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John Carpay innocent of criminal wrongdoing, charges stayed

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4 minute read

From the Justice Centre for Constitutional Freedoms

On October 27, 2023, Manitoba Crown Prosecutors stayed the criminal charges they had brought against Alberta lawyer and Justice Centre president John Carpay for intimidation (Criminal Code section 423) and obstructing justice (Criminal Code section 139).  

It was more than two years ago that Mr. Carpay apologized for having made an error in judgment by having included a judge in the passive surveillance of government officials. The sole purpose and intent of this passive surveillance in 2021 was to attempt to determine the veracity, or lack thereof, of rumours that Manitoba government officials (including judges) were not complying with the Covid restrictions which they themselves had placed on the people of Manitoba. During lockdowns, media reported that many government officials across Canada did not follow Covid restrictions.

The decision of the Crown to stay the charges reflects the fact that there was never any criminal wrongdoing on the part of Mr. Carpay. There was nothing criminal about Mr. Carpay’s error in judgment. There was never any intent to interfere with the course of justice or with the judicial process.

More than 17 months after this passive surveillance had taken place, Mr. Carpay was unexpectedly arrested on December 30, 2022, and spent 23 hours in jail during his Christmas holidays.

Lawyers in Manitoba and across Canada routinely hire private investigators, particularly in the practice of family law and insurance law. Crown Prosecutors know that there is nothing criminal about operating a private investigation business, or retaining a private investigator, or conducting passive surveillance. It is worth noting that no criminal charges were filed against the private investigators who conducted surveillance on the judge and on other government officials.

Further to a court appearance on Friday October 27, Mr. Carpay has entered into a civil Peace Bond Order through which he has agreed not to practice law for three years, and by which Mr. Carpay also agreed not to contact the Manitoba judge Glenn Joyal for three years. Mr. Carpay has never contacted this judge previously, apart from writing a letter of apology in October 2021. Mr. Carpay is already an inactive (non-practicing) lawyer, and will continue to carry out his responsibilities with the Justice Centre as he has been doing since 2010: fundraising, media relations, public speaking, and writing articles and columns.

Depriving a man of his liberty and of the company of his family and friends, particularly during his short Christmas vacation, was extremely stressful for Mr. Carpay and his family. It appears that these charges were brought against Mr. Carpay for political reasons, in an attempt to intimidate him.

Upon his release from prison on December 31, 2022, Mr. Carpay stated in a short video: “I am not going to be intimidated, and I’m going to keep on speaking out against … all the violations of our rights and freedoms.”

Mr. Carpay has borne the costs of paying for his own legal defence, and no Justice Centre funds have been expended in respect of this matter.

Mr. Carpay is extremely grateful for the encouragement and for the financial assistance which he has personally received from citizens across Canada who have supported him during the past nine months as he defended himself against these criminal charges.

Those wishing to donate to Mr. Carpay personally, to help pay off $20,000 in outstanding legal bills, are welcome to donate at Give-Send-Go.

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COVID-19

Trudeau government only sought legal advice after Emergencies Act was invoked, records indicate

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Canada’s Freedom Convoy in Ottawa                                                                      Minas Panagiotakis/Getty Images

From LifeSiteNews

By Anthony Murdoch

The two-page Memorandum For The Attorney General was dated February 15, 2022, and was written by the deputy director of prosecutions. The date of the memorandum is significant, as it comes after Trudeau had invoked the EA on February 14.

A Conservative MP’s request for information has revealed that the cabinet of Prime Minister Justin Trudeau waited until after it had invoked the Emergencies Act (EA), which was done to take down the peaceful Freedom Convoy, to get legal advice from Canada’s Attorney General on whether its use was lawful. 

As noted in a recent Blacklocks’s Reporter article, Access To Information records obtained by Conservative MP Arnold Viersen from the office of the Attorney General confirm what many MPs have been suspicious of for years, that Trudeau’s use of the EA was not really warranted.  

“I filed an Access To Information request for the memorandum on the Emergencies Act sent to the Attorney General from the Public Prosecution Service,” MP Viersen said in a statement to the media. 

“What did they advise the Attorney General? We will never know because Justin Trudeau censored it.” 

The documents, despite being censored, do reveal that the two-page Memorandum For The Attorney General was dated February 15, 2022, and was written by the deputy director of prosecutions. The date of the memorandum is significant, as it comes after Trudeau had invoked the EA on February 14.

Trudeau’s Attorney General Arif Virani, during testimony on February 28, said that there was a legal opinion offered regarding whether the use of the EA would be justified, but that its contents had to remain confidential.

This claim of secret legal advice has never been substantiated.

In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government enacted the EA on February 14, 2022. Trudeau revoked the EA on February 23.   

Earlier this year, Canada’s Federal Court announced that the use of the EA by the Trudeau government was a direct violation of the nation’s Charter of Rights and Freedoms, and thus was “not justified.”   

The Trudeau government has since appealed the court’s decision.   

