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Diagolon Gun Grab, Part 1: The Schill Decision

A few months ago, an Ontario Court Judge suspended the firearms permit of a man deemed to be a threat to the public. This came despite him being convicted of no crime. Gary Schill is prohibited from owning any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance for 5 years.

The reasoning of Justice Robinson rested largely — though not entirely — on his association with the “meme” group Diagolon, and its leader, Jeremy MacKenzie. The testimony itself as available in the transcripts linked below.

As an aside, yes, his name is misspelled throughout the ruling.

Part 2 of the series will focus on the testimony that was used.

For some background, Schill was arrested back in April 2022, along with his then-wife, Jennifer McNeil. Both faced domestic violence charges, but with his being the more serious. Charges against them were eventually dropped.

McNeil told the police that Schill: (a) was a member of Diagolon; (b) was a stream moderator; and (c) was recruiting ex-military members for the purpose of building a militia.

Following this, York Regional Police went to the Court for the purpose of pre-emptively getting a firearms prohibition against Schill. This came despite the fact that the charge against him had been dropped.

It’s worth noting that it’s not alleged that Schill ever engaged in any terrorist behaviour, or committed any ideologically motivated violence. However, the Judge thought that there were valid concerns that he might endanger the public.

This will probably come as a surprise to Diagolon supporters, who seem to be under the mistaken belief that the group was supposedly cleared with the “HateGate” revelations. Diagolon, after all, was based on a joke of a new country made up of the “sane” Provinces and States, going from Alaska to Florida.

But no such exoneration ever happened.

Paul S. Rouleau, head of Public Emergency Order Commission (PEOC) made it clear he views the group as a militia-like network. Members of CSIS, the RCMP and OPP all testified about their concerns.

There’s also the false claim going around that panic over this “meme country” was responsible for having the state of emergency declared in the first place. That also isn’t true. While MacKenzie and Diagolon were cited as concerns, there was a lot more going on.

Anyhow, more on that in a later piece. As for Schill:

[5] The entirety of the Crown’s case came through the evidence of D.C. Carmichael, a police officer with York Regional Police’s Tactical Intelligence Unit, a unit tasked with investigating terrorism, extremism and subversive groups.

Diagolon, Jeremy McKenzie and Mr. Schill.
[6] In August 2021, the police received a complaint from a member of the public regarding a police officer who was publicly associated with Jeremy McKenzie, a well-known extremist.

[7] Initially, D.C. Carmichael was tasked with conducting a surface level assessment of Mr. McKenzie. He quickly learned that Mr. McKenzie was a prominent podcaster under the name “Raging Dissident” with a large following. His views were vehemently anti-government and anti-authority. Mr. McKenzie was the founder and face of an organization named Diagolon.

[8] D.C. Carmichael identified two Diagolon-related Telegram channels in York region. One was entitled the “North of 7 Community Safe Zone for C-19 Bigots”. The other was “York Region Bigots”, which later became “York Region Purebloods.” D.C. Carmichael was able to join the channels and monitor their activity for approximately two years.

[9] The two York region channels directly referenced Diagolon. Whenever Jeremy McKenzie posted anything or released a podcast, its contents would be shared immediately on the York-region Telegram channels.

[10] The content of the channels was anti-vaccine, anti-government, white nationalist and white supremacy rhetoric. It involved conspiracy theory discussions and talk about assembly a militia by acquiring weaponry and body armour and planning meet-ups.

[11] D.C. Carmichael identified Mr. Schill early on as an active member on the Telegram channels. Unlike others who hid behind aliases, Mr. Schill identified himself by his real name and real photograph.

[12] Mr. McKenzie, the founder of Diagolon, actively promoted “Day of the Rope”, a book about a white supremacist revolution that was based on “The Turner Diaries”, a 1978 neo-nazi novel. The books, described by D.C. Carmichael as the bible of white nationalism, recount a race war that evolves into genocide in which all non-whites, Jews and “race traitors” are lynched.

[13] D.C. Carmichael observed nazi imagery on many of the profile pictures of Diagolon members on Telegram. Their discussions included coordinating meet-ups to engage in shooting and combat-training.

[14] A photograph of one such meet-up [exhibit 1] shows a gathering of 14 individuals performing a Diagolon “salute”. Mr. Schill can be seen saluting under a large Diagolon flag.

[15] As of 28 March 2024, D.C. Carmichael was able to determine through a social media query that Mr. Schill was still following Jeremy McKenzie on Instagram.

[16] There was also evidence that Mr. Schill was in communication with Paolo Scarpelli, a close associate of Jeremy McKenzie’s, to organize Diagolon dinner parties at Mr. Schill’s residence.

Conversations from Telegram were entered into evidence to try to demonstrate that these were not just words, but that Schill (and others) intended to meet up.

According to D.C. Ernest Carmichael, he had been monitoring various Telegram chats for approximately 2 years. This wasn’t anonymous gossip from the Canadian Antihate Network. It was the police actively monitoring group chats. These were used as exhibits.

Not only are the police watching the postings, but they’re checking to see who’s following who. It’s one way to build a “network of association”.

Telegram Chats Going Into Evidence

Posting pictures of guns, ammunition or body armour with the caption “let’s meet up” is a pretty idiotic thing to do. Considering the various topics that are discussed, it’s hard to imagine that it wouldn’t be used to try to incriminate people.

Asking to “take everything to DMs” or direct messages was used by the police to imply that this was intended for illegal purposes. Now, it may all have been perfectly legal and legitimate, but it was used as evidence that it wasn’t.

It’s quite stunning what people post. And the police were able to record everything, without ever needing a warrant.

The Judge also referenced the Coutts blockade, and the arrest of Chris Lysak, whom had been referred to as the “head of security of Diagolon”.

Publishing Evidence On MacKenzie’s Substack

[27] Shortly after Mr. Schill received his disclosure on the domestic charges, excerpts from it were posted on Jeremy McKenzie’s blog on Substack, an online platform.

This is mind-bogglingly stupid. Schill, at the time, was facing a charge of assault causing bodily harm. If the Crown had proceeded by indictment (the more serious option) a conviction even for a first offence would have been serious. It would mean a mandatory 10 year ban on all non-restricted weapons, and a lifetime ban on any restricted or prohibited weapons.

This is, of course, in addition to any jail time, probation or fine that was handed down.

Sharing with someone privately is one thing. But what would cause a person to think that publishing evidence in an open criminal case (with violence alleged) was a good idea?

Quoting The PEOC Report

Report of the Public Inquiry into the 2022 Public Order Emergency
[39] In February 2023, a report was released by the Honourable Paul S. Rouleau, Commissioner of a public Inquiry into the declaration of a Public Order Emergency issued by the federal government in 2022.

[40] The Report noted that “[l]aw enforcement and intelligence agencies view Diagolon as a militia-like extremist organization.”

[41] The Report further found that:
Diagolon may have started as a joke on Mr. McKenzie’s podcast, but it has grown into a larger community. The Royal Canadian Mounted Police (RCMP) has described Diagolon as a militia-like network with members who are armed and prepared for violence. In his testimony, the head of the Ontario Provincial Police (OPP) Intelligence Bureau described Diagolon as an extremist group… I am satisfied that law enforcement’s concern about Diagolon is genuine and well founded. The fact that a ballistic vest that was seized by the RCMP during the protests in Coutts – along with numerous guns – bore a Diagolon patch suggests as much.

[42] Notwithstanding the findings of the Commission, Mr. Foy points out that Diagolon is not currently listed as a terrorist entity on Public Safety Canada’s list of domestic terrorist groups.

Worth noting: Diagolon is not currently listed as a terrorist group.

Now, one could argue that it was unfair to have the PEOC Report used as a foundation for Justice Robinson here. Sure, it could be viewed as guilt by association. That being said, PEOC was used as a basis to pull Schill’s gun licence.

Assessment Of Risk Of Diagolon, Schill, MacKenzie

[64] The views of Jeremy McKenzie and his creation, Diagolon, can properly be described as anti-government and anti-authority, promoting the assembly of a militia to overthrow or, at the very least, actively resist the government.

[65] Mr. Pearson invites me to make a finding that Diagolon is a “terrorist group” as defined in s.83.01 C.C.. It is unnecessary for me to do so.

[66] Rather, it is sufficient – and permissible – for me to rely on the Commission Report’s findings that Diagolon is a militia-like extremist organization consisting of members who are armed and prepared for violence. I concur with the Commission’s finding that law enforcement’s concern about Diagolon is genuine and well-founded.

