Sandra Finley

Aug 282023
 

TDF = The Democracy Fund   (NOTE:  TDF has charitable status.  Donations are tax-receipted —  go to  https://www.thedemocracyfund.ca/chris_scott_of_the_whistle_stop_caf_acquitted_of_charges_following_higher_court_decision)

The defiant restaurateur has been acquitted of breaching public health orders.


TORONTO: Christ Scott, the owner of the Whistle Stop Café, has finally been acquitted of violating public health orders after almost two years of uncertainty and a legal battle that pulled out all the stops.

Scott was charged with seven violations of the Public Health Act and one violation of the Gaming Liquor and Cannabis Act early in 2021 for refusing to close his restaurant during the pandemic. If convicted, he faced the possibility of imprisonment.

The Democracy Fund (TDF) retained Williamson Law to defend Scott against his charges.

The decision to acquit Scott came on the heels of the Ingram decision, which was released at the end of last month. In that decision, Justice Romaine of the Court of King’s Bench ruled that public health orders made during the pandemic were outside the jurisdiction of the Public Health Act because they were made by members of the Alberta cabinet instead of the Chief Medical Officer of Health.

Scott’s trial commenced prior to the release of Ingram but was adjourned in the middle of a defence cross-examination to allow Scott to seek disclosure of approximately 1000 pages of email correspondence that Alberta Health Services failed to disclose. After reviewing the disclosed documentation, Scott’s lawyers filed a Charter application alleging Scott was targeted for prosecution because of his outspoken disapproval of government action.

“Scott may have been convicted if he had a less tenacious legal team,” says Alan Honner, TDF’s litigation director. “The delay caused by Scott’s disclosure application ultimately gave the defence the benefit of the Ingram decision, which led to Scott’s acquittal.”

This victory would not be possible without the generous support of TDF donors. You can help people like Chris Scott by making a tax-deductible donation to support TDF.

About The Democracy Fund:

Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF supports access to justice initiatives for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.

Aug 272023
 

MARTIN’S ADDRESS TO THE EUROPEAN PARLIAMENT

Please copy and paste one link or other.  They disappear if I try to make a live link from my blog.

a.   https://www.youtube.com/watch?v=DJoi4hGpq

b.  https://twitter.com/DrDMa    (The same video but on TWITTER)

 

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2.   David Martin – – The Cabal is Already Dead.

I think this is worth listening to,  to the end.  I agree whole-heartedly with Martin’s advice,

which is also the advice of other people:

get together with people – –  talk,  discuss, work, do things, have fun!   The beast is in its last throes. /Sandra

Aug 252023
 

John Carpay: Canada’s Regulatory Colleges Have No Business Monitoring Speech

FeaturedOpinions and Columns

John Carpay – The Epoch Times

The suppression of free speech is almost always based on arrogance, and boils down to “free speech for me, but not for thee.” The College of Psychologists of Ontario demands that Dr. Jordan Peterson submit to mandatory re-education (the college calls it a “coaching program”) to make his public expression of opinion conform to the college’s progressive ideology.

The college claims that various political and cultural comments made by Dr. Peterson are “degrading, demeaning, unprofessional, disgraceful and dishonourable,” and that they pose “moderate risks of harm to the public” such as “undermining public trust in the profession of psychology.”

The world-famous author, podcaster, and political commentator has been registered with the college as a clinical psychologist since 1999 but stopped seeing patients in 2017. Nevertheless, the most famous Canadian on the planet has maintained his membership in the college and refers to himself publicly as a clinical psychologist.

The complaints against Dr. Peterson are not about how he cared for his patients. Rather, complaints have come from people who disagree with his comments on cultural and political topics like racism, transgenderism, and feminism. A life-long student of totalitarianism as practised by the National Socialists in Germany (1933–1945) and by the international socialists (communists) in the Soviet Union (1917–1991) and other countries, Dr. Peterson has repeatedly warned of the dangers of slowly losing our freedom of expression.

As summarized by Justices Backhouse, Schabas, and Krawchenko, who are sitting as a Divisional Court panel of the Ontario Superior Court of Justice, the comments to which the college objected include the following:

(a) A tweet on Jan. 2, 2022, in which Dr. Peterson responded to an individual who expressed concern about overpopulation by stating, “You’re free to leave at any point.” (b) Various comments made on a Jan. 25, 2022, appearance on the “Joe Rogan Experience” podcast, where Dr. Peterson is identified as a clinical psychologist and spoke about a “vindictive” client whose complaint about him was a “pack of lies.” Speaking about air pollution and child deaths, Dr. Peterson said (with sarcastic irony), “It’s just poor children, and the world has too many people on it anyways.” (c) A tweet on Feb. 7, 2022, in which Dr. Peterson referred to Gerald Butts as a “prik.” (d) A tweet on Feb. 19, 2022, in which Dr. Peterson commented that Catherine McKenney, an Ottawa city councillor who uses they/them pronouns, was an “appalling self-righteous moralizing thing.” (e) In response to a tweet about actor Elliot Page being “proud” to introduce a trans character on a TV show, Dr. Peterson tweeted on June 22, 2022, “Remember when pride was a sin? And Ellen Page just had her breasts removed by a criminal physician.” (f) A further complaint about Dr. Peterson’s Jan. 2, 2022, tweet in which he responded to an individual who expressed concern about overpopulation by stating, “You’re free to leave at any point.” (g) Dr. Peterson’s tweet posted in May 2022, commenting on a Sports Illustrated Swimsuit Edition plus-sized model, “Sorry. Not Beautiful. And no amount of authoritarian tolerance is going to change that.”

On Nov. 22, 2022, a disciplinary panel of the college ruled that Dr. Peterson “appeared to be engaging in degrading comments about a former client and making demeaning jokes” on the “Joe Rogan Experience.” The college felt that by referring to Elliot Page as “her” and by using Elliot’s former name, and “by calling Catherine McKenney an ‘appalling self-righteous moralizing thing’… Dr. Peterson may be engaging in degrading, demeaning, and unprofessional comments.” The college felt that referring to the physician who removed Elliot Page’s breasts as a “criminal” is “inflammatory and unprofessional.” The college regards the Gerald Butts and Sports Illustrated comments as “disgraceful, dishonourable and/or unprofessional.”

