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Fraud and Abuse Denied EI Claims for the Unvaccinated

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From the Frontier Centre for Public Policy

By Lee Harding

Should Canadians who lost their jobs over vaccine mandates have been denied Employment Insurance? Certified financial examiner Lex Acker says no, and that $12.9 billion of EI should have been paid out.

Acker presented his findings June 2 in Regina at the National Citizens Inquiry on COVID-19. His wife, a Nanaimo, BC nurse not named in his testimony, lost her job due to non-compliance with vaccine mandates.

Late in 2021, federal Employment Minister Carla Qualtrough announced that unvaccinated employees would be denied Employment Insurance (EI), but Acker’s wife applied just the same.

According to Acker, a subsequent appeal included a reference to a Supreme Court ruling in which medical coercion was found to equate to assault. An EI agent admitted to Acker that the appeal “got everyone’s attention” at the federal agency but was denied anyway.

Acker applied for all documentation related to the decision and received 1200 pages. Included was a 12-page document entitled BE Memo 2021-10, which directed EI agents on how to administer claims for the unvaccinated.

“The memorandum is not linked to any legislative or regulatory amendments,” the memo explained.

Given the minister’s announcement all such cases would be denied, the memo seems little more than pretense, despite its apparent departure from normal practice.

The memo mandated three requirements to establish a finding of misconduct for an applicant.

  1. “The employer has adopted and communicated a clear mandatory vaccination policy to all affected employees;”
  2. “The employees are aware that the failure to comply with the policy would cause a loss of employment;”
  3. “The application of the policy to the employee is reasonable within the workplace context.”

According to the response to Acker’s wife, which Acker included in a sworn affadavit, the EI agent on the case asked the Vancouver Island Health Authority for the appropriate documentation. The Ei agent noted such documentation was never received, yet denied the claim with the words, “Misconduct proven.”

The EI memo explicitly stated that claimants could still bring Charter arguments forward. Then again, the memo also validated an “employer’s professional expectations,” an apparent veiled reference to vaccination. The memo explained that it was not enough for applicants to say they suffered “discrimination.” Instead, ”the client must be able to demonstrate how they were discriminated against and on what grounds.”

It’s not clear how that would happen if the minister directed all applications to be refused.

Remarkably, the EI agent in Acker’s case acknowledged stated arguments against the safety and efficacy of the vaccines, but said assessing such judgments was beyond the scope of an EI agent, as were “Charter Rights violation arguments.” The agent told Acker to turn to “the Courts, Human Rights Commission, Labour Standards” instead.

The memo said that claimants citing a religious exemption had to show “a clear link” with proof “that the client’s religion is preventing them from being vaccinated” but not use a Bible or Qu’ran.

“[T]he interpretation of sacred texts by the client themselves must not be seen as a particular practice required by their faith,” the memo explained.

The employer also had wide discretion on what medical exemptions to accept.

“In some cases, the employer can refuse to accept a medical certificate because it does not meet the conditions of the employer’s mandatory vaccination policy,” the memo explained.

“However, the client could have another credible medical reason, such as a mental illness or other condition justifying their refusal.”

If the suggestion mental illness could have contributed to vaccine refusals isn’t biased, then what is?

On Substack, Acker estimated a 9.7% termination rate from positions in B.C. Health, based on vacant positions. His analysis of employer pension contributions suggested similar termination rates of 8.6% to 11.5%.

Acker extrapolated these vaccination and employment rates, and the average EI payout of $26,000, to estimate that unvaccinated Canadians forfeited $12.9 billion in EI claims.

A lay perusal of the criminal code by the analyst suggested potential avenues for litigation, such as fraud, breach of trust by a public officer, and disobeying a statute. Tort for misfeasance in public office might also be a civil remedy.

Acker said the EI rejections were due to systemic fraud and abuse, and he has made a good case. Canadians bemoaning the failed government response to the pandemic have yet another reason to demand accountability.

 

Lee Harding is a Research Fellow at the Frontier Centre for Public Policy

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COVID-19

New report warns Ottawa’s ‘nudge’ unit erodes democracy and public trust

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Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms has released a new report titled Manufacturing consent: Government behavioural engineering of Canadians, authored by veteran journalist and researcher Nigel Hannaford. The report warns that the federal government has embedded behavioural science tactics in its operations in order to shape Canadians’ beliefs, emotions, and behaviours—without transparency, debate, or consent.

