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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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New report warns Ottawa’s ‘nudge’ unit erodes democracy and public trust

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Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms has released a new report titled Manufacturing consent: Government behavioural engineering of Canadians, authored by veteran journalist and researcher Nigel Hannaford. The report warns that the federal government has embedded behavioural science tactics in its operations in order to shape Canadians’ beliefs, emotions, and behaviours—without transparency, debate, or consent.

The report details how the Impact and Innovation Unit (IIU) in Ottawa is increasingly using sophisticated behavioural psychology, such as “nudge theory,” and other message-testing tools to influence the behaviour of Canadians.

Modelled after the United Kingdom’s Behavioural Insights Team, the IIU was originally presented as an innocuous “innovation hub.” In practice, the report argues, it has become a mechanism for engineering public opinion to support government priorities.

With the arrival of Covid, the report explains, the IIU’s role expanded dramatically. Internal government documents reveal how the IIU worked alongside the Public Health Agency of Canada to test and design a national communications strategy aimed at increasing compliance with federal vaccination and other public health directives.

Among these strategies, the government tested fictitious news reports on thousands of Canadians to see how different emotional triggers would help reduce public anxiety about emerging reports of adverse events following immunization. These tactics were designed to help achieve at least 70 percent vaccination uptake, the target officials associated with reaching “herd immunity.”

IIU techniques included emotional framing—using fear, reassurance, or urgency to influence compliance with policies such as lockdowns, mask mandates, and vaccine requirements. The government also used message manipulation by emphasizing or omitting details to shape how Canadians interpreted adverse events after taking the Covid vaccine to make them appear less serious.

The report further explains that the government adopted its core vaccine message—“safe and effective”—before conclusive clinical or real-world data even existed. The government then continued promoting that message despite early reports of adverse reactions to the injections.

Government reliance on behavioural science tactics—tools designed to steer people’s emotions and decisions without open discussion—ultimately substituted genuine public debate with subtle behavioural conditioning, making these practices undemocratic. Instead of understanding the science first, the government focused primarily on persuading Canadians to accept its narrative. In response to these findings, the Justice Centre is calling for immediate safeguards to protect Canadians from covert psychological manipulation by their own government.

The report urges:

  1. Parliamentary oversight of all behavioural science uses within federal departments, ensuring elected representatives retain oversight of national policy.
  2. Public disclosure of all behavioural research conducted with taxpayer funds, creating transparency of government influence on Canadians’ beliefs and decisions.
  3. Independent ethical review of any behavioural interventions affecting public opinion or individual autonomy, ensuring accountability and informed consent.

Report author Mr. Hannaford said, “No democratic government should run psychological operations on its own citizens without oversight. If behavioural science is being used to influence public attitudes, then elected representatives—not unelected strategists—must set the boundaries.”

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Freedom Convoy protestor Evan Blackman convicted at retrial even after original trial judge deemed him a “peacemaker”

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Evan Blackman and his son at a hockey game 

Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that peaceful Freedom Convoy protestor Evan Blackman has been convicted of mischief and obstructing a peace officer at the conclusion of his retrial at the Ontario Court of Justice, despite being fully acquitted on these charges at his original trial in October 2023.

The Court imposed a conditional discharge, meaning Mr. Blackman will have no jail time and no criminal record, along with 12 months’ probation, 122 hours of community service, and a $200 victim fine surcharge.

The judge dismissed a Charter application seeking to have the convictions overturned on the basis of the government freezing his bank accounts without explanation amid the Emergencies Act crackdown in 2022.

Lawyers funded by the Justice Centre had argued that Mr. Blackman acted peacefully during the enforcement action that followed the federal government’s February 14, 2022, invocation of the Emergencies Act. Drone footage entered as evidence showed Mr. Blackman deescalating confrontations, raising his hand to keep protestors back, and kneeling in front of officers while singing “O Canada.” The original trial judge described Mr. Blackman as a “peacemaker,” and acquitted him on all charges, but the Crown challenged that ruling, resulting in the retrial that has now led to his conviction.

Mr. Blackman was first arrested on February 18, 2022, during the police action to clear protestors from downtown Ottawa. Upon his release that same day, he discovered that three of his personal bank accounts had been frozen under the Emergency Economic Measures Order. RCMP Assistant Commissioner Michel Arcand later confirmed that 257 bank accounts had been frozen nationwide under the Emergencies Act.

Constitutional lawyer Chris Fleury said, “While we are relieved that Mr. Blackman received a conditional discharge and will not carry a criminal record, we remain concerned that peaceful protestors continue to face disproportionate consequences stemming from the federal government’s response in February 2022.”

“We are disappointed that the Court declined to stay Mr. Blackman’s convictions, which are tainted by the serious infringements of his Charter-protected rights. Mr. Blackman is currently assessing whether he will be appealing this finding,” he added.

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