Predictably, the college has also asserted that it “in no way disagrees that the Canadian Charter of Rights and Freedoms guarantees Dr. Peterson a right to freedom of expression.” The “professional standards and ethics” used by the college to censor Dr. Peterson happen to have been created by the college and are now interpreted and enforced by the college. If a psychologist says something the college dislikes, it can simply declare those comments to be “unprofessional” or “unethical” or both. That ends the debate. This makes it possible for the college to join so many other censors, presently and throughout history, who say: “I like free speech, as long as you say what I like.”

That the court sided with the college against Dr. Peterson is not surprising, considering the fact that Canada’s Chief Justice, Richard Wagner has stated publicly that he is “proud” of his Supreme Court being “progressive.” Many Canadian judges would reject this ideological bias, but a public declaration of this kind, from the leader of the highest court in the land, does set the tone for other courts.

The three-judge panel held that the forced re-education of Dr. Peterson is nothing to worry about because it is merely “remedial” and not “disciplinary,” and will have only a “minimal” impact on Dr. Peterson’s right to freedom of expression.

The court split hairs by declaring that it “was not necessary to engage in whether Dr. Peterson’s comments were supported by facts or were his honest opinion, as the concern arises from the nature of the language used, not the validity of his opinions.” So, truth and facts don’t matter to this court; it’s all about some mysterious “nature of the language used” that empowers the college to censor the speech of psychologists.

It’s no different for nurse Amy Hamm, currently being prosecuted by the British Columbia College of Nurses and Midwives for stating publicly that there are only two sexes, and that women deserve their own safe spaces (washrooms, changerooms, female-only sporting events, female prisons, etc.) where biological males may not enter.

In like manner, law societies across Canada are now monitoring the speech of lawyers, even forcing lawyers to express agreement with beliefs and goals that individual lawyers disagree with.

In this way, “professional standards” become the pretext for silencing Canadian doctors, nurses, psychologists, accountants, lawyers, teachers, engineers, and other professionals who espouse conservative, libertarian, traditionalist, classical liberal, or other non-woke, non-progressive opinions.

Aug 032023
 

The “Ingram decision” in Alberta, August 1, 2023,  has been pivotal.   But I could not make sense of it . . .  UNTIL John Carpay (President of the JCCF) came to the rescue  – – video below.   I think this statement would be an accurate summary:

Ingram court decision, Alberta, Public Health Officer (Dineen Henshaw now retired) was the responsible public official for the covid mandates, under the Law as it is currently written.

However,  Henshaw testified to the Court that she made RECOMMENDATIONS to the Government.

It was the Government’s role to make the decisions.

Her testimony nullified the covid mandates because it is SHE who, according to the law as it is written,  is responsible for making the decisions.

Several court cases in Canada related to CONSTITUTIONAL CHALLENGES have been won (charges dropped) as a consequence of the Ingram decision.  Thank God!  because the synopses of some of the cases fell into the category of “Surely this isn’t real!”  They can’t be real cases but they were.

I keep my sanity knowing that we have the JCCF,  AND Canadians pitch in financially to make their work possible.  https://www.jccf.ca/ 

(JCCF)   Justice Centre for Constitutional Challenges  

It is the responsibility of the judiciary to hold the government accountable for respecting our Charter rights, but only if someone takes the initiative to bring these matters before the courts.

That is a role that the Justice Centre has undertaken to fill for over a decade. Each case can contribute to protecting the Charter rights of Canadians in a variety of ways.

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The documentation by the JCCF for Ingram v. Alberta has a lot of good information in it.

Challenging the constitutionality of Alberta’s public health measures: Ingram et al v. Alberta

December 9, 2020:

The Justice Centre has filed a court challenge to Orders made by the Chief Medical Officer of Health and select unconstitutional sections of the Public Health Act, to end the violation of Albertans’ Charter freedoms. The Justice Centre is representing two Alberta churches and two individuals alongside Alberta lawyer Jeffrey Rath who represents another individual.

The Justice Centre’s filed lawsuit states that the Alberta government has violated the right to peaceful assembly, the right to travel, the right to conduct a business to earn a living, the right to visit family and friends, including having visitors in one’s own private residence, and the right to worship. The Justice Centre has been inundated with thousands of emails from people who are being financially ruined by lockdowns, suffering mental health issues, losing their businesses, unable to see their elderly parents, and being denied critical health care with conditions besides COVID.

On December 8, 2020, the Alberta government announced an even more repressive slate of restrictive lockdowns reminiscent of Stage 1 of lockdowns earlier implemented in March 2020 before the severity of COVID was fully known. As of December 13, all gyms, casinos, restaurants, hair salons, massage therapy clinics, tattoo shops, concert halls, and other businesses must shut down, with limited take out or delivery service only. The Alberta government has outlawed any outdoor or indoor social gatherings of people outside one’s own household, and imposed a mandatory work from home order.

In response to flagrantly flawed predictions regarding the lethality of COVID-19, the Alberta Government first declared a state of public health emergency in Alberta on March 17, 2020. Under the guise of “two weeks to flatten the curve,” the resulting lockdown devastated small businesses and has led to large-scale societal harm in the form of increased unemployment and poverty, deteriorating mental and physical health, drug overdoses, cancelled surgeries, the loss of personal liberty and even death.

On November 24, 2020, the Alberta Government again declared a state of public health emergency, imposing a “second wave” of lockdown harms and authoritarian restrictions on the ability of Albertans to travel, conduct business, visit family and friends, obtain necessities, peacefully assemble, manifest their religious beliefs, and breathe freely.

Since March 16, 2020, Alberta’s Chief Medical Officer of Health (CMOH) has pronounced 40 public health orders that have crushed constitutionally-protected rights and freedoms as guaranteed by the Canadian Charter of Rights and Freedoms. The latest round of CMOH Orders outlaw people visiting friends and family or holding small gatherings in their homes, and restrict outside gatherings, weddings and funerals to a measly 10 people.

