COVID-19
Peckford: Hallelujah! Supreme Court of Canada to hear Newfoundland and Labrador charter case
From the Frontier Centre for Public Policy
This will allow the SCC to address novel questions about the scope of mobility rights in Canada and the extent to which the government can limit Canadians’ rights to move freely around the country.
In what can only be considered a surprise move the SCC has agreed to hear an appeal of a decision of the Supreme Court of Newfoundland. Surprise because the Newfoundland and Labrador Court of Appeal refused to hear the appeal of this exact case.
For the Appeal Court it was the all too familiar excuse of the whole thing being too moot for the Court.
But now the SCC has agreed to hear the case. The parties, Kimberly Taylor and The Canadian Civil Liberties Association appealed to the court.
Here is a copy of the Civil Liberties Press Release dated April 26, 2024:
“Arbitrary travel restrictions infringe on the mobility rights of Canadians. CCLA’s challenge of Newfoundland government’s Bill 38 will continue before the Supreme Court of Canada (SCC), so that Canadians have clear, predictable, and stable answers to fundamental questions affecting their basic mobility rights.”
Back in May 2020, CCLA challenged the constitutionality of the Newfoundland government’s Bill 38 before the province’s Supreme Court. This Bill provided for a travel ban between provinces and other restrictive measures in the context of the COVID-19 pandemic. CCLA asked the Court to declare Bill 38 in violation of s.6 (mobility rights), as well as other Charter rights. CCLA also argued that the law could not be saved by s.1, which says that limits on rights must be reasonable and demonstrably justified. In September of 2020, the province’s Supreme Court found that the travel ban did violate the s.6 Charter right to mobility, but that such infringement could be justified under s.1. CCLA pursued this case before the Newfoundland and Labrador Court of Appeal. In August of 2023, the Court of Appeal refused to settle the merits of the appeal under the motive that it was moot, since the ban had been lifted. This was done despite all the parties urging the Court of Appeal to decide the appeal on the merits.
CCLA is pleased to learn that the SCC just granted its application seeking leave to appeal in this case. This will allow the SCC to address novel questions about the scope of mobility rights in Canada and the extent to which the government can limit Canadians’ rights to move freely around the country. CCLA is grateful for the excellent pro bono work of Paul Pape, Shantona Chaudhury and Mitchell McGowan from Pape Chaudry LLP in this file.”
Like the Association I am pleased that the highest court is going to hear the case. One can only assume that it will not just issue a silly moot decision given that they could have let the Court of Appeal decision of Newfoundland stand and not hear the case.
I hope the highest court considers the following given it is high time for the Constitution of This Country to be fairly applied and interpreted as written.
Courts have not the power to rewrite this sacred document. They are not omnipotent. That is for the people through its elected representatives as expressed in Section 38 of the Constitution Act 1982 in which the Charter is located—the Amending Formula.
The intent of Section 1 Of the Charter was that it could only be applied in a war, insurrection, the state being threatened circumstance. As one of the First Ministers involved and whose signature is on the original Patriation Agreement I submit this point of view was what was operative at the time of the construction of this section. All remaining First Ministers whose names are on that document are no longer with us. Sadly, no court has called me to provide my view.
This intent is clear In Section 4 (2) of the Charter:
“In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.”
So, decisions that have been made concerning the Charter should only be made in this context. Numerous court deliberations here and in many western jurisdictions have considered intent in determining the legitimacy of legislation. This is not novel or new.
Hence, a glaring, fundamental mistake has occurred in interpreting our Charter. The blatant omission of considering the opening words of the Charter in any interpretation of legislation by the Courts is an abuse of the Charter, our Constitution. Where is the power provided the courts to engage is such omission? Those words are:
“Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:”
The one reference of which I am aware in the Courts literature to any consideration of the opening words relating to God was by an Alberta Judge in a lower court foolishly indicated that the creators of the words did not identify God as being a Christian God. All the creators, the First Ministers, were Christians —that’s all. What an insult to our history and traditions and the authors?
