COVID-19
Regulatory body continues prosecution of nurse over free expression
From the Justice Centre for Constitutional Freedoms
REGINA, SK: The Justice Centre announces that the disciplinary hearings against Saskatchewan nurse Leah McInnes continue today in what could become a landmark decision about freedom of expression for nurses and other professionals, and the power of regulatory bodies to control and censor the speech of professionals who are required to belong to a professional association in order to earn a living.
Exercising her Charter freedoms of expression, association and peaceful assembly, Saskatchewan Nurse Leah McInnes attended a national rally against mandatory Covid vaccination policies in early September 2021. Ms. McInnes also expressed her opposition to the government’s mandatory vaccination policies on social media between August and October 2021, even while stating that vaccines should be promoted by her profession, that vaccines can decrease severe disease, reduce the burden on the healthcare system and save lives, and that vaccines play a vital role in the fight against the Covid pandemic and should be promoted.
On September 26, 2021, a nurse filed a complaint against Ms. McInnes to the College of Registered Nurses of Saskatchewan (CRNS). The Discipline Committee of the CRNS investigated the social media activities of Ms. McInnes and then charged her with professional misconduct under the Registered Nurses Act for her posts and for her participation in the rally. The CRNS accused Ms. McInnes of spreading misinformation, disinformation and/or misleading information surrounding vaccine mandates and vaccine passports. Further, the Disciplinary Committee of the CRNS alleged that Ms. McInnes had been operating from a position of power as a nurse when participating in the rally and when posting about vaccines, that she had misused this power, and that she had acted outside the proper scope of this power.
Lawyers acting for Ms. McInnes point to the Code of Ethics for Registered Nurses of the CRNS, which says, “Nurses support a climate of trust that sponsors openness, encourages the act of questioning the status quo and supports those who speak out in good faith to address concerns.” Lawyers argue that Ms. McInnes had questioned the merits of mandatory vaccine policies in good faith. Further, counsel for Ms. McInnes argue that her expression, however disagreeable it may have been to the CRNS, is protected by section 2 of the Canadian Charter of Rights and Freedoms and by relevant case law.
In particular, counsel for Ms. McInnes point to the Saskatchewan Court of Appeal ruling in Strom v. Saskatchewan Registered Nurses’ Association, which states that “…criticism, even by those delivering those services, does not necessarily undermine confidence in healthcare workers or the healthcare system. Indeed, it can enhance confidence by demonstrating that those with the greatest knowledge of this massive and opaque system, and who have the ability to affect change, are both prepared and permitted to speak and pursue positive change. In any event, the fact that public confidence in aspects of the healthcare system may suffer as a result of fair criticism can itself result in positive change. Such is the messy business of democracy.”
Lawyers for Ms. McInnes argue that, rather than bringing the nursing profession under disrepute, the good-faith objections to mandatory vaccination policies promote public confidence in the transparency of the healthcare system and in the dedication of healthcare professionals to pursue positive change.
Andre Memauri, one of the lawyers representing Ms. McInnes, stated, “The Discipline Committee today will hear how Ms. McInnes advocated against vaccine mandates and vaccine passports in support of patient autonomy, dignity and privacy in compliance with her ethical obligations. The Investigation Committee alleges Ms. McInnes disseminated misinformation, disinformation and misleading information, all while the record established that Ms. McInnes was not only remarkably accurate but also that the social media activity of CRNS itself disseminated false information.”
“It is very unfortunate that a registered nurse in the Province of Saskatchewan again faces regulatory reprisal for fair criticism of the healthcare system, after the Court of Appeal’s decision in Strom,” continued Mr. Memauri.
John Carpay, President of the Justice Centre, stated, “This case is about the freedom of nurses and other professionals to participate, as citizens in a democracy, in public discussions and debate. This case raises important questions about whether government agencies like the College of Registered Nurses of Saskatchewan should have the power to determine what is true or false, and to impose that determination on professionals who are required to join the regulatory body in order to practice their profession and earn a living.”
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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