As part of the court challenge the Justice Centre will argue that that CMOH Orders violate multiple Charter-protected rights, such as the right to peacefully assemble, the right to visit friends and family, the right to freely practice religious beliefs, the right to travel and the right to conduct business and earn a living. The Justice Centre will further argue that these constitutional rights violations are not justified because lockdowns cause far more harm than whatever harm from COVID-19 lockdown measures may prevent.

“In a free society, the government respects citizens as they exercise their freedom and responsibility to respond to a perceived crisis as they deem best for themselves and their loved ones. Arbitrary and authoritarian control, based on fearmongering by the government, only ever exacerbates the problems facing society, as we have seen for the last nine months. Politicians have not put forward any persuasive evidence that lockdowns have saved lives, but there is no question that lockdowns have caused grave harm to millions of Canadians suffering unemployment, poverty, cancelled surgeries, suicides, isolation and the loss of their liberty,” states Justice Centre lawyer James Kitchen.

“The people of Alberta have suffered under the oppression of a medical dictatorship for long enough. The soul-destroying lockdowns have wrought havoc. It’s time for Albertans to get their freedom back,” concludes Kitchen.


In February 2022, the Justice Centre was in Court on a 14-day-trial, on an Application in the Court of Queen’s Bench against Alberta lockdowns which started on December 4, 2020.

Lawyer Leighton Grey Q.C. had conduct of the constitutional challenge brought by the Justice Centre, on behalf of individuals and churches, and was joined by lawyer Jeffrey Rath, who represented an individual client. The action is to set aside the Chief Medical Officer of Health (CMOH) Orders that trampled the constitutionally-protected rights of citizens of Alberta, and violated the Alberta Bill of Rights and Charter of Rights and Freedoms.

By February 2022, in the Province of Alberta, only 0.000025% of the total Alberta population had died from an alleged COVID-19 infection without any other fatal comorbidities.

On February 11, 2022, Dr. Jay Bhattacharya, a Stanford-educated epidemiologist, testified for the Justice Centre as the expert witness on public health and Covid-19. Dr. Bhattacharya is a world-renowned expert who is co-author of The Great Barrington Declaration, which advocates for targeted measures to protect vulnerable populations from Covid, rather than mass societal shutdowns and lockdowns. Dr. Bhattacharya has testified in many such cases, including the Justice Centre’s Gateway Constitutional challenge heard last May in Manitoba. The Court heard that Dr. Bhattacharya refuses all offers of compensation for his services as an expert witness.

The Alberta Government brought an application to not allow any documents after July 21, 2021 into the court hearing, just before the trial started on February 11. Lawyer for Alberta, Mr. Nicholas Parker told the court he is going on vacation on February 25, 2022 and does not want the trial to run longer than scheduled, even though all others agree to extend if necessary. Mr. Rath told the Court that this is the second time this trial has been impacted by someone’s vacation schedule, the first was when Government lawyers sought an adjournment due to Dr. Hinshaw dealing with “hospital crisis” due to Covid-19 in September, but went on holiday instead the day court was scheduled to attend.

Dr. Bhattacharaya withstood vigorous cross examination, during which he maintained that the societal costs of lockdown measures vastly exceed their benefits, and that the preferred approach is focused protection of those who are most vulnerable to severe health outcomes from Covid-19, i.e. individuals over 60 years of age who suffer from multiple co-morbidities.

Colonel David Redman also testified on behalf of the Applicants about Alberta’s refusal to follow its own 2014 pandemic response plan, its failure to develop a coherent plan to deal with Covid-19, and the severe public costs of lockdown measures.

The Court denied the joint Application of Mr. Grey and Mr. Rath to have The Honourable Brian Peckford P.C., former premier of Newfoundland, and one of the original drafters and signatory to the Charter of Rights and Freedoms, testify in the case. The Court described Mr. Peckford as private citizen whose first-hand knowledge of s.1 of the Charter is “irrelevant” to the issues to be decided by the Court. Justice Romaine also granted the Government application to exclude a recent John’s Hopkins meta-analysis on the ineffectiveness of lockdowns and other non-pharmaceutical interventions. Justice Romaine accepted the Alberta Government position that this report was not relevant, since it was only released last month and would import the benefit of hindsight to the CMOH. This is despite the fact that all but one of the 34 studies covered therein were completed in 2020 and related specifically to an analysis of the first wave. As of February 2022, all of the many contested procedural applications conducted in the case since December of 2020 have gone in favour of the Alberta Government.

Alberta Government counsel requested that health orders only be considered by the court up until the date of the previous hearing in July 2021, which was the cut-off date for submissions. Lawyers for the Applicants argued that they had given the court notice, from the beginning of proceedings, that they intended to include evidence about all the directives, up to and including the current hearing, due to the fact that their clients are affected by all government directives. Lawyer Jeffery Rath said they had also sent a letter to Justice Poelman in October 2021 concerning this issue. Justice Romaine said that the letter appears to have not been received by the Court.

Due to a variety of discussions and delays, outlined in this February 17, 2022 update, the court adjourned until Tuesday, February 22, 2022, the following week. At the time, the Applicants planned to prepare and file a new application that would deal specifically with the post-September CMOH Orders. That application was filed and served to the Government the follow week.

There was not sufficient time to question all of the witnesses in three days during the following week, nor was there enough time for the Court to hear final arguments. The Applicants sought a new application be heard concurrently with the other one.

Back to court in April 2022, Dr. Deena Hinshaw, Alberta’s Chief Medical Officer was cross-examined. During the cross, lawyer Leighton Grey asked if Dr. Hinshaw agreed that her position was a political appointment. She agreed but noted that the appropriate legislation had been changed to require those appointed to be specially trained in public health. Mr. Grey asked if she agreed that the role of the public health officer has been greatly expanded recently. Dr. Hinshaw disagreed and said her role was to provide advice to elected politicians who made the decisions. She would not agree that the power to issue province-wide public orders is new.

