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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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Brownstone Institute

Medical Elites’ Disgrace Over Ivermectin

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From the Brownstone Institute

BY David GortlerDAVID GORTLER 

In the wake of the FDA settling a lawsuit brought against it for wantonly and aggressively smearing ivermectin, the agency has deleted its postings. That’s good, but we shouldn’t forget how egregiously it mischaracterized the drug, ignored copious evidence in its favor, and portrayed its proponents as dangerous crackpots.

About 30 months ago, America’s FDA was publishing articles with headlines like this: “Should I take ivermectin to treat COVID?” Answer: No. The agency also told Americans not to use ivermectin to prevent Covid. Then, in what became known as its infamous “horse tweet,” the FDA even patronizingly told Americans: “Seriously, y’all. stop it.

Prescribers who advocated for alternate treatments like ivermectin or hydroxychloroquine were mocked online by America’s “trusted journalists” as being part of a “right-wing conspiracy” and labeled “hucksters.” Those who didn’t demure to the Covid mRNA or other Big Pharma treatment narratives were banned, fired, and spoken harshly about around the world and into the reaches of the stratosphere in what seemed like coordinated messaging.

Many clinicians lost their jobs – at best. At worst, their reputations, practices, finances, and careers were shattered. If that was not bad enough, after losing their jobs, state medical and pharmacy boards initiated legal proceedings against their licensure, singling out their “off-label” Covid treatments, despite other off-label treatments being a near-ubiquitous component of pharmacy and medical practice.

A screenshot of a social media post Description automatically generated

Within days of FDA’s initial postings above, the American Pharmacist’s Association (APhA) the American Society of Health System Pharmacists (ASHP), and the American Medical Association (AMA) all collaborated to release a joint press release condemning doctors who prescribed ivermectin to treat Covid, but it appears that these organizations, instead of actually performing independent analysis of primary literature data, blindly regurgitated FDA, CDC, and NIH plus other government and Big Pharma talking points “strongly opposing” ivermectin use.

For generations and especially during the Covid pandemic, professionals depended on these “elite” medical groups. Some of them have existed for around 170 years and have around $150 million to $1.2 billion in assets, so they clearly had the history, personnel, and wherewithal to objectively examine published data. Even beyond that, the AMA has several floors in a skyscraper in Chicago and the APhA’s Constitution Avenue’s “landmark headquarters” is so luxuriant that it is advertised and utilized as a wedding venue.

Of course, that extravagance was paid for by millions of pharmacists, physicians, and benefactors who expected these organizations to act as a checksum and ensure excellent clinical practice standards. These medical organizations have a duty to honor their histories, responsibilities, and ethical duties to better the human condition through verified scientific evidence. Instead, they appeared to outrageously abandon their obligations from their lofty positions of respect, comfort, money, and power.

APhA, ASHP, and AMA Clinical Declarations Now Indefensible:

On March 22, the FDA rightly acquiesced and agreed to remove their anti-ivermectin postings due to 1) a lawsuit filed against them and 2) the impossible task of having to defend themselves with an overwhelming amount of data disagreeing with not only dispensing medical recommendations, but the published data backing their Covid-19 use (e.g., see below).

With that gone, the APhA, ASHP, and AMA assertions suddenly have no leg upon which to stand.

Several non-FDA links within their press releases have (unsurprisingly) also quietly vanished with no explanation. NIH references are slated to be shut down, on top of multiple FDA and CDC links already no longer working.

Ivermectin Mechanism of Action, History and Evidence:

The broad antiviral mechanism of action of ivermectin is complicated and may partially involve blocking the uptake of viral proteins, but the bottom line is that it has been shown to yield positive results in a variety of published results for Covid-19. Had APhA, ASHP, and AMA pharmacists and physicians independently examined the data, (as I, just one drug-safety analyst without fancy headquarters, have done) rather than simply parroting now-deleted narratives of others, they would have learned that ivermectin works as an antiviral.

It has an extensively proven track record of being not just safe – but astonishingly safe for a variety of viral diseases. This is not breaking or fringe science; it has been known for years. Ivermectin is such a safe and effective drug that back in 2015 it was the first drug for infectious disease associated with a Nobel Prize in 60 years.

