of tenants on 5 days notice in the event of certain illegal activities. These include:

  • drug trafficking
  • bootlegging
  • prostitution

In early 2022, the Yukon Government committed to reviewing the SCAN Act.

While it could be argued the YSWC does valid advocacy work for women who’ve fallen on hard times, it still doesn’t explain the opposition to Bill S-224. Perhaps more general privacy concerns would gut their online businesses if people had to use their real identities to gain access.

BILL S-210, (AGE RESTRICTING PORNOGRAPHY):
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/s-210
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-210/third-reading
(4) https://sencanada.ca/en/senators/miville-dechene-julie/
(5) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=12521982
(6) Women’s LEAF Submission Against Implementing Bill S-210
(7) Yukon Status Of Women Council Against Implementing Bill S-210

BILL S-224, (HUMAN TRAFFICKING):
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/s-224
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-224/third-reading
(4) https://sencanada.ca/en/senators/ataullahjan-salma/
(5) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=12111640

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”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(10.3) Bill C-293: Lobbying Interests Behind Nathaniel Erskine-Smith
(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 C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill C-390: Expanding Euthanasia Into PROVINCIAL Frameworks
(17) Bills C-398/C-399: Homeless Encampments, Immigration “Equity”
(18) Bill C-413: Prison Time Proposed For Residential School “Denialism”
(19) Bill S-210: Women’s Legal Action & Education Fund
(20) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(21) Bill S-243: Climate Related Finance Act, Banking Acts
(22) Bill S-248: Removing Final Consent For Euthanasia
(23) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(24) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

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Bill S-210: Age Restricting Pornography, Women’s LEAF Opposed To It

Bill S-210 passed through the Senate in the Spring of 2023, and has yet to undergo Third Reading in the House of Commons, after the hearings concluded. It had been introduced by Senator Julie Miville-Dechêne of Quebec.

The Bill itself is titled: An Act to restrict young persons’ online access to sexually explicit material. As the name implies, the substance is about age restricting access to pornography.

What’s interesting about this Bill is some of the groups that work to oppose it, and all while claiming to fight for women’s rights. One such organization is Women’s LEAF, the Women’s Legal Education and Action Fund. Leslyn Lewis was once a National Board Member of it.

LEAF describes itself as:

a national, charitable, non-profit organization that works towards ensuring the law guarantees substantive equality for all women, girls, trans, and non-binary people. LEAF has developed expertise in the gendered and intersectional impact of technology-facilitated violence through intervening in landmark cases before the Supreme Court of Canada and making submissions to Parliament to highlight gender equity implications of online hate.

At the hearings before the House of Commons, LEAF made submissions, arguing against Bill S-210. The reasons are baffling.

In fairness, LEAF is hardly the only one to argue against Bill S-210. We’ll get into some of the others as well in subsequent articles.

Rather than implement age-restriction specifically for obscene material, LEAF instead defers to the much broader Bill C-63. While decrying possible invasions of privacy, the group recommends something more expansive.

***NCDII stands for non-consensual distribution of intimate images.

LEAF also has a rather convoluted objection to age-verification, under the guise of victims’ rights. While hundreds of underage people (mostly girls) have been victimized, requiring identification would make it harder for them to access their own images.

This means that LEAF is well aware of that the content of minors is often published, but age-verification can’t be allowed in order to allow victims some recourse. Perhaps a more stringent screening process beforehand would be helpful.

LEAF also adds that “To steer clear of such an inordinate penalty, tech companies are likely to over-moderate content on their sites. 2SLGBTQIA+ community members will bear the brunt of this change: through sexual content moderation, queer and trans content is already disproportionately targeted, banned, restricted, and demonetized on social media platforms“.

While denying that the “community” is full of groomers, LEAF argues that age-verification will disproportionately impact these people.

Defence — legitimate purpose
(2) No organization shall be convicted of an offence under section 5 if the act that is alleged to constitute the offence has a legitimate purpose related to science, medicine, education or the arts.