[67] Apart from the Commission’s findings, the evidence before me reasonably supports a valid public safety concern about the activities and members of Diagolon.

[68] Viewed cumulatively, there is cogent evidence that situates Mr. Schill in the inner ideological circle of Diagolon and close to its founder, Jeremy McKenzie. There is also cogent evidence of Mr. Schill’s intention to engage in the type of illegal activity espoused by Diagolon. For example:

(a) Mr. Schill’s devices show direct communication between him and Mr. McKenzie;

(b) Mr. Schill remains a follower of Mr. McKenzie on Instagram;

(c) Mr. Schill was an active participant on Telegram’s Diagolon channels based in York Region;

(d) Mr. Schill was observed in attendance at a Diagolon meet-up, where he was photographed giving the Diagolon salute under the Diagolon flag;

(e) Mr. Schill was actively engaged in organizing Diagolon meetings with Paolo Scarpelli, a close associate of Jeremy McKenzie;

(f) Mr. Schill’s wife provided evidence that he was attempting to recruit ex-military members to build a militia;

(g) Mr. Schill’s Telegram posts can reasonably be interpreted as an attempt to organize tactical shooting and combat training outings;

(h) Mr. Schill’s posts about attempting to acquire Level IV body armour and his desire to be “protected against mil spec” suggests active resistance against the government and not merely protection;

(i) Mr. Schill’s use of guarded language (e.g. “catch my drift” ) seems to confirm the illegal objective of the posts;

(j) Mr. Schill’s post about the House of Commons is clearly a reference to burning down Parliament;

(k) Mr. Schill was part of the inner circle Diagolon meeting on the outskirts of Ottawa during the Freedom Convoy;

(l)At the meeting, in which Jeremy McKenzie personally acknowledged and thanked Mr. Schill, Mr. McKenzie’s parting words were “there will not be any fucking surrendering as long as I am around;”

(m) Mr. Schill’s garage contained a re-load station in which he stored “huge amounts” of ammunition, not all of which was compatible with his lawfully-owned firearms; and

(n) In that same re-load station, Mr. Schill had a hand-drawn sketch of what can only be interpreted as a plan to engage in criminal activity at a closed gas station.

This was enough for Justice Robinson to conclude that a 5 year prohibition from weapons was warranted. For all the cries about this group just being a podcast community and “based on a meme”, these conversations and meets were used as evidence.

This ruling came from an Ontario Judge, not some nobody. Now, it’s precedent, and will almost certainly be cited in future cases.

Diagolon and MacKenzie weren’t cleared by the PEOC report. Rouleau made it clear that the thought the group was dangerous.

They weren’t cleared by the Mosley ruling either. That was the January 2024 verdict in Federal Court that it was unreasonable to invoke the Emergencies Act. There was just passing mention of them at all.

Defenders have claimed that there was no evidence of wrongdoing, and that there was a heavy reliance on groups like the Canadian Antihate Network. This was supposed to be some major intelligence failure. But Carmichael testified that he personally had been monitoring the chats for 2 years. The transcripts are available, and are also worth a read.

Now, a person has had his firearms rights suspended — despite not being convicted of a crime — due in large part to his connection to this “meme” group.

Could the police be lying or exaggerating in order to punish someone they ideologically disagree with? Sure, it’s possible. Nonetheless they were successful at getting the licence taken away. Please read the decision in full.

Guess that wasn’t something to brag about on the “Road Rage Terror Tour”.

More on PEOC and Mosley coming in subsequent posts.

Now, the ruling does look really, REALLY bad, but what was actually said at the hearing? The transcripts are available, so Carmichael’s testimony can be looked at. And interestingly, it comes across as a lot more speculative than what the Judge wrote. Stay tuned.

SCHILL HEARING:
(1) https://www.canlii.org/en/on/oncj/doc/2024/2024oncj249/2024oncj249.html
(2) Evidence Of Officer Ernest Carmichael, Day 1
(3) Evidence Of Officer Ernest Carmichael, Day 2, Cross Examination

PEOC HEARINGS:
(1) https://publicorderemergencycommission.ca/
(2) PEOC Report, Volume 1: Overview
(3) Public Order Emergency Report Volume 1 Overview
(4) PEOC Report, Volume 2: Analysis (Part 1)
(5) Public Order Emergency Report Volume 2 Analysis Part 1
(6) PEOC Report, Volume 3: Analysis (Part 2)
(7) Public Order Emergency Report Volume 3 Analysis Part 2 Recommendations
(8) PEOC Report, Volume 4: Process and Appendices
(9) Public Order Emergency Report Volume 4 Process And Appendices
(10) PEOC Report, Part 5: Policy Papers
(11) Public Order Emergency Report Volume 5 Policy Papers

MOSLEY DECISION:
(1) https://www.canlii.org/en/ca/fct/doc/2024/2024fc42/2024fc42.html#par41

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18 Reasons Massive Healthcare Workers Claim Is Defective

Here we go again.

On August 18th, 2024, a Motion for Summary Judgement will be heard in the Civil Branch of the Ontario Superior Court in Toronto. This was over injection mandates dating back to 2021. Approximately 300 healthcare workers — working in many different settings — will see if their case is thrown out.

The original Claim was filed in 2022, and an amended one in 2023.

The main reason for this Motion is that the vast majority of Plaintiffs are likely ineligible to sue. Being part of a union typically means that there’s no right to go to Court. Collective agreements usually have a grievance process that ends with arbitration, but doesn’t allow for litigation.

Beyond that, the Statement of Claim is so poorly and incoherently written that it’s likely to be struck anyway. It doesn’t plead any of the necessary information required, and most of what it does include is irrelevant. It appears to have been written by someone with no understanding at all of Civil Procedure.

All that’s missing is a tirade about Bill Gates and microchipping.

This isn’t Vaccine Choice Canada or Action4Canada or Take Action Canada. Nor is it the mess, Adelberg. This is yet another “bad beyond argument” pleading. The main defects are:

  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

This is just a brief critique, but let’s get into it.

1. Failure To Establish Jurisdiction Of The Court

RULE 21 DETERMINATION OF AN ISSUE BEFORE TRIAL
Where Available
To Any Party on a Question of Law
21.01
To Defendant
(3) A defendant may move before a judge to have an action stayed or dismissed on the ground that,
.
Jurisdiction
(a) the court has no jurisdiction over the subject matter of the action;

Rule 21.01(3)(a) of Civil Procedure states that a Defendant may move to to have a case stayed or dismissed if there’s no jurisdiction. Why does that matter here? Because the bulk of the Plaintiffs here are from unionized workplaces. Union workers are typically governed by a collective bargaining agreement, and it usually mandates arbitration as a means of settling disputes.

Plenty of cases have already been thrown out for this.

To even (theoretically) overcome this burden, Plaintiffs would have to plead details about what steps they took to resolve this internally. They would have to demonstrate that the process was corrupt or unworkable.

2. Failure To Seek Relief Within Jurisdiction Of The Court

The Relief sought section is downright goofy, and it’s startling to see that an experienced lawyer is including content such as this. It would be bad enough to see an articling student draft such garbage. And it’s not the first time.

  • Allegations of criminal conduct
  • Allegations of crimes against humanity
  • Allegations of eugenics (which would be criminal)
  • Allegations of violations of Nuremberg Code
  • Allegations of violations of the Helsinki Declaration

Both the Action4Canada and Adelberg (Federal) cases were struck — in part — because they demanded remedies that a Civil Court had no jurisdiction over. Despite being criticized by multiple Courts over this, the same allegations appear here. Mostly likely, this is because this lawyer uses a template and simply cut and pastes from one case to the next.

3. Failure To Plead Concise Set Of Material Facts

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.

In every jurisdiction, Plaintiffs are required to plead the facts. This refers to the: who, what, where, when, and how that things occurred. It is describing a series of events in enough detail that the opposing side — and the Judge — can understand what’s going on.

But that hasn’t happened here. Not a single Plaintiff is described with any detail. Only 8 are even identified in the Claim.

They objected to the injections? What was each one’s specific one?
Who was fired, and who was simply suspended?
Who was required to take the shots, and who was allowed to take the testing?
All Plaintiffs were ineligible for EI? Who applied for it?

None of this is described, nor is the conduct of any Defendant. There are no facts pleaded at all which could possibly be responded to.

