COVID-19
Supreme Court will not hear case about government’s violation of rights and freedoms
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:
- 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.).
- 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.”
COVID-19
Dr. Trozzi expresses optimism after day in court appealing to overturn ban on his medical license
From LifeSiteNews
The outspoken critic of COVID-19 shots said the judge appeared interested in learning more about the underlying cause of accusations made against him by the College of Physicians and Surgeons of Ontario.
Canadian medical freedom fighter Dr. Mark Trozzi passionately appealed his legal case before a court on Tuesday with the help of his lawyer. The outcome will determine whether he regains his right to practice medicine again after it was taken away because he spoke out against COVID shots.
Trozzi told LifeSiteNews he is “optimistic” about the outcome, noting that the judge seemed interested to find the underlying cause of accusations made against him by his medical regulator, the College of Physicians and Surgeons of Ontario (CPSO).
“I think the judge was pretty curious to dig into the science files which they (CPSO) ignored and see why I accused them of these things. They are counting on the judge to just think I am nuts and punish me for strong words,” Trozzi told LifeSiteNews after his hearing.
During the hearing, the CPSO had its lawyers go over their reasons for stripping Trozzi of his medical license earlier in the year.
His appeal case was heard by the Ontario Divisional Court (ODC). The banned doctor is hopeful he will be successful in having a decision overturned by the CPSO, which stripped him of his medical license earlier this year because he spoke out against COVID jabs and mandates.
According to Trozzi, who has 25 years of experience working in emergency rooms, the CPSO’s court “strategy was trying to make me sound crazy,” but he does not “think it will work.”
“I am optimistic that these judges are going to do their part to start restoring some sort of worthwhile future for their grandkids and ours,” he told LifeSiteNews.
Trozzi’s case, should it be successful, attorney Michael Alexander said it would have far-reaching legal implications that directly impact Canadians’ freedom of expression rights across “all domains of government regulation,” including all health colleges.
On January 25, the CPSO’s Discipline Tribunal, led by registrar Dr. Nancy Whitmore, stripped Trozzi of his license because he exposed the truth of the COVID ‘pandemic’ and its vaccines.
According to Trozzi, the CPSO left “little room” for “significant criticism or substantial challenge scientifically or legally” in what he referred to as its “kangaroo court” ruling that stripped him of his license.
“In essence the CPSO has just abused their authority and violated doctors, running their tribunal as a kangaroo court and torture chamber. Their science was minuscule, and they never even refuted the volumes of scientific evidence which we placed before them,” he told LifeSiteNews.
“We have them in the appeal court now to rope them in from their extreme abuse of power, for starters.
During the hearing, the CPSO, as noted by Trozzi, talked about its accusations against him, regarding COVID jabs as well as PCR tests.
“The CPSO talked about strong accusations I have made against them and others, for things such as experimental genetic injections not ‘safe and effective vaccines,’ no real pandemic, PCR scam, obstructed treatment, the criminality of the college,” he said.
“They climaxed these portions with quoting my most stern moments that are founded on those true accusations, things like ‘they should be prosecuted, imprisoned, lawfully hung.’”
The CPSO has thus far initiated legal action against Trozzi and at least five other doctors who are committed to their Hippocratic Oath responsibilities related to COVD: Mary O’Connor, Rochangé Kilian, Celeste Jean Thirlwell, Patrick Phillips, and Crystal Luchkiw.
Hearing panel ‘fair,’ Trozzi’s lawyer says
During the court hearing, Alexander made some exceptionally good arguments to support Trozzi’s claims that he was unfairly targeted by the CPSO in “biased” proceedings.
In speaking to LifeSiteNews, Alexander said in his view he felt that the hearing panel “was fair,” adding that he and Trozzi “had a good day.”
“I mean in the sense that I got out the core arguments that we needed to make to succeed in this,” he said.
“I don’t feel that the lawyers for the college really grappled with our arguments. They just repeated their own arguments. But I cannot say at the end of the day how the court will deal with that, but that’s my observation of it.”
Alexander told LifeSiteNews that as he has said before, the CPSO proceedings against Trozzi were “biased.”
“If my arguments are accepted about the fundamental errors, relating to the evidence that were made by the tribunal. If those are accepted it really impugns the entire decision and I would hope leads to an assumption that the proceeding was biased,” he said.
Alexander noted that once there is “evidence of bias,” the decision, in this case, the CPSO against Trozzi “must be overturned.”
“The proceeding certainly was biased, and I have argued that” he said.
Alexander noted how he had hoped for a full-day hearing, but he had to make do with a half-day hearing because the court is slammed with various cases.
A ruling in favor of Trozzi would overturn his medical license ban, but Alexander noted that a decision is not likely until the new year. LifeSiteNews will report on the judge’s ruling on today’s court hearing once that decision has been made public.
The hearing was open to the public, but the live stream suffered from outages for some, and others could not even log in, in after the capacity limit of the stream was reached.
In 2020 during the COVID crisis, Trozzi became concerned after the mainstream narrative regarding the virus and various public health emergencies were severely skewed.
He observed that his hospital’s ER was mostly empty despite claims they were overflowing.
Trozzi came under the CPSO spotlight for promoting alternative COVID treatments and publicly explained why the COVID shot is “not a vaccine.”
In retaliation for speaking out, he was barred from issuing medical exemptions for COVID-19 injections as well as masking requirements and testing, in 2021.
The CPSO has cracked down on numerous physicians who failed to comply with standard protocol during the COVID outbreak. It has done this so assiduously that Dr. Robert Malone spoke out last year against what he described as the “re-education” of dissident Canadian doctors.
