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COVID-19

Court to hear challenge to Saskatchewan’s Covid gathering limits

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6 minute read

News release from the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that the Saskatchewan Court of Appeal will hear the appeal of Jasmin Grandel and Darrell Mills on Tuesday, February 6, 2024, at 10 AM CT, at 520 Spadina Crescent East, in Saskatoon. Ms. Grandel and Mr. Mills challenge Saskatchewan’s former ban on outdoor gatherings of more than 10 persons as an unjustified violation of their Charter freedom of peaceful assembly and other Charter rights and freedoms.From March 17, 2020, until July 11, 2021, Saskatchewan imposed various prohibitions on outdoor gatherings, including limiting them to only 10 people. At the same time, Saskatchewan allowed more than 10 people to meet indoors. Jasmin Grandel and Darrell Mills attended various peaceful outdoor protests in 2020 and 2021, resulting in hefty fines for violating Public Health Orders.At the time, Jasmin Grandel was a kinesiology student at the University of Regina, with a young son in kindergarten. She was concerned with the inconsistency of the Public Health Orders and with their detrimental psychological and economic effects. She feared that the Orders would negatively impact small businesses, leading to unemployment and poverty for families.Darrell Mills, who also participated in peaceful outdoor protests, is a resident of Saskatoon with 30 years of experience in mechanical construction. He is certified in Mask Fit Testing and trained in supplied air breathing systems. He was concerned about the negative health impacts of improper mask use.While outdoor gatherings were restricted to a maximum of 10 persons for certain periods, the province permitted numerous public indoor gatherings that far exceeded 10 persons. At the same time, Saskatchewan Chief Medical Health Officer Dr. Saqib Shahab stated that “outdoor gatherings while observing physical distancing are better than indoor gatherings.” On June 5, 2020, then-Regina Police Chief Evan Bray, along with many other officers, attended a large Black Lives Matter rally in Regina with hundreds of people, thereby violating existing public health orders and garnering significant media attention. At the time, Saskatchewan Premier Scott Moe said, “…my assumption is that the law enforcement officials have used their judgment with respect to this particular rally…” Dr. Shahab called it a “special event,” and no one was charged with breaching public health orders. Six months later, numerous Saskatchewan residents were charged and prosecuted for violating public health orders because they, like participants in the Black Lives Matter rally, had peacefully protested outdoors.In April 2021, lawyers provided by the Justice Centre filed a constitutional challenge to the restrictions on outdoor gatherings, on behalf of Ms. Grandel and Mr. Mills. The Originating Application challenges these restrictions for violating the Charter freedoms of thought, belief, opinion and expression, association and peaceful assembly. The Application also suggests that pro-freedom protests against government lockdown policies have been especially targeted by law enforcement.At trial, an eminent infectious disease specialist provided expert evidence that outdoor transmission of Covid was negligible, where physical distancing could be practiced and where single-day gatherings with no indoor component could take place. The government did not present evidence that Covid was transmitted at outdoor gatherings. Instead, they relied on the ‘precautionary principle’ put forward by its public health expert that lockdown measures should be taken even if “cause and effect” had not been fully established scientifically.“It appears that lockdown harms were not considered by the government or by the court, when applying this ‘precautionary’ principle. Neither the Saskatchewan government nor the lower court wanted to take precautions against the physical, mental, social, financial and economic harms that lockdowns inflicted on people,” stated John Carpay, president of the Justice Centre. On September 20, 2022, Justice D. B. Konkin of the Court of King’s Bench of Saskatchewan upheld the government’s restrictions on outdoor gatherings as justified violations of Charter freedoms. Justice Konkin assessed only the breach to freedom of expression, representing only one of the various Charter rights alleged to be breached by the Applicants. In his decision, he wrote, “In a state of public health emergency wreaking severe havoc on the health of Saskatchewan residents, Sask [sic] was burdened with the immense task of balancing multiple interests.”Andre Memauri, lawyer for Ms. Grandel and Mr. Mills, stated, “Our infectious disease specialist made it clear at trial that the outdoor transmission of Covid-19 was negligible, much like every other respiratory illness in history. There was no basis for the Saskatchewan government to impose greater restrictions on people’s rights to assemble, express themselves and associate outdoors as opposed to indoors. The rule of law means that laws should be enforced equally, but the Saskatchewan Government encouraged and supported Black Lives Matter protests outdoors in large numbers while ticketing people who six months later protested the violations of their Charter freedoms.”

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COVID-19

Former Trudeau minister faces censure for ‘deliberately lying’ about Emergencies Act invocation

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From LifeSiteNews

By Christina Maas of Reclaim The Net

Trudeau’s former public safety minister, Marco Mendicino, finds himself at the center of controversy as the Canadian Parliament debates whether to formally censure him for ‘deliberately lying’ about the justification for invoking the Emergencies Act.

Trudeau’s former public safety minister, Marco Mendicino, finds himself at the center of controversy as the Canadian Parliament debates whether to formally censure him for “deliberately lying” about the justification for invoking the Emergencies Act and freezing the bank accounts of civil liberties supporters during the 2022 Freedom Convoy protests.

Conservative MP Glen Motz, a vocal critic, emphasized the importance of accountability, stating, “Parliament deserves to receive clear and definitive answers to questions. We must be entitled to the truth.”