Keep in mind, section 6(2) of Bill S-210 makes it clear that legitimate purposes related to: (a) science; (b) medicine; (c) education; or (d) “the arts” is a full defence. And “arts” is presumably a broad category. Nonetheless, LEAF still opposes age-verification.

DEPARTMENT/MINISTRY YEAR AMOUNT
Canadian Heritage (PCH), Court Challenges 2022 $25,000.00
Canadian Heritage (PCH), Court Challenges 2023 $54,475.05
Canadian Heritage (PCH), Court Challenges 2024 $54,475.05
Employment and Social Development Canada (ESDC) 2022 $8,911.00
Employment and Social Development Canada (ESDC) 2023 $8,400.00
Employment and Social Development Canada (ESDC) 2024 $8,400.00
Justice Canada (JC) 2023 $33,712.34
Justice Canada (JC) 2024 $33,712.34
Women and Gender Equality (WAGE) 2022 $362,668.00
Women and Gender Equality (WAGE) 2023 $364,183.53
Women and Gender Equality (WAGE) 2024 $364,183.53

This is just some of their more recent financing.

The Canadian Court Challenges Program is an initiative set up with public money in order for various “independent” groups to bring lawsuits challenging public policy. In other words, taxpayers have to finance lawfare against their own institutions.

For an idea of the kind of litigation that LEAF brings, check out some of their earlier work. It’s not a stretch to describe them as anti-family, anti-woman, and anti-humanity.

Lately, LEAF has been using a lobbying firm called Counsel Public Affairs. Bridget Howe, Ben Parsons, Sheamus Murphy, and Laila Hawrylyshyn (all Liberals) have been making their rounds. Counsel P.A. also employs Amber Ruddy, drug lobbyist and former CPC National Secretary.

Women’s LEAF, like so many groups, is also significantly subsidized by taxpayers, across different Ministries. They then hire lobbyists to lean on politicians to implement their agendas. In other words, organizations like these are using public money to pressure politicians against implementing safeguards for what children view online.

You don’t hate these people enough.

BILL S-210, (AGE RESTRICTING PORNOGRAPHY):
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/s-210
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-210/third-reading
(4) https://sencanada.ca/en/senators/miville-dechene-julie/
(5) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=12521982
(6) Women’s LEAF Submission Against Implementing Bill S-210

BILL S-224, (HUMAN TRAFFICKING):
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/s-224
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-224/third-reading
(4) https://sencanada.ca/en/senators/ataullahjan-salma/
(5) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=12111640

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”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(10.3) Bill C-293: Lobbying Interests Behind Nathaniel Erskine-Smith
(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 C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill C-390: Expanding Euthanasia Into PROVINCIAL Frameworks
(17) Bills C-398/C-399: Homeless Encampments, Immigration “Equity”
(18) Bill C-413: Prison Time Proposed For Residential School “Denialism”
(19) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(20) Bill S-243: Climate Related Finance Act, Banking Acts
(21) Bill S-248: Removing Final Consent For Euthanasia
(22) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(23) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

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Citizens Alliance Of Nova Scotia (CANS) Mootness Motion To Be Heard Friday

On Friday, Citizens Alliance of Nova Scotia (CANS) will argue against a Motion to have their case declared “moot” in a Yarmouth Court. This isn’t a determination on the merits, but to get the it thrown out regardless. This comes after the organization was denied public interest standing earlier this year.

Interestingly, CANS is doing this without formal representation. Their papers are being drafted by a few of their members, which is quite impressive. At the hearing for public interest standing, William Ray — author of the Stormhaven website — presented their case. The other co-Applicant, J.M., is a minor who does have a lawyer.

The Attorney General’s office is claiming that it’s a waste of time and money, as so long has elapsed, and there are no live issues. The usual “scarcity of judicial resources” justification has been pleaded. Unsurprisingly, CANS opposes the Motion, in part because Robert Strang is still in office. Part of CANS’ mission is to ensure this type of activity never happens again. The Briefs are well worth reading.

To support their Motion, the Government included an Affidavit from Tara Walsh, Senior Executive Director at Public Health. CANS filed Affidavits sworn by Chris Milburn and Shelly Hipson, along with her extensive research. J.M. didn’t submit one, which the lawyer is using to demonstrate that there’s no live issue to try.

