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Frontier Centre for Public Policy

The Worrisome Wave of Politicized Prosecutions

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Unusual punishment: The 2022 truckers’ protest at the Coutts, Alberta border crossing (top) led to charges against four men (bottom left to right), Chris Carbert, Tony Olienick, Jerry Morin and Chris Lysak; Morin and Lysak were held in custody for almost two years while the other two are still in prison. (Sources of photos: (top) The Canadian Press/Jeff Mcintosh; (bottom) CBC)

From the C2C Journal

By Gwyn Morgan

Shaping criminal charges, bail decisions or prison sentences around an accused person’s political or religious beliefs is utterly odious – a hallmark of tinpot tyrannies and totalitarian hellholes. Such practices have no place in any constitutional nation, let alone a mature democracy that presents itself as a model to the world. But that is increasingly the situation in Canada, writes Gwyn Morgan. Comparing the treatment of protesters accused of minor infractions to those of incorrigible criminals who maim and kill, Morgan finds a yawning mismatch that suggests political motivations are increasingly a factor in today’s criminal justice system.

On January 29, 2022, a small convoy of trucks headed down to the U.S. border crossing at Coutts, Alberta to join in the nationwide protests against the Covid-19 vaccine mandate that the Justin Trudeau government had recently imposed on cross-border truckers – the very people Trudeau had previously described as “heroes” for delivering food and other essentials in the depths of the pandemic. Joined by many locals in pickup trucks and farm machinery, the truckers’ border protest turned into a full-scale blockade that would last 17 days. Just as it appeared to be settling into an extended stalemate, heavily armed police tactical teams swooped down upon several locations and arrested 14 protesters, charging four with the ominous crimes of conspiracy to commit murder (of police officers), mischief, a raft of weapons offences and uttering threats. These were bewildering accusations given the overall context of the event.

As the blockade almost instantly dissolved given that none of the protesters wanted to be linked to potentially violent offenders, the four men – Chris Lysak, Jerry Morin, Chris Carbert and Tony Olienick – were locked away. Lysak and Morin spent 723 days – nearly two years – in pre-trial custody, 74 of which Morin was kept in solitary confinement. Finally, after their new lawyer, Daniel Song, filed a Charter of Rights and Freedoms application demanding that the courts re-examine the case, the Crown suddenly accepted a plea deal on much lesser firearms charges. One month ago – on February 6 – Morin and Lysak were abruptly released. But they had already served the equivalent of a typical sentence for a serious crime in Canada – manslaughter or assault, say. Hard-working tradesmen with young families, Morin and Lysak will never get those two years back. Carbert and Olienick remain in prison and still face the full raft of charges; their trial is to begin in May.

Contrast this with the recent case of a mother and daughter – Carolann Robillard and Sara Miller, 11 – who were fatally stabbed in a horrific random attack outside an Edmonton school. Their accused killer, Muorater Arkangelo Mashar, had a long criminal record of assaults, assault with a weapon and robbery; he had been released from custody 18 days prior to the murders. Such events are no longer exceptions in Canada’s criminal justice system. They’re not cases of someone “falling through the cracks” – getting out due to a glitch or individual act of incompetence. They are routine. This is how things are now done in Canada. Vancouver police, for example, catch and release the same criminal offenders over and over, sometimes close to 100 times, because they always make bail.

By contrast, the four Coutts protesters were repeatedly denied bail despite having no criminal records. For this reason, social media users raised the possibility that they were, in effect, political prisoners being persecuted for having stood up so defiantly against the vaccine mandate and embarrassing Trudeau. Just a week or so following their arrests, over 3,000 km away on Parliament Hill, the Trudeau government moved against a peaceful protest that was breaking no significant laws other than, possibly, some municipal noise ordnances and parking bylaws. Police arrested and incarcerated four prominent protesters whom there was no credible basis to imprison and hold without bail. Of the four, Chris Barber was released within a day. Pat King and George Billings, however, were denied bail despite facing only minor mischief charges; they would spend months in jail. Billings eventually pled guilty to one charge and was released, while King’s trial has yet to begin.