And this has been allowed to stand?
And what about the rule of law? Little if anything has been done in considering and interpreting this point.
As for Section 1 itself of the Charter. If one can get past the previous points, which is impossible, but let’s speculate: the court in question in Newfoundland, like the courts across the land, have disfigured, misinterpreted the wording of this section —-
Rights and freedoms in Canada
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
What is of crucial importance is ‘demonstrably justify ‘and a free and democratic society ‘—-is it not? Many try and evade confronting these concepts by emphasizing ‘reasonable ‘. But ‘reasonable ‘is qualified, if you will, with ‘as can be demonstrably justified ‘and ‘in a free and democratic society.’ This was deliberate by the creators and authors of this section.
So, as we all know such reasonable demonstration would be a cost benefit analysis, a tool used frequently by Government in considering new policies or programs —and this case especially when sacred rights enshrined in the constitution were to be taken way!!! Yet, there was none! And what about the Provincial Emergency Management organizations that were already established in all the provinces with immediate expertise. Were they consulted? Not one!
No such attempt was made, and the Governments did not conduct even a cursory cost benefit review and the courts eagerly accepted the one-sided Government narrative. Yet experts like Lt. Colonel David Redman, who had been involved in Emergency Management and had written extensively on it were never consulted!
And ‘free and democratic society? Was there any meaningful engagement of the Parliament of Canada or the Legislative Assemblies —-not really, ——only to delegate power to unelected bureaucrats and relieve the politicians of direct responsibility. Where were the Parliamentary Committees? The sober consideration of all points of view in an open public session? Of independent science? Does not free and democratic society entail such deliberations?
And to those courts / governments who talk about little time—in this Newfoundland case it was 6 months before The Supreme Court of the Province ruled and 15 months for the Court of Appeal to issue a non-decision! So much for serving the people!
As for the concept of ‘mootness ‘that has been most dramatically used by the Federal Court and the Federal Court of Appeal and The Court of Appeal in Newfoundland? This is a construct of the court not the Constitution.
It denies a citizen the right to know whether a government action to which a citizen was subjected violates the Charter. Should a court idea of mootness, refusing to rule on whether a government action of only months before overruling the people’s right to know if their rights and freedoms were violated? Is this not the role of the Court? To protect the rights and freedoms of the citizens from Government overreach? That was and is the whole point of the Charter.
Whether the Government action is presently operative or not should be irrelevant, especially when millions of citizens were involved and especially when it involved rights and freedoms protected under the Charter, our Constitution. There may be a role for mootness if a frivolous matter is established but by any measure what we are discussing is anything but a frivolous matter, even though The Newfoundland Court of Appeal in calling the whole thing ‘moot ‘had the gall to find the Government’s action of denying rights ‘fleeting.’ Courts have abdicated their solemn responsibilities to the people in the exaggerated use of such Court constructed procedures.
So the highest court can go back to ‘first principles’, and examine intent and the opening words of the Charter and place them in full context in any interpretation of the Charter. If this were done then Section 1 of the Charter would not even be in play. Constructing a hypothetical i.e. considering Section 1 of the Charter during the so called ‘covid emergency’, well, even if we do, the Government and Court reasoning would have failed as demonstrated above.
There is an opportunity through this case as well as the one in which I am involved for our highest court to get it right——to return to the full constitution and re-establish the ‘supremacy of God and the rule of law, ‘the legitimate role of Parliament, to the plain meaning of demonstrably justify, and the importance of intent in interpreting our Charter.
Is the Supreme Court of Canada up to the challenge?
Will our Constitution, our democracy be restored?
The Honourable A. Brian Peckford P.C. is the last living First Minister who helped craft the Canadian Charter of Rights
Watch – Leaders on the Frontier: Brian Peckford on Saving Canada’s Democracy | Frontier Centre For Public Policy (fcpp.org) January 20, 2022
Brownstone Institute
The Deplorable Ethics of a Preemptive Pardon for Fauci
From the Brownstone Institute
Anthony “I represent science” Fauci can now stand beside Richard “I am not a crook” Nixon in the history books as someone who received the poison pill of a preemptive pardon.
