COVID-19
Police officer challenges harsh discipline in free speech case
From the Justice Centre for Constitutional Freedoms
The Justice Centre announces that the Ontario Civilian Police Commission will hear the appeal of Constable Michael Brisco today, who is challenging his conviction and penalty for donating to the Ottawa Freedom Convoy in early 2022. This case raises questions about the Charter’s protection for freedom of expression, the right of police officers to support political causes while off duty, and the privacy rights of all Canadians.
Constable Michael Brisco of the Windsor Police Service is a highly trained and respected police officer with no prior disciplinary record. He made a $50 donation to the peaceful Freedom Convoy protest through the GiveSendGo fundraising platform on February 8, 2022 – one day after an Ontario Superior Court Judge held that people could continue to engage in “peaceful, lawful and safe protest” in Ottawa so long as honking ceased. When making his donation, Constable Brisco did not identify himself as a police officer and did not contribute to the protest in his capacity as a police officer.
Days later, the GiveSendGo donor list was hacked. The Ontario Provincial Police Service acquired the list and forwarded a set of names to the Windsor Police Service, who discovered that Constable Brisco had donated to the protest.
The Windsor Police Service then chose to charge Constable Brisco for “discreditable conduct.”
After a six-day hearing before an Ontario Provincial Police Adjudicator, Constable Brisco was found guilty of discreditable conduct by a Tribunal on March 24, 2023. Two months later, on May 18, 2023, the Tribunal ordered that Constable Brisco should forfeit pay for 80 hours of work as a penalty.
With the support of the Justice Centre, on June 14, 2023, Constable Brisco filed a Notice of Appeal with Ontario Civilian Police Commission, challenging his conviction and the imposed penalty.
Counsel for Constable Brisco argue that the prosecution against him lacks sufficient evidence. The claim that the Freedom Convoy in Ottawa was an unlawful protest rested entirely on claims made in newspaper articles by various officials, including the Prime Minister and the Premier of Ontario. No credible video, photographic, or other evidence on this point was filed against Constable Brisco. Further, counsel for Constable Brisco argue that the evidence against him – a hacked list that ought to have remained private and confidential – was obtained illegally. Counting the donor list as evidence against Constable Brisco amounts to an abuse of process, counsel argue.
Brisco’s legal counsel further argue that his conviction and penalty rested on a claim that Mr. Brisco’s donation was a demonstration of support for the Ambassador Bridge blockade in Windsor, Ontario; Mr. Brisco argues that there is no evidence of a link between the Ottawa protest and the Windsor blockade, and he denied any support for the blockade during his hearing.
Finally, Constable Brisco argues that the Tribunal’s decisions to convict and discipline him fail to acknowledge or proportionately balance their impact on his Charter-protected right to freedom of expression. While a police officer’s right to free expression is limited during the performance of their duties as officers, Constable Brisco did not donate to the Freedom Convoy in his capacity as a police officer. He also expected the donation to be confidential, and he did not seek to advertise his giving. The expression of off-duty police officers is protected by the Charter to the same degree as the expression of any other citizen.
Darren Leung, one of the lawyers for Constable Brisco, stated, “Freedom of expression is a right that is guaranteed to all Canadians. Police officers are also entitled to express their political beliefs, so long as they do it without identifying themselves as police. Furthermore, it is an injustice that Constable Brisco was investigated on the basis of illegally obtained information. Instead of investigating who was responsible for the hack, the Windsor Police Service have dedicated their resources in prosecuting Constable Brisco.”
“Every Canadian, including police and also including doctors, nurses, teachers and other regulated professionals, has a right to donate to the cause of her or his choice, and to do so privately and confidentially. No Canadian should face disciplinary proceedings at the hands of her or his professional association for expressing support for a cause or movement,” stated John Carpay, President of the Justice Centre.
COVID-19
Trump DOJ seeks to quash Pfizer whistleblower’s lawsuit over COVID shots
From LifeSiteNews
The Justice Department attorney did not mention the Trump FDA’s recent admission linking the COVID shots to at least 10 child deaths so far.