The report details how the Impact and Innovation Unit (IIU) in Ottawa is increasingly using sophisticated behavioural psychology, such as “nudge theory,” and other message-testing tools to influence the behaviour of Canadians.

Modelled after the United Kingdom’s Behavioural Insights Team, the IIU was originally presented as an innocuous “innovation hub.” In practice, the report argues, it has become a mechanism for engineering public opinion to support government priorities.

With the arrival of Covid, the report explains, the IIU’s role expanded dramatically. Internal government documents reveal how the IIU worked alongside the Public Health Agency of Canada to test and design a national communications strategy aimed at increasing compliance with federal vaccination and other public health directives.

Among these strategies, the government tested fictitious news reports on thousands of Canadians to see how different emotional triggers would help reduce public anxiety about emerging reports of adverse events following immunization. These tactics were designed to help achieve at least 70 percent vaccination uptake, the target officials associated with reaching “herd immunity.”

IIU techniques included emotional framing—using fear, reassurance, or urgency to influence compliance with policies such as lockdowns, mask mandates, and vaccine requirements. The government also used message manipulation by emphasizing or omitting details to shape how Canadians interpreted adverse events after taking the Covid vaccine to make them appear less serious.

The report further explains that the government adopted its core vaccine message—“safe and effective”—before conclusive clinical or real-world data even existed. The government then continued promoting that message despite early reports of adverse reactions to the injections.

Government reliance on behavioural science tactics—tools designed to steer people’s emotions and decisions without open discussion—ultimately substituted genuine public debate with subtle behavioural conditioning, making these practices undemocratic. Instead of understanding the science first, the government focused primarily on persuading Canadians to accept its narrative. In response to these findings, the Justice Centre is calling for immediate safeguards to protect Canadians from covert psychological manipulation by their own government.

The report urges:

  1. Parliamentary oversight of all behavioural science uses within federal departments, ensuring elected representatives retain oversight of national policy.
  2. Public disclosure of all behavioural research conducted with taxpayer funds, creating transparency of government influence on Canadians’ beliefs and decisions.
  3. Independent ethical review of any behavioural interventions affecting public opinion or individual autonomy, ensuring accountability and informed consent.

Report author Mr. Hannaford said, “No democratic government should run psychological operations on its own citizens without oversight. If behavioural science is being used to influence public attitudes, then elected representatives—not unelected strategists—must set the boundaries.”

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Freedom Convoy protestor Evan Blackman convicted at retrial even after original trial judge deemed him a “peacemaker”

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Evan Blackman and his son at a hockey game 

Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that peaceful Freedom Convoy protestor Evan Blackman has been convicted of mischief and obstructing a peace officer at the conclusion of his retrial at the Ontario Court of Justice, despite being fully acquitted on these charges at his original trial in October 2023.

The Court imposed a conditional discharge, meaning Mr. Blackman will have no jail time and no criminal record, along with 12 months’ probation, 122 hours of community service, and a $200 victim fine surcharge.

The judge dismissed a Charter application seeking to have the convictions overturned on the basis of the government freezing his bank accounts without explanation amid the Emergencies Act crackdown in 2022.

Lawyers funded by the Justice Centre had argued that Mr. Blackman acted peacefully during the enforcement action that followed the federal government’s February 14, 2022, invocation of the Emergencies Act. Drone footage entered as evidence showed Mr. Blackman deescalating confrontations, raising his hand to keep protestors back, and kneeling in front of officers while singing “O Canada.” The original trial judge described Mr. Blackman as a “peacemaker,” and acquitted him on all charges, but the Crown challenged that ruling, resulting in the retrial that has now led to his conviction.

Mr. Blackman was first arrested on February 18, 2022, during the police action to clear protestors from downtown Ottawa. Upon his release that same day, he discovered that three of his personal bank accounts had been frozen under the Emergency Economic Measures Order. RCMP Assistant Commissioner Michel Arcand later confirmed that 257 bank accounts had been frozen nationwide under the Emergencies Act.

Constitutional lawyer Chris Fleury said, “While we are relieved that Mr. Blackman received a conditional discharge and will not carry a criminal record, we remain concerned that peaceful protestors continue to face disproportionate consequences stemming from the federal government’s response in February 2022.”

“We are disappointed that the Court declined to stay Mr. Blackman’s convictions, which are tainted by the serious infringements of his Charter-protected rights. Mr. Blackman is currently assessing whether he will be appealing this finding,” he added.

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