4. Failure To Keep Evidence Out Of Claim

The other part of Rule 25.06(1) is that evidence shouldn’t be in a Statement of Claim. The facts are. The facts are simply the sequence of events that each Plaintiff can attest to.

All of the “facts” about the validity of testing and expert views should really be considered expert evidence. That has a place later, but not in the initial pleading.

5. Failure To Remove Argument From Claim

Not only should evidence not be in a Claim, but argument shouldn’t either. The pleading is ripe full of argument, complete with various case citations. However, this is not a Factum, nor a final submission. The original pleading is just supposed to lay out the (alleged) series of events.

How does an experienced lawyer not know this?

6. Failure To Plead Facts To Support Conclusions Of Law

Rules of Pleading — Applicable to all Pleadings
Pleading Law
.
25.06(2) A party may raise any point of law in a pleading, but conclusions of law may be pleaded only if the material facts supporting them are pleaded.

Rule 25.06(2) of Civil Procedure requires that the necessary facts be pleaded in order to support any conclusions of draw that are raised. This makes sense, as there has to be enough meat on the bones to theoretically have the Judge rule favourably. However, there are no facts pleaded about individual Plaintiffs or Defendants, just sweeping declarations without background information.

7. Failure To Give Claim Particulars

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.

Rule 25.06(8) of Civil Procedure states that all pleadings shall have “full particulars”, which is also known as “particularizing a claim”. This is when fraud, misrepresentation, breach of trust, malice or intent is alleged. What this means is that such accusations are made, Plaintiffs have the extra burden to spell out what has happened. All major details must be added.

Quite reasonably, Defendants cannot be left guessing what they have to respond to.

8. Failure To Specify Who Should Pay Damages

Starting on page 33, the money sought is outlined.

  • $50,000 for each Plaintiff for “intimidation”
  • $100,000 for each Plaintiff for “conspiracy”
  • $100,000 for each Plaintiff, by the Government Defendants, for Charter violations
  • $200,000 for each Plaintiff for infliction of mental distress and anguish
  • $100,000 for each Plaintiff for “punitive damages”

This amounts to $550,000 per Plaintiff, but who exactly is supposed to pay it? It’s specified that the Province is to pay for the Charter violations, but that’s it. If money is to be sought, what is the proposed division? Never mind that none of the torts are properly pleaded, or pleaded at all.

9. Failure To Properly Plead S.2 (Fund. Freedoms) Charter Breaches

However, the Claim doesn’t plead any facts (Rule 25.06(1)) or particulars (Rule 25.06(8)) that would support this. The Claim doesn’t describe how any Plaintiff’s rights to freedom of conscience or belief were violated, nor does it specify which grounds apply to which person.

10. Failure To Properly Plead S.6 (Mobility Rights) Charter Breaches

There are a few mentions — although not properly pleaded — that Plaintiffs had their mobility rights infringed. But there isn’t a single instance of this described. Nor would this be relevant since the travel mandates were Federal, and this case is exclusively Provincial. Most likely, it was cut and pasted from the Adelberg case, which is Federal.

11. Failure To Properly Plead S.7 (Security Of Person) Charter Breaches

Similar to the Section 2 breaches, here, there are no facts (Rule 25.06(1)) or particulars (Rule 25.06(8)) pleaded which would support such allegations. Not a single Plaintiff describes their circumstances. Yes, we assume it to be true initially, but there’s nothing to work with.

12. Failure To Properly Plead S.15 (Equality) Charter Breaches

Section 15 of the Charter isn’t the savior that many think it is. Specifically, “equality” is limited to a fairly small number of groups. None of which apply here, as disappointing as that is.

Enumerated grounds, which are explicitly stated in the Charter, include: race, national or ethnic origin, colour, religion, age or sex.

Analogous grounds, which are additional ones the Courts have endorsed, include: sexual orientation, marital status, off-reserve Aboriginal status and income.

Even if remaining injection-free were an enumerated or analogous ground, there are no facts pleaded which would support the Charter violations anyway. Again, not a single Plaintiff’s circumstances are described in any detail.

13. Failure To Properly Plead Tort Of Intimidation

Because this tort would cover “nature of act or condition of mind”, Rule 25.06(8) requires that full particulars be given, in addition to pleading facts that would support it.

Instead, the Statement of Claim simply states the test, then attempts to argue caselaw in support of it. There are no facts or particulars given — even assuming them to be true — that would support this. Argument is not permitted in this document, anyway.

14. Failure To Properly Plead Tort Of Conspiracy

As with the “intimidation” tort, there are no facts (Rule 26.06(1)) or particulars (Rule 25.06(8)) provided that would support the claim. The document simply states the test and tries to argue.

15. Failure To Properly Plead Tort Of Malfeasance Of Public Office

There are broad, sweeping declarations that the Government Defendants have acted in ways which are contrary to holding public office. But without any facts or particulars, this tort will go nowhere.

The tort of “infliction of mental anguish” isn’t pleaded properly either.

16. Failure To State A Cause Of Action

RULE 21 DETERMINATION OF AN ISSUE BEFORE TRIAL
Where Available
To Any Party on a Question of Law
21.01 (1) A party may move before a judge,
.
(a) for the determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial or result in a substantial saving of costs; or
.
(b) to strike out a pleading on the ground that it discloses no reasonable cause of action or defence,

Rule 21.01(1)(b) of Civil Procedure allows Judges to strike a Claim if it discloses no reasonable cause of action. What this means, if there isn’t anything that can realistically be sought, the Court has the power to throw the case out completely, or to allow a rewrite (called granting Leave to Amend).

Here, there are no facts or particulars pleaded to support any of the allegations. The body of the text is argumentative and tries to plead evidence. None of the torts are properly pleaded. A Judge could reasonably conclude that there’s no case to try.

Of course, they tend to allow rewrites, no matter how poorly drafted a case is. Action4Canada was struck with Leave to Amend, which was quite surprising.

17. Failure To Appreciate Statute of Limitations

As many people know, there’s a time limit to file cases. This is commonly referred to as the Statute of Limitations. In Ontario, it’s 2 years for most things, although a number of exceptions exist. See the Ontario Limitations Act.

Even if these Plaintiffs were to hire a competent lawyer (and not withstanding the arbitration requirement), they’d likely be time barred. Since more than 2 years has passed, they wouldn’t be able to include additional claims beyond what’s already there.

18. Claim Just A Duplicate Of Other Cases

A major indicator that clients and donors are being ripped off is that they aren’t getting original work. Instead, it appears that counsel is using a “template” and simply duplicating cases.

Now, if these cases were successful, then it would be a good way to save time and money. But that isn’t at all the situation here.

They all kind of look the same, don’t they?
None of them properly pleaded, and none have ever gone anywhere.

How Many Victims Have Been Ripped Off?

A question that comes up often is how many victims there are of these scam lawsuits. For a partial answer, consider the following:

  • 600 – Adelberg (Federal)
  • 600 – Federal workers vaccine injury (apparently never filed)
  • 300 – Dorceus (this case)
  • 100 – Katanik (Take Action Canada’s “First Responders” suit)

These 4 cases alone amount to over 1,600 litigants who have gotten shoddy and mediocre representation. And all from the same lawyer. If one includes all of the donors, it’s no exaggeration to say that there have been several thousand victims who were taken advantage of.

Keep in mind, many, MANY cases have been filed since 2020.

What’s been disappointing is just how little the “independent” media has been speaking up about this. It’s not enough to simply be against lockdowns. Genuine reporters and journalists should be speaking up on behalf of victims who have been taken advantage of with these shoddy lawsuits. There are thousands of clients and donors whose goodwill and desperation have been exploited. They needed a voice.

Then of course, some asshole tried in June 2022 to bankrupt a former donor who simply wanted her money back. If this isn’t cause for concern, then what is?

True, it’s a little better now, but more should have been expected. While it’s great to support public interest litigation (overall), we shouldn’t lose track of the people who are really impacted by it.

As for Liberty Talk, perhaps the 25% commission in 2020 clouded her judgement.

(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

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Trudeau’s Former Campaign Manager Pushing For Extra TFWs At Tim Hortons

Canadians have wondered how the scale of “temporary” foreign workers has skyrocketed in recent years. Here, we’ll try to answer at least some of it, using an interesting case.