Political prisoners: At the Freedom Convoy protest in Ottawa (top), police arrested (bottom left to right) Chris Barber, Pat King and George Billings; Barber was released but King and Billings were denied bail despite facing only minor mischief charges. (Sources of photos: (top) Maksim Sokolov (Maxergon), licensed under CC BY-SA 4.0; (bottom left) Public Order Emergency Commission; (bottom middle) Calgary Herald; (bottom right) The South Peace News)

The treatment of the fourth prominent protester was especially egregious. The day before police wielding the draconian powers of the federal Emergencies Act moved in to forcibly break up and disperse the Ottawa protesters from Parliament Hill and Wellington Street, they arrested a woman who had journeyed across the country to serve as co-organizer and spokesperson for the protesting truckers. Tamara Lich, a Métis grandmother from Alberta, was criminally charged with “one count each of mischief, intimidation, obstructing a highway and obstructing a police officer, as well as five counts of counselling others to commit those same charges.” It’s hard to imagine how this petite, soft-spoken woman could “obstruct police or intimidate” anyone. Handcuffed between two towering federal police officers, Lich was placed in solitary confinement in a dungeon-like cell with a tiny window 5 metres above her head.

Section 515 of the Criminal Code of Canada covers Judicial Interim Release – the formal term for bail – and states in part: “…the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.” The Criminal Code also specifies that bail should be granted with the fewest conditions possible and should consider the person’s background, criminal record and any threat their release might pose to the public.

Lich spent two weeks in jail and was then released under strict and stifling bail conditions that went beyond what is typically imposed even on accused bank robbers or murderers, including a prohibition against using social media and orders not to communicate with anyone associated with the convoy. That summer, the Justice Centre for Constitutional Freedoms selected Lich as the 2022 recipient of its annual George Jonas Freedom Award “in recognition of her outstanding dedication to the cause of freedom.” At the awards ceremony in Toronto, Lich was photographed with another person associated with the convoy. She was then rearrested in Alberta, handcuffed and shackled, and flown back to Ottawa. She spent another 30 days in prison before again being released on bail after a different judge ruled that there had been “no significant interaction” at the awards ceremony – though the judge did not strike any of the oppressive bail conditions themselves.

Convoy organizer Tamara Lich, a Métis grandmother from Alberta, was put in solitary confinement on charges of mischief and “intimidation” then released with draconian bail restrictions; she was later re-arrested after a gala in Toronto (right) and sent back to jail for 30 days. (Sources of photos: (left) X; (right) Facebook/Stacey Kauder)

Around the same time, Randall McKenzie, a habitual offender charged with weapons violations and assaulting a police officer, was set free with no conditions other than periodically reporting to his parole officer. On December 27, 2022, Ontario Provincial Police Constable Greg Pierzchala was murdered in an ambush-style attack; McKenzie and his girlfriend stand accused of the horrific crime. Again, such events now occur with sickening regularity. Just three months previously, habitual violent offender Myles Sanderson went on one of Canada’s worse-ever rampages, stabbing 10 people to death, including his own brother, and wounding another 18 on the James Smith Cree Nation in Saskatchewan. Over the years Sanderson had racked up the impossible-sounding total of 125 criminal charges plus numerous parole violations, but had been again let out because a parole board member deemed he “will not present an undue risk to society.”

In stark contrast to the treatment of freedom protesters, hardened criminals such as (left to right) Muorater Arkangelo Mashar, Randall McKenzie and Myles Sanderson have been routinely set free with no enforcement of their bail conditions, and then go on to commit more horrific crimes. (Sources of photos: (left to right) Global NewsThe Hamilton SpectatorCBC)

In contrast to Mashar, McKenzie, Sanderson and many hundreds of other criminals, it is inconceivable that Tamara Lich could be considered a risk to anyone. She has no criminal record. And under Canada’s warped justice system her Indigenous background should have worked to her advantage in providing even lighter than normal treatment. Lich would probably recoil at asking for such a thing, but the Crown and court are obliged to consider it.

All of that went out the window in Lich’s case, however. In opposing bail at one of her several such hearings, Crown Prosecutor Moiz Karimjee told the judge the government might well seek a prison sentence of 10 years – something never previously imposed in Canada for a mischief charge and fully in keeping with sentences for murder, bank robbery or violent sexual assault. It is difficult to avoid concluding that people in high office wanted the court to teach Lich and the others a lesson – and send a message to dissidents across the country.

