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COVID-19

Liberals determined to reject rule of law after Emergencies Act ruling: Aaron Wudrick

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6 minute read

From the MacDonald Laurier Institute

By Aaron Wudrick

The government comforts itself in the fiction that the rules don’t apply to it

On Tuesday, The Federal Court of Canada released a decision that all Canadians should celebrate as an important victory for the rule of law in Canada.

In an application brought by two public interest law associations — the Canadian Constitution Foundation and the Canadian Civil Liberties Association — the court considered two questions. Whether the Trudeau government acted outside the law in invoking the Emergencies Act in February 2022 to put an end to the Freedom Convoy protests in Ottawa, and whether orders issued under the authority of the act violated the Charter. On both counts, the court answered unambiguously: yes, they did.

Perhaps the most striking thing about the court decision authored by Justice Richard Mosley is how straightforward much of the reasoning is. There is no tortured logic, no obscure line of argument, no abstract reasoning; the principles at stake are easily digestible by lawyers and non-lawyers alike. Justice Mosley does exactly what most Canadians probably expect courts to do: consider evidence; read what the law says; and draw conclusions that, for lack of a better phrase, reflect common sense.

Take for example the government’s insistence that the Freedom Convoy constituted a “threat to the security of Canada” — a phrase which is explicitly defined in the Emergencies Act as having the same meaning as it does in Section 2 of the Canadian Security Intelligence Service (CSIS) Act. Unfortunately for the government, CSIS’s official determination was that the convoy did not constitute a threat to the security of Canada. This being a very inconvenient obstacle for a government that wanted to invoke the act, Cabinet simply came up with a new strategy: ignore the statutory requirement that the Section 2 CSIS Act definition be met, come up with an alternative definition that better fits their argument, and make the opposite finding! QED.

Understandably, Justice Mosley had none of this. The law says what the law says. Perhaps, as has been argued elsewhere, using the CSIS Act definition of “threat to the security of Canada” is a poor fit for the Emergencies Act. If so, Parliament is well within its rights to amend it. But it’s not what the law said in February 2022, and Cabinet cannot simply wave away the words because it happens to be inconvenient for their best-laid plans.

On issue after issue — the scope of the security threat; the claim that enforcement tools under existing laws being exhausted; the reasonableness of sweeping violations of Charter rights of free expression and against unreasonable search and seizure — Justice Mosley, after looking at all the evidence, disagreed with the government’s assertions. The government’s claims simply did not survive contact with a fulsome evidentiary record.

Nor was the ruling only damning to the government’s flimsy arguments. It was also an implicit rebuke to Justice Paul Rouleau, the head of the Public Order Emergency Commission, who made the unnecessary and ill-advised choice in his final report to muse about the legality of the act’s invocation, in spite of the fact that — by his own admission — it was not part of his mandate to do so, and he had not undertaken a formal analysis.

Perhaps most interesting of all was Justice Mosley’s candid admission towards the end of his decision that he had initially “been leaning to the view that the decision to invoke the (Emergencies Act) was reasonable” and acknowledged that it was only after taking the time to “carefully deliberate about the evidence and submissions” and the applicants’ “informed legal argument” did he conclude — unambiguously — that the government had acted outside the law.

And what of the political fallout? There is a world in which a government might, when confronted with a court ruling that they illegally invoked and abused the most draconian law on the books, simply accept the ruling with humility, apologize unreservedly for having overstepped, and resign on principle.

Clearly, we don’t live in that world: unrepentant as ever, and within an hour of the decision’s release, Deputy Prime Minister Chrystia Freeland announced that the government would be appealing it. This is completely in character for a government that has time and again sneered at the rule of law — e.g. their ethics violations both big and small, the SNC-Lavalin scandal — preferring to comfort itself with fiction that rules are for other people.

Canadians know better. Governments are obliged to follow the law, just like everyone else — and we owe Justice Mosley a debt of gratitude for the timely reminder of that fact.

Aaron Wudrick is a lawyer and the domestic policy director at the Macdonald-Laurier Institute.

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International

Pentagon agency to simulate lockdowns, mass vaccinations, public compliance messaging

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From LifeSiteNews

By Tim Hinchliffe

With lockdowns, mass vaccination campaigns, and social distancing still on the table from the last around, it appears that AI and Machine Learning will play a much bigger role in the next.