I do not ‘believe for a second’ the ‘threshold’ was met to invoke EA  

Conservative MP Glen Motz told a February 28 hearing of the Special Joint Committee on the Declaration of Emergency that he did not believe for a “second” that the “broader interpretation even existed,” in terms of the legality of the EA’s use. 

“I still believe more strongly today than I did in 2022 that the circumstances to invoke the Emergencies Act were not met,” he said, noting that “The threshold was not met.” 

“I agree with Justice Mosley in his decision that it was in fact illegal and unconstitutional,” he said.  

The EA controversially allowed the government to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in assemblies the government deemed illegal.   

Before Mosley’s ruling, an investigation into the use of the EA, as per Canadian law, was launched by Trudeau. The investigation, titled the Public Order Emergency Commission, was headed by Liberal-leaning Judge Paul Rouleau. Unsurprisingly, the commission exonerated Trudeau’s use of the EA.   

During the clear-out of protesters after the EA was put in place, one protester, an elderly lady, was trampled by a police horse, and one conservative female reporter was beaten by police and shot with a tear gas canister.   

Last month, LifeSiteNews reported that Conservative MP Marilyn Gladu uncovered that the federal government of Trudeau spent $2.2 million in taxpayer money in a failed attempt to try and stop court challenges filed against it for enacting the EA to stop the peaceful Freedom Convoy.  

Freedom Convoy leaders Tamara Lich and Chris Barber have been in a ongoing legal battle with federal officials.   

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COVID-19

More victories for freedom as ArriveCAN charges dropped and fines reduced

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Gheorghe and Carmen Neferu

News release from The Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms is pleased to announce that it continues to see dropped charges and significantly reduced fines for Canadians who allegedly violated the Quarantine Act or who chose not to use the ArriveCAN app at Canadian borders.

The Justice Centre has provided defence counsel to eight Canadians who chose not to comply with a mandatory ArriveCAN.

Added together, these eight Canadians received a total of 13 tickets, with combined fine amounts totalling $54,815. Defence counsel provided by the Justice Centre negotiated with the Crown to secure admissions that amounted to fines totalling $1,216, not $54,815. All hearings for these cases were scheduled to take place in April at the Ontario Court of Justice in Mississauga, Ontario.

Here are their stories.

Cory Thorn, along with his wife, Guiseppina Lamacchia, their two small children and Guiseppina’s mother Carmela Lamacchia, were returning from a trip to Italy on September 8, 2022, when they were stopped at the Canadian border. They had not downloaded the ArriveCAN app because they did not feel comfortable with the app. They asked if they could submit the required information on paper but were told they could either use the app or face fines. The three adults were given two tickets each, one for $955 and another for $6,255. Together, the family faced a total of $21,630 in fines for violating two sections of the Quarantine Act: section 58, failing to comply with an order prohibiting or subjecting to any condition the entry into Canada and section 15(1), failing to answer a relevant question asked by a screening officer or to provide the officer with any required information or record. Their trials were scheduled for April 15, 2024. Five of the six tickets were dismissed. Carmela pled guilty to one charge and received a reduced fine of $615.

On September 22, 2022, a mother and her adult daughter, who have requested anonymity, were returning from a trip to Italy when they were each fined $6,255 for failing to use the ArriveCAN app. The women felt uneasy providing private health information through the ArriveCAN app. They offered to provide the information orally to border officials. Their offer was refused. Each had trial dates set for April 23, 2024. The daughter’s charge was withdrawn by the Crown, while her mother pled guilty and paid a significantly reduced fine of $300.

Daniel Sauro and his partner, Gina Campoli, traveling with their one-year-old daughter, returned from a family vacation on September 24, 2022, when each adult was issued a ticket for $6,255 under section 58 of the Quarantine Act for not using the ArriveCAN app. They were uneasy about disclosing private medical information and were concerned about the app’s security. Their trial was scheduled for April 18, 2024 -nineteen months after the tickets were issued. The public health officer did not appear at trial, and so the prosecutor was forced to withdraw all charges.

Gheorghe and Carmen Neferu traveled back to Canada from abroad on August 3, 2022, when they were each given two tickets with fines for failing to use the ArriveCAN app, totaling $14,420 They did not want to answer invasive questions regarding their medical status. Their trials were scheduled for April 8, 2024. The charges against Carmen were withdrawn, while Gheorghe had one charge withdrawn. He pled guilty to the other, paying a reduced fine of $300.

A constitutional challenge to the ArriveCAN app requirement continues to proceed in the Ontario Court of Justice.

Chris Fleury, lead counsel on the Charter challenge to the ArriveCan app requirement, says, “Each and every Canadian who refused to provide their vaccination status via ArriveCAN was also subject to a mandatory 14-day quarantine in addition to their ticket. The quarantine had no scientific or public health basis and was a breach of Canadian’s Charter right not to be arbitrarily detained. While we would have preferred that no one was charged in the first place, we are pleased to see the prosecution taking a more reasonable approach to these cases.”

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