While Nixon was pardoned for specific charges related to Watergate, the exact crimes for which Fauci was pardoned are not specified. Rather, the pardon specifies:
Baseless and politically motivated investigations wreak havoc on the lives, safety, and financial security of targeted individuals and their families. Even when individuals have done nothing wrong – and in fact have done the right things – and will ultimately be exonerated, the mere fact of being investigated and prosecuted can irreparably damage reputations and finances.
In other words, the dying breath of the Biden administration appears to be pardoning Fauci for crimes he didn’t commit, which would seem to make a pardon null and void. The pardon goes further than simply granting clemency for crimes. Clemency usually alleviates the punishment associated with a crime, but here Biden attempts to alleviate the burden of investigations and prosecutions, the likes of which our justice system uses to uncover crimes.
It’s one thing to pardon someone who has been subjected to a fair trial and convicted, to say they have already paid their dues. Gerald Ford, in his pardon of Richard Nixon, admitted that Nixon had already paid the high cost of resigning from the highest office in the land. Nixon’s resignation came as the final chapter of prolonged investigations into his illegal and unpresidential conduct during Watergate, and those investigations provided us the truth we needed to know that Nixon was a crook and move on content that his ignominious reputation was carve d into stone for all of history.
Fauci, meanwhile, has evaded investigations on matters far more serious than Watergate. In 2017, DARPA organized a grant call – the PREEMPT call – aiming to preempt pathogen spillover from wildlife to people. In 2018 a newly formed collaborative group of scientists from the US, Singapore, and Wuhan wrote a grant – the DEFUSE grant – proposing to modify a bat sarbecovirus in Wuhan in a very unusual way. DARPA did not fund the team because their work was too risky for the Department of Defense, but in 2019 Fauci’s NIAID funded this exact set of scientists who never wrote a paper together prior or since. In late 2019, SARS-CoV-2 emerged in Wuhan with the precise modifications proposed in the DEFUSE grant submitted to PREEMPT.
It’s reasonable to be concerned that this line of research funded by Fauci’s NIAID may have caused the pandemic. In fact, if we’re sharp-penciled and honest with our probabilities, it’s likely beyond reasonable doubt that SARS-CoV-2 emerged as a consequence of research proposed in DEFUSE. What we don’t know, however, is whether the research proceeded with US involvement or not.
Congress used its constitutionally-granted investigation and oversight responsibilities to investigate and oversee NIAID in search of answers. In the process of these investigations, they found endless pages of emails with unjustified redactions, evidence that Fauci’s FOIA lady could “make emails disappear,” Fauci’s right-hand-man David Morens aided the DEFUSE authors as they navigated disciplinary measures at NIH and NIAID, and there were significant concerns that NIAID sought to obstruct investigations and destroy federal records.
Such obstructive actions did not inspire confidence in the innocence of Anthony Fauci or the US scientists he funded in 2019. On the contrary, Fauci testified twice under oath saying NIAID did not fund gain-of-function research of concern in Wuhan…but then we discovered a 2018 progress report of research NIAID funded in Wuhan revealing research they funded had enhanced the transmissibility of a bat SARS-related coronavirus 10,000 times higher than the wild virus. That is, indisputably, gain-of-function research of concern. Fauci thus lied to the American public and perjured himself in his testimony to Congress, and Senator Rand Paul (R-KY) has referred Fauci’s perjury charges to the Department of Justice.
What was NIAID trying to preempt with their obstruction of Congressional investigations? What is Biden trying to preempt with his pardon of Fauci? Why do we not have the 2019 NIAID progress report from the PI’s who submitted DEFUSE to PREEMPT and later received funding from NIAID?
