COVID-19
Judge puts Freedom Convoy trial on hold until summer
From LifeSiteNews
Justice Heather Perkins-McVey is giving both sides more time to build a case.
The judge overseeing the trial for Freedom Convoy leaders Tamara Lich and Chris Barber adjourned the court proceedings until August to allow for the government to prepare legal arguments to back its claim that the leaders were “co-conspirators” as well as give time to the defense to prepare their case that the leaders are innocent.
The months-long court case started on September 5, 2023, in an Ottawa courthouse.
On Day 38 last Friday, the Democracy Fund (TDF), which is crowdfunding Lich’s legal costs, noted in a legal update that Justice Heather Perkins-McVey stated that she would not hear the “Carter application before closing arguments” but that “it will be heard simultaneously.”
The government has been hoping to use what is called a “Carter application” to help them make their case against Lich and Barber by trying to prove that the leaders were “co-conspirators,” meaning that accusations placed against one leader automatically apply to the other.
The government’s “Carter Application” asks that the judge consider “Barber’s statements and actions to establish the guilt of Lich, and vice versa.”
A Carter application requires that the government prove “beyond a reasonable doubt” that there was a “conspiracy or plan in place and that Lich was a party to it based on direct evidence,” and, as such, the defense is asking the judge to dismiss the application.
According to the TDF, Perkins-McVey delayed the trial until August so the government and the defense have time to “prepare their submissions without knowing the exact evidence admitted by the Court against each defendant.”
“This is because the Court’s ruling on the Carter application determines whether the statements of one defendant can be attributed to the other,” the TDF said.
Thus far, the government has asserted “that the absence of violence or peaceful nature of the protest didn’t make it lawful, emphasizing that the onus was on the Crown to prove the protest’s unlawfulness.”
The government has held steadfast to the notion in trying to prove that Lich and Barber somehow influenced the protesters’ actions through their words as part of a co-conspiracy. This claim has been rejected by the defense as weak.
The reality is that Lich and Barber collaborated with police on many occasions so that the protests were within the law. Lawrence Greenspon, Lich’s counsel, and Barber’s attorney, Diane Magas, have said they will argue against the Carter application.
The trial will resume August 13, with extra court dates planned for August 14-15 and August 19-23. LifeSiteNews has covered the trial extensively since it began last year.
Court will allow some ‘extra’ statements from Barber to be submitted
The court also ruled Friday that only some extra statements of Barber will be allowed to be admitted as per the “one statement rule.” Perkins-McVey will soon issue a ruling “shortly,” the TDF reported.
Day 37 included some “important” updates, according to their legal team, as their lawyers argued that allowing video to be entered as evidence would provide “context and completeness” into why they led the protests.
Last Thursday’s court proceedings saw Magas continue her “submission on the admissibility of statements of videos made by her client (Barber).”
Day 37 also saw the defense move to argue that the “Carter application should be ‘bifurcated’ — that is, it should be heard and ruled upon by the Court before closing submissions.”
On Day 36, lawyers argued that video statements made by the leaders should be allowed as “evidence of the truth.”
The trial resumed for one day, on March 7, for only the second court date since the new year, with Perkins-McVey deciding to dismiss an application by the Freedom Convoy leaders that asked the court to throw out so-called conspiracy charges.
Lich and Barber are facing multiple charges from the 2022 protests, including mischief, counseling mischief, counseling intimidation and obstructing police for taking part in and organizing the anti-mandate Freedom Convoy. As reported by LifeSiteNews at the time, despite the non-violent nature of the protest and the charges, Lich was jailed for weeks before she was granted bail.
Besides the ongoing trial, Lich and Barber and a host of others recently filed a $2 million lawsuit against the Trudeau government for its use of the Emergencies Act (EA) to quash the Freedom Convoy in 2022.
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.
During the clear-out of protesters after the EA was put in place, an elderly lady was trampled by a police horse and one conservative female reporter was beaten by police and shot with a tear gas canister.
COVID-19
Former Trudeau minister faces censure for ‘deliberately lying’ about Emergencies Act invocation
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.
COVID-19
Australian doctor who criticized COVID jabs has his suspension reversed
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.
READ: More scientists are supporting a swift recall of the dangerous COVID jabs
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.
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