Whether or not there has been direct political interference, Canada’s justice system is no longer entirely trustworthy. Just two months after the forcible takedown of the Ottawa protests, no less a figure than Richard Wagner, Chief Justice of the Supreme Court of Canada, described the Freedom Convoy protest as “the beginning of anarchy where some people have decided to take other citizens hostage.” It was a grotesque exaggeration, but it wasn’t all that Canada’s highest-ranked impartial jurist had to say. “Forced blows against the state, justice and democratic institutions like the one delivered by protesters,” he declared, “should be denounced with force by all figures of power in the country.” Who outside a dictatorship even talks that way?

Supreme Court Chief Justice Richard Wagner speaks during a welcoming ceremony, Thursday, October 28, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

Lich’s trial, together with that of convoy co-organizer Barber, finally began last September in the Ontario Court of Justice. It was expected to finish by mid-October but has been taking much longer. After adjourning in December, it resumed in January but was interrupted again after one day. Further hearings are to be held this week. The completion date is uncertain due to limited court time and the tenacious, tireless defence by the formidable Lawrence Greenspon, which appears to have rattled the prosecution.

Tamara Lich, Pat King, George Billings, Chris Lysak, Jerry Morin, Chris Carbert and Tony Olienick have spent a cumulative total of more than 3,200 days in jail – nearly 9 years – and this total will climb further because two of them remain in prison awaiting trial. Meanwhile, Canada’s bail laws continue to allow violent habitual offenders loose after just a few days in custody, while the parole system leaks like a poisonous sieve.

One of the cornerstones separating a democracy from a dictatorship is the prohibition of government interference in the judicial process. But in 2013, the then-aspiring political leader Justin Trudeau stated, “There is a level of admiration I actually have for China[’s]…basic dictatorship.” Even worse, Trudeau named China as the government he admired most in the world. Since then, Canadians have been given reason to believe he meant this literally.

Punishing dissent: The treatment of the freedom protesters under Justin Trudeau’s government seems disturbingly similar to the behaviour of totalitarian regimes in China, Russia and the former Soviet Bloc. Shown at top, Chinese Christians (left) and Uyghur inmates (right) jailed in China; at bottom, political dissidents in Russia (left) and Kazakhstan (right). (Sources of photos: (top right) The Guardian; (bottom left) Ilya Pitalev/RIA Novosti; (bottom right) Epa-Efe/Igor Kovalenko)

Given the facts at hand, given the Prime Minister’s venomous rhetoric against his opponents, given his repeated ethical lapses, and given that he has interfered in at least one prosecution before, it is hard to escape the conclusion that Lich and the others are political prisoners being persecuted at the behest of the Trudeau government. Whether this is due to key players in the justice system reading the implicit signals and acting accordingly, or due to direct interference, we cannot say – and might never know for sure. Either way, Canadians should be revolted. One thing we do know: news of yet another murder or egregious assault by a violent offender out on bail will come all too soon.

Gwyn Morgan is a retired business leader who was a director of five global corporations.

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COVID-19

Report Shows Politics Trumped Science on U.S. Vaccine Mandates

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From the Frontier Centre for Public Policy

By Lee Harding

If you thought responsible science drove the bus on the pandemic response, think again. A December 2024 report by the U.S. House of Representatives Select Subcommittee, Coronavirus Pandemic shows that political agendas made regulatory bodies rush vaccine approvals, mandates, and boosters, causing public distrust.

After Action Review of the COVID-19 Pandemic: The Lessons Learned and a Path Forward” praised the Trump administration’s efforts to speed up vaccine development. By contrast, the report said presidential candidate Joe Biden and vice-presidential candidate Kamala Harris undermined public confidence.

“[W]hy do we think the public is gonna line up to be willing to take the injection?” Joe Biden asked on September 5, 2020. This quote appeared in a Politico article titled “Harris says she wouldn’t trust Trump on any vaccine released before [the] election.”

The House report noted, “These irresponsible statements eventually proved to be outright hypocrisy less than a year later when the Biden-Harris Administration began to boldly decry all individuals who decided to forgo COVID-19 vaccinations for personal, religious, or medical reasons.”