DARPA is getting into the business of simulating disease outbreaks, including modeling interventions such as mass vaccination campaigns, lockdowns, and communication strategies.

At the end of May, the U.S. Defense Advanced Research Projects Agency (DARPA) put out a Request for Information (RFI) seeking information regarding “state-of-the-art capabilities in the simulation of disease outbreaks.”

The Pentagon’s research and development funding arm wants to hear from academic, industry, commercial, and startup communities on how to develop “advanced capabilities that drive technical innovation and identify critical gaps in bio-surveillance, diagnostics, and medical countermeasures” in order to “improve preparedness for future public health emergencies.”

As if masks, social distancing, lockdowns, and vaccination mandates under the unscientific guise of slowing the spread and preventing the transmission of COVID weren’t harmful enough, the U.S. military wants to model the effects of these exact same countermeasures for future outbreaks.

The RFI also asks participants “Fatality Rate & Immune Status: How are fatality rates and varying levels of population immunity (natural or vaccine-induced) incorporated into your simulations?“

Does “natural or vaccine-induced” relate to “population immunity” or “fatality rates” or both?

Moving on, the RFI gets into modeling lockdowns, social distancing, and mass vaccination campaigns, along with communication strategies:

Intervention Strategies: Detail the range of intervention strategies that can be modeled, including (but not limited to) vaccination campaigns, social distancing measures, quarantine protocols, treatments, and public health communication strategies. Specifically, describe the ability to model early intervention and its impact on outbreak trajectory.

The fact that DARPA wants to model these so-called intervention strategies just after the entire world experienced them suggests that these exact same measures will most likely be used again in the future:

“We are committed to developing advanced modeling capabilities to optimize response strategies and inform the next generation of (bio)technology innovations to protect the population from biological threats. We are particularly focused on understanding the complex interplay of factors that drive outbreak spread and evaluating the effectiveness of potential interventions.” — DARPA, Advanced Disease Outbreak Simulation Capabilities RFI, May 2025.

“Identification of optimal timelines and capabilities to detect, identify, attribute, and respond to disease outbreaks, including but not limited to biosensor density deployment achieving optimal detection timelines, are of interest.” ­— DARPA, Advanced Disease Outbreak Simulation Capabilities RFI, May 2025.

With lockdowns, mass vaccination campaigns, and social distancing still on the table from the last around, it appears that AI and Machine Learning will play a much bigger role in the next.

For future innovation, the DARPA RFI asks applicants to: “Please describe any novel technical approaches – or applications of diverse technical fields (e.g., machine learning, artificial intelligence, complex systems theory, behavioral science) – that you believe would significantly enhance the state-of-the-art capabilities in this field or simulation of biological systems wholistically.”

Instead of putting a Dr. Fauci, a Dr. Birx, a replaceable CDC director, a TV doctor, a big pharma CEO, or a Cuomo brother out there to lie to your face about how they were all just following The ScienceTM, why not use AI and ML and combine them with behavioral sciences in order to concoct your “public health communications strategies?”

When you look at recently announced DARPA programs like Kallisti and MAGICS, which are aimed at creating an algorithmic Theory of Mind to model, predict, and influence collective human behavior, you start to get a sense of how all these programs can interweave:

“The MAGICS ARC calls for paradigm-shifting approaches for modeling complex, dynamic systems for predicting collective human behaviour.” — DARPA, MAGICS ARC, April 2025

On April 8, DARPA issued an Advanced Research Concepts (ARC) opportunity for a new program called “Methodological Advancements for Generalizable Insights into Complex Systems (MAGICS)” that seeks “new methods and paradigms for modeling collective human behavior.”

Nowhere in the MAGICS description does it mention modeling or predicting the behavior of “adversaries,” as is DARPA’s custom.

Instead, it talks at length about “modeling human systems,” along with anticipating, predicting, understanding, and forecasting “collective human behavior” and “complex social phenomena” derived from “sociotechnical data sets.”

Could DARPA’s MAGICS program be applied to simulating collective human behavior when it comes to the next public health emergency, be it real or perceived?

“The goal of an upcoming program will be to develop an algorithmic theory of mind to model adversaries’ situational awareness and predict future behaviour.” — DARPA, Theory of Mind Special Notice, December 2024.