The Trump Department of Justice (DOJ) is attempting to dismiss a whistleblower case against Pfizer over its COVID-19 shots, even as the Trump Food & Drug Administration (FDA) is beginning to admit their culpability in children’ s deaths.
As previously covered by LifeSiteNews, in 2021 the BMJ published a report on insider information from a former regional director of the medical research company Ventavia, which Pfizer hired in 2020 to conduct research for the company’s mRNA-based COVID-19 shot.
The regional director, Brook Jackson, sent BMJ “dozens of internal company documents, photos, audio recordings, and emails,” which “revealed a host of poor clinical trial research practices occurring at Ventavia that could impact data integrity and patient safety […] We also discovered that, despite receiving a direct complaint about these problems over a year ago, the FDA did not inspect Ventavia’s trial sites.”
According to the report, Ventavia “falsified data, unblinded patients, employed inadequately trained vaccinators, and was slow to follow up on adverse events reported in Pfizer’s pivotal phase III trial.” Overwhelmed by numerous problems with the trial data, Jackson filed an official complaint with the FDA.
Jackson was fired the same day, and Ventavia later claimed that Jackson did not work on the Pfizer COVID-19 shot trial; but Jackson produced documents proving she had been invited to the Pfizer trial team and given access codes to software relating to the trial. Jackson filed a lawsuit against Pfizer for violating the federal False Claims Act and other regulations in January 2021, which was sealed until February 2022. That case has been ongoing ever since.
Last August, U.S. District Judge Michael Truncale dismissed most of Jackson’s claims with prejudice, meaning they could not be refiled. Jackson challenged the decision, but the Trump DOJ has argued in court to uphold it, Just the News reports, with DOJ attorney Nicole Smith arguing that the case concerns preserving the government’s unfettered power to dismiss whistleblower cases.
The rationale echoes a recurring trend in DOJ strategy that Politico described in May as “preserving executive power and preventing courts from second-guessing agency decisions,” even in cases that involve “backing policies favored by Democrats.”
Jackson’s attorney Warner Mendenhall responded that the administration “really sort of made our case for us” in effectively admitting that DOJ is taking the Fair Claims Act’s “good cause” standard for state intervention to mean “mere desire to dismiss,” which infringes on his client’s “First Amendment right to access the courts, to vindicate what she learned.”
Mendenhall added that in a refiled case, Jackson “may be able to bring a very different case along the same lines, but with the additional information” to prove fraud, whereas rejection would send the message that “if fraud involves government complicity, don’t bother reporting it.”
That additional information would presumably include the FDA’s recent admission that at least 10 children the agency has reviewed so far “died after and because of receiving COVID-19 vaccination.”
“The truth is we do not know if we saved lives on balance,” admitted FDA Chief Medical Officer Vinay Prasad in a recent leaked email. “It is horrifying to consider that the U.S. vaccine regulation, including our actions, may have harmed more children than we saved. This requires humility and introspection.”
The COVID shots have been highly controversial ever since the first Trump administration’s Operation Warp Speed initiative prepared and released them in a fraction of the time any previous vaccine had ever been developed and tested. As LifeSiteNews has extensively covered, a large body of evidence has steadily accumulated over the past five years indicating that the COVID jabs failed to prevent transmission and, more importantly, carried severe risks of their own.
Ever since, many have intently watched and hotly debated what President Donald Trump would do about the situation upon his return to office. Though he never backed mandates like former President Joe Biden did, for years Trump refused to disavow the shots to the chagrin of his base, seeing Operation Warp Speed as one of his crowning achievements. At the same time, during his latest run he embraced the “Make America Healthy Again” movement and its suspicion of the medical establishment more broadly.
So far, Trump’s second administration has rolled back several recommendations for the shots but not yet pulled them from the market, despite hiring several vocal critics of the COVID establishment and putting the Department of Health & Human Services under the leadership of America’s most prominent anti-vaccine advocate, Robert F. Kennedy Jr. Most recently, the administration has settled on leaving the current jabs optional but not supporting work to develop successors.
In a July interview, FDA Commissioner Marty Makary asked for patience from those unsatisfied by the administration’s handling of the shots, insisting more time was needed for comprehensive trials to get more definitive data.