Restaurant Brands International Inc. is a company that boasts of “$40 billion in annual system-wide sales and over 30,000 restaurants in more than 100 countries”. It owns:

  • Tim Hortons
  • Burger King
  • Popeyes
  • Firehouse Subs

Tim Hortons is perhaps the most well known chain, or at least one of them. It’s also where the prevalence of foreign workers is one of the most noticeable. Now, why has this been happening?

It should surprise no one that corporations lobby governments all the time to change laws that suit their needs. This is no different. However, we can at least track official communications, and see what they’ve been talking about.

Louis-Alexandre Lanthier, a consultant with PAA Public Affairs Advisors, is a former campaign manager for Justin Trudeau. Yes, this is the sitting Prime Minister.

In their “services” section, PAA lists the following:

  • Government advisory services – The art of persuading government involves intervening early, helping often, and supporting your arguments with evidence. We work at all levels of the political system, among public servants and with influential stakeholders, to gather intelligence and create a consensus about the best path forward.
  • Corporate communications – We offer the full gamut of corporate communications services from carefully crafted PR programs to print, broadcast and digital ad campaigns and social media. We help our clients communicate both internally and externally. Whatever the medium, we are gifted at the fine art of communication.
  • Media relations – For over a decade, we have been nurturing powerful relationships with journalists and media executives across Canada, so we can help educate various audiences about issues important to our clients. We are experts in everything from writing releases and staging press conferences to amassing earned media and leveraging it on all the requisite social media channels.
  • Crisis communications – How an organization responds to a crisis reveals its character. PAA helps clients navigate difficult situations to help ensure that their reputations emerge not just intact but enhanced. We have expertise handling all manner of crises, including: product recalls; executive departures; site specific incidents; cyber and ransomware attacks; and data breaches.
  • Stakeholder relations – Stakeholder relations are as important as any other. After careful collaboration with our clients, we are adept at handling investor, board, employee and partner relations. Our success in these areas relies on communicating clearly, concisely, and often, and, of course, on listening.

Cute, isn’t it? They “work to create a consensus”, all while “educating various audiences” on important issues. Sure, the information is public, but how many people actually research this sort of thing?

As an aside, this isn’t unique to Liberals. Lobbying firms reach out to politicians of all stripes. What this means is that even when there’s a change in administration, there’s still a lobbyist who can reach out. Voting Conservative won’t save you.

Let’s look at that last part again:

Interestingly, lobbyists also pushed Ottawa for bailout money, such as CEWS, or the Canada Emergency Wage Subsidy. Now, while they get extra tax breaks from Canada, they push for changes to replace them from the workforce.

The Lobbying Registry is a gold mine of information, and it lends real insight as to who is pulling the strings of politicians. There are Provincial ones as well.

So, who is Louis-Alexandre Lanthier?

It’s all available on his LinkedIn page, as well as his PAA profile. Influence peddling has become so prevalent that no one bothers to hide it anymore.

Executive Assistant
Parliament of Canada
Oct 2008 to Mar 2014 · 5 yrs 6 mos
Région de Ottawa, Canada
• Developed a strategy for the candidate to assure a constant presence in Papineau and consulted on a media strategy to ensure a continuing message of momentum resulting in a win on Election Day but also reversing a trend going from a loss by 900 votes in the previous election to a win by 1200 votes in 2008 and a win by 4000 votes in 2011.

• Established an office in Montreal and in Ottawa with five staff to accommodate the demands of our constituents. Imposed a protocol for prioritizing requests and ensure a proper delimitation of responsibilities. And supervised all correspondence.

• Started a volunteers program where dozens of students can contribute their talent to the benefit of the office on weekly bases while getting the formation that they need to find employment in any office.

• Entrusted to handle all media request and public appearance for the representative and made sure that he was well prepared by redacting media lines and speeches; media advisories and press releases costumed for the situation.

• Maintained the MP’s schedule including organising and accompanying him on his tours across the country. Ensuring that events are balanced between the stakeholders of our portfolio, the party and media.

That was from LinkedIn. His work profile states:

Based in PAA’s Ottawa office, Louis-Alexandre brings over 25 years from government and corporate experience to his role as Principal Advisor and Sector Lead, Supply Chain & Transportation, including seven years in the office of Liberal Leader Justin Trudeau.

Previously, Louis-Alexandre led Government Affairs for a large transportation corporation, advising clients representing varied interests in sectors such as information technology, transport, infrastructure, trades, communication, and health. He is part of a small group of people who have more than 20 years of experience on Parliament Hill. He has worked with the public service, politicians, political parties, interest groups and stakeholders on a wide variety of political and policy issues. During his years with Mr. Trudeau — from 2007 to 2014 — he was responsible for the overall management of the Ottawa and Montreal offices, including managing the office budget and staff as well as acting as a media liaison and spokesperson, in both official languages.

Louis-Alexandre and his husband are the proud adoptive parents of a wonderful son. They enjoy the excitement of outdoor activities and all the family amenities that the great city of Ottawa has to offer.

To state the obvious: Tim Hortons and Restaurant Brands International Inc. are hardly the only places to be pushing for the replacement of Canadian workers. It’s happening everywhere. Still, the coziness of politicians and big business are troubling to see.

Stephen Yardy is another RBI consultant. His LinkedIn profile states that he was an NDP campaign organizer from 2008 until 2022. According to the Lobbying Registry, his primary goal appears to be foreign worker permits and immigration issues. In other words, flood Canada with cheaper labour in order to drive down wages and increase profits.

Andrew Teliszewsky is another one with RBI Inc., though his listed areas of concern had to do with income taxation and interest deductibility. His LinkedIn profile states that he held several Government roles in Ontario, including when Dalton McGuinty was Premier.

Éric Lamoureux is yet another one of the lobbyists. But something more interesting about him is his role in lobbying Quebec to lean on Ottawa to cut SNC Lavalin a break over corruption charges. Though he’s apparently no longer with PAA, the archived version is still there.

Based in Montréal, Éric draws on deep expertise in politics and public administration to help clients protect and promote their interests in Canada and Québec. As a specialist in issues management, regulatory affairs, stakeholder relations and media relations, Éric has achieved many notable successes on behalf of his clients, including: helping a global financial services company safeguard its market position in the face of regulatory change; mobilizing the support of a provincial government to pressure for changes to the federal Criminal Code on a client’s behalf; and encourage a major Canadian municipal government to reverse a decision to construct a public building beside a client facility.

It takes a special kind of bold to put in one’s work profile that (one of) their biggest accomplishments was sweet-talking on the Quebec Government into putting pressure on Ottawa over a corporate client facing criminal charges. That client, of course, was SNC Lavalin.

Keep in mind, there are currently programs in place to have taxpayers subsidize the majority of the wages of foreign workers coming to Canada. This means that the public is forced to foot the bill for their own replacement.

In any event, this is nowhere near the complete list of influence peddlers trying to bring in endless amounts of “temporary” workers. But it does go to show just how high up the rot is.

(0) https://www.rbi.com/English/brands/default.aspx

(1A) https://www.linkedin.com/in/louis-alexandre-lanthier-75517b3b/
(1B) Louis-Alexandre Lanthier LinkedIn Profile
(1C) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=370666&regId=951762
(1D) https://paainc.ca/
(1E) https://paainc.ca/team/louis-alexandre-lanthier/

(2A) https://www.linkedin.com/in/stephen-yardy-b0a4a326/
(2B) Stephen Yardy LinkedIn Profile
(2C) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=373452&regId=949610

(3A) https://www.linkedin.com/in/andrew-teliszewsky-3b6b39171/
(3B) Andrew Teliszewsky LinkedIn Profile
(3C) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=375563&regId=950475

(4A) https://www.linkedin.com/in/ericlamoureux/
(4B) Eric Lamoureux LinkedIn Profile
(4C) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=373267&regId=954552
(4D) Wayback Machine Archive
(4E) Eric Lamoureux Public Affairs Advisors

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Defamation Lawsuit Discontinued Against David Fisman

A University of Guelph professor has formally discontinued his action against David Fisman, a so-called “expert” from recent years. The Statement of Claim, filed in late 2022, involved him, the University of Guelph, and several of their staff. This was the result of a lengthy dispute with Byram Bridle, a faculty member there.

The Notice was “with prejudice, on a no-cost basis”. With prejudice means that it can never again be refiled. Apparently, Fisman agreed to waive costs as well.

