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Charges against couple who refused to quarantine withdrawn

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With permission from the Justice Centre for Constitutional Freedoms

 

MISSISSAUGA, ON: The Justice Centre for Constitutional Freedoms is pleased to announce that the charges against an Ontario couple who refused to stay in a quarantine hotel have been withdrawn by Crown prosecutors.

Audrey and Douglas Davies departed Canada for Florida in January 2021. On June 26, 2021, they returned to Canada through the Toronto Pearson International Airport but were charged with breaching the Quarantine Act for refusing to stay in a quarantine hotel. Mr. and Mrs. Davies immediately completed a form on the reverse of their ticket, requesting an early resolution meeting with prosecutors.

It was not until June 2, 2023 (almost 24 months later), that a notice of an early resolution meeting was signed by the Court Clerk of the Ontario Court of Justice. The early resolution meeting occurred on July 20, 2023. At the meeting, the Davies’ lawyer expressed concern with the delay, citing Section 11(b) of the Canadian Charter of Rights and Freedoms, which states that “[a]ny person charged with an offence has the right to be tried within a reasonable time.” The Crown nonetheless insisted on prosecuting the case.

According to the Supreme Court of Canada’s decision in R v. Jordan, trials for cases in Provincial Courts must be completed within 18 months of charges being laid. If trials are not completed within 18 months, prejudice is assumed, and a stay of charges will result, barring exceptional circumstances or delays caused by the accused. From approximately March 2020 to April 2022, however, the division of the Ontario Provincial Court dealing with the Provincial Offences Act was closed to in-person proceedings, even though other divisions of Provincial Courts had been open. Remarkable and lengthy closures like those affecting the Davies were considered to be “exceptional circumstances” and did not, therefore, count toward the 18-month threshold.

On August 14, 2023, lawyer Chris Fleury sent a letter to the Crown, reiterating the Davies’ concerns regarding the delay and demanding that the matter move forward as quickly as possible. On August 30, 2023, the Crown informed Mr. Fleury that the charges against Mr. and Mrs. Davies had been withdrawn.

Lawyer Chris Fleury, whose efforts on behalf of Mr. and Mrs. Davies have been supported by the Justice Centre, stated, “This is a bittersweet result for the Davies. It is an excellent outcome for them personally. But, it is frustrating for Canadians who will not get to challenge Ontario’s decision to keep Provincial Offences Courts closed, while all other Ontario courts were open. We were looking forward to challenging established case law and ensuring that section 11(b) of the Charter is enforced consistently across the Provincial Courts.”

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COVID-19

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

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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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Australian doctor who criticized COVID jabs has his suspension reversed

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From LifeSiteNews

By David James

‘I am free, I am no longer suspended. I can prescribe Ivermectin, and most importantly – and this is what AHPRA is most afraid of – I can criticize the vaccines freely … as a medical practitioner of this country,’ said COVID critic Dr. William Bay.

A long-awaited decision regarding the suspension of the medical registration of Dr William Bay by the Medical Board of Australia has been handed down by the Queensland Supreme Court. Justice Thomas Bradley overturned the suspension, finding that Bay had been subject to “bias and failure to afford fair process” over complaints unrelated to his clinical practice.

The case was important because it reversed the brutal censorship of medical practitioners, which had forced many doctors into silence during the COVID crisis to avoid losing their livelihoods.

Bay and his supporters were jubilant after the decision. “The judgement in the matter of Bay versus AHPRA (Australian Health Practitioner Regulation Agency) and the state of Queensland has just been handed down, and we have … absolute and complete victory,” he proclaimed outside the court. “I am free, I am no longer suspended. I can prescribe Ivermectin, and most importantly – and this is what AHPRA is most afraid of – I can criticize the vaccines freely … as a medical practitioner of this country.”

Bay went on: “The vaccines are bad, the vaccines are no good, and people should be afforded the right to informed consent to choose these so-called vaccines. Doctors like me will be speaking out because we have nothing to fear.”

Bay added that the judge ruled not only to reinstate his registration, but also set aside the investigation into him, deeming it invalid. He also forced AHPRA to pay the legal costs. “Everything is victorious for myself, and I praise God,” he said.

The Australian Health Practitioner Regulation Agency (AHPRA), which partners the Medical Board of Australia, is a body kept at arm’s length from the government to prevent legal and political accountability. It was able to decide which doctors could be deregistered for allegedly not following the government line. If asked questions about its decisions AHPRA would reply that it was not a Commonwealth agency so there was no obligation to respond.

The national board of AHPRA is composed of two social workers, one accountant, one physiotherapist, one mathematician and three lawyers. Even the Australian Medical Association, which also aggressively threatened dissenting doctors during COVID, has objected to its role. Vice-president Dr Chris Moy described the powers given to AHPRA as being “in the realms of incoherent zealotry”.

This was the apparatus that Bay took on, and his victory is a significant step towards allowing medical practitioners to voice their concerns about Covid and the vaccines. Until now, most doctors, at least those still in a job, have had to keep any differing views to themselves. As Bay suggests, that meant they abrogated their duty to ensure patients gave informed consent.

Justice Bradley said the AHPRA board’s regulatory role did not “include protection of government and regulatory agencies from political criticism.” To that extent the decision seems to allow freedom of speech for medical practitioners. But AHPRA still has the power to deregister doctors without any accountability. And if there is one lesson from Covid it is that bureaucrats in the Executive branch have little respect for legal or ethical principles.

It is to be hoped that Australian medicos who felt forced into silence now begin to speak out about the vaccines, the mandating of which has coincided with a dramatic rise in all-cause mortality in heavily vaccinated countries around the world, including Australia. This may prove psychologically difficult, though, because those doctors would then have to explain why they have changed their position, a discussion they will no doubt prefer to avoid.

The Bay decision has implications for the way the three arms of government: the legislature, the executive and the judiciary, function in Australia. There are supposed to be checks and balances, but the COVID crisis revealed that, when put under stress, the separation of powers does not work well, or at all.

During the crisis the legislature routinely passed off its responsibilities to the executive branch, which removed any voter influence because bureaucrats are not elected. The former premier of Victoria, Daniel Andrews, went a step further by illegitimately giving himself and the Health Minister positions in the executive branch, when all they were entitled to was roles in the legislature as members of the party in power. This appalling move resulted in the biggest political protests ever seen in Melbourne, yet the legislation passed anyway.

The legislature’s abrogation of responsibility left the judiciary as the only branch of government able to address the abuse of Australia’s foundational political institutions. To date, the judges have disappointed. But the Bay decision may be a sign of better things to come.

READ: Just 24% of Americans plan to receive the newest COVID shot: poll

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