COVID-19
Dr. Trozzi appeals revocation of his medical license in ‘existential moment’ for Ontario courts
Dr. Mark Trozzi
From LifeSiteNews
Tuesday, outspoken COVID science critic Dr. Mark Trozzi will appeal a decision to take away his medical license. Due to a new legal standard, a successful outcome may positively impact Canada ‘in all domains of government regulation.’
Medical freedom champion Dr. Mark Trozzi will present his legal case on Tuesday when he appeals the stripping of his medical license in January by the College of Physicians and Surgeons of Ontario (CPSO).
The case will be heard by the Ontario Divisional Court (ODC) and, according to attorney Michael Alexander, a successful result would have far-reaching legal implications impacting freedom of expression rights across “all domains of government regulation,” including all health colleges.
Appearing in a late September interview with Canadian politician Derek Sloan, Alexander explained the history of the case leading up to the revoking of Trozzi’s license on January 25. In their view, “the college was primarily concerned … that Mark had been making statements about COVID-19 science and public policy that amounted to ‘misinformation’ and he was misleading the public and in doing so causing harm.”
It was also relevant that Trozzi was not even in practice at this time but had taken a sabbatical to study these issues more carefully and start a daily newsletter regarding his research.
The concern of CPSO “was the substance of his views,” the attorney assessed, “so they wanted to censor him in some way” and “eventually took him to a discipline hearing where he was found to be unprofessional, incompetent, and in violation of the standard of practice in the profession, primarily because he just presented an alternative point of view.”
READ: Dr. Trozzi stripped of medical license over COVID stance, plans to appeal
Ironically, Trozzi was not able to be present for the interview himself because he was traveling in Japan, with an invitation to speak before its parliament. He had already addressed the Romanian parliament on issues related to the COVID-19 response.
While the highly regarded former emergency room specialist “is a persona non grata in Ontario,” Dr. Trozzi’s attorney observed, “he’s in high demand around the world as someone who is providing important insights into the whole COVID era, COVID science, COVID public policy, and his criticisms are taken very seriously.”
“We have to ask ourselves what the authorities in Ontario are doing when in other parts of the world serious people are taking Dr. Trozzi’s criticisms very seriously,” Alexander proposed.
Trozzi case could impact ‘the country in all domains of government regulation’
For more than three decades, the Ontario Divisional Court has been legally directed to judge such cases only according to a low-threshold standard called “reasonableness” that Alexander describes as the court basically deferring to the judgment of such regulatory tribunals as CPSO with regard to facts, the law, and “particularly on the interpretation of the law that the tribunal adopts.”
What makes this case different is that since Trozzi has a “statute-based right to appeal” and thus a 2019 Supreme Court decision now requires the ODC to adopt a higher standard, referred to as “correctness,” in examining the CPSO decision.
Therefore, according to this new standard, “you must get all findings of fact correct, you must get every interpretation of your statute correct, you must interpret all case law correctly,” Alexander explained.
“So, the CPSO has never had to face this before, and this (case) is the first major fundamental challenge to a regulatory body on this standard of correctness in Ontario,” he continued. Thus, this case is “extremely important. If we were to win, it would affect the whole regulatory framework of the province in a positive way.”
“So these same judges, who have been cutting a lot of slack to the College of Physicians in particular, are now going to be facing similar issues that they have faced before but on this new standard of correctness,” the attorney said. “So they are going to have to adopt a completely different mindset in assessing the case.”
Therefore, “I guess you could say (this is) an existential moment for the judiciary in Ontario,” Alexander proposed. “I mean will the Divisional Court step up to the plate and fully apply the standard of correctness and have the courage to do it?”
According to Alexander, a successful outcome in this case “would have a ripple effect not just in Ontario for the 22 health colleges here but for the health colleges all across the country,” forcing them to reconsider their policies in this regard.
And given the case regards the fundamental freedom of expression, a successful outcome on these arguments “would have an impact across the country in all domains of government regulation.”
“So this is not a case that’s just about Mark,” the attorney clarified. “We are trying to change the way this country is governed, and the college’s case has given us that opportunity.”
In 2020 during the “pandemic,” Trozzi, an ER veteran of 25 years, noticed that the mainstream narrative surrounding the public health “emergency” was deeply flawed. While media reported overflowing emergency rooms, Trozzi’s hospital remained relatively empty. This inspired him to research the science facts of COVID.
In the interest of protecting not only his own patients but people everywhere, Dr. Trozzi promoted alternative COVID-19 treatments and publicly explained why the COVID shot is “not a vaccine.”
In retaliation, Dr. Trozzi was barred from issuing medical exemptions for COVID-19 shots, masking requirements and testing in 2021. He was not alone: Ontario’s Dr. Rochagne Kilian was also similarly barred.
At the time, CPSO said the interim orders were given in accordance with the Regulated Health Professions Act, which allow restrictions on a member’s license if a regulator believes a certain practice “exposes or is likely to expose patients to harm or injury.”
The CPSO has cracked down on numerous physicians who failed to comply with standard protocol during the COVID outbreak. It has done this so assiduously that last year Dr. Robert Malone spoke out against what he described as the “re-education” of dissident Canadian doctors.
The CPSO has thus far initiated legal action against Trozzi and at least five other doctors who are committed to their Hippocratic Oath responsibilities related to COVID: Mary O’Connor, Kilian, Celeste Jean Thirlwell, Patrick Phillips, and Crystal Luchkiw.
Alexander also made clear that while the CPSO has the typical governmental “blank check” of “unlimited resources,” including “around 10 lawyers on staff” and “access to outside council,” he is in need to hire “clerks to do special kinds of filing” and is seeking free-will donations.
Having donated “hundreds of thousands of dollars of billable time” into this case, Alexander has no regrets, stating that “it’s too important to the country not to litigate and we are the ones who pioneered this approach, and so it’s us or nobody.”
To assist Dr. Trozzi in winning his precedent-setting case, please donate here.
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