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COVID-19

$290 million lawsuit against Freedom Convoy participants designed to silence expression

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4 minute read

From the Justice Centre for Constitutional Freedoms

This lawsuit also seeks damages from citizens who donated to the peaceful protest.

Lawyers on behalf of Chris Barber, Tamara Lich, and other Freedom Convoy participants argue that the $290 million class action against them is designed to silence their expression–expression the public had an interest in hearing [Image by Dave Chan/AFP via Getty Images]

OTTAWA, ON: The Justice Centre announces that lawyers representing Tamara Lich, Chris Barber and other defendants against a class-action lawsuit brought by Zexi Li and other Ottawa residents will be in court this Thursday, December 14, 2023. Tamara Lich and the other defendants have filed an application to dismiss Zexi Li’s $290 million class action as a Strategic Lawsuit Against Public Participation (SLAPP)–a lawsuit designed to silence the expression of peaceful protesters.

In February 2022, Ottawa residents Zexi Li and Geoffrey Delaney, Happy Goat Coffee Company, and a local union commenced a $290 million class-action lawsuit against Chris Barber, Tamara Lich, and other Freedom Convoy participants, seeking damages against peaceful protesters for allegedly causing a nuisance. This lawsuit also seeks damages from citizens who donated to the peaceful protest.

Anti-SLAPP legislation serves to protect defendants against “Strategic Lawsuits Against Public Participation” (SLAPP)–lawsuits designed to silence a defendant’s freedom of expression through threats of damages or costs. Anti-SLAPP motions are designed to end such lawsuits and are available to a defendant in any proceeding against them. Once an anti-SLAPP motion has been filed, the defendant must demonstrate that the proceeding against them arises from their expression that “relates to a matter of public interest.” If the defendant can demonstrate that their expression does relate to a matter of public interest, the plaintiff must then demonstrate that their lawsuit has “substantial merit” and that the defendant has no valid defence. A judge must then weigh the importance of the expression at stake against the importance of the plaintiff’s allegations of harm.

Lawyers in the Justice Centre network argue that the proceedings against Tamara Lich, Chris Barber and others do, in fact, arise from their expression. Donating to and participating in the Freedom Convoy amounted to an expression of support for the protest, and of disagreement with the Government of Canada’s response to Covid–matters of public interest. Further, lawyers argue that Zexi Li’s class-action lawsuit contains factual and legal weaknesses; it is not obvious that the proceeding against the defendants has “substantial merit.” Finally, lawyers argue that the defendants do have valid defences and that the value of the expression at issue outweighs the allegations of nuisance against them.

On Thursday, December 14, 2023, the parties will proceed to oral argument at the Ontario Superior Court of Justice, arguing that the plaintiffs’ entire class-action lawsuit is, in fact, a SLAPP action disguised as a nuisance claim and that the lawsuit is merely intended to punish the defendants for participating in the 2022 Freedom Convoy protest. If successful, all or part of the class-action lawsuit will be dismissed.

Lawyer James Manson stated, “Zexi Li’s lawsuit engages the very purpose that ‘anti-SLAPP’ legislation was designed to address: an attempt to silence peaceful expression, and the right of defendants to participate in public debate.”

John Carpay, President of the Justice Centre, stated “The fundamental Charter freedoms of expression, association and peaceful assembly must be vigorously protected and defended, whether they are attacked directly by government or indirectly through a misguided civil action.”

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COVID-19

Canadian Health Department funds study to determine effects of COVID lockdowns on children

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From LifeSiteNews

By Anthony Murdoch

The commissioned study will assess the impact on kids’ mental well-being of COVID lockdowns and ‘remote’ school classes that banned outdoor play and in-person learning.

Canada’s Department of Health has commissioned research to study the impact of outdoor play on kids’ mental well-being in light of COVID lockdowns and “remote” school classes that, for a time, banned outdoor play and in-person learning throughout most of the nation. 

