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Court to hear Charter challenge to $5,000 ArriveCAN ticket

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From the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that a Notice of Constitutional Question has been filed in the ticket case of Elim Sly-Hooten. Mr. Sly-Hooten’s lawyers, provided by the Justice Centre, have requested a judicial pre-trial to schedule new times, and to agree on witnesses and procedures needed to make Charter arguments. The matter is scheduled to be heard on March 1, 2024, at 3:00 p.m. ET in Courtroom M4, 950 Burnhamthorpe Road West, Mississauga, Ontario. Mr. Sly-Hooten, who lives in British Columbia, returned to Canada from the Netherlands on July 30, 2022. He landed at Toronto’s Pearson International Airport. Once on the ground, he did not use the ArriveCAN app to disclose his Covid vaccination status. It is Mr. Sly-Hooten’s personal belief that this medical information should remain private. While overseas, Mr. Sly-Hooten tested positive for Covid. At Pearson International Airport, he provided Public Health Agency of Canada (PHAC) agents a certificate of recovery given to him by the Government of the Netherlands, proving he had natural immunity to Covid. Because he did not use the ArriveCAN app to disclose his vaccination status, however, Peel Regional Police and Public Health Agency of Canada (PHAC) personnel detained him. In custody, under pressure and without counsel, Mr. Sly-Hooten broke down and revealed his vaccination status. He received a $5,000 ticket for violating the Quarantine Act and was ordered to quarantine in his home for 14 days. At issue in the upcoming trial is whether the federal government can demand personal health information from someone just because they are at the border. Also, the relevance of vaccination status is questionable since it has been shown that vaccination does not affect infections or transmission; the vaccinated and unvaccinated transmit Covid at the same rate. Another issue is whether authorities can arbitrarily order people into detention.  In his defense, Mr. Sly-Hooten cites his Charter section 7 right to liberty, his section 8 right to be protected from unreasonable search and seizure, his section 9 right to be free from arbitrary arrest and detention, and his section 10(b) right to counsel after arrest and detention.  Mr. Sly-Hooten’s Notice of Constitutional Question follows the withdrawal of all charges in a similar ticket case.  Scott Bennett received an ArriveCAN ticket for not using the app at the Pearson International Airport around the time Mr. Sly-Hooten received his, on July 12, 2022. Mr. Bennett joined with ten others who had been fined or ordered into quarantine for not using the ArriveCAN app to launch a legal challenge  on August 24, 2022, commenced by lawyers provided by the Justice Centre. They wanted their tickets and detention declared unconstitutional.  On September 30, 2022, a few weeks after the Justice Centre’s lawyers sued the federal government over the mandatory use of this app, the government discontinued the ArriveCAN app. The court then decided that the constitutional challenge, known as Yates v. Attorney General of Canada, was “moot” (no longer relevant). The court would not hear the case based on its view that, since the app had been discontinued, there was nothing for the court to decide. The court disregarded the fact that the government could bring back the policy at any time. The Federal Court upheld that decision on July 19, 2023, though the Court acknowledged that each person ticketed could raise Charter challenges when fighting their fines. In fact, the federal government itself suggested at the first court hearing that the proper place for a constitutional challenge was when individuals contested their tickets. Based on this, Mr. Bennett, with lawyers provided by the Justice Centre, filed a Notice of Constitutional Question in his case. But when his day in court came, on January 16, 2024, the federal government’s witness failed to appear, and the charges against Mr. Bennett were withdrawn.It is possible that Mr. Sly-Hooten’s trial could meet with a similar fate. Chris Fleury, lawyer for Mr. Sly-Hooten, stated, “The requirement for unvaccinated Canadians to lock themselves in their houses for 14 days following international travel was the height of the federal government’s unscientific and irrational response to Covid. By the summer of 2022, it was widely understood that the vaccines did not stop the spread of Covid, even among vaccinated individuals. Mr. Sly-Hooton’s detention in his own house was entirely arbitrary where it provided no public health or other benefit.” 

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Brownstone Institute

The Most Devastating Report So Far

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From the Brownstone Institute

By Jay BhattacharyaJayanta Bhattacharya 

The House report on HHS Covid propaganda is devastating. The Biden administration spent almost $1 billion to push falsehoods about Covid vaccines, boosters, and masks on the American people. If a pharma company had run the campaign, it would have been fined out of existence.

HHS engaged a PR firm, the Fors Marsh Group (FMG), for the propaganda campaign. The main goal was to increase Covid vax uptake. The strategy: 1. Exaggerate Covid mortality risk 2. Downplay the fact that there was no good evidence that the Covid vax stops transmission.

The propaganda campaign extended beyond vax uptake and included exaggerating mask efficacy and pushing for social distancing and school closures.

Ultimately, since the messaging did not match reality, the campaign collapsed public trust in public health.

The PR firm (FMG) drew most of its faulty science from the CDC’s “guidance,” which ignored the FDA’s findings on the vaccine’s limitations, as well as scientific findings from other countries that contradicted CDC groupthink.

The report details the CDC’s mask flip-flopping through the years. It’s especially infuriating to recall the CDC’s weird, anti-scientific, anti-human focus on masking toddlers with cloth masks into 2022.

President Biden’s Covid advisor Ashish K. Jha waited until Dec. 2022 (right after leaving government service) to tell the country that “[t]here is no study in the world that shows that masks work that well.” What took him so long?

In 2021, former CDC director, Rochelle Walensky rewrote CDC guidance on social distancing at the behest of the national teachers’ union, guaranteeing that schools would remain closed to in-person learning for many months.

During this period, the PR firm FMG put out ads telling parents that schools would close unless kids masked up, stayed away from friends, and got Covid-vaccinated.