While I have stacks of electronic files and printed materials, dog-eared and food/drink-stained, there is a most elegantly presented meta-analysis website designed by some brainy and web-savvy scientists detailing over 100 studies from over 1,000 different scientists, involving over 140,000 patients in 29 countries describing the benefit and safety of ivermectin for Covid-19 treatment. It actually appears to be more extensive than Cochrane’s outdated review of ivermectin which only examined 14 trials – and excluded seven of them from consideration.

A close-up of a blue sign Description automatically generated

According to these data, consisting of smaller international publications that include real-world findings and small observational studies, ivermectin shows a statistically significant lower Covid-19 risk as detailed in the image above.

The less-positive findings associated with late treatment/viral clearance/hospitalization data cohort were associated with delayed administration. That is because any late-state use of antiviral pharmacology tends to be ineffective after hundreds of millions of viral replications have taken place – whether it’s cold sores, influenza, AIDS, or Covid-19.

ASHP, APhA, and AMA Press Releases Contradict Available Data and Clinical Practice Standards:

When the FDA scolded Americans not to use ivermectin for Covid-19, on April 25, 2021, there were 43 different published manuscripts showing its potential benefit. Around three months later, on August 21, the FDA released its infamous horse/cow tweet which implied that ivermectin was only for animals, not humans. This “doubling down” occurred as an additional 20 studies had subsequently been written detailing additional benefits for Covid-19. See the timeline below:

In the picture shown above, the BLUE circles shown are studies which detail positive ivermectin study findings and the RED circles are negative. Negative data exists, but the positive ivermectin findings outnumber them both in study quantity and study size (illustrated by the circle sizes), according to meta analysis data published at: c19ivm.org

Multiple APhA/ASHP/AMA statements ignored published scientific and clinical evidence. Specifically, statements declaring the: “Use of ivermectin for the prevention and treatment of COVID-19 has been demonstrated to be harmful to patients” (bold emphasis theirs) are objectively inaccurate. I do not know on what basis those statements were made. The recommendation to healthcare professionals to …counsel patients against use of ivermectin as a treatment for COVID-19, including emphasizing the potentially toxic effects of this drug” represents a departure from pharmacist and physician practice standards.

The absurdity of the latter statement is quite outrageous. Pharmacists and physicians know that all drugs have “…potentially toxic effects” so if they applied the standard of “emphasizing potentially toxic effects” while discussing every prescribed medication, few if any patients would ever take any of their medications. The APhA/ASHP/AMA discriminatory hostility towards ivermectin was not only clinically unjustified and irresponsible; it was – as far as I know – without precedent.

These anti-ivermectin talking points also benefited new Big Pharma product advancement including the rebounding, overpriced taxpayer-funded boondoggle of Paxlovid and Remdesivir, such a “safe and effective” drug that hospitals had to be heavily incentivized (i.e., bribed) to entice nurses, physicians, and hospital administrators to promote its use with a staggering 20% “bonus” on the entire hospital bill paid by our federal government. Remdesivir quickly earned the sardonic nickname of “run-death-is-near” by American Frontline Nurses and others, due to serious questions about its clinical benefit.

Why were federal agencies’ and professional organizations’ talking points against ivermectin not backed by independent, original APhA/ASHP/AMA data examinations? That question needs to be thoroughly probed with regard to potential regulatory capture within these groups.

Both then and now, those FDA webpages, postings, and tweets were not just biased. They were irresponsible in their denigrating ivermectin as an off-label treatment, which is why they are now gone.

The question is, who was worse? The FDA for overstepping its congressional authority in not just making medical recommendations, but making recommendations ignoring data, or the servile “independent” elite professional organizations exuberantly echoing a narrative?