In a notice to consultants titled “Systematic Literature Reviews And Meta Analyses Supporting Two Projects On Children’s Health And Covid-19,” the Department of Health admitted that “Exposure to green space has been consistently associated with protective effects on children’s physical and mental health.”

A final report, which is due in 2026, will provide “Health Canada with a comprehensive assessment of current evidence, identify key knowledge gaps and inform surveillance and policy planning for future pandemics and other public health emergencies.”

Bruce Squires, president of McMaster Children’s Hospital of Hamilton, Ontario, noted in 2022 that “Canada’s children and youth have borne the brunt” of COVID lockdowns.

From about March 2020 to mid-2022, most of Canada was under various COVID-19 mandates and lockdowns, including mask mandates, at the local, provincial, and federal levels. Schools were shut down, parks were closed, and most kids’ sports were cancelled. 

Mandatory facemask polices were common in Canada and all over the world for years during the COVID crisis despite over 170 studies showing they were not effective in stopping the spread of COVID and were, in fact, harmful, especially to children.

In October 2021, then-Prime Minister Justin Trudeau announced unprecedented COVID-19 jab mandates for all federal workers and those in the transportation sector, saying the un-jabbed would no longer be able to travel by air, boat, or train, both domestically and internationally.

As reported by LifeSiteNews, a new report released by the Justice Centre for Constitutional Freedoms (JCCF) raised alarm bells over the “harms caused” by COVID-19 lockdowns and injections imposed by various levels of government as well as a rise in unexplained deaths and bloated COVID-19 death statistics.

Indeed, a recent study showed that COVID masking policies left children less able to differentiate people’s emotions behind facial expressions.

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COVID-19

Ontario student appeals ruling that dismissed religious objection to abortion-tainted COVID shot

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From LifeSiteNews

By Clare Marie Merkowsky

An Ontario Tech University student is seeking judicial review after the Human Rights Tribunal of Ontario ruled his beliefs did not qualify as protected ‘creed.’

An Ontario university student who was punished for refusing the COVID shot is contesting a tribunal ruling that rejected his religious objection to the vaccine.

In a November 28 press release, the Justice Centre for Constitutional Freedoms (JCCF) announced that a judicial review has been filed on behalf of former Ontario Tech University student Philip Anisimov after his religious objection to the COVID vaccine was dismissed by an Ontario court.

“Mr. Anisimov’s objection to the Covid vaccine was deeply rooted in his religious commitment to live according to biblical precepts,” Constitutional lawyer Hatim Kheir declared. “He hopes the Divisional Court will clarify that his religious objection was protected by the Human Rights Code and entitled to protection.”

In 2021, Ontario mandated that all students in the province show proof of vaccination unless they had an exemption or agreed to attend a COVID jab education session boasting about the shots. The third option was not available at Ontario Tech University, as schools could choose whether or not they would offer such a program to students.

Anisimov had requested an exemption from the experimental, abortion-tainted COVID shots on religious grounds but was denied and deregistered from his courses.

He was then forced to spend an entire extra year to complete his studies. According to his lawyers, Ontario Tech University’s decision to not approve his COVID jab exemption request “not only disrupted his career plans but also violated his right to be free from discrimination on the basis of religion, as protected by the Ontario Human Rights Code.”

The university’s refusal to honor his exemption prompted Anisimov to take legal action in April with help of the JCCF. However, the Human Rights Tribunal of Ontario rejected his religious objection, arguing that it was not protected as a “creed” under the Ontario Human Rights Code.

Now, Anisimov is appealing the ruling, hoping that his case will serve as a precedent for justice for students who were discriminated against for refusing the abortion-tainted vaccine.

“My hope is that this case helps set an important precedent and encourages Canadians to reflect on the direction our society is taking,” he explained. “My trust is that God does all things for the good of those who love Him, who are called by His purposes.”

Beyond health concerns, many Canadians, especially Catholics, opposed the vaccines on moral grounds because of their link to fetal cell lines derived from the tissue of aborted babies.

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