In response to Mr. Grey’s suggestion that he doesn’t recall there being a designated chief officer of health for the entire province until recently, Dr. Hinshaw said that this position has existed “for decades.” She stated that the position goes back a century to the creation of the first Alberta Public Health Act. Mr. Grey then stated that it was his understanding that what was new in the legislation was the ability of the public health officer to use “any means necessary” to control an outbreak like the pandemic. Again, Dr. Hinshaw disagreed, saying “by-any-means-necessary predated the pandemic.” The two managed to agree that the way the public health orders were used during the recent pandemic is without precedent.

With regards to expertise, Mr. Grey noted that Dr. Hinshaw is not an expert in virology or epidemiology, though she would often speak publicly about these issues. Dr. Hinshaw conceded she was not an expert, but considered herself competent in these subject. Many of her advisors were, however, experts.

(For more detail, catch up on the trial updates: April 4, 2022 and April 5, 2022)

On August 23, 2022, a court application was filed to compel Dr. Deena Hinshaw to re-attend court for further cross-examination in the constitutional challenge to her lockdown orders. The application alleges that Dr. Hinshaw knowingly withheld evidence from the court regarding her knowledge of the dangers and harms of forced masking on children. The Application was brought jointly by Leighton Grey, Q.C. – on behalf of the Justice Centre for Heights Baptist Church, Northside Baptist Church, Erin Blacklaws, and Tory Tanner – and Jeffrey Rath, counsel for Rebecca Ingram. A court hearing was scheduled for Friday, August 26, 2022, to reopen the case based on new evidence

The application also requested that the Court require Dr. Hinshaw to produce all of her recommendations to the Kenney government related to her own Covid-19 lockdown orders, as well as to require Dr. Hinshaw to answer all questions which were previously objected to by counsel for the government of Alberta on the basis of Cabinet Confidentiality.

Dr. Hinshaw was cross-examined in the court challenge to her health orders on April 4-7, 2022. Since her cross-examination, in July 2022, documents which Premier Kenney’s cabinet had previously claimed confidentiality over were ordered to be released to the public by the Honourable Justice Dunlop, on July 13, 2022, in a separate, unrelated court case CM v. Alberta. The now-public documents contain a memo generated by the Premier’s office, sent to both Premier Kenney and Dr. Hinshaw, regarding lack of evidence to justify forced public masking and the dangers to children from such orders. The Alberta government failed to disclose the existence of these documents in the Ingram case.

According to the Application, the Alberta government-generated memo states that:

  • There is insufficient direct evidence of the effectiveness of face masks in reducing transmission of Covid in educational settings;
  • That there are harmful effects of mask wearing on children; and
Jul 222023
 

   RELATED POSTING:

2023-07-21 Federal Court of Appeal dismisses constitutional challenge to ‘contentious’ ArriveCAN app, from Rebel News. Includes details of the $54 million price tag for ArriveCan. Also example case of Joanne Walsh.

 

ArriveCAN Mootness Appeal Dismissed. From JCCF (Justice Centre for Constitutional Freedoms)

Featured News Releases

TORONTO, ON: The Justice Centre for Constitutional Freedoms is disappointed with the Federal Court’s decision in the matter of Yates et al v. Canada, a constitutional challenge to the mandatory use of the ArriveCAN app, which was released on July 19th 2023, where the Court found no errors in the Motion Judge’s decision that the Application was moot.

The decision will be reviewed thoroughly, and an update will be provided in due course with respect to potential next steps. 

(INSERT by Sandra:  I bolded the text of the preceding statement.)

Background:

On December 20, 2021, the Federal Government required Canadians who were unvaccinated, or who were vaccinated but did not use ArriveCAN, to undergo testing and mandatory quarantine upon returning to Canada.

The Applicants in the constitutional challenge are Canadians who refused to disclose their vaccination status via the ArriveCAN app, asserting the privacy and constitutional rights.  Many of the Applicants have received fines of up to $8,500 and are still facing prosecution on those fines.

On August 24 2022, they filed an application that challenged the constitutionality of ArriveCAN. Soon after, the Government brought a motion to strike the Applicants’ case on the basis that it is moot since on September 30 2022, the Federal Government dropped the ArriveCAN requirement. On March 16, 2023, an associate judge of the Federal Court dismissed the constitutional challenge, holding that there were no live issues for the Court to consider.  Further, the Court decided not to exercise its discretion to hear moot cases.

The Federal Court of Appeal heard the appeal on June 13, 2023, in which the request was made to review and overturn the Federal Court’s decision not to consider the merits of the case due to mootness. Lawyers for the Applicants argued that a decision from the Federal Court would swiftly resolve the constitutional arguments that would otherwise clog lower courts, where prosecution of Canadians who did not use the ArriveCAN app are proceeding across the country.

Related Posts

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Jul 222023
 

RELAT

2023-07-20 UPDATE on court case: ArriveCAN Mootness Appeal Dismissed. From JCCF (Justice Centre for Constitutional Freedoms)

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Federal Court of Appeal dismisses constitutional challenge to ‘contentious’ ArriveCAN app

According to the Justice Centre, some plaintiffs willingly disclosed their vaccination status through other means. They all shared privacy concerns about ArriveCAN potentially sharing their personal medical information widely with other government agencies.

Federal Court of Appeal dismisses constitutional challenge to 'contentious' ArriveCAN app

THE CANADIAN PRESS/Giordano Ciampini

The Federal Court of Appeal dismissed a constitutional challenge of the contentious ArriveCAN app, concluding the Federal Court made ‘no errors’ ruling against the suit.

The Justice Centre for Constitutional Freedoms (JCCF) filed a lawsuit last August 24 in Federal Court for 11 Canadians who faced a mandatory 14-day quarantine or significant fines for failure to use ArriveCAN.

“The Justice Centre has heard from thousands of Canadians who have been negatively impacted by the federal government’s mandatory requirement to use ArriveCan,” said litigator Eva Chipiuk.

“Thousands of law-abiding citizens have been fined egregiously simply for returning to their home country.”