It is deplorable for Biden to preemptively pardon Fauci on his last day in office, with so little known about the research NIAID funded in 2019 and voters so clearly eager to learn more. With Nixon’s preemptive pardon, the truth of his wrongdoing was known and all that was left was punishment. With Fauci’s preemptive pardon, the truth is not yet known, NIAID officials in Fauci’s orbit violated federal records laws in their effort to avoid the truth from being known, and Biden didn’t preemptively pardon Fauci to grant clemency and alleviate punishment, but to stop investigations and prosecutions the likes of which could uncover the truth.
I’m not a Constitutional scholar prepared to argue the legality of this maneuver, but I am an ethical human being, a scientist who contributed another grant to the PREEMPT call, and a scientist who helped uncover some of the evidence consistent with a lab origin and quantify the likelihood of a lab origin from research proposed in the DEFUSE grant. Any ethical human being knows that we need to know what caused the pandemic, and to deprive the citizenry of such information from open investigations of NIAID research in 2019 would be to deprive us of critical information we need to self-govern and elect people who manage scientific risks in ways we see fit. As a scientist, there are critical questions about bioattribution that require testing, and the way to test our hypotheses is to uncover the redacted and withheld documents from Fauci’s NIAID in 2019.
The Biden administration’s dying breath was to pardon Anthony Fauci not for the convictions for crimes he didn’t commit (?) but to avoid investigations that could be a reputational and financial burden for Anthony Fauci. A pardon to preempt an investigation is not a pardon; it is obstruction. The Biden administration’s dying breath is to obstruct our pursuit of truth and reconciliation on the ultimate cause of 1 million Americans’ dying breaths.
To remind everyone what we still need to know, it helps to look through the peephole of what we’ve already found to inspire curiosity about what else we’d find if only the peephole could be widened. Below is one of the precious few emails investigative journalists pursuing FOIAs against NIAID have managed to obtain from the critical period when SARS-CoV-2 is believed to have emerged. The email connects DEFUSE PI’s Peter Daszak (EcoHealth Alliance), Ralph Baric (UNC), Linfa Wang (Duke-NUS), Ben Hu (Wuhan Institute of Virology), Shi ZhengLi (Wuhan Institute of Virology) and others in October 2019. The subject line “NIAID SARS-CoV Call – October 30/31” connects these authors to NIAID.
It is approximately in that time range – October/November 2019 – when SARS-CoV-2 is hypothesized to have entered the human population in Wuhan. When it emerged, SARS-CoV-2 was unique among sarbecoviruses in having a furin cleavage site, as proposed by these authors in their 2019 DEFUSE grant. Of all the places the furin cleavage site could be, the furin cleavage site of SARS-CoV-2 was in the S1/S2 junction of the Spike protein, precisely as proposed by these authors.
In order to insert a furin cleavage site in a SARS-CoV, however, the researchers would’ve needed to build a reverse genetic system, i.e. a DNA copy of the virus. SARS-CoV-2 is unique among coronaviruses in having exactly the fingerprint we would expect from reverse genetic systems. There is an unusual even spacing in the cutting/pasting sites for the enzymes BsaI and BsmBI and an anomalous hot-spot of silent mutations in precisely these sites, exactly as researchers at the Wuhan Institute of Virology have done for other coronavirus reverse genetic systems. The odds of such an extreme synthetic-looking pattern occurring in nature are, conservatively, about 1 in 50 billion.
The virus did not emerge in Bangkok, Hanoi, Bago, Kunming, Guangdong, or any of the myriad other places with similar animal trade networks and greater contact rates between people and sarbecovirus reservoirs. No. The virus emerged in Wuhan, the exact place and time one would expect from DEFUSE.
With all the evidence pointing the hounds towards NIAID, it is essential for global health security that we further investigate the research NIAID funded in 2019. It is imperative for our constitutional democracy, for our ability to self-govern, that we learn the truth. The only way to learn the truth is to investigate NIAID, the agency Fauci led for 38 years, the agency that funded gain-of-function research of concern, the agency named in the October 2019 call by DEFUSE PI’s, the agency that funded this exact group in 2019.