In March 2021, even as the CDC told the American people that the vaxxed did not need to mask, the PR firm ran ads saying that masks were still needed, even for the vaxxed. “It’s not time to ease up” we were told, in the absence of evidence any of that did any good.

In 2021, to support the Biden/Harris administration’s push for vax mandates, the PR firm pushed the false idea that the vax stopped Covid transmission. When people started getting “breakthrough” infections, public trust in public health collapsed.

Later, when the FDA approved the vax for 12 to 15-year-old kids, the PR firm told parents that schools could open in fall 2021 only if they got their kids vaccinated. These ads never mentioned side effects like myocarditis due to the vax.

HHS has scrubbed the propaganda ads from this era from its web pages. It’s easy to see why. They are embarrassing. They tell kids, in effect, that they should treat other kids like biohazards unless they are vaccinated.

When the Delta variant arrived, the PR firm doubled down on fear-mongering, masking, and social distancing.

In September 2021, CDC director Walensky overruled the agency’s external experts to recommend the booster to all adults rather than just the elderly. The director’s action was “highly unusual” and went beyond the FDA’s approval of the booster for only the elderly.

The PR campaign and the CDC persistently overestimated the mortality risk of Covid infection in kids to scare parents into vaccinating their children with the Covid vax.

In Aug. 2021, the military imposed its Covid vax mandate, leading to 8,300 servicemen being discharged. Since 2023, the DOD has been trying to get the discharged servicemen to reenlist. What harm has been done to American national security by the vax mandate?

The Biden/Harris administration imposed the OSHA, CMS, and military vax mandates, even though the CDC knew that the Delta variant evaded vaccine immunity. The PR campaign studiously avoided informing Americans about waning vaccine efficacy in the face of variants.

The propaganda campaign hired celebrities and influencers to “persuade” children to get the Covid vax.

I think if a celebrity is paid to advertise a faulty product, that celebrity should be partially liable if the product harms some people.

In the absence of evidence, the propaganda campaign ran ads telling parents that the vaccine would prevent their kids from getting Long Covid.

With the collapse in public trust in the CDC, parents have begun to question all CDC advice. Predictably, the HHS propaganda campaign has led to a decline in the uptake of routine childhood vaccines.

The report makes several recommendations, including formally defining the CDC’s core mission to focus on disease prevention, forcing HHS propaganda to abide by the FDA’s product labeling rules, and revamping the process of evaluating vaccine safety.

Probably the most important recommendation: HHS should never again adopt a policy of silencing dissenting scientists in an attempt to create an illusion of consensus in favor of CDC groupthink.

You can find a copy of the full House report here. The HHS must take its findings seriously if there is any hope for public health to regain public.

Author

Jay Bhattacharya

Dr. Jay Bhattacharya is a physician, epidemiologist and health economist. He is Professor at Stanford Medical School, a Research Associate at the National Bureau of Economics Research, a Senior Fellow at the Stanford Institute for Economic Policy Research, a Faculty Member at the Stanford Freeman Spogli Institute, and a Fellow at the Academy of Science and Freedom. His research focuses on the economics of health care around the world with a particular emphasis on the health and well-being of vulnerable populations. Co-Author of the Great Barrington Declaration.

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COVID-19

Freedom Convoy protester Pat King found guilty on 5 of 9 charges

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From LifeSiteNews

By Anthony Murdoch

While Pat King has been labeled as one of the leaders of the Freedom Convoy by the mainstream media, he is largely considered by those who followed the event to be a tertiary actor.

A Canadian judge has found Pat King, a controversial figure connected to the Freedom Convoy, guilty of a total of five charges related to his involvement in the 2022 protests held in the nation’s capital which called for an end to COVID mandates.  

An Ottawa judge found King guilty of two counts of disobeying a court order, one count of mischief, one count of counselling others to commit mischief, as well as one count of counselling others to obstruct police. 

As reported by the Canadian Press, King was also found not guilty of four other charges, those being three counts of intimidation and one count of obstructing police.  

King’s lawyers had argued that his involvement with the Freedom Convoy was peaceful in nature and did not warrant any of the charges laid against him. 

Crown lawyers claimed that King was one of the main leaders of the Freedom Convoy who played a key role in the month-long protests that took place in January and February of 2022. 

The Crown’s case relied heavily on videos posted to social media, which were shared by King throughout the protests. 

While King has been labeled as one of the leaders of the Freedom Convoy by the mainstream media, he is largely considered by those who followed the event to be a tertiary actor.

For instance, True North’s Andrew Lawton, who wrote a book on the Freedom Convoy, wrote in 2022, “the media keeps calling Pat King the ringleader of the convoy, but in reality, organizers told him to get lost when they realized he was toxic.” 

In 2022, King was granted bail after spending five months in jail for his involvement with the protests. He had to pay a $25,000 fine and was banned from speaking to other Freedom Convoy members and was placed under curfew. 

In late February that same year, King was denied bail by a judge. He was arrested on February 18 and was charged with various offenses, including mischief and counseling to commit mischief. 

As it stands now, the Freedom Convoy’s actual main leaders, Tamara Lich and Chris Barber, are awaiting their fate in their trial for their involvement in the 2022 protests. As reported by LifeSiteNews, Lich and Barber face a possible 10-year prison sentence for their role in the 2022 Freedom Convoy. 

As reported by LifeSiteNews, some protesters charged for participating the Freedom Convoy have seen their charges dropped.  

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, Prime Minister Justin Trudeau’s government enacted 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. 

COVID vaccine mandates, which also came from provincial governments with the support of the federal government, split Canadian society. The mRNA shots have been linked to a multitude of negative and often severe side effects in children. 

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