On December 20, 2021, Parliament made ArriveCAN a mandatory prerequisite for travel abroad, which irked Joanne Walsh, a vaccinated Canadian citizen and plaintiff in the suit.

 

 

Border agents fined Walsh, a retired Canadian from Burlington, Ontario, for not using the ArriveCAN app despite presenting proof of vaccination. They also ordered her into a 14-day quarantine.

After the incident, the Public Health Agency of Canada sent agents to her residence to ensure she complied with the quarantine.

“Privacy of Canadians is one of the fundamental rights our Charter protects,” said Hatim Kheir, one of the lawyers for the plaintiffs.

According to the Justice Centre, some plaintiffs willingly disclosed their vaccination status through other means. They all shared privacy concerns about ArriveCAN potentially sharing their collected personal medical information widely with other government departments, agencies, police forces, and other countries.

“ArriveCAN’s disclaimer that Canadians’ private information could be widely shared is a serious concern to the plaintiffs and should be for all of us,” added Kheir.

 

 

Many of the plaintiffs received fines of up to $8,500 and continue to face prosecution for those fines. Those who failed or refused to use ArriveCAN could face a maximum fine of $750,000 or be imprisoned for up to 6 months, or both.

He called the measure an “unprecedented requirement” for Canadians to enter Canada.

On September 30, 2022, the federal government brought a motion to strike the case claiming the ArriveCAN requirement is now ‘moot.’

Lawyers for the applicants argued a decision from the Federal Court would resolve the constitutional arguments clogging lower courts, where prosecutions of Canadians who did not use the app are proceeding nationwide.

On March 16, a Federal Court Justice dismissed the challenge because pandemic measures and mandatory quarantining no longer existed, deciding not to exercise its discretion to hear moot cases.

The Federal Court of Appeal heard the appeal on June 13, deciding not to overturn the decision due to mootness.

 

 

Ottawa launched the expensive ArriveCAN app in April 2020 as an alleged pandemic management tool. They claimed it would streamline the border-crossing process by allowing travellers to upload quarantine details.

The app costs totalled $54 million, prompting the Commons to vote last November 2 for a special spending audit. Results are pending.

“We know this was a huge waste of our money,” said Conservative leader Pierre Poilievre. “The government spent $54 million on an app that could have been developed over a single weekend for $250,000.”

“Moreover, we know the app was unnecessary,” he said. “Canadians have been able to cross the border without it for decades. Why did this app suddenly become necessary?”

Prime Minister Justin Trudeau asked the Clerk of the Privy Council earlier this year to review the ArriveCAN contracts and subcontracts tied to the two-person staffing firm tasked with its development and maintenance.

 

 

GCstrategies — the Ottawa-based company that received millions in federal commissions on IT projects — subcontracted its work on the ArriveCan app to six other companies, including multinationals such as BDO and KPMG. The firm typically billed Ottawa between $1,000 to $1,500 per worker daily.

Trudeau faced questions on why the federal government couldn’t hire these IT companies directly instead of paying millions in commissions to the two-person staffing company.

“That’s exactly the question I asked of the public service,” he said. “This is a practice that seems highly illogical and inefficient.”

Since October 1, only a tenth of Canadian air travellers have used the ‘highly illogical’ Arrive CAN app to provide proof of vaccination.

In an Inquiry by Ministry tabled in the House of Commons, Public Safety Canada disclosed that of 9.97 million air travellers who entered Canada in the first quarter of the year, only 1.13 million used the ArriveCAN app or 11% of travellers.

 

 

At international airports in Edmonton, Winnipeg and Ottawa, usage rates fell as low as “less than one percent” for the voluntary program, reported Blacklock’s Reporter.

While Cabinet justified ArriveCAN as a ‘time saver’ for travellers, the Agency confirmed it saved them “about five minutes” at border crossings.

The Justice Centre has since filed a separate civil suit for Canadians fined or forced into quarantine for refusing to disclose their vaccine status through ArriveCAN in February.

“Privacy of Canadians is one of the fundamental rights our Charter protects,” said Kheir.

The lawsuit alleges the federal government owes the plaintiffs for monetary damages caused by forced compliance to use the app.

Jul 222023
 

Sandra speaking:  Sydney Fizzard (the journalist) asks the right questions and goes to the right places for answers.

EGREGIOUS to me:  the issue of “DISCLOSURE” by the crown.  Important principles in a justice system.   The exchange between Sydney and Chad Williamson is worth listening to.  Click on the big picture below; the link takes you to the Rebel News website.  Click again to hear the interview.  To return to my blog, use a back arrow.  /S

 

Sydney Fizzard, Rebel News

Anthony Olienick, Chris Carber, Chris Lysak, and Jerry Morin were arrested in February 2022 at the Coutts border blockade, where truckers and farmers blocked the Alberta-Montana border in protest of Canada’s draconian COVID requirements and vaccine mandates.

The four are facing charges of conspiracy and were denied bail last year. They are expected to be back in court on July 25, 2023, for what should be a pre-trial hearing. They have been behind bars for 523 days, with no guilty verdict!

Is this considered a violation of their right to timely access to justice? How common is it to be held in pre-trial custody for that length of time?

I spoke with Chad Williamson of Williamson Law, who has assisted The Democracy Fund in the legal defence of many who were charged or ticketed during the Coutts Blockade, to get some answers to these questions and more.

Although he’s not representing any of the four accused, Chad did give us some important insight into the judicial system.

Click here to learn more about this case:

Chad explained that being held in pre-trial custody for over 500 days is exceedingly rare and typically reserved for the most heinous and shocking crimes. 

“We are seeing people who are engaged in civil disobedience, public protest, peaceful assembly, and a whole bunch of other acts that are protected and enshrined in our Charter being withheld bail, while we’ve got folks who are dangerous criminals getting out and stabbing people on public transit and getting out of jail… it’s an affront to justice,” he said.

It seems that the Canadian justice system is extra harsh on anyone who dares take a peaceful stand against the government, even to the point of violating their rights, but is extremely lenient regarding actual injustice.

Have you noticed this as well?