The Emergencies Act, invoked on February 14, 2022, granted sweeping powers to law enforcement, enabling them to arrest demonstrators, conduct searches, and freeze the financial assets of those involved in or supported, the trucker-led protests. However, questions surrounding the legality of its invocation have lingered, with opposition parties and legal experts criticizing the move as excessive and unwarranted.

On Thursday, Mendicino faced calls for censure after Blacklock’s Reporter revealed formal accusations of contempt of Parliament against him. The former minister, who was removed from cabinet in 2023, stands accused of misleading both MPs and the public by falsely claiming that the decision to invoke the Emergencies Act was based on law enforcement advice. A final report on the matter contradicts his testimony, stating, “The Special Joint Committee was intentionally misled.”

Mendicino’s repeated assertions at the time, including statements like, “We invoked the Emergencies Act after we received advice from law enforcement,” have been flatly contradicted by all other evidence. Despite this, he has yet to publicly challenge the allegations.

The controversy deepened as documents and testimony revealed discrepancies in the government’s handling of the crisis. While Attorney General Arif Virani acknowledged the existence of a written legal opinion regarding the Act’s invocation, he cited solicitor-client privilege to justify its confidentiality. Opposition MPs, including New Democrat Matthew Green, questioned the lack of transparency. “So you are both the client and the solicitor?” Green asked, to which Virani responded, “I wear different hats.”

The invocation of the Act has since been ruled unconstitutional by a federal court, a decision the Trudeau government is appealing. Critics argue that the lack of transparency and apparent misuse of power set a dangerous precedent. The Justice Centre for Constitutional Freedoms echoed these concerns, emphasizing that emergency powers must be exercised only under exceptional circumstances and with a clear legal basis.

Reprinted with permission from Reclaim The Net.

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COVID-19

Freedom Convoy leader Tamara Lich calls out Trudeau in EU Parliament address for shunning protesters

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From LifeSiteNews

By Anthony Murdoch

Speaking as an invited guest, Tamara Lich recounted how during the Freedom Convoy protests in 2022 calling for an end to COVID mandates that authorities treated the protesters like a ‘drug cartel.’

Tamara Lich, leader of Canada’s 2022 Freedom Convoy, was invited to speak before the European Parliament and wasted no time blasting Prime Minister Justin Trudeau for “hiding” from protesters instead of engaging in dialogue as he did with other activist groups.

“We have politicians calling us terrorists, domestic terrorists, racists, even accusing us of trying to burn down an apartment building,” she said during her address.

“This is not the Canada I grew up in.”

Lich was a guest at the EU Parliament by the Europe of Sovereign Nations group, which is a right-of-center faction. She was joined alongside MEP Christine Anderson to speak to the parliament located in Strasbourg, France.

Lich recounted how during the Freedom Convoy protests, which took place in January and February 2022 in Ottawa calling for an end to COVID mandates, authorities treated the protesters like a “drug cartel.”

“Our prime minister ran away and hid and refused to even send anyone out to talk to us. … As a matter of fact, he even said that he’s attended protests before but only those that he supports,” she said.

“In my opinion, the leader of a country leads all of their people, not just the ones who believe in the same ideology. That is his job, and he failed us. They all failed us.”

Lich in a later social media post to X noted how it was a “privilege and an honour to speak to the Europe of Sovereign Nations Group this evening about the treatment of hard-working, blue-collar Canadians and the brave truckers who stood up for all of us.”

“I was able to speak about the current political climate in Canada, the censorship of our media, lawfare and political prisoners (our beloved Coutts boys) and the freezing of bank accounts without Parliamentary oversight or court order from a judge among many other concerning and important issues we are facing as Canadians under this current regime,” Lich said. “Thank you to Madam Christine Anderson and the ESN Group for this amazing opportunity. I will never forget it.”

Lich still faces up to 10 years in jail for protesting government COVID mandates

Lich and co-leader Chris Barber’s trial concluded in September, more than a year after it began. It was originally scheduled to last 16 days.

As reported by LifeSiteNews, Lich and Barber’s verdict will be announced on March 12.

Lich and Barber face a possible 10-year prison sentence. LifeSiteNews reported extensively on their trial.

During Lich’s speech, Lich noted how she was thankful for “support” Canadians showed to the Freedom Convoy “in the form of donations which were that we were going to receive.”

“We honestly thought we would just drive there, you know a small group of us,” she said. “But what we saw, as you guys obviously did too, on the sides of the roads and on the overpasses, was an overwhelming number of Canadians out there to support us who finally felt hope for the first time in years. Who finally felt proud to be Canadian for the first time in years.”

The $24 million raised by GoFundMe was frozen on the orders of the government.

“The first GoFundMe campaign that we started was taking in $1 million a day as we travelled across the country. (It) was frozen after the politicians contacted GoFundMe and told them that we were ‘domestic terrorists’ and that they were ‘fighting terrorism,’” Lich said.

She recounted how the problems facing Canada under the Trudeau government are not just an issue at home but around the world.

“This is what they are trying to do,” said Lich, adding, “I see it everywhere, it’s to demoralize and bankrupt you, but I’m here to tell you that they picked on the wrong woman, and we’ll keep fighting.”

In early 2022, thousands of Canadians from coast to coast came to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government invoked the Emergencies Act on February 14. Trudeau revoked the EA on February 23.

The EA controversially allowed the government to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in assemblies the government deemed illegal.

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