In its current form, the case is an Application for Judicial Review. In theory, even if declared “moot”, it may still be okay to refile as an Action, with a Statement of Claim. There is far more latitude with those kinds of proceedings, whereas Applications are more restrictive. That is, after all, what happened with the travel mandates cases — although the idiot lawyers appealed.

The Friday hearing is to be available virtually. Anyone wishing to watch the hearing can contact the Court, or CANS directly. Information is also in their pinned Tweet.

COURT DOCUMENTS (MOOTNESS MOTION):
(1) CANS Walsh Affidavit Mootness Motion
(2) CANS Milburn Affidavit Mootness Motion
(3) CANS Hipson Affidavit Mootness Motion
(4) CANS Hipson Affidavit Mootness Motion More Attachments
(5) CANS Government Arguments Mootness Motion
(6) CANS Applicants Arguments Mootness Motion
(7) CANS Government REPLY Arguments Mootness Motion

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
(7) https://www.canlii.org/en/ns/nssc/doc/2024/2024nssc253/2024nssc253.html

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)

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Bill C-293: Who’s Pulling Nathaniel Erskine-Smith’s Strings?

Previously, this site covered Bill C-293, the Pandemic Prevention and Preparedness Act, from Liberal M.P. Nathaniel Erskine-Smith. See here and here for background information on the legislation.

In essence, it amounts to domestic implementation of the proposed Pandemic Preparedness Treaty that the World Health Organization wants all countries to adopt. Just as the Quarantine Act and subsequent Provincial Health Acts came from the International Health Regulations, this is more of the same. See Parts 1, 2, 3, 4, 5, 6, and 7.

January 2022, Erskine-Smith introduced M-43, to address “vaccine equity”. If implemented, this would:

(a) donate at least 200 million doses, as promised, to vulnerable populations around the world through COVAX by the end of 2022, and ensure that all excess doses pursuant to Canada’s contracts are transferred as soon as possible;
(b) deliver an additional $1.1 billion as a net addition to the International Assistance Envelope and existing departmental resources to address global vaccine equity in Budget 2022, including:
(i) $780 million to Act-Accelerator partners to purchase vaccines, tests, treatments, PPR and oxygen in developing countries,
(ii) $290 million to strengthen pandemic preparedness and response capacity, including support for in-country delivery costs;
(c) contribute to a significant increase in global manufacturing capabilities for vaccines and other tools to fight COVID-19, including by:
(i) supporting the temporary waiver of intellectual property rights related to prevention, containment or treatment of COVID-19 at the World Trade Organization,
(ii) facilitating the transfer of technology to manufacture COVID-19 vaccines around the world, including financial support for regional hubs such as the South Africa Technology Transfer Hub; and

M-43 appears to create a giant slush fund that would pour billions of taxpayer dollars into “vaccine equity” arrangements around the world. It’s unclear what — if any — oversight there would be.

As with so many of these bills, some very important questions aren’t being asked: who’s actually behind it? Who are the people that are really writing them?

Here are some possible answers.

Daniel Kelter, Former Legislative Assistant, Now Lobbyist

According to his profile, from December 2015 until September 2018 — nearly 3 years — he worked for Erskine-Smith.

• Briefed the Member of Parliament on policy issues, including debates in front of the house, proposed legislation, and committee reports/issues
• Liaised and maintained relationships with Minister’s offices, constituency residents, parliamentary staff, and relevant special interest groups
• Designed and created communication products across social media and traditional media platforms, and created subsequent analytical reports on their impact
• Managed an office budget of $359,590 and provided accurate financial accounting to comply with House of Commons by-laws

If Kelter is to be believed, he essentially wrote Erskine-Smith’s speeches and various media appearances. He was a handler. The last several months, Kelter not only worked for him, but was the Director of Operations. His duties at this point were that he:

• Advised the Member on all policy issues before the House of Commons, and prepared briefs on issues and legislation when necessary
• Planned, in conjunction with the Member, legislative priorities and assisted with the development of speeches, press releases, media lines, QP card messages, key messages etc
• Managed a whole-of-organization approach to completing Member’s business, while overseeing an office team consisting of staff, interns, and volunteers
• Managed and reconciled a budget of $368,720 that included procurement, salaries, travel, and constituency or parliamentary events

Kelter then went on to take a similar role for Jane Philpott, who was Minister of Health. She also was a Treasury Board Member, and on the Cabinet Committee on Intelligence and Emergency Management.