Jul 172023
 
Every time I hear that NATO wants MORE money from its member nations I want to take to the streets in defiance.
Warm up with this from TomDispatch.  It’s for an American audience, published by Children’s Health Defense.  Sweet sanity.
02/02/23

U.S. Military Industrial Complex Is ‘Choking Democracy’ — How Do We Stop It?

America’s founders were profoundly skeptical of large militaries, of entangling alliances with foreign powers and of permanent wars, according to Bill Astore, a “card-carrying member” of the military-industrial complex, who warns: “So should we all be.”

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By William Astore

My name is Bill Astore and I’m a card-carrying member of the military-industrial complex, or MIC.

Sure, I hung up my military uniform for the last time in 2005. Since 2007, I’ve been writing articles for TomDispatch focused largely on critiquing that same MIC and America’s permanent war economy.

I’ve written against this country’s wasteful and unwise wars in Iraq and Afghanistan, its costly and disastrous weapons systems and its undemocratic embrace of warriors and militarism.

Nevertheless, I remain a lieutenant colonel, if a retired one. I still have my military ID card, if only to get on bases, and I still tend to say “we” when I talk about my fellow soldiers, Marines, sailors and airmen (and our “guardians,” too, now that we have a Space Force).

So, when I talk to organizations that are antiwar, that seek to downsize, dismantle, or otherwise weaken the MIC, I’m upfront about my military biases even as I add my own voice to their critiques.

Of course, you don’t have to be antiwar to be highly suspicious of the U.S. military.

Senior leaders in “my” military have lied so often, whether in the Vietnam War era of the last century or in this one about “progress” in Iraq and Afghanistan, that you’d have to be asleep at the wheel or ignorant not to have suspected the official story.

Yet I also urge antiwar forces to see more than mendacity or malice in “our” military.

It was retired general and then-President Dwight D. Eisenhower, after all, who first warned Americans of the profound dangers of the military-industrial complex in his 1961 farewell address.

Not enough Americans heeded Eisenhower’s warning then and, judging by our near-constant state of warfare since that time, not to speak of our ever-ballooning “defense” budgets, very few have heeded his warning to this day. How to explain that?

Well, give the MIC credit. Its tenacity has been amazing. You might compare it to an invasive weed, a parasitic cowbird (an image I’ve used before), or even a metastasizing cancer.

As a weed, it’s choking democracy; as a cowbird, it’s gobbling up most of the “food” (at least half of the federal discretionary budget) with no end in sight; as a cancer, it continues to spread, weakening our individual freedoms and liberty.

Call it what you will. The question is: How do we stop it?

I’ve offered suggestions in the past; so, too, have writers for TomDispatch like retired Army Colonel Andrew Bacevich and retired Army Major Danny Sjursen, as well as William Hartung, Julia Gledhill and Alfred McCoy among others.

Despite our critiques, the MIC grows ever stronger. If Eisenhower’s warning wasn’t eye-opening enough, enhanced by an even more powerful speech, “Beyond Vietnam,” by Martin Luther King, Jr., in 1967, what could I and my fellow TomDispatch writers possibly say or do to make a difference?

Maybe nothing, but that won’t stop me from trying. Since I am the MIC, so to speak, maybe I can look within for a few lessons that came to me the hard way (in the sense that I had to live them). So, what have l learned of value?

War racketeers enjoy their racket

In the 1930s, Smedley Butler, a Marine general twice decorated with the Medal of Honor, wrote a book entitled, “War Is a Racket.” He knew better than most since, as he confessed in that volume when he wore a military uniform, he served as “a racketeer, a gangster for capitalism.”

And the corporate-driven racket he helped enable almost a century ago by busting heads from the Caribbean to China was small-scale indeed compared to today’s thoroughly global one.

There’s an obvious lesson to be drawn from its striking endurance, never-ending enlargement and distinct engorgement in our moment (even after all those lost wars it fought): the system will not reform itself.

It will always demand and take more — more money, more authority, more power.

It will never be geared for peace. By its nature, it’s authoritarian and distinctly less than honorable, replacing patriotism with service loyalty and victory with triumphant budgetary authority.

And it always favors the darkest of scenarios, including at present a new cold war with China and Russia, because that’s the best and most expedient way for it to thrive.

Within the military-industrial complex, there are no incentives to do the right thing.

Those few who have a conscience and speak out honorably are punished, including truth-tellers in the enlisted ranks like Chelsea Manning and Daniel Hale. Even being an officer doesn’t make you immune.

For his temerity in resisting the Vietnam War, David M. Shoup, a retired Marine Corps general and Medal of Honor recipient was typically dismissed by his peers as unbalanced and of questionable sanity.

For all the talk of “mavericks,” whether in Top Gun or elsewhere, we — there’s that “we” again (I can’t help myself!) — in the military are a hotbed of go-along-to-get-along conformity.

Recently, I was talking with a senior enlisted colleague about why so few top-ranking officers are willing to speak truth to the powerless (that’s you and me) even after they retire. He mentioned credibility.

To question the system, to criticize it, to air dirty laundry in public is to risk losing credibility within the club and so to be rejected as a malcontent, disloyal, even “unbalanced.”

Then, of course, that infamous revolving door between the military and giant weapons makers like Boeing and Raytheon simply won’t spin for you.

Seven-figure compensation packages, like the one current Secretary of Defense Lloyd Austin gained from Raytheon after his retirement as an Army general, won’t be an option.

And in America, who doesn’t want to cash in while gaining more power within the system?

Quite simply, it pays so much better to mouth untruths, or at least distinctly less-than-full-truths, in service to the powerful.

And with that in mind, here, at least as I see it, are a few full truths about my old service, the U.S. Air Force, that I guarantee you I won’t be applauded for mentioning.

How about this as a start: that the production of F-35s — an overpriced “Ferrari” of a fighter jet that’s both too complex and remarkably successful as an underperformer — should be canceled (savings: as much as $1 trillion over time); that the much-touted new B-21 nuclear bomber isn’t needed (savings: at least $200 billion) and neither is the new Sentinel Intercontinental Ballistic Missile (savings: another $200 billion and possibly the entire Earth from doomsday); that the KC-46 tanker is seriously flawed and should be canceled (savings: another $50 billion).

