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COVID-19

Supreme Court will not hear case about government’s violation of rights and freedoms

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News release from the Justice Centre for Constitutional Freedoms 

The Justice Centre for Constitutional Freedoms is disappointed that the Supreme Court of Canada has decided not to hear the appeal of the challenge to Manitoba’s lockdown restrictions. The decision was announced on Thursday, March 14, 2024.

The Leave to Appeal application, under the name Gateway Bible Baptist Church et al. v. Manitoba et al., was filed on September 18, 2023. Five Manitoba churches, a pastor and a deacon asked the Supreme Court of Canada to hear their appeal of the lower courts’ dismissal of their constitutional challenge to closures of churches and restrictions on outdoor gatherings during Covid lockdowns in late 2020 and 2021. Included in the application was protester Ross MacKay, who had been ticketed and who was seeking to appeal the lower courts’ dismissal of his constitutional challenge to the outdoor gathering limits.

Through public health orders, Manitoba had closed churches while permitting businesses to continue to operate. Taxis, in-person university classes, film and tv productions, law offices, and liquor stores were allowed to remain open. The Winnipeg Jets could meet and train indoors with their extended crew, and summer Olympic competitors were allowed to train indoors. Outdoor gatherings were reduced to no more than five people, while at the same time hundreds of people could legally gather indoors at big box stores.

The initial case was heard in May 2021 before the Manitoba Court of King’s Bench. The province did not produce any evidence that Covid spreads outdoors, or that outdoor gatherings were risky activities. That hearing did produce a significant admission from a government expert witness, Chief Microbiologist and Laboratory Specialist Dr. Jared Bullard, who, under questioning from Justice Centre lawyers, admitted that 56 percent of positive Covid cases were not infectious. The hearing was also notable for the Applicants’ expert report and testimony from world-renowned Stanford Professor, epidemiologist Dr. Jay Bhattacharya, co-author of The Great Barrington Declaration. Dr. Bhattacharya has moved on to even greater international fame as one of the litigants in a lawsuit, Missouri v. Biden, against the U.S federal government for medical censorship uncovered in The Twitter Files investigation.

The Manitoba Court of King’s Bench ruled that the government’s public health officials should not be “second guessed” and that the government need not meet a high threshold of providing persuasive evidence to demonstrably justify that violations of the Canadian Charter of Rights and Freedoms were reasonable. The Manitoba Court of King’s Bench did not order the unsuccessful Applicants to pay court costs, finding there to be significant public interest in having this case adjudicated.

In December 2022, the Applicants appealed. The appeal was dismissed by the Manitoba Court of Appeal in June 2023.

In the Application for Leave to Appeal to the Supreme Court of Canada, lawyers provided by the Justice Centre argued that the case raised issues of national importance. For instance:

  1. How are constitutionally protected activities to be juridically measured against comparable non-constitutionally protected activities? What is the proper approach to the minimal impairment stage of the Oakes analysis with respect to public health orders that fully prohibit Charter-protected activities (e.g. In- person religious worship) while permitting comparable non-Charter-protected activities (e.g. In-person university classes, film and television productions, indoor team-training for the Winnipeg Jets, etc.).
  2. Does reliance on the “precautionary principle” satisfy the state’s onus under Charter section 1 to provide “cogent and persuasive” evidence to justify Charter-infringing measures?

The Applicants’ legal team believed the case was critically important, as it could have served as guidance for governments in crafting public health measures on efforts needed to accommodate Charter-protected rights and freedoms.

Allison Pejovic, lawyer for the Applicants, stated, “Our clients are disappointed in the Supreme Court’s decision not to hear their appeal. It was past time to have a conversation with Canada’s highest court about whether Charter-protected rights such as rights to worship and assemble ought to be prioritized over economic interests, such as ensuring that the Winnipeg Jets could practice indoors and that movie productions could continue. It was also critical to hear from the Court on the importance of respecting the Charter during a declared ’emergency’. Governments urgently needed the Supreme Court of Canada’s guidance as to the degree to which they should accommodate Charter rights during a future pandemic or other emergency proclaimed by government. Leaving that issue undecided at the highest level is a grave injustice for all Canadians.”

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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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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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