The Guelph Defendants filed a Statement of Defence, but Fisman didn’t. Instead, his lawyers opted to commence an anti-SLAPP Motion to have the allegations against him thrown out. The scheduled date was November 19th, 2024.

Keep in mind, under Ontario law, cases dismissed under anti-SLAPP laws are typically subject to “full indemnity” cost awards. This means that the Plaintiff(s) who loses will have to pay 100% of the Defendant(s) costs in addition to their own. This is done to deter people from using the legal system as a weapon to silence free speech.

Fisman doesn’t appear to have any real connection to Guelph. The suit against him has to do with some social media postings. There are (of course) allegations of a conspiracy, but none of it is properly pled. This is the sort of thing which led to Kulvinder Gill’s $1.1 million cost award nearly 2 years ago.

Back on February 28th, 2024, there was a case conference. The Guelph Defendants also commenced an anti-SLAPP Motion of their own.

At that point, Bridle was facing 2 anti-SLAPP Motions, both presumably with full-indemnity cost awards. His solution was to arrange to have one of them dropped.

True, a case is normally “stayed” (or frozen) once this is initiated, but it doesn’t prevent the parties from consenting to discontinue the matter.

While Fisman is no longer a party to this case, Guelph’s Motion is still set to be heard in 2025. Even if the Judge rules that anti-SLAPP laws (s.137.1 of Courts of Justice Act) don’t apply, it’s likely to be dismissed anyway. The reason: Bridle is a faculty member at the school. UGuelph employees are bound by a collective bargaining agreement. In particular, Article 40 outlines that arbitration — not litigation — is the expected path. See earlier review of this case. At its core, the allegations against the university itself (and its staff) amount to a workplace dispute.

Bridle dodged one bullet by dropping his case against Fisman. It remains to be seen if he’ll come to his senses regarding the University of Guelph.

(1) https://www.ontario.ca/page/search-court-cases-online
(2) Byram Bridle Statement Of Claim
(3) Byram Bridle Statement Of Defence
(4) Byram Bridle Notice Of Discontinuance Fisman
(5) https://www.uoguelph.ca/facultyrelations/collective-agreements
(6) University Of Guelph, Text Of Collective Bargaining Agreement
(7) https://canucklaw.ca/byram-bridle-lawsuit-unlikely-to-ever-get-anywhere/
(8) https://canucklaw.ca/second-anti-slapp-motion-commenced/

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End Of An Era: Vaccine Choice Canada Discontinuing Anti-Lockdown Case

Does anyone remember the hype in alternative media circles about Vaccine Choice Canada taking on Justin Trudeau and Doug Ford over martial law measures? It seemed to be the beginning of something grand. This would be the big case to stop the New World Order.

But in the end, nothing ever came of it. The case sat idly for years, even as more donations were solicited. The quality of the pleadings themselves was very questionable. There weren’t even service addresses for most Defendants, despite them being freely available. No attempt was made to push the case forward, or to obtain Default Judgement. Critics who publicly asked questions were threatened, and some sued.

Now, the other shoe drops. The case is being discontinued, and will never make it to Trial. Heck, it won’t even make it to the scheduled Motion to Strike.

The litigants themselves will never see their day in Court. Given the 2 year Statute of Limitations, they probably don’t have recourse with another lawyer. Donors who paid money in good faith were ripped off.

How long before the many interviews from the Summer of 2020 get scrubbed from the internet?

Thanks for the money, suckers!

Vaccine Choice Canada’s Email To Supporters

Dear Vaccine Choice Canada Community and Donors,

After much consultation and deliberation the Board of Directors of Vaccine Choice Canada have decided to file a ‘Notice of Discontinuance’ with regards to the legal action filed on July 6, 2020 (Court File No. CV-20-00643451-0000). Discontinuance means that a party, for its own reasons, has chosen not to continue the litigation. The decision to discontinue does not take away from the importance or merit of the case.

It is the position of the Board of Directors of Vaccine Choice Canada that to continue this legal matter at this time is not advisable. Our confidence in the independence and integrity of our Courts, and their willingness to properly consider the available facts and scientific evidence has been seriously eroded, past repair or hope. We are of the opinion that to participate in a fraudulent and illegitimate process is to give legitimacy to that process. 

Our decision is based on the following considerations:

1. The Courts have clearly demonstrated their unwillingness to properly consider the facts as they relate to COVID-19, the evidence and lack thereof of a pandemic; the extent of harm caused by the so called “vaccine”; the extent of harm caused by measures and mandates imposed by governments including masking, social distancing, lockdowns, injection of a genetic material; lack of proper safety testing; the violation of our Charter Rights and Freedoms, and other matters related to the government’s response to the COVID-19 event.

2. The Courts have clearly demonstrated their unwillingness to consider expert testimony that challenges the claims of Health Canada, the CDC, and statements made by various government officials, officers and agencies.

3. The Courts have clearly demonstrated a deference, not to facts, the scientific method, and scientific evidence, but rather to government authorities, regardless of the inability of such authorities to justify their measures and mandates.

4. The Courts have utilized “judicial notice”, “mootness”, and “motion to strike” as instruments to deny full debate and disclosure of the available evidence.

5. The Courts have clearly demonstrated that they are not impartial with regards to the matter of the appropriate response to COVID, as is evidenced by their requirement that those attending court be compelled to wear a face covering, despite compelling evidence of the ineffectiveness of coverings in preventing transmission, and the harm from prolonged use of face coverings. 

6. The Courts have clearly demonstrated that they are not impartial with regards to the matter of COVID and the appropriate response to COVID, as is evidenced by the Supreme Court judges publicly declaring their compliance with vaccine mandates that violate bodily sovereignty and informed consent.

7. The Courts have clearly demonstrated that they are not impartial with regards to the matter of COVID and the appropriate response to COVID, as is evidenced by the Supreme Court refusing to consider the appeal of lower court decisions that violate our fundamental rights and freedoms. 

8. Our Courts are no longer committed to “justice” as understood by Canadians. Rather, our Courts have become politicized such that they serve those in power rather than justice. Our Courts have become instruments of control and coercion rather than safeguards to ensure the upholding of the rule of law and our Charter rights and freedoms. 

9. We are also fully aware that the Courts have used the legal process to delay, defer and unnecessarily increase the cost of seeking justice. We are fully aware of the punitive costs awarded to those seeking justice which punishes those seeking justice and discourages future efforts to seek justice.

10. Our Courts have failed to uphold the Charter of Rights and Freedoms, despite it being the highest law of the land. They have refused to demand that governments “demonstrably justify” their clear and undisputed violations of our Charter rights and freedoms as required under Section 1. 

Given our current lack of confidence in the independence and commitment of the Courts to justice and to protecting our rights and freedoms as guaranteed under the Canadian Charter of Rights and Freedoms, we are of the opinion that to proceed under these circumstances would cause more harm than good, jeopardize future legal action by adding to defective case law, and further erode confidence in the integrity of our judicial system and government agents. (A brief summary of the failure of the Canadians courts to uphold our Charter rights and established rule of law is available here:

https://childrenshealthdefense.ca/news/are-courts-failing-to-protect-medical-freedom-for-children-and-youth)

We are also of the opinion that given the number of defendants included in this action, in the event of an unjust ruling where the plaintiffs are ordered to pay costs, this could present a significant financial burden. The awarding of punitive court costs would undoubtedly impair the ability of VCC to serve our mission with respect to defending informed consent, bodily sovereignty, and the right, responsibility and authority of parents to protect their children from harm.

In initiating this legal action, the first of its kind in Canada, we consciously and intentionally drafted, with the guidance of our legal counsel, an unusually detailed Statement of Claim to ensure that those involved in this well planned and globally orchestrated event were named, and their actions exposed. By this measure, we believe we have achieved our purpose and brought awareness to a global conspiracy that is undeniable in the harm it has caused. For those who may not be aware of what we exposed in July 2020, the Statement of Claim can be viewed here:

https://www.constitutionalrightscentre.ca/20CRC16/wp-content/uploads/2020/09/vcc-statement-of-claim-2020-redacted.pdf

We are confident that were the available facts to be properly considered, and the laws of Canada and the Charter of Rights and Freedoms upheld, that our proceeding would have been successful. The failure of our law enforcement and Canadian judicial systems to properly respond to the harms caused by government measures and mandates, including permanent injury and death, and to the violation of fundamental rights and freedoms is deeply disturbing and reveals a significant betrayal that needs to be rectified if justice is to be served in Canada.