Prescient or not, here is an excerpt of the expert panel congressional testimony to the Covid Select House Oversight Committee, explaining the FDA’s disparaging ivermectin versus promoting mRNA injections using an automobile analogy, delivered just one day prior to the FDA’s yielding to physicians’ lawsuit to remove its postings denigrating ivermectin:

Heritage Foundation on X: ““To the countries, physicians, & pharmacists who prescribed ivermectin or hydroxychloroquine, I would like to tell you right now, you were right.” Dr. Gortler obliterated the “science” Americans were expected to believe about COVID treatments and the COVID vaccine in Congress… https://t.co/UJInVqdSdb” / X (twitter.com)

Despite FDA Settlement and Data Abundance, the Press is Still Anti-Ivermectin

Even after the FDA’s about-face, on March 26, 2024, a Los Angeles Times journalist published a column calling the removal of FDA tweets “groundless” unilaterally declaring ivermectin is still “conclusively shown to be useless against COVID-19,” comparing ivermectin to “snake oil,” and describing those who advocate for it as “purveyors of useless but lucrative nostrums” …whatever that means. (Regarding the ‘lucrative’ claim, it is worth noting that since ivermectin is generic and inexpensively available, it is not ‘lucrative’ to anyone.) It also referenced ivermectin lacking “scientific validation,” even though the above-cited data abundantly indicates otherwise.

Regarding the FDA’s choice to settle its lawsuit disparaging ivermectin, the FDA’s Center for Drug Evaluation and Research leadership isn’t “shooting itself in the foot” as the Times says. It seems that the FDA is indirectly attempting to prevent further embarrassment likely because it now realizes that its ivermectin assertions were wrong and outdated with every passing day. But where does that leave the APhA, ASHP, or AMA who heavily relied on these now deleted FDA links in their press releases?

The APhA, ASHP, AMA Response to the FDA’s Removal of Postings Used in Press Releases? An Embarrassing Silence:

Over a month later, and as of this publication date, none of these organizations have a single thing to say about their previous press releases quoting the now-removed FDA articles and tweets. In fact, here is an indication of their concerns: one week after the FDA acquiesced to remove its postings in ivermectin, APhA’s newly elected speaker chair and pharmacist Mary Klein is “happy danc[ing]” and giving her official acceptance speech wearing Mickey Mouse ears. ASHP’s (A/K/A “#MedicationExperts”) still shows its official page with clinicians wearing ineffective, unnecessary surgical masks despite the pandemic having ended well over a year ago and Cochrane reviews indicating that this sort of masking is almost certainly ineffective. AMA officials are making multiple posts on transgender issues and declaring climate change a public health crisis, – all while fully ignoring its impactful, incorrect, inappropriate statements on ivermectin.

Take a look:

The APhA, ASHP, and AMA have remained conspicuously silent on this topic while focusing their newsfeeds on everything but. To this day, their press releases remain online, with multiple dead links to government agencies. In blindly backing incorrect narratives pointing to removed web pages, they are now all alone in their ivermectin declarations.

Bottom line: ivermectin was and is safe, and more than likely effective for Covid when timed and dosed correctly, and under medical supervision, despite what was declared by organizations and federal officials. In fact, ivermectin’s general antiviral activity might even be helpful for bird flu (avian influenza) in animals and humans, in lieu of another novel adverse-event-ridden “warp speed” mRNA “vaccine” with an endless boondoggle of boosters.

The past and current record on ivermectin needs to be set straight. We know there is an important (but untransparent) list of who is responsible for misrepresenting published data, but will anyone be held accountable?

DISCLAIMER:  Do NOT discontinue or initiate taking ANY drug without first discussing it with a pharmacist or physician you know and trust. 

Author

  • David Gortler

    Dr. David Gortler, a 2023 Brownstone Fellow, is a pharmacologist, pharmacist, research scientist and a former member of the FDA Senior Executive Leadership Team who served as senior advisor to the FDA Commissioner on matters of: FDA regulatory affairs, drug safety and FDA science policy. He is a former Yale University and Georgetown University didactic professor of pharmacology and biotechnology, with over a decade of academic pedagogy and bench research, as part of his nearly two decades of experience in drug development. He also serves as a scholar at the Ethics and Public Policy Center

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COVID-19

COVID Is Over — But Did We Learn Anything From It?

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From the Daily Caller News Foundation

By PETER ROFF

 

The lockdowns instituted during the COVID pandemic were only supposed to last a few days. Remember “14 days to flatten the curve” was all that was needed to keep hospitals from being overwhelmed by patients infected with the rapidly spreading novel coronavirus.

Two weeks turned into three, then months. Schools were closedBusinesses were shut down. Commercial activity in the world’s most powerful nation ground almost to a halt, but the virus kept killing, mutating and spreading.