Now, tote it up. By canceling the F-35, the B-21, the Sentinel and the KC-46, I singlehandedly saved the American taxpayer roughly $1.5 trillion without hurting America’s national defense in the least. But I’ve also just lost all credibility (assuming I had any left) with my old service.

Look, what matters to the military-industrial complex isn’t either the truth or saving your taxpayer dollars but keeping those weapons programs going and the money flowing.

What matters, above all, is keeping America’s economy on a permanent wartime footing both by buying endless new (and old) weapons systems for the military and selling them globally in a bizarrely Orwellian pursuit of peace through war.

How are Americans, Eisenhower’s “alert and knowledgeable citizenry,” supposed to end a racket like this?

We certainly should know one thing by now: the MIC will never check itself and Congress, already part of it thanks to impressive campaign donations and the like by major weapons makers, won’t corral it either.

Indeed, last year, Congress shoveled $45 billion more than the Biden administration requested (more even than the Pentagon asked for) to that complex, all ostensibly in your name. Who cares that it hasn’t won a war of the faintest significance since 1945.

Even “victory” in the Cold War (after the Soviet Union imploded in 1991) was thrown away. And now the complex warns us of an onrushing “new cold war” to be waged, naturally, at tremendous cost to you, the American taxpayer.

As citizens, we must be informed, willing and able to act. And that’s precisely why the complex seeks to deny you knowledge, precisely why it seeks to isolate you from its actions in this world. So, it’s up to you — to us — to remain alert and involved.

Most of all, each of us must struggle to keep our identity and autonomy as a citizen, a rank higher than that of any general or admiral, for, as we all need to be reminded, those wearing uniforms are supposed to serve you, not vice-versa.

I know you hear otherwise. You’ve been told repeatedly in these years that it’s your job to “support our troops.” Yet, in truth, those troops should only exist to support and defend you, and of course the Constitution, the compact that binds us all together as a nation.

When misguided citizens genuflect before those troops (and then ignore everything that’s done in their name), I’m reminded yet again of Eisenhower’s sage warning that only Americans can truly hurt this country.

Military service may be necessary, but it’s not necessarily ennobling. America’s founders were profoundly skeptical of large militaries, of entangling alliances with foreign powers and of permanent wars and threats of the same. So should we all be.

Citizens United is the answer

No, not that “Citizens United,” not the case in which the Supreme Court decided corporations had the same free speech rights as you and me, allowing them to coopt the legislative process by drowning us out with massive amounts of “speech,” aka dark-money-driven propaganda.

We need citizens united against America’s war machine.

Understanding how that machine works — not just its waste and corruption, but also its positive attributes — is the best way to wrestle it down, to make it submit to the people’s will. Yet activists are sometimes ignorant of the most basic facts about “their” military.

So what? Does the difference between a sergeant major and a major, or a chief petty officer and the chief of naval operations matter? The answer is: yes.

An antimilitary approach anchored in ignorance won’t resonate with the American people. An antiwar message anchored in knowledge could, however. It’s important, that is, to hit the proverbial nail on the head.

Look, for example, at the traction Donald Trump gained in the presidential race of 2015-2016 when he did something few other politicians then dared do: dismiss the Iraq War as wasteful and stupid.

His election win in 2016 was not primarily about racism, nor the result of a nefarious Russian plot. Trump won, at least in part because, despite his ignorance on so many other things, he spoke a fundamental truth — that America’s wars of this century were horrendous blunders.

Trump, of course, was anything but antimilitary. He dreamed of military parades in Washington, D.C. But I (grudgingly) give him credit for boasting that he knew more than his generals and by that I mean many more Americans need to challenge those in authority, especially those in uniform.

Yet challenging them is just a start. The only real way to wrestle the military-industrial complex to the ground is to cut its funding in half, whether gradually over years or in one fell swoop. Yes, indeed, it’s the understatement of the century to note how much easier that’s said than done.

It’s not like any of us could wave a military swagger stick like a magic wand and make half the Pentagon budget disappear.

But consider this: If I could do so, that military budget would still be roughly $430 billion, easily more than China’s and Russia’s combined, and more than seven times what this country spends on the State Department.

As usual, you get what you pay for, which for America has meant more weapons and disastrous wars.

Join me in imagining the (almost) inconceivable — a Pentagon budget cut in half. Yes, generals and admirals would scream and Congress would squeal.

But it would truly matter because, as a retired Army major general once told me, major budget cuts would force the Pentagon to think — for once.

With any luck, a few sane and patriotic officers would emerge to place the defense of America first, meaning that hubristic imperial designs and forever wars would truly be reined in because there’d simply be no more money for them.

Currently, Americans are giving the Pentagon all it wants — plus some. And how’s that been working out for the rest of us? Isn’t it finally time for us to exercise real oversight, as Eisenhower challenged us to do in 1961?

Isn’t it time to force the Pentagon to pass an audit each year — it’s failed the last five — or else cut its budget even more deeply?

Isn’t it time to hold Congress truly responsible for enabling ever more war by voting out military sycophants?

Isn’t it time to recognize, as America’s founders did, that sustaining a vast military establishment constitutes the slow and certain death of democracy?

Just remember one thing: the military-industrial complex won’t reform itself. It just might have no choice, however, but to respond to our demands, if we as citizens remain alert, knowledgeable, determined and united.

And if it should refuse to, if the MIC can’t be tamed, whether because of its strength or our weakness, you will know beyond doubt that this country has truly lost its way.

Originally published by TomDispatch.

William J. Astore is a retired lieutenant colonel of the U.S. Air Force, who has taught at the Air Force Academy, the Naval Postgraduate School and taught history at the Pennsylvania College of Technology.

The views and opinions expressed in this article are those of the authors and do not necessarily reflect the views of Children’s Health Defense.