Vaccine Choice Canada will continue to inform and defend our right to informed consent, bodily sovereignty, and the right and responsibility of parents to make medical decisions for their children. Forced and coerced vaccination, and other purported medical treatments, have no place in an ethical medical system, and a free and democratic Nation. Given the present threats to our fundamental and inherent rights and freedoms, the work of Vaccine Choice Canada was never more important.

We know that justice will eventually be served, however, it would appear that this is not the time.

Sincerely,

Ted Kuntz, President
Board of Directors Vaccine Choice Canada
VaccineChoiceCanada.com

June 13, 2024

That appears to be it. 4 years later, Vaccine Choice is dropping their case, after making no effort whatsoever to push it through the Courts. Donors should be receiving refunds, at a bare minimum.

Vaccine Choice Lawsuit A Giant Bait-And-Switch

Re-read this passage from Kuntz’ email.

In initiating this legal action, the first of its kind in Canada, we consciously and intentionally drafted, with the guidance of our legal counsel, an unusually detailed Statement of Claim to ensure that those involved in this well planned and globally orchestrated event were named, and their actions exposed. By this measure, we believe we have achieved our purpose and brought awareness to a global conspiracy that is undeniable in the harm it has caused. For those who may not be aware of what we exposed in July 2020, the Statement of Claim can be viewed here:

Kuntz states that the Statement of Claim was written to “ensure that [people] were named, and their actions exposed”. He states that “we believe we have achieved our purpose”.

Why does this matter? Because he doesn’t say that going to Trial and having the Court hold people accountable would have achieved the purpose. In other words, this was for publicity. It was never about getting any sort of a ruling or decision.

Consider this quote from a July 13, 2022 livestream. Fuller video here.

“Most people measure the effectiveness of a Court submission based upon what a Judge decides. And what you’ve helped us to understand is that there’s more to educating the impact of your legal proceeding than simply what happens within the Court. It’s also how the Defendants respond, and how the public responds…. We brought awareness to a dynamic that had been hidden from the public. And I would suggest that maybe, this was the most important impact we’ve had to date.”

It’s actually illegal to commence proceedings like this. You can’t sue somebody to “make a point”, or to “fire a shot across the bow”, or any similar justification. The Courts refer to this sort of thing as bringing a suit “for improper purposes”. The only permitted reason is that the Plaintiff(s) believes that he or she has a strong case.

Does this sort of thing happen? Yes it does. But few are retarded enough to openly admit it on a public livestream. Anyone can be listening in. This alone would be grounds to throw the case out.

So, What Happened Over The Course Of 4 Years?

July 6th, 2020: Vaccine Choice Canada files a 191 page Statement of Claim in Ontario Superior Court in Toronto. In addition to its length, the Claim was incoherent, and failed to follow even the basics of Civil Procedure.

Summer 2020: There was a media blitz online soliciting donations for this lawsuit. It was supposed to be the great challenge to medical martial law in Canada. However, no one seems to be asking the important questions, such as what activity is going on.

September 2020: Counsel for Vaccine Choice Canada tells Rebel Media that he will do everything he can to ensure an Application for a mask injunction is heard before Christmas (2020). However, that never happens. To be clear, no Application is ever filed with the Court. It simply does not exist.

In fact, no activity whatsoever will happen with this case for a long time to come. But what does happen is lawfare directed against critics and ideological opponents.

December 2020: 23 people and organizations are sued for defamation by Kulvinder Gill and Ashvinder Lamba, primarily over Twitter comments. It would be thrown out under anti-SLAPP laws.

January 2021: CSASPP, the Canadian Society for the Advancement of Science in Public Policy, is threatened with a defamation suit for an email to Dan Dicks (Press For Truth) from their Treasurer. The email tries to redirect attention and money to their case, and calls into question the abilities of counsel for Action4Canada and Vaccine Choice.

March 2021: Kulvinder Gill files another defamation lawsuit, this time against Amir Attaran and the University of Ottawa. She demands $7,000,000 because he called her an “idiot” online. An anti-SLAPP Motion will be heard later this year.

Ted Kuntz later admitted that Vaccine Choice financed (or at a minimum, coordinated) the Gill defamation cases. See paragraph 20 in the main text, and Exhibit “C”, starting on page 20.

From that, it’s reasonable to suspect VCC funded other defamation lawsuits.

September 2021: This website is sued in large part for publicly questioning the horrible quality of the VCC and A4C pleadings, and for pointing out the lack of progress in any of these cases. Currently, there’s an open anti-SLAPP Motion pending.

June 2022: CSASPP is sued for the email mentioned above, and an FAQ that’s critical (in part) of the VCC case. The suit also goes after a woman named Donna Toews. She dared to contact the Law Society of Ontario, LSO, asking about money she had donated to Vaccine Choice and Action4Canada. It was thrown out under anti-SLAPP laws.

July 2022: The Law Society of Ontario (LSO) is sued for $500,000. The primary motivation appears to be an attempt to derail the complaint from Donna Toews, and to make sure it cannot be investigated. It was struck for failing to state a Cause of Action (a grievance the Court can theoretically remedy), and the incoherent pleadings.

Note: The LSO would be sued again in 2023, a virtual clone of the last one. The probable reason was to keep the Court activity going, in order to sabotage their investigative abilities.

July 2022: A Notice of Discontinuance is filed regarding the CBC, which removes them as a Defendant. Previously, the organization had threatened to file an anti-SLAPP Motion if the case against them wasn’t dropped. See cover letter.

August, 2022: A single Statement of Defence is filed, more than 2 years after the Claim is originally brought. It suggests a Motion to Strike will be coming.

December 2022: Lawsuit from Byram Bridle filed against the University of Guelph, employees, and non-employees. Currently on hold while 2 separate anti-SLAPP Motions are pending.

***You’ll notice in this list so far that there’s no mention of Court activity, such as motions, hearings, witnesses testifying, or evidence being sworn. That’s because none ever took place. This case is a “paper challenge”, not going anywhere.***

January 2023: Vaccine Choice Canada had its first Court appearance. Yes, that is the correct date. It took 2 1/2 years for even this. And it was just a CPC (Civil Practice Court) session. Simply put, these are 5-10 minute hearings with a fairly full docket. What happened was that dates were set down for the Defendants to bring Motions to strike (throw out) the case.

  • June 30th, 2023 – Moving Party Motion Record
  • July 28th, 2023 – Responding Motion Record
  • October 31th, 2023 – Cross Examinations (if Affidavits submitted)
  • November 17th, 2023 – Moving Party Factum (arguments)
  • December 8th, 2023 – Responding Factum
  • December 22nd, 2023 – Reply Factum
  • January 30th, February 1st, 2024 – 2 day Hearing

March 2023: For his work creating the article and video called “Nothing Burger Lawsuits”, Rick Thomas is threatened with a lawsuit. None have been filed yet, but anti-SLAPP laws exist for a reason.

January 2024: The hearing briefly starts, headed by Justice Dow. However, he immediately recuses himself and adjourns the case. The reason being that he’s a former co-worker and personal friend of Health Minister Christine Elliott. This conflict of interest makes him unavailable to adjudicate the Motion. The hearing is rebooked — with a new Judge — for May 1st and 2nd of 2025.

February 2024: Ted Kuntz (VCC) and Tanya Gaw (A4C) host a livestream to “expose” people they call “paid agitators”. Basically, it’s just a hit piece on their critics.

June 2024: Vaccine Choice Canada announces that they’re dropping the case.

So much for being the ground-breaking challenge.

What About VCC’s 2019 Challenge For Vaxxing Students?

Few will remember this, but Vaccine Choice filed a challenge in October 2019 against Ontario’s policy of immunizing children as a requirement of attending class. In over 4 1/2 years, that case hasn’t gone past the pleadings.

Keep in mind — and this is written into the Statement of Claim forms — that a case will be dismissed for delay if it’s not resolved or set down for Trial within 5 years. Sure, it can be extended, but the Court will need to be convinced that there’s activity.

Should donors expect a refund for this case?

What About Those Thousands Of Pages Of Expert Evidence?

Once of the mantras endlessly repeated is that counsel for Vaccine Choice and Action4Canada has the best evidence from the top experts in the world.

We’ve all seen pictures or videos where all these expert reports are bandied about, attached as Affidavit evidence. Supposedly, it amounts to tens of thousands of pages. Problem is, they’ve never been filed in any Court. Any if these reports do exist, why delay cases with convoluted pleadings?