COVID-19
University of Colorado will pay $10 million to staff, students for trying to force them to take COVID shots
From LifeSiteNews
The University of Colorado Anschutz School of Medicine caused ‘life-altering damage’ to Catholics and other religious groups by denying them exemptions to its COVID shot mandate, and now the school must pay a hefty settlement.
The University of Colorado’s Anschutz School of Medicine must pay more than $10.3 million to 18 plaintiffs it attempted to force into taking COVID-19 shots despite religious objections, in a settlement announced by the religious liberty law firm the Thomas More Society.
As previously covered by LifeSiteNews, in April 2021, the University of Colorado (UC) announced its requirement that all staff and students receive COVID jabs, leaving specific policy details to individual campuses. On September 1, 2021, it enforced an updated policy stating that “religious exemption may be submitted based on a person’s religious belief whose teachings are opposed to all immunizations,” but required not only a written explanation why one’s “sincerely held religious belief, practice of observance prevents them” from taking the jabs, but also whether they “had an influenza or other vaccine in the past.”
On September 24, the policy was revised to stating that “religious accommodation may be granted based on an employee’s religious beliefs,” but “will not be granted if the accommodation would unduly burden the health and safety of other Individuals, patients, or the campus community.”
In practice, the school denied religious exemptions to Catholic, Buddhist, Eastern Orthodox, Evangelical, Protestant, and other applicants, most represented by Thomas More in a lawsuit contending that administrators “rejected any application for a religious exemption unless an applicant could convince the Administration that her religion ‘teaches (them) and all other adherents that immunizations are forbidden under all circumstances.’”
The UC system dropped the mandate in May 2023, but the harm had been done to those denied exemptions while it was in effect, including unpaid leave, eventual firing, being forced into remote work, and pay cuts.
In May 2024, a three-judge panel of the U.S. Tenth Circuit Court of Appeals rebuked the school for denying the accommodations. Writing for the majority, Judge Allison Eid found that a “government employer may not punish some employees, but not others, for the same activity, due only to differences in the employee’s religious beliefs.”
Now, Thomas More announces that year-long settlement negotiations have finally secured the aforementioned hefty settlement for their clients, covering damages, tuition costs, and attorney’s fees. It also ensured the UC will agree to allow and consider religious accommodation requests on an equal basis to medical exemption requests and abstain from probing the validity of applicants’ religious beliefs in the future.
“No amount of compensation or course-correction can make up for the life-altering damage Chancellor Elliman and Anschutz inflicted on the plaintiffs and so many others throughout this case, who felt forced to succumb to a manifestly irrational mandate,” declared senior Thomas More attorney Michael McHale. “At great, and sometimes career-ending, costs, our heroic clients fought for the First Amendment freedoms of all Americans who were put to the unconscionable choice of their livelihoods or their faith during what Justice Gorsuch has rightly declared one of ‘the greatest intrusion[s] on civil liberties in the peacetime history of this country.’ We are confident our clients’ long-overdue victory indeed confirms, despite the tyrannical efforts of many, that our shared constitutional right to religious liberty endures.”
On top of the numerous serious adverse medical events that have been linked to the COVID shots and their demonstrated ineffectiveness at reducing symptoms or transmission of the virus, many religious and pro-life Americans also object to the shots on moral grounds, due to the ethics of how they were developed.
According to a detailed overview by the pro-life Charlotte Lozier Institute, Pfizer, Moderna, and Johnson & Johnson all used fetal cells derived from aborted babies during their COVID shots’ testing phase; and Johnson & Johnson also used the cells during the design and development and production phases. The American Association for the Advancement of Science’s journal Science and even the left-wing “fact-checking” outlet Snopes have also admitted the shots’ abortion connection, which gives many a moral aversion to associating with them.
Catholic World Report notes that similarly large sums have been won in other high-profile lawsuits against COVID shot mandates, including $10.3 million to more than 500 NorthShore University HealthSystem employees in 2022 and $12.7 million to a Catholic Michigander fired by Blue Cross Blue Shield in 2024.
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