Jul 152023
 
  • People stepping up to the plate.  They’re speaking out because they’re worried.  That’s the pattern.    (I just want to keep track.  I don’t have time at the moment to write up more.)   The film “Final Account” (Netflix).  A series of interviews of older people who played a role in the Nazi machinery.  If you get off to a weak start with this film,  I recommend that you stick with it.  It’s inciteful.   I have not before seen a film from this perspective.   The interviewer cuts to the chase.

    From one interviewee:  “Monsters exist, but they are too few in number to be truly dangerous.  More dangerous are the common men, the functionaries ready to believe and to act without asking questions.”

    Hannah Arendt’s observations from the trial of Adolph Eichmann, “The Banality of Evil”, the wording a bit different.

 

(the link will take you off my blog.  Use a backward arrow to return.)
22:28  minutes
Josef Lewkowicz survived several camps during the Holocaust. Now 96, he’s telling his story in a new memoir, The Survivor: How I Survived Six Concentration Camps and Became a Nazi Hunter.
Aired: May 25, 2023
Jul 142023
 

15 postings listed at bottom.

If you have time for only one posting,  make it #1 under the FOR YOUR SELECTION links at bottom:   2023-07-09 (covid mandates) The Appeal made to the EU Parliament regarding the Artur Pawlowski case in Alberta

There were  remaining charges related to the Coutts blockade.  “Mischief”,  deemed to be criminal, drawing up to ten years in jail if found guilty.  Lethbridge Provincial Court found Pawlowski guilty (again).

Pawlowski is to be sentenced on August 9th in Lethbridge.  Come to Lethbridge if you possibly can.  I’m going.

The use of the Justice system to silence citizens has to be stopped.   You get a fair trial.   It’s not fair if you have to pay literally a million dollars in lawyer bills to get to an Appeal Court to establish your innocence.   And then have to start over again in a Provincial Court with charges of mischief, looking at potentially 10 years in jail.   I don’t know how else to see it:  Political Prisoners.   See the posting.

  I don’t care if Pawlowski is a pastor, a preacher, a rabbi, or a cabinet maker.  See the fuller story.  This should not be happening in Canada.

Sentencing at 11am on August 9th @ Court of King’s Bench, 320 4 St S, Lethbridge, AB.  I will be there.

 

The previous “For your Selection” was  2023-04 & -05    A Set  

In FOLLOW-UP to   Report #1 on Vaccine Injuries and deaths:  $$ Paid Out  (Canada).  

See  2023-06 Covid VISP REPORT #2

$6,695,716   This is the total amount of indemnities (compensation) paid out.   I recommend you acquaint yourself with the details.  The Report is an ADMINISTRATIVE report:  it reports on the status of the claims in the system.

A distinguishing feature of the Canadian reporting system which is from our Health system.  But it doesn’t report on the HEALTH-related data.  As far as I can see,  there is no data that allows for an analysis of the efficacy of the vaccines, their contribution to our health full ness.  We paid billions.  We get reports on the ADMINISTRATION and not the efficacy?

Report #1 includes:

THE LETHBRIDGE WOMAN.

To me the devastation of this woman, her family, and the family finances was almost complete.  But people are amazing.  The lady went from full health to  minimal capabilities.  But!  she knows something that not many know:  how to access what help is available through the Federal Govt (Canada – – VISP).   She is determined to share that information, and to connect others like herself in whatever ways she is able to help.  (Keeping in mind that her ability to function has been permanently and severely compromised by the vaccinations.)  I wonder if I would do what she is doing, or would I cry in despair and isolation?)

POSTED SINCE JULY  12th:  

Click on www.sandrafinley.ca.  The updates are at the top.  Just click to see the full posting.    

  1. Updates on lawsuit at Federal Court of Appeal, ArriveCan App.   (Remember the $54 million dollar price tag?)
  • Not good news:  lower court decision was upheld (“Mootness” of the ArriveCan App).
  • Good news:  the JCCF was “disappointed” by the decision.  “The decision will be reviewed thoroughly, and an update will be provided in due course with respect to potential next steps.”
  1. Sydney Fizzard  interviews lawyer Chad Williamson about principles of a Justice System.  Prompted by the 4 men held in jail for 500+ days, denied bail.  Sydney does a nice job of drawing out the egregious practice (to me) of bastardizing the role of DISCLOSURE in lawsuits.

– – – – – – – – – – – –

FOR YOUR SELECTION
  1. 2023-07-09 (covid mandates) The Appeal made to the EU Parliament regarding the Artur Pawlowski case in Alberta
  2. Marjaleena Repo  2023-07-11 Covid Court Case from April 2021: 84-year-old Protestor of mandated masks for children, Saskatoon – – the court fines her $1,400
  3. 2023-07-09 The Story of Pfizer Inc. – A Case Study in Pharmaceutical Empire and Corporate Corruption, video version by Dr. Sam Bailey
  4. 2023-06-30 the end of voting integrity in Saskatchewan
  5. 2008-03-07  Electronic Voting.  Defense Contractor to Buy Diebold (Premier) Election Systems. 
  6. 2023-07-13   A killer gathering. 15,000 oil industry executives, lobbyists, princes and politicians swooped into Vancouver . . . for the world’s largest fossil fuel conference, LNG 2023.
  7. 2023-06-26 Child Welfare Services in New Brunswick related to the System of Governance
  8. 2023-06-20 Throwing More Money at the Pentagon. Lockheed Martin . . Lockheed Martin, the biggest, got a staggering 73% of its $66 billion in net sales from the (U.S.) government in 2022.
  9. 2023-04 The political persecution of Julian Assange, Jo Dyer
  10. 2022-11-13 U.S. Military and funding of mining projects in Canada, CBC News
  11. 2023-04-15 Cryptogram, from Bruce Schneier
  12. 2023-05-30 World Health Organization (WHO) and civil liberties,  from Reclaim the Net
  13. 2023-07-10 Security of my blog – – today’s Facebook experience.
  14. 2021-11-03 re faith put in the Courts to uphold Charter Rights,
  15. And don’t forget,  2023-06 Covid VISP REPORT #2 (Vaccine Injuries, Deaths, and Dollars paid out. Canada)    $6,695,716 up to June 01, 2023