Kelter’s current position is with a group called Carbon Removal Canada. They explain what their goals are, and why.

What does Carbon Removal Canada do?
Carbon Removal Canada collaborates with governments, local communities, Indigenous groups, innovators, advocacy organisations, and companies to grow the carbon removal sector in Canada.

Our goal is to advance responsible carbon removal solutions by educating stakeholders about using them to reduce CO₂ in the atmosphere while focusing on community well-being and social equity. We also assist in developing policies that increase the demand for and supply of carbon removal projects, ensuring that these projects are credible and impactful. Additionally, our policy research supports the growth of carbon removal by providing insights that meet the sector’s current needs and help shape effective policies.

Why Canada for carbon removal?
Canada has the right ingredients to be a global leader in the carbon removal sector, including natural resources, carbon storage infrastructure, a trained workforce, and a thriving innovation ecosystem.

Canada’s ambitious goal of reaching net-zero emissions by 2050 reflects its climate leadership as a nation — which will require a broad suite of solutions, including carbon removal, for goal achievement. With the right policies in place, the Canadian government, technology and business leaders have all the tools they need to seize this opportunity, spearhead the global growth of a brand-new sector, and build it from the ground up.

Why does Carbon Removal Canada advocate using carbon removal alongside emission reduction efforts?
Carbon removal is essential for a global clean energy transition, but it should complement, not replace, emissions reduction efforts. Carbon removal can help address emissions that are too challenging or cost-prohibitive to reduce with current technology on the path to net-zero. Importantly, after reaching net-zero, carbon removal can be used to eliminate historical emissions, getting global temperatures back to safer levels. The potential for carbon removal to contribute to a net-negative emissions world demands that it be used in addition to emissions reduction efforts.

Although Bill C-293 is the “pandemic prevention and preparedness”, at least officially, we’ve already seen the climate change industry getting into bed it. Many will claim that there’s a “mutual solution” in adopting environmental practices and preventing more outbreaks.

Teodora Durca, Former Parliamentary Intern, Now Lobbyist

For nearly a year in 2021/2022, Teodora Durca was an intern in Erskine-Smith’s office. Since then, she’s moved on to Sussex Strategy Group, a lobbying firm with offices in Toronto and Ottawa.

According to the Federal Lobbying Registry, her recent clients include:

  • Alectra Utilities Corporation
  • Association of Power Producers of Ontario
  • Atlantic Power
  • BluEarth Renewables Inc.
  • Canadian Power-to-X-Partners Inc.
  • Capstone Infrastructure Corporation
  • Electricity Distributors Association
  • Energy Storage Canada
  • Hydrostor Inc.
  • Invenergy Renewables Canada Development ULC
  • Kanin Energy Inc.
  • Next Hydrogen Solutions
  • Northland Power Inc.
  • Potentia Renewables Inc.

A quick look through the profiles shows that these companies are interested in legislative changes around renewable energy. Several are asking about subsidies and tax changes.

A few sections of Bill C-293 read as follows:

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

include the following information, to be provided by the Minister of the Environment:
.
2(m)(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

Why this matters is that changes made as a result of this legislation could easily lead to (more) money being funneled into “green energy” schemes. Durca’s clients stand to be made wealthy depending on what regulatory changes are made.

Erskine-Smith Met With ONE Global (Canada)

June 2022, Erskine-Smith introduced Bill C-293. A month later, he formally met with Elise Legault of ONE Global (Canada). This is a group that probably few have heard of. Previously, Legault had worked for UNESCO.

The ONE Campaign is a 501(c)(3) registered non-profit in the United States. Their donor lists contains many prominent names.