A preemptive pardon prior to the discovery of truth is a fancy name for obstruction of justice. The Biden administration’s dying breath must be challenged, and we must allow Congress and the incoming administration to investigate the possibility that Anthony Fauci’s NIAID-supported research caused the Covid-19 pandemic.
Republished from the author’s Substack
COVID-19
BREAKING: Days before Trump Inauguration HHS fires doctor in charge of gain of function research project
Dr. Daszak will likely be protected by the DoD & CIA from additional penalties.
By John Leake
HHS Formally Debars EcoHealth Alliance, President Peter Daszak Fired.
On January 17, 2025—just three days before President Trump is to be sworn in—Congress issued a press release with the following statement:
Today, after an eight-month investigation, the U.S. Department of Health and Human Services (HHS) cut off all funding and formally debarred EcoHealth Alliance Inc. (EcoHealth) and its former President, Dr. Peter Daszak, for five years based on evidence uncovered by the Select Subcommittee on the Coronavirus Pandemic.
As far as I can tell, the New York Times did not report this story, though the New York Post did.
More interesting than the superficial news reporting is the HHS ACTION REFERRAL MEMORANDUM recommending that Dr. Peter Daszak be barred from participating in United States Federal Government procurement and nonprocurement programs.
The Memorandum also states:
Dr. Peter Daszak was the President and Chief Executive Officer of EHA from 2009 until his termination, effective January 6, 2025. Dr. Daszak was the Project Director (PD)/Principal Investigator (PI) for Grant Number 1R01AI110964-01.
I am not sure what to make of this document, which is written in such an arcane and convoluted style that it challenges the attention span of even the most focused reader.
I have been researching this story for four years, and I found the following paragraphs the most intriguing:
9. In a letter dated May 28, 2016, the NIAID contacted EHA concerning possible GoF research based on information submitted in its most recent Year 2 RPPR. The NIAID notified EHA that GoF research conducted under Grant Number 5R01AI110964-03 would be subject to the October 17, 2014, United States Federal Government funding pause, and that per the funding pause announcement, new United States Federal Government funding would not be released for GoF research projects that may be reasonably anticipated to confer attributes to influenza, MERS, or SARS viruses such that the virus would have enhanced pathogenicity and/or transmissibility in mammals via the respiratory route. In the letter, the NIAID requested that EHA provide a determination within 15 days of the date of the letter as to whether EHA’s research under Grant Number 5R01AI110964-03 did or did not include GoF work subject to the funding pause.
10. In a letter dated June 8, 2016, EHA provided a response to the NIAID’s May 28, 2016 letter. EHA explained that the goal of its proposed work was to construct MERS and MERS-like chimeric CoVs in order to understand the potential origins of MERSCoV in bats by studying bat MERS-like CoVs in detail. EHA stated that it believed it was highly unlikely that the proposed work would have any pathogenic potential, but that should any of these recombinants show evidence of enhanced virus growth greater than certain specified benchmarks involving log growth increases, or grow more efficiently in human airway epithelial cells, EHA would immediately: (1) stop all experiments with the mutant, (2) inform the NIAID Program Officer of these results, and (3) participate in decision-making trees to decide appropriate paths forward.
11. Based on the information provided by EHA, the NIAID concluded that the proposed work was not subject to the GoF research pause. In a letter dated July 7, 2016, however, the NIAID informed EHA that should any of the MERS-like or SARS-like chimeras generated under the grant show evidence of enhanced virus growth greater than 1 log over the parental backbone strain, EHA must stop all experiments with these viruses and provide the NIAID Program Officer and Grants Management Specialist, and WIV Institutional Biosafety Committee, with the relevant data and information related to these unanticipated outcomes.
Note that various statements in the above paragraphs are inconsistent with what Baric et al. state in their 2015 paper A SARS-like cluster of circulating bat coronavirus shows potential for human emergence—a research paper funded by the NIAID EcoHealth Grant “Understanding the Risk of Bat Coronavirus Emergence.”
