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Court to hear challenge to Saskatchewan’s Covid gathering limits

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News release from the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that the Saskatchewan Court of Appeal will hear the appeal of Jasmin Grandel and Darrell Mills on Tuesday, February 6, 2024, at 10 AM CT, at 520 Spadina Crescent East, in Saskatoon. Ms. Grandel and Mr. Mills challenge Saskatchewan’s former ban on outdoor gatherings of more than 10 persons as an unjustified violation of their Charter freedom of peaceful assembly and other Charter rights and freedoms.From March 17, 2020, until July 11, 2021, Saskatchewan imposed various prohibitions on outdoor gatherings, including limiting them to only 10 people. At the same time, Saskatchewan allowed more than 10 people to meet indoors. Jasmin Grandel and Darrell Mills attended various peaceful outdoor protests in 2020 and 2021, resulting in hefty fines for violating Public Health Orders.At the time, Jasmin Grandel was a kinesiology student at the University of Regina, with a young son in kindergarten. She was concerned with the inconsistency of the Public Health Orders and with their detrimental psychological and economic effects. She feared that the Orders would negatively impact small businesses, leading to unemployment and poverty for families.Darrell Mills, who also participated in peaceful outdoor protests, is a resident of Saskatoon with 30 years of experience in mechanical construction. He is certified in Mask Fit Testing and trained in supplied air breathing systems. He was concerned about the negative health impacts of improper mask use.While outdoor gatherings were restricted to a maximum of 10 persons for certain periods, the province permitted numerous public indoor gatherings that far exceeded 10 persons. At the same time, Saskatchewan Chief Medical Health Officer Dr. Saqib Shahab stated that “outdoor gatherings while observing physical distancing are better than indoor gatherings.” On June 5, 2020, then-Regina Police Chief Evan Bray, along with many other officers, attended a large Black Lives Matter rally in Regina with hundreds of people, thereby violating existing public health orders and garnering significant media attention. At the time, Saskatchewan Premier Scott Moe said, “…my assumption is that the law enforcement officials have used their judgment with respect to this particular rally…” Dr. Shahab called it a “special event,” and no one was charged with breaching public health orders. Six months later, numerous Saskatchewan residents were charged and prosecuted for violating public health orders because they, like participants in the Black Lives Matter rally, had peacefully protested outdoors.In April 2021, lawyers provided by the Justice Centre filed a constitutional challenge to the restrictions on outdoor gatherings, on behalf of Ms. Grandel and Mr. Mills. The Originating Application challenges these restrictions for violating the Charter freedoms of thought, belief, opinion and expression, association and peaceful assembly. The Application also suggests that pro-freedom protests against government lockdown policies have been especially targeted by law enforcement.At trial, an eminent infectious disease specialist provided expert evidence that outdoor transmission of Covid was negligible, where physical distancing could be practiced and where single-day gatherings with no indoor component could take place. The government did not present evidence that Covid was transmitted at outdoor gatherings. Instead, they relied on the ‘precautionary principle’ put forward by its public health expert that lockdown measures should be taken even if “cause and effect” had not been fully established scientifically.“It appears that lockdown harms were not considered by the government or by the court, when applying this ‘precautionary’ principle. Neither the Saskatchewan government nor the lower court wanted to take precautions against the physical, mental, social, financial and economic harms that lockdowns inflicted on people,” stated John Carpay, president of the Justice Centre. On September 20, 2022, Justice D. B. Konkin of the Court of King’s Bench of Saskatchewan upheld the government’s restrictions on outdoor gatherings as justified violations of Charter freedoms. Justice Konkin assessed only the breach to freedom of expression, representing only one of the various Charter rights alleged to be breached by the Applicants. In his decision, he wrote, “In a state of public health emergency wreaking severe havoc on the health of Saskatchewan residents, Sask [sic] was burdened with the immense task of balancing multiple interests.”Andre Memauri, lawyer for Ms. Grandel and Mr. Mills, stated, “Our infectious disease specialist made it clear at trial that the outdoor transmission of Covid-19 was negligible, much like every other respiratory illness in history. There was no basis for the Saskatchewan government to impose greater restrictions on people’s rights to assemble, express themselves and associate outdoors as opposed to indoors. The rule of law means that laws should be enforced equally, but the Saskatchewan Government encouraged and supported Black Lives Matter protests outdoors in large numbers while ticketing people who six months later protested the violations of their Charter freedoms.”

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COVID-19

Spy Agencies Cozied Up To Wuhan Virologist Before Lying About Pandemic

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From the Daily Caller News Foundation

By Emily Kopp

A close collaborator of virologists who studied coronaviruses in Wuhan frequently advised America’s top spy agency in the lead-up to the pandemic, and that same agency suppressed intelligence on the parallels between COVID-19 and their research.

The Office of the Director of National Intelligence’s (ODNI) hub for foreign biological threats dismissed the intelligence pointing to a lab accident in Wuhan as “misinformation” in January 2021, two former government sources who requested anonymity to discuss sensitive internal meetings told the Daily Caller News Foundation. New documents show that intelligence risked implicating ODNI’s own bioengineering advisor — University of North Carolina professor Ralph Baric.