Millions of doses of COVID-19 vaccines were administered beginning in December 2020 under an Emergency Use Authorization. This mechanism allows unapproved medical products to be used in emergency situations under certain criteria, including that there are no alternatives. The only previous EUA was for the 2004 anthrax vaccine, which was only administered to a narrow group of people.

By the time vaccines rolled out, SARS-CoV-2 had already infected 91 million Americans. The original SARS virus some 15 years prior showed that people who recovered had lasting immunity. Later, a January 2021 study of 200 participants by the La Jolla Institute of Immunology found 95 per cent of people who had contracted SARS-CoV-2 (the virus behind COVID-19) had lasting immune responses. A February 16, 2023 article by Caroline Stein in The Lancet (updated March 11, 2023) showed that contracting COVID-19 provided an immune response that was as good or better than two COVID-19 shots.

Correspondence suggests that part of the motivation for full (and not just emergency) vaccine approval was to facilitate vaccine mandates. A July 21, 2021, email from Dr. Marion Gruber, then director of vaccine reviews for the Food and Drug Administration (FDA), recalled that Dr. Janet Woodcock had stated that “absent a license, states cannot require mandatory vaccination.” Woodcock was the FDA’s Principal Deputy Commissioner at the time.

Sure enough, the FDA granted full vaccine approval on August 23, 2021, more than four months sooner than a normal priority process would take. Yet, five days prior, Biden made an announcement that put pressure on regulators.

On August 18, 2021, Biden announced that all Americans would have booster shots available starting the week of September 20, pending final evaluation from the FDA and the U.S. Centers for Disease Control and Prevention (CDC).

Some decision-makers objected. Dr. Marion Gruber and fellow FDA deputy director of vaccine research Dr. Philip Krause had concerns regarding the hasty timelines for approving Pfizer’s primary shots and boosters. On August 31, 2021, they announced their retirements.

According to a contemporary New York Times article, Krause and Gruber were upset about Biden’s booster announcement. The article said that “neither believed there was enough data to justify offering booster shots yet,” and that they “viewed the announcement, amplified by President Biden, as pressure on the F.D.A. to quickly authorize them.”

In The Lancet on September 13, 2021, Gruber, Krause, and 16 other scientists warned that mass boosting risked triggering myocarditis (heart inflammation) for little benefit.

“[W]idespread boosting should be undertaken only if there is clear evidence that it is appropriate,” the authors wrote. “Current evidence does not, therefore, appear to show a need for boosting in the general population, in which efficacy against severe disease remains high.”

Regardless, approval for the boosters arrived on schedule on September 24, 2021. CDC Director Dr. Rochelle Walensky granted this approval, but for a wider population than recommended by her advisory panel. This was only the second time in CDC history that a director had defied panel advice.

“[T]his process may have been tainted with political pressure,” the House report found.

Amidst all this, the vaccines were fully licensed. The FDA licensed the Comirnaty (Pfizer-BioNTech) vaccine on August 23, 2021. The very next day, Defense Secretary Lloyd Austin issued a memo announcing a vaccine mandate for the military. Four other federal mandates followed.

“[T]he public’s perception [is] that these vaccines were approved in a hurry to satisfy a political agenda,” the House report found.

The House report condemned the dubious process and basis for these mandates. It said the mandates “ignored natural immunity, … risk of adverse events from the vaccine, as well as the fact that the vaccines don’t prevent the spread of COVID-19.”

The mandates robbed people of their livelihoods, “hollowed out our healthcare and education workforces, reduced our military readiness and recruitment, caused vaccine hesitancy, reduced trust in public health, trampled individual freedoms, deepened political divisions, and interfered in the patient-physician relationship,” the report continued.

The same could be said of Canadian vaccine mandates, as shown by the National Citizen’s Inquiry hearings on COVID-19. Unfortunately, an official federal investigation and a resulting acknowledgement do not seem forthcoming. Politicized mandates led to profits for vaccine manufacturers but left “science” with a sullied reputation.

Lee Harding is a Research Fellow for the Frontier Centre for Public Policy.

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Energy

Why Canada Must Double Down on Energy Production

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From the Frontier Centre for Public Policy

By Lee Harding

Must we cancel fossil fuels to save the earth? No.