States like California and Kentucky enforced the lockdowns with ruthless efficiency. The free exercise of worship and assembly was crushed on the altar of public health and safety.

Was it worth it? The Committee to Unleash Prosperity’s report, “COVID Lessons Learned: A Retrospective After Four Years,” says no. Its authors, who include the Hoover Institution’s Dr. Scott Atlas (who served as an adviser to the White House Coronavirus Task Force), Johns Hopkins University economist Steve Hanke and the University of Chicago’s Casey Mulligan conclude, by using publicly available data and peer-reviewed studies, that the lockdowns cost more lives than they saved.

Atlas, Hanke, Mulligan and Phil Kerpen, president of the Committee to Unleash Prosperity (CTUP) and the fourth and final co-author, conclude: “The ordered shutdown of our schools, churches, and businesses brought little health benefits while imposing multi-trillions of dollars of long-term societal costs.”

“We did not focus on theories or models. We looked at cold, hard facts,” Kerpen says. “The evidence is overwhelming. Lockdowns, school closures, and societal panic/disruption resulted in a staggering number of excess non-COVID deaths in the United States versus zero in non-lockdown Sweden.”

Kerpen estimates that the policies implemented during the lockdowns saved approximately 16,000 lives while causing about 400,000 extra deaths and imposing staggering economic costs, including the loss of 49 million jobs.

Other adverse consequences stemming from the lockdowns cited in the report include a $6 trillion increase in government debt, hundreds of thousands of business bankruptcies and hundreds of thousands of excess deaths from loneliness, depression, alcoholism, drug abuse and delayed hospital care in part due to the forced social isolation.

In the U.S., catastrophes like COVID are usually followed by the appointment of bi-partisan, blue-ribbon commissions to study everything and issue recommendations we’re told will prevent something similar from happening again.

That hasn’t been done this time, which reinforces the suspicion in some minds that COVID-era policymakers who are still in a position to influence the conversation are hiding something. Having made a hash of things, they just as soon allow it all to slide down the memory hole.

Even in China, where popular opinion doesn’t matter, the investigation into the origins of the virus hit a stonewall thanks to what news reports have called “bureaucratic infighting.”

Too many people think the lockdowns worked. They’re ignoring the data. The CTUP report shows them to be wrong. It’s a call for a further probe that searches for the truth, no matter how uncomfortable it might be. Without it, how can we be sure the public’s health and safety will be protected the next time, not to mention our civil liberties?

The CTUP report offers a few “lessons learned” that should inform policymakers’ decision-making in the next crisis. One is that “Leaders should calm public fears, not stoke them.”

“Conventional wisdom pre-COVID was that communities respond best to pandemics when the normal social functioning of the community is least disrupted,” the authors conclude. During the pandemic, responsible officials in the public eye “intentionally stoked and amplified fear, which overlaid enormous economic, social, educational, and health harms on top of the harms of the virus itself.”

As hard as it is to argue against that, it’s easy to suggest the crisis was used as a political club. What of it? Suppose public health officials, the media, and other policymakers deliberately ignored sound science and proven pandemic countermeasures to inflict political damage on a president they wished to see booted from office. Does that matter? The answer is yes, it does.

There’s more to be learned because there’s more to be studied. None of the nations that used lockdowns to prevent COVID from spreading can report that they worked as intended.

“The best-performing major country in the world was Sweden,” Kerpen says, “which did not employ mandatory lockdowns. Yet, to the extent that official and unofficial commissions in many countries have issued reports, they say the principal lesson to be learned from the pandemic is to lockdown harder and faster. The evidence doesn’t support that. It tells us that the lockdown policies must never be imposed again.”

If Kerpen is correct, and the evidence suggests he is, then policymakers are drawing the wrong conclusions. Lockdowns were a failure, not a success.

Other ways must be found to prevent a future outbreak from turning into a pandemic, hopefully, before the next crisis presents itself.

A former U.S. News & World Report columnist and United Press International senior political writer, Peter Roff is an acknowledged expert on U.S. politics and the policy process. His take on politics and policy appears frequently in print and on U.S. and international broadcasting outlets. Email him at RoffColumns AT gmail.com. Follow him on social media AT TheRoffDraft.

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