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Saskatchewan protestors ask Supreme Court to hear their challenge to gathering restrictions

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1 month ago

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News release from the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that Jasmin Grandel and Darrell Mills intend to take their constitutional challenge to Saskatchewan’s Covid gathering restrictions to the Supreme Court of Canada. On May 15, 2024, the Saskatchewan Court of Appeal dismissed their case. Today, our lawyers applied for leave to appeal their case to Canada’s highest court in a potentially precedent-setting case about the freedom of peaceful assembly.

On December 19, 2020, Ms. Grandel and Mr. Mills participated in a peaceful protest against the Government of Saskatchewan’s Covid lockdown measures at the Vimy Memorial in Saskatoon’s Kiwanis Park. Police ticketed them for attending a protest exceeding Saskatchewan’s 10-person outdoor gathering limit.

Jasmin Grandel, a young mother, attended peaceful protests to express her concerns about the lack of transparency surrounding government restrictions. She was especially concerned about the requirement that her son wear a mask in kindergarten.

Darrell Mills, certified in Mask Fit Testing and trained in supplied air breathing systems, also attended peaceful demonstrations to voice his concerns about improper mask usage and the significant burdens mask mandates placed on persons with physical or psychological conditions.

On April 7, 2021, our lawyers filed a constitutional challenge to these gathering restrictions at the Saskatoon Court of Queen’s Bench on behalf of Ms. Grandel and Mr. Mills. They argued that the gathering restrictions violated their freedoms of expression, peaceful assembly, and association – protected by the Canadian Charter of Rights and Freedoms. That challenge was heard by the Court on June 29, 2022.

Unfortunately, while it was conceded that the gathering restrictions did limit their freedom of expression, the Court ruled that the limitation was justified. Further, the Court found that, because the limitation on freedom of expression was justified, the limitations on the freedoms of peaceful assembly and association were also justified without the need for independent analysis of those rights.

Ms. Grandel and Mr. Mills were not deterred, appealing that decision on August 14, 2023. In yet another setback, however, their appeal was dismissed on May 15, 2024, by the Court of Appeal for Saskatchewan in a unanimous decision upholding the lower Court’s findings.

They are now asking the Supreme Court of Canada to hear their case. On August 14, 2024, our lawyers filed a Notice of Application for Leave to Appeal to the Supreme Court. If granted, they will argue that Saskatchewan’s Covid gathering restrictions were primarily an unjustifiable limitation of the freedom of peaceful assembly, which was not centrally considered. The Supreme Court has an opportunity to develop a more robust legal framework for addressing limitations to that freedom.

Our lawyers argue that, in many cases where the government has violated multiple Charter freedoms, particularly the freedoms of expression, assembly and association, courts tend to focus on limitations to freedom of expression only. In other words, courts tend to find an independent analysis of violations of other rights unnecessary. If a court finds that the government justifiably limited freedom of expression, they tend to find that the government justifiably limited the freedom of peaceful assembly if it were to have been infringed.

Canadian courts ought to develop a test for addressing violations to the freedom of peaceful assembly. Today, two Saskatchewan citizens have asked the Supreme Court to develop such a test and to apply it to gathering restrictions that impacted more than a million residents. If this case is heard by the Supreme Court, it could have a profound impact on the fundamental freedoms of Canadians.

Lawyer Andre Memauri says, “Our request for leave to appeal in this matter seeks to address concerns with how Charter violations are addressed within the section 1 analysis, when numerous Charter violations are engaged. Additionally, there exists a void in jurisprudence with respect to a test in how to address the guarantee of peaceful assembly directly, and we are hoping the Supreme Court of Canada provides guidance on this increasingly important matter to Canadians.”

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‘Mind-boggling’: Billions gone and little to show for it years after rampant COVID fraud

Published on September 15, 2024

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From The Center Square

By 

“The estimated amounts of waste, fraud, and abuse in COVID-related programs are simply … mind-boggling,” Subcommittee on Government Operations and the Federal Workforce Chairman Pete Sessions, R-Texas, said at the hearing. “Half a trillion dollars. Maybe more. Much of it lost to criminal actors and our enemies. Often using comically simple tactics.”

Years after the passage of federal COVID-era relief and the subsequent loss of likely hundreds of billions of those taxpayer dollars, lawmakers are still unsure where that money went, how to get it back, and seemingly have done little to prevent it from happening again.

Federal watchdog and other reports estimate anywhere from $200 billion to half a trillion was lost to waste, fraud and abuse across various federal and state COVID-era programs.

“Insiders, including those who worked for state workforce agencies, conspired with organized crime factions and other individuals to defraud state UI programs and the states did little to stop them,” a Republican-led House Oversight Committee report released this week said. “Some states even hired individuals convicted of identity theft to process UI claims.”

Examples like that and the scope of the amount lost was the subject of a House Oversight hearing this week where lawmakers on both sides of the aisle and experts grappled with the scope of the lost funds and what to do about it.

“The estimated amounts of waste, fraud, and abuse in COVID-related programs are simply … mind-boggling,” Subcommittee on Government Operations and the Federal Workforce Chairman Pete Sessions, R-Texas, said at the hearing. “Half a trillion dollars. Maybe more. Much of it lost to criminal actors and our enemies. Often using comically simple tactics.”

The most common among those tactics was stealing unemployment dollars doled out by the federal government during the pandemic.

One inspector general report from the Small Business Adminstration estimated at least $200 billion in taxpayer money was lost.

“We estimate that SBA disbursed over $200 billion in potentially fraudulent COVID-19 EIDLs, EIDL Targeted Advances, Supplemental Targeted Advances, and PPP loans,” the report said. “This means at least 17 percent of all COVID-19 EIDL and PPP funds were disbursed to potentially fraudulent actors.”