  • Aliko Dangote Foundation
  • Bill and Melinda Gates Foundation
  • Bloomberg LP
  • Bloomberg Philanthropies
  • Iger Bay Foundation
  • Bono
  • Cargill
  • Cary and Katya Pinkowski
  • Cindy and Ryan Beedie
  • David Geffen Foundation
  • Eleanor Crook Foundation
  • Elvia Arguelles Trust
  • Ford Foundation
  • Ann and John Doerr
  • Ann and Joshua Bolten
  • Hobson/Lucas Family Foundation
  • Dr. Mo Ibrahim
  • Open Society Foundations
  • The Rockefeller Foundation
  • The Ron Conway Family
  • Sheryl Sandberg & Tom Bernthal
  • Skoll Foundation
  • Sherwood Foundation
  • Tableau Foundation
  • Coca-Cola
  • Theresia Gouw and Matthew McIntyre
  • Tom Freston

The ONE Campaign is financed, in part, by the Gates Foundation and the Rockefeller Foundation. This is important because of other parts of Bill C-293.

2(i) identify preparedness strategies for public health services across Canada including in respect of
.
(i) the protection of vulnerable and marginalized populations,
(ii) working conditions of essential workers across all sectors,
(iii) the availability and management of relevant stockpiles, including testing equipment and personal protective equipment,
(iv) the surge capacity of human resources required for the testing and contact tracing of persons exposed to infectious diseases, and
(v) communication of risk to the public;

Both Gates and Rockefeller are heavily involved in the pharmaceutical industry. It stands to reason that these organizations would support legislation that sees more taxpayer money diverted to finance production. This site has extensively covered the lobbying connections with GAVI, Zakery Blais, Ashton Arsenault and Cameron Doherty.

Calling Lauren Chen A “Traitor” For Taking Russian Money

November 5th, 2024, Erskine-Smith trolled Lauren Chen (a.k.a. “Roaming Millennial”) for her being paid to push Russian propaganda. It’s at 11:46 in the video. He asked what would you call someone who takes outside money to push foreign interests.

By his own logic, Erskine-Smith could be viewed as a traitor for promoting legislation that subverts Canadian interests, on behalf of outside ones.

But this is what happens when lobbying is so prevalent. It’s never clear who actually writes what, and whose money made that happen.

In his online profile, Daniel Kelter claims that he “briefed [Erskine-Smith] on policy issues, including debates in front of the house, proposed legislation, and committee reports/issues”. This wouldn’t be nearly as concerning without all the lobbyist connections. It’s not a stretch to think that he’s been involved in drafting legislation as well.

So then, who wrote Bill C-293?

Was it Daniel Kelter? Teodora Durca? Bill Gates? Or some other handler?

BILL C-293:
(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

OTHER:
(1) https://www.ourcommons.ca/Members/en/nathaniel-erskine-smith(88687)/motions/11522893

LOBBYING INTERESTS:
(1) https://www.linkedin.com/in/dkelter/
(2) https://archive.is/THvzu
(3) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch
(4) https://carbonremoval.ca/
(5) https://carbonremoval.ca/faqs/
(6) https://carbonremoval.ca/team/
(7) https://www.linkedin.com/in/teodoradurca/
(8) https://www.sussex-strategy.com/people/teodora-durca
(9) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch?searchCommand=navigate&time=1733004385111
(10) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=539796
(11) https://www.linkedin.com/in/elise-legault-58a81132/details/experience/
(12) https://www.one.org/ca/one-global-canada/
(13)https://www.one.org/ca/about/financials/
(14) https://apps.irs.gov/app/eos/
(15) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=12884001
(16) https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2

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”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(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 C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill C-390: Expanding Euthanasia Into PROVINCIAL Frameworks
(17) Bills C-398/C-399: Homeless Encampments, Immigration “Equity”
(18) Bill C-413: Prison Time Proposed For Residential School “Denialism”
(19) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(20) Bill S-243: Climate Related Finance Act, Banking Acts
(21) Bill S-248: Removing Final Consent For Euthanasia
(22) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(23) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act