In December 2024, DARPA launched a similar program called Theory of Mind, which was renamed Kallisti a month later.

The goal of Theory of Mind is to develop “new capabilities to enable national security decisionmakers to optimize strategies for deterring or incentivizing actions by adversaries,” according to a very brief special announcement.

DARPA never mentions who those “adversaries” are. In the case of a public health emergency, an adversary could be anyone who questions authoritative messaging.

The Theory of Mind program will also:

… seek to combine algorithms with human expertise to explore, in a modeling and simulation environment, potential courses of action in national security scenarios with far greater breadth and efficiency than is currently possible.

This would provide decisionmakers with more options for incentive frameworks while preventing unwanted escalation.

We are interested in a comprehensive overview of current and emerging technologies for disease outbreak simulation, how simulation approaches could be extended beyond standard modeling methods, and to understand how diseases spread within and between individuals including population level dynamics.

They say that all the modeling and simulating across programs is for “national security,” but that is a very broad term.

DARPA is in the business of research and development for national security purposes, so why is the Pentagon modeling disease outbreaks and intervention strategies while simultaneously looking to predict and manipulate collective human behavior?

If and when the next outbreak occurs, the same draconian and Orwellian measures that governments and corporations deployed in the name of combating COVID are still on the table.

And AI, Machine Learning, and the military will play an even bigger role than the last time around.

From analyzing wastewater to learning about disease spread; from developing pharmaceuticals to measuring the effects of lockdowns and vaccine passports, from modeling and predicting human behavior to coming up with messaging strategies to keep everyone in compliance – “improving preparedness for future public health emergencies” is becoming more militaristically algorithmic by the day.

“We are exploring innovative solutions to enhance our understanding of outbreak dynamics and to improve preparedness for future public health emergencies.” — DARPA, Advanced Disease Outbreak Simulation Capabilities RFI, May 2025.

Reprinted with permission from The Sociable.

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Business

Audit report reveals Canada’s controversial COVID travel app violated multiple rules

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From LifeSiteNews

By Anthony Murdoch

Canada’s Auditor General found that government procurement rules were not followed in creating the ArriveCAN app.

Canada’s Auditor General revealed that the former Liberal government under Prime Minister Justin Trudeau failed multiple times by violating contract procurement rules to create ArriveCAN, its controversial COVID travel app.

In a report released Tuesday, Auditor General Karen Hogan noted that between April 2015 to March 2024, the Trudeau government gave out 106 professional service contracts to GC Strategies Inc. This is the same company that made the ArriveCAN app.

The contracts were worth $92.7 million, with $64.5 million being paid out.

According to Hogan, Canada’s Border Services Agency gave four contracts to GC Strategies valued at $49.9 million. She noted that only 54 percent of the contracts delivered any goods.

“We concluded that professional services contracts awarded and payments made by federal organizations to GC Strategies and other companies incorporated by its co-founders were not in accordance with applicable policy instruments and that value for money for these contracts was not obtained,” Hogan said.

She continued, “Despite this, federal government officials consistently authorized payments.”

The report concluded that “Federal organizations need to ensure that public funds are spent with due regard for value for money, including in decisions about the procurement of professional services contracts.”

Hogan announced an investigation of ArriveCAN in November 2022 after the House of Commons voted 173-149 for a full audit of the controversial app.

Last year, Hogan published an audit of ArriveCAN and on Tuesday published a larger audit of the 106 contracts awarded to GC Strategies by 31 federal organizations under Trudeau’s watch.

‘Massive scandal,’ says Conservative leader Pierre Poilievre

Conservative Party leader Pierre Poilievre said Hogan’s report on the audit exposed multiple improprieties.

“This is a massive scandal,” he told reporters Tuesday.

“The facts are extraordinary. There was no evidence of added value. In a case where you see no added value, why are you paying the bill?”

ArriveCAN was introduced in April 2020 by the Trudeau government and made mandatory in November 2020. The app was used by the federal government to track the COVID jab status of those entering the country and enforce quarantines when deemed necessary.

ArriveCAN was supposed to have cost $80,000, but the number quickly ballooned to $54 million, with the latest figures showing it cost $59.5 million.

As for the app itself, it was riddled with technical glitches along with privacy concerns from users.

LifeSiteNews has published a wide variety of reports related to the ArriveCAN travel app.

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