As the authors state in the section on Biosafety and biosecurity:
Reported studies were initiated after the University of North Carolina Institutional Biosafety Committee approved the experimental protocol (Project Title: Generating infectious clones of bat SARS-like CoVs; Lab Safety Plan ID: 20145741; Schedule G ID: 12279). These studies were initiated before the US Government Deliberative Process Research Funding Pause on Selected Gain-of-Function Research Involving Influenza, MERS and SARS Viruses (http://www.phe.gov/s3/
dualuse/Documents/gain-of- function.pdf). This paper has been reviewed by the funding agency, the NIH. Continuation of these studies was requested, and this has been approved by the NIH.
As I noted in my series of essays titled The Great SARS-CoV-2 Charade, one of the silliest lies told by Dr. Anthony Fauci has been his insistence that NIAID did not approve Gain-of-Function work by EcoHealth.
Fauci has repeatedly asserted this in a loud and vexed tone, as though he is outraged by the mere proposition. And yet, Ralph Baric and his colleagues—including Zhengli-Li Shi at the Wuhan Institute of Virology—plainly state in their 2015 paper that their Gain-of-Function experiments, performed in Baric’s UNC lab and Zhengli-Li Shi’s lab in Wuhan, were grandfathered in, given that they were funded before the 2014 Pause.
Another statement (in paragraph 11 of the recent HHS Action Referral Memo) that deserves special scrutiny is the following:
In a letter dated July 7, 2016, however, the NIAID informed EHA that should any of the MERS-like or SARS-like chimeras generated under the grant show evidence of enhanced virus growth greater than 1 log over the parental backbone strain, EHA must stop all experiments with these viruses and provide the NIAID Program Officer and Grants Management Specialist, and WIV Institutional Biosafety Committee, with the relevant data and information related to these unanticipated outcomes.
Again, it’s tough to interpret this statement, given that Baric et al. had, by the own admission, already generated chimeras that “replicate efficiently in primary human airway cells and achieve in vitro titers equivalent to epidemic strains of SARS-CoV.”
Let’s review what Baric et al. state in their Abstract about the functionality of the chimeric virus (named SHCOI4-MA15) they claimed to have generated. Using humanized mice (genetically modified to have primary human airway cells) as their experimental animals, the authors state:
Using the SARS-CoV reverse genetics system2, we generated and characterized a chimeric virus expressing the spike of bat coronavirus SHC014 in a mouse-adapted SARS-CoV backbone.
The results indicate that group 2b viruses encoding the SHC014 spike in a wild-type backbone can efficiently use multiple orthologs of the SARS receptor human angiotensin converting enzyme II (ACE2), replicate efficiently in primary human airway cells and achieve in vitro titers equivalent to epidemic strains of SARS-CoV. Additionally, in vivo experiments demonstrate replication of the chimeric virus in mouse lung with notable pathogenesis.
To this day, no legal authority that I am aware of has investigated the question: What became of the the chimeras SHC014-MA15 and WIV1-MA15? The latter chimera was documented by Baric et al. in their March 2016 paper titled SARS-like WIV1-CoV poised for human emergence—a chimera “that replaced the SARS spike with the WIV1 spike within the mouse-adapted backbone.”
What did the Wuhan Institute of Virology do with these chimeras? Did its researchers continue to modify and experiment with these chimeras?
Another exceedingly silly claim made by U.S. government officials—including members of Congress—is that the true origin of SARS-CoV-2 is likely to remain a mystery, given that the Chinese government and military will almost certainly never agree to perform a full and transparent investigation of their Wuhan Institute of Virology.
What did the U.S. government expect when it agreed to share cutting edge American biotechnology with the Wuhan Institute of Virology, which has long been known to be run by the Chinese military?
One grows weary of our U.S. government officials evading responsibility by pretending to be imbeciles or by revealing themselves to be true imbeciles.
If you found this post informative, please consider becoming a paid subscriber to our Substack. Penetrating the smoke and mirror show performed by the abominable U.S. government requires a great deal of time and effort.
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