James Warren, adjunct professor of environmental sociology at the University of Regina said so in a recent paper for the Johnson Shoyama School of Public Policy, a joint effort by his university and the University of Saskatchewan. The title says it all: “Maximizing Canadian oil production and exports over the medium-term could help reduce CO2 emissions for the long-term.”

The professor admits on the face of it, his argument sounds like a “drink your way to sobriety solution.” However, he does make the defensible and factual case, pointing to Canadian oil reserves and a Scandinavian example.

Decades ago, Norway imitated the 1970’s Heritage Fund in Alberta that set aside a designated portion of the government’s petroleum revenues for an investment fund. Unlike Alberta, Norway stuck to that approach. Today, those investments are being used to develop clean energy and offer incentives to buy electric vehicles.

Norway’s two largest oil companies, Aker BP and Equinor ASA have committed $19 billion USD to develop fields in the North and Norwegian Seas. They argue that without this production, Norway would never be able to afford a green transition.

The same could be said for Canada. Warren laid out stats since 2010 that showed Canada’s oil exports contribute an average of 4.7% of the national GDP. Yet, this noteworthy amount is not nearly what it could be.

Had Trans Mountain, Northern Gateway, and Energy East pipelines been up and running at full capacity from 2015 to 2022, Warren estimates Canada would have seen $292 billion Canadian in additional export revenues. Onerous regulations, not diminished demand, are responsible for Canada’s squandered opportunities, Warren argues this must change.

So much more could be said. Southeast Asia still relies heavily on coal-fired power for its emerging industrialization, a source with twice the carbon emission intensity as natural gas. If lower global emissions are the goal, Canadian oil and natural gas exports offer less carbon-intensive options.

China’s greenhouse gas emissions (GHGs) are more than four times what they were in 1990, during which the U.S. has seen its emissions drop. By now, China is responsible for 30% of global emissions, and the U.S. just 11%. Nevertheless, China built 95% of the world’s new coal-fired power plants in 2023. It aims for carbon neutrality by 2060, not 2050, like the rest of the world.

As of 2023, Canada contributes 1.4 percent of global GHGs, the tenth most in the world and the 15th highest per capita. Given its development and resource-based economy, this should be viewed as an impressively low amount, all spread out over a geographically diverse area and cold climate.

This stat also reveals a glaring reality: if Canada was destroyed, and every animal and human died, all industry and vehicles stopped, and every furnace and fire ceased to burn, 98.6% of global greenhouse gas emissions would remain. So for whom, or to what end, should Canada kneecap its energy production and the industry it fuels?

The only ones served by a world of minimal production is a global aristocracy whose hegemony would no longer be threatened by the accumulated wealth and influence of a growing middle class. That aristocracy is the real beneficiary of prevailing climate change narratives on what is happening in our weather, why it is happening, and how best to handle it.

Remember, another warming period occurred 1000 years ago. The Medieval Warming Period took place between 750 and 1350 AD and was warmest from 950 to 1045, affecting Europe, North America, and the North Atlantic. By some estimates, average summer temperatures in England and Central Europe were 0.7-1.4 degrees higher than now.

Was that warming due to SUVs or other man-made activity? No. Did that world collapse in a series of floods, fires, earthquakes, and hurricanes? No, not in Europe at least. Crop yields grew, new cities emerged, alpine tree lines rose, and the European population more than doubled.

If the world warms again, Canada could be a big winner. In May of 2018, Nature.com published a study by Chinese and Canadian academics entitled, Northward shift of the agricultural climate zone under 21st-Century global climate change. If the band of land useful for crops shifts north, Canada would get an additional 3.1 million square kilometers of farmland by 2099.

Other computer models suggest warming temperatures would cause damaging weather. Their accuracy is debatable, but even if we concede their claims, it does not follow that energy production should drop. We would need more resilient housing to handle the storms and we cannot afford them without a robust economy powered by robust energy production. Solar, wind, and geothermal only go so far.

Whether temperatures are warming or not, Canada should continue tapping into the resources she is blessed with. Wealth is a helpful shelter in the storms of life and is no different for the storms of the planet. Canada is sitting on abundant energy and should not let dubious arguments hold back their development.

Lee Harding is Research Fellow for the Frontier Centre for Public Policy.

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