Nearly all of those “fraudulent actors” have so far gotten away with the theft.

Congress approved $40 million for the Pandemic Response Accountability Committee, tasked with finding and preventing fraud. That committee and other investigative efforts have shown the COVID-era fraud was rampant and that little has been done to recover those funds.

That committee’s authority expires next year.

“Every dollar that goes to a fraudster doesn’t go to the small business, to the unemployed, to others that Congress were intending to help,” Michael Horowitz, Chair of PRAC, said at the oversight hearing this week. “If we want to continue to advance the fight against improper payments and fraud, we shouldn’t allow this important and fraud fighting tool to expire.”

Horowitz also said at the hearing that there is “clearly insufficient” access to data for oversight, such as accessing Social Security Administration’s death database so that payments are not sent to deceased individuals. He also pushed for his authority to be expanded to helping other agencies.

Orice Williams Brown, chief operating officer at the U.S. Government Accountability Office, also testified at the hearing that federal agencies can do more to prevent fraud of this kind. But federal agencies are not alone in the blame.

The House Oversight report released this week is called the “Widespread Failures and Fraud in Pandemic Unemployment Relief Programs” showing that states mishandled funds doled out by the federal government for unemployment insurance, sometimes with little oversight.

From the report:

The U.S. Government Accountability Office (GAO) estimates 11 to 15 percent of total benefits paid during the pandemic were fraudulent, totaling between $100 to $135 billion. The Department of Labor (DOL) Office of Inspector General (OIG) estimates that at least $191 billion in pandemic UI payments could have been improperly paid, with a significant portion attributable to fraud. As of March 2023, states reported recoveries of improper payments in an amount of only $6.8 billion.

The design of the Pandemic Unemployment Assistance (PUA) program led to massive fraud. During the program’s first nine months, claimants did not have to provide any evidence of earnings or prior work which made the program susceptible to fraud. DOL reported that the PUA program had a total improper payment rate of 35.9 percent.

Both sides have lamented the lost taxpayer dollars, but so far little has been done to prevent it from happening again, even as Congress continues to pass multi-trillion dollar spending bills often with little time for lawmakers to review.

Lawmakers passed two bills in 2023 to increase reporting from federal agencies on fraud and to prevent those previously convicted of financial crimes from receiving certain federal payment.

The House Oversight report recommended stronger security measures, cross checking with other relevant databases, more oversight and transparency, and more documentation from benefit recipients.

“If this is not a call to action…” Sessions said at the hearing. “I simply do not know what is.”

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COVID-19

Andrew Cuomo had aides manipulate death stats to cover up COVID record, report finds

Published on September 15, 2024

By

From LifeSiteNews

By Calvin Freiburger

Republican Brad Wenstrup, chairman of the House subcommittee, explained that ‘the Cuomo Administration is responsible for recklessly exposing New York’s most vulnerable population to COVID-19’

Former New York Democrat Gov. Andrew Cuomo personally edited state COVID-19 statistics to downplay deaths caused by his placement of contagious people in nursing homes, a new congressional investigation found.

For months, New York was the hardest hit of any state by the pandemic, due in large part to the coronavirus spreading within the state’s nursing homes. Cuomo, who resigned in 2021 over sexual harassment claims, ordered that nursing homes cannot turn away patients diagnosed with COVID-19 despite the fact the virus was most dangerous to the elderly.

He initially tried to blame nursing home deaths on the Trump administration by claiming that a federal Centers for Disease Control and Prevention (CDC) guidance forced him to put the infected back in nursing homes (the CDC actually called for elderly housing decisions to be made on a case-by-case basis). But even the office of New York Attorney General (and fellow Democrat) Letitia James found Cuomo’s administration undercounted COVID-19 deaths in nursing homes by as much as half.

A 2021 report by the Judiciary Committee of the New York State Assembly found that Cuomo and his senior aides edited state COVID-19 reports and undercounted nursing home deaths “on multiple occasions” to “strengthen the defense” of his order by excluding COVID deaths that occurred once patients left their nursing home.

On Monday, the U.S. House Select Subcommittee on the Coronavirus Pandemic released a memo confirming those findings, National Review reported.

“The Cuomo Administration is responsible for recklessly exposing New York’s most vulnerable population to COVID-19,” subcommittee chair Brad Wenstrup, a Republican from Ohio, said. “Today’s memo holds Mr. Cuomo and his team accountable for their failures and provides the most detailed and comprehensive accounting of New York’s pandemic-era wrongdoing.”

The committee found that Cuomo assistant Stephanie Benson emailed top aides to get out a “report on the facts” to prevent the governor’s nursing home directive from becoming a “great debacle in the history books. Cuomo has publicly denied involvement in creating the report, his former adviser, Jim Malatras, testified that Cuomo made his desires clear to the authors through his aids and handwritten notes, and even reviewed and edited the document himself multiple times.

Former New York State Department of Health official Dr. Eleanor Adams told investigators that her department did not independently author the report or was it peer reviewed. Others testified that the decision to remove out-of-facility deaths from the count came from the New York Executive Chamber, i.e., the governor’s cabinet.

Cuomo himself testified before the subcommittee this week, where he continued to maintain his innocence. He did, however, admit that he never spoke to anyone at the CDC or Centers for Medicare and Medicaid Services about the scientific justification for his nursing home directive before issuing it.

In May, U.S. Supreme Court Justice Neil Gorsuch penned an opinion identifying America’s COVID response measures as “the greatest intrusions on civil liberties in the peacetime history of this country,” against which Congress, state legislatures, and courts alike were largely negligent to protect constitutional rights, personal liberty, and the rule of law.

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