It seems more likely no such Affidavits exist, and that these are just images of stacks of blank paper. Or, they could just be random items printed from the internet. One explanation might be that it’s to divert attention from the lack of activity in the Courts. This would be done for the purpose of duping and deceiving donors and potential donors.

Why spend (presumably) hundreds of thousands of dollars, or millions, on expert reports if there was never any intention to push the case forward?

It these thousands of pages of expert reports do exist, which seems unlikely, then a competent lawyer should have been responsible for drafting the pleadings.

Growing List Of Anti-Lockdown Cases Not Pursued

The Vaccine Choice cases don’t exist in isolation. Consider these:

  • Struck as “bad beyond argument” – Action4Canada (August 2021)
  • Upheld as “bad beyond argument” – Action4Canada (by B.C. Court of Appeal)
  • Struck as “bad beyond argument” – Adelberg, Federal injection pass case (May 2022)
  • Upheld as “bad beyond argument” – Adelberg (by Federal Court of Appeal)
  • Non-Existent?! – Federal workers vaccine injury lawsuit
  • Abandoned?! – Vaccine Choice Canada (October 2019)
  • Discontinued – Vaccine Choice Canada (July 2020)
  • Discontinued – Sgt. Julie Evans (April 2021), fundraised by Police On Guard
  • Discontinued – Children’s Health Defense Canada (April 2021), of which counsel was, at the time, a Director of the organization
  • Discontinued? – Take Action Canada (March 2023) is in an awkward spot. While it faces Motions to throw out the case as “bad beyond argument”, the group is openly considering dropping the case. More money is demanded. If only someone could have warned Sandy and Vincent that this was a bad idea

It’s worth mentioning that Action4Canada can probably be classified as “abandoned” at this point. 4 months after their nonsense Appeal was thrown out, there’s still no amended Notice of Civil Claim (NOCC).

Seriously: Is this a track record of good results?

Sadly, many of the “truther” media accounts promote these cases as if they’re legitimate, despite the abundance of information available. Liberty Talk is an obvious example, but hardly the only one.

Does it make sense why this website would spend so much time and effort tracking these bogus cases, and the endless money-pits that they’ve become? Does it make sense to question why millions of dollars have been funneled into this litigation? Shouldn’t everyone be held to account?

How much money has been raised? Here’s a starting point.

Okay, So What’s YOUR Solution?

A common thread most detractors have here is that the content is too negative. It’s too divisive. It needlessly weakens the Freedom Movement. No solutions are ever offered, despite endless criticism.

Well, there is a simple solution for donors at least. Demand full refunds, preferably with interest. If they say there’s no money available (since it was all spent on lawyers), start suing VCC for refunds. They’ll capitulate rather than face hundreds or thousands of angry people. Small Claims Court is dirt cheap, for example.

Deceit and/or misrepresentation would surely void any “no refunds” policy.

What About Potential Cost Consequences?

One question worth asking is how much VCC would be forced to pay for dropping the case. After all, the (successful) Defendants could ask for costs to offset the expenses incurred so far. True, the Motion to Strike wasn’t actually heard, but it had to be prepared.

This is certainly a valid point.

However, after thinking it over, it’s probably not a big deal. Government lawyers often agree to waive costs (or minimize them) if lawsuits are discontinued. This could have happened here. Or, the Defendants could have agreed to accept nominal costs (small amounts) as a symbolic victory.

Using Action4Canada as a reference, they paid out approximately $13,000 in costs after their Notice of Civil Claim was struck as “bad beyond argument”. True, Ontario has higher tariffs, but $50,000 or less would have been a reasonable order from a Judge against VCC. In any event, it would be a drop in the bucket considering the money that was fundraised.

Now that the Claim has been dropped, Kuntz, VCC, and their counsel are presumably free to spend the rest as they wish. There doesn’t appear to be a refund policy.

How long until Action4Canada announces they’re discontinuing their case?

As Trudeau would say: “Thank you for your donation.”

GRIFTERS MAIN PAGE

VACCINE CHOICE CANADA DOCUMENTS (2019 CLAIM):
(1) VCC – Statement Of Claim, October 2019 Lawsuit
(2) VCC – Statement Of Defence, October 2019 Lawsuit
(3) VCC – October 2019 Press Release

VACCINE CHOICE CANADA DOCUMENTS (2020 CLAIM):
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Discontinuance Against CBC With Cover Letter
(4) VCC – Mercer Statement Of Defense
(5) VCC – Mercer Affidavit Of Service
(6) VCC – Requisition For CPC Motion To Strike
(7) VCC – Notice Of Motion To Strike
(8) VCC – Factum WEC Wajid Ahmed
(9) VCC – Factum Nicola Mercer
(10) VCC – Factum Federal Defendants
(11) VCC – Factum Of Respondent Plaintiffs

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Recent Statistics From U.S. Customs And Border Protection (USCBP), As Of 2024

This article will focus on data from the U.S. Customs and Border Protection, or USCBP. It sheds light on just how bad things are with their borders, particularly the side with Mexico. There have been many interests vested in not securing it. Consequently, people flood in illegally, since there’s little reason not to at least try.

Why should Canadians care about this?

The answer is simple: it’s not just an American problem. Open borders threatens nations in general. Not only that, many of those illegal aliens will surely be working their way to Canada, given the generous welfare benefits available.

There’s also some historical data, going back 100 years on total apprehensions.

The following data is by no means all of the information that CBP releases, including on weapons and drugs. It’s just a portion of it. But it should be alarming to anyone who takes border security seriously.

Total Customs And Border Patrol Enforcement Actions

YEAR TOTALS OFFICE OF FIELD OPS US BORDER PATROL
FY 2017 526,901 216,370 310,531
FY 2018 683,178 281,881 404,142
FY 2019 1,148,024 288,523 859,501
FY 2020 646,822 241,786 405,036
FY 2021 1,956,519 294,352 1,662,167
FY 2022 2,766,582 551,930 2,214,652
FY 2023 3,201,144 1,137,452 2,063,692
FY 2024* 1,981,177 809,460 1,171,717

* Beginning in March FY20, OFO Encounters statistics include both Title 8 Inadmissibles and Title 42 Expulsions. To learn more, visit Title-8-and-Title-42-Statistics. Inadmissibles refers to individuals encountered at ports of entry who are seeking lawful admission into the United States but are determined to be inadmissible, individuals presenting themselves to seek humanitarian protection under our laws, and individuals who withdraw an application for admission and return to their countries of origin within a short timeframe.

** Beginning in March FY20, USBP Encounters statistics include both Title 8 Apprehensions and Title 42 Expulsions. To learn more, visit Title-8-and-Title-42-Statistics. Apprehensions refers to the physical control or temporary detainment of a person who is not lawfully in the U.S. which may or may not result in an arrest.

Inadmissible Foreign Criminals And Outstanding Warrants

YEAR OFO C.N.E NCIC** USBP C.N.E USBP Warrants
FY 2017 10,596 7,656 8,531 2,675
FY 2018 11,623 5,929 6,698 1,550
FY 2019 12,705 8,546 4,269 4,153
FY 2020 7,009 7,108 2,438 2,054
FY 2021 6,567 8,979 10,763 1,904
FY 2022 16,993 10,389 15,267 949
FY 2023 20,166 11,509 15,267 988
FY 2024*** 11,626 6,946 10,337 587

OFO = Office of Field Operations
USBP = U.S. Border Patrol

* Criminal noncitizens refers to noncitizens who have been convicted of crime, whether in the United States or abroad, so long as the conviction is for conduct which is deemed criminal by the United States. Criminal noncitizens encountered at ports of entry are inadmissible, absent extenuating circumstances, and represent a subset of total OFO inadmissibles. U.S. Border Patrol arrests of criminal noncitizens are a subset of total apprehensions. See U.S. Border Patrol Criminal Noncitizen Statistics for a breakdown of criminal noncitizen stats by type of conviction.

** NCIC (National Crime Information Center) arrests refers to the number of CBP arrests of individuals, including U.S. citizens, who are wanted by other law enforcement agencies.

*** FY 2024, or Fiscal Year 2024, ends on September 30th, 2024

Drug Seizure Statistics 2021-2024

YEAR OC NO DE JA FE MA AP MY JN JL AU SE TOT
2021 98K 67K 69K 60K 90K 88K 64K 89K 93K 77K 75 45 913K
2022 83K 58K 45K 50K 60K 44K 53K 47K 61K 54K 60K 41K 656K
2023 37K 39K 40K 49K 70K 56K 36K 41K 44K 50K 49K 39K 549K
2024* 37K 48K 34K 37K 67K 51K 46K – – – – – 321K

* FY 2024, or Fiscal Year 2024, ends on September 30th, 2024

Data represents pounds that were seized, rounded for space considerations. For example, 58K means 58,000 pounds of narcotics.

Source: https://www.cbp.gov/newsroom/stats/drug-seizure-statistics

Types Of Drugs Seized 2021-2024

YEAR MJ ME CO FE HE KH KE EC LSD OTH
2021 319K 192K 98K 11K 5K 203K 22K 1K 38 73K
2022 155K 175K 70K 15K 2K 175K 14K 1K 36 49K
2023 150K 140K 81K 27K 2K 70K 8K 649 11 71K
2024* 110K 105K 41K 11K 513 5K 9K 321 6 39K

MJ = Marijuana
ME = Methamphetamine
CO = Cocaine
FE = Fentanyl
HE = Heroin
KH = Khat (Catha Edulis)
EC = Ecstasy
LSD = LSD
OTH = Other Drugs

Source: https://www.cbp.gov/newsroom/stats/drug-seizure-statistics

* FY 2024, or Fiscal Year 2024, ends on September 30th, 2024

Weapons And Firearms Seized

YEAR AM CA MA OG RE SC SI BA TOTAL
FY 2021 345,757 – 419 230,761 181 – 18,036 – 595,154
FY 2022 1,029,554 – 516 115,902 253 – 1,272 – 1,147,497
FY 2023 501,368 847 7,532 34,181 324 357 2,457 544 547,610
FY 2024* 243,783 178 6,475 47,719 175 238 1,907 3,282 303,756

AM = Ammunition
CA = Case
MA = Magazine
OG = Other Gun Parts
RE = Receiver
SC = Scope
SI = Silencer/Muffler
BA = Vest/Body Armour

* FY 2024, or Fiscal Year 2024, ends on September 30th, 2024

Source: https://www.cbp.gov/newsroom/stats/weapons-and-ammunition-seizures

Terrorist Screening Encounters

OFFICE OF FIELD OPERATIONS
YEAR SOUTHERN BORDER NORTHERN BORDER TOTAL
FY 2017 116 217 333
FY 2018 155 196 351
FY 2019 280 258 538
FY 2020 72 124 196
FY 2021 103 54 157
FY 2022 67 313 380
FY 2023 80 484 564
FY 2024* 24 172 196
U.S. BORDER PATROL
YEAR SOUTHERN BORDER NORTHERN BORDER TOTAL
FY 2017 2 0 2
FY 2018 6 0 6
FY 2019 0 3 3
FY 2020 3 0 3
FY 2021 15 1 16
FY 2022 98 0 98
FY 2023 169 3 172
FY 2024* 80 1 81

* FY 2024, or Fiscal Year 2024, ends on September 30th, 2024

Source: https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics

Arrests Of Non-Citizen Gang Members

YEAR 18TH ST. MS-13 PAISAS OTHER TOTAL
FY 2015 84 335 73 352 844
FY 2016 47 253 119 283 702
FY 2017 61 228 53 194 536
FY 2018 145 413 62 188 808
FY 2019 168 464 90 254 976
FY 2020 36 72 93 162 363
FY 2021 28 113 79 128 348

Source: https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics-fy2023

Note: More recent data breaks down data among many other gangs. However, most have had just a few members detained at the border.

Arrests of Non-Citizens with Criminal Convictions

FISCAL YEAR TOTAL ARRESTS
FY 2017 8,531
FY 2018 6,698
FY 2019 4,269
FY 2020 2,438
FY 2021 10,763
FY 2022 12,028
FY 2023 15,267
FY 2024* 10,337

* FY 2024 ends on September 30th, 2024

Source: https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/criminal-noncitizen-statistics

Records checks of available law enforcement databases following the apprehension of an individual may reveal a history of criminal conviction(s). That conviction information is recorded in a U.S. Customs and Border Protection database, from which the data below is derived.

Total Criminal Convictions by Type Of Non-Citizens

YEAR ABSV ROB DUI HOM DRUG IRE WEAP SEX OTH
FY 2017 692 595 1,596 3 1,249 4,502 173 137 1,851
FY 2018 524 347 1,113 3 871 3,920 106 80 1,364
FY 2019 299 184 614 2 449 2,663 66 58 814
FY 2020 208 143 364 3 386 1,261 49 156 580
FY 2021 1,178 825 1,629 60 2,138 6,160 336 488 2,691
Fy 2022 1,142 896 1,614 62 2,239 6,797 309 365 2,891
FY 2023 1,254 864 2,493 29 2,055 8,790 307 284 3,286
FY 2024* 662 412 1,778 20 942 6,368 142 133 1,933

* Fiscal Year 2024 runs October 1, 2023- September 30, 2024.

Source: https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/criminal-noncitizen-statistics

The FY total displays the total CES apprehensions but does not equal the sum of data by category because the same apprehension can have multiple NCIC Charges that are included in multiple categories.

“Other” includes any conviction not included in the categories above.

ABSV = Assault, Battery, Domestic Violence
ROB = Burglary, Robbery, Larceny, Theft, Fraud
DUI = Driving Under The Influence
HOM = Homicide: Murder, Manslaughter, etc….
DRUG = Illegal Drug Possession, Trafficking
IRE = Illegal Re-Entry
WEAP = Illegal Weapons Possession, Transport, Trafficking
SEX = Sexual Offences
OTH = Categories Not Listed Above

Historical Data On Apprehensions: 1925 – 2020

YEAR TOTAL YEAR TOTAL YEAR TOTAL
1925 22,199 1926 12,735 1927 16,393
1928 23,566 1929 32,711 1930 20,880
1931 22,276 1932 22,735 1933 20,949
1934 10,319 1935 11,016 1936 11,728
1937 13,054 1938 12,851 1939 12,037
1940 10,492 1941 11,294 1942 11,784
1943 11,175 1944 31,175 1945 69,164
1946 99,591 1947 193,657 1948 192,779
1949 288,253 1950 468,339 1951 509,040
1952 528,815 1953 835,311 1954 1,028,246
1955 225,186 1956 68,420 1957 46,225
1958 40,504 1959 32,996 1960 28,966
1961 29,384 1962 29,897 1963 38,861
1964 42,879 1965 52,422 1966 79,610
1967 94,778 1968 123,519 1969 172,391
1970 231,116 1971 302,517 1972 396,495
1973 498,123 1974 634,777 1975 596,796
1976 696,039 1977 812,541 1978 862,837
1979 888,729 1980 759,420 1981 825,290
1982 819,919 1983 1,105,670 1984 1,138,566
1985 1,262,435 1986 1,692,544 1987 1,158,030
1988 969,214 1989 891,147 1990 1,103,354
1991 1,132,033 1992 1,199,560 1993 1,263,490
1994 1,031,668 1995 1,324,202 1996 1,549,876
1997 1,412,953 1998 1,555,776 1999 1,579,010
2000 1,676,438 2001 1,266,214 2002 955,310
2003 931,557 2004 1,160,395 2005 1,189,075
2006 1,089,092 2007 876,704 2008 723,825
2009 556,041 2010 463,382 2011 340,252
2012 364,768 2013 420,789 2014 486,651
2015 337,117 2016 415,816 2017 310,531
2018 414,142 2019 859,501 2020 405,036

* FY 2020 ended on September 30th, 2020

Source: https://www.cbp.gov/newsroom/media-resources/stats (pdf file) (archive)

Again, this is nowhere near all the information that the CBP puts out. It’s just a snapshot of the people, drugs, weapons and more that have been stopped. It’s alarming to think how many people, drugs and weapons aren’t being caught.

(1) https://www.cbp.gov/
(2) https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics
(3) https://www.cbp.gov/newsroom/stats/drug-seizure-statistics
(4) https://www.cbp.gov/newsroom/stats/weapons-and-ammunition-seizures
(5) https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters
(6) https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/criminal-noncitizen-statistics
(7) https://www.cbp.gov/newsroom/media-resources/stats
(8) U.S. Border Patrol Total Apprehensions (FY 1925 – FY 2020) (508)