Baric, who engineered novel coronaviruses with the Wuhan Institute of Virology (WIV), advised ODNI four times a year on biological threats, according to documents released Oct. 30 by Kentucky Sen. Rand Paul.

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Baric did not respond to the DCNF’s requests for comment.

The professor’s ties to American intelligence may run even deeper, the documents reveal, as ODNI facilitated a meeting between the CIA and Baric about a project on coronaviruses in September 2015.

The email exchange with the subject line “Request for Your Expertise” shows an unnamed government official with a CIA-affiliated email address pitching a “possible project” to Baric relating to “[c]oronavirus evolution and possible natural human adaptation.”

The new documents shed a bit of light on a question members of Congress have posed for years: Whether our own intelligence agencies knew more about the likelihood of a lab origin of COVID than they told the public.

“Director Ratcliffe has been on the forefront of this issue since the start of the COVID-19 pandemic and has been committed to transparency and accountability on this issue,” a CIA spokesperson said in a statement. “In January – as one of the Director’s first actions at Langley – CIA made public its assessment that a research-related origin of the COVID-19 pandemic is more likely than a natural origin. CIA will continue to evaluate any available credible new intelligence reporting as appropriate.”

Paul is seeking more documents from ODNI on potential ties between U.S. intelligence and the research in Wuhan as part of an ongoing investigation by the Senate Committee on Homeland Security and Governmental Affairs and has promised public hearings in the coming months.

Director of National Intelligence (DNI) Tulsi Gabbard disbanded the ODNI biological threats office earlier this year following questions from the DCNF about its suppression of COVID origins intelligence in August. Gabbard and a dedicated working group have also been quietly investigating the origins of COVID.

Protecting Their Own

Baric gave a presentation to the ODNI in January 2020 showing that he advised American intelligence that COVID may have emerged from a lab, the documents also indicate. Baric shared that the WIV had sequenced thousands of SARS-like coronaviruses, including strains capable of epidemics, the slides show.

Baric noted that the Wuhan lab does this work under low biosafety levels despite the ability of some of these viruses to infect and grow in human lung cells.

What Baric omitted: He had submitted a grant application in 2018 with intentions to conduct research to make coronaviruses with the same rare features seen in COVID while concealing the Wuhan lab’s low biosafety level, jotting in the margins of a draft of the grant application that Americans would “freak out” if they knew about the shoddy standards.

One year after Baric’s presentation, ODNI had hardened against the lab leak hypothesis.

When State Department officials pushed to declassify certain intelligence related to a plausible lab leak in January 2021, the ODNI expressed concerns that it would “call out actions that we ourselves are doing.”

Former ODNI National Counterproliferation and Biosecurity Center (NCBC) Director Kathryn Brinsfield, a medical doctor, also dismissed a January 2021 presentation by government officials about a plausible lab origin of COVID as “misinformation,” two sources told the DCNF. Her top aide Zach Bernstein, who possesses a master’s degree in security studies but no scientific credentials, also dismissed the presentation, according to three sources.

Gabbard disbanded NCBC in August following questions from the DCNF about its role in suppressing COVID origins intelligence.

But in the years preceding Gabbard’s takeover of the intelligence community’s central office, the ODNI’s public reports omitted any analysis of COVID’s viral genome. One intelligence agency filed a formal complaint about this glaring omission, the DCNF reported.

Scientists often received fierce pushback from former National Intelligence Council official Adrienne Keen, who helped steward former President Joe Biden’s 90-day review into COVID’s origins, an official told the DCNF. Paul’s request for records from ODNI includes a request for some of Keen’s communications.

Brinsfield and Keen did not respond to requests for comment.

Unanswered Questions

Despite the new disclosures, the precise nature of the CIA’s interest in Baric’s coronavirus work remains unknown. The documents do not include any further details about the work that the CIA and Baric may or may not have undertaken.

The U.S. Agency for International Development (USAID) funded the discovery of novel coronaviruses and shipped the samples to Wuhan through a 2009-2020 program called PREDICT, the DCNF reported in July. USAID sometimes acted as a CIA front before Trump dismantled it earlier this year — but no evidence exists that the CIA directed PREDICT.

An unnamed FBI special agent was in communication with Baric about responding to public requests for his research and emails with the Wuhan lab through the North Carolina Freedom of Information Act, according to a 2024 congressional letter, but details about the contact between the FBI and Baric also remain uncertain.

The CIA was slow to acknowledge that a lab was the pandemic’s most likely source, an assessment that the CIA made public more than five years after the pandemic emerged and well after the FBI and the Department of Energy.

In early 2020, when Trump’s Deputy National Security Advisor Matt Pottinger tasked CIA analysts to dig into the matter, they came up empty, according to a New York Times report. Instead, anonymous sources smeared Pottinger as having a “conspiratorial view” of the Chinese Communist Party.

Trump’s current CIA Director John Ratcliffe, who served as the DNI from May 2020 to January 2021, revealed in a 2023 Wall Street Journal op-ed that he had pushed for the declassification of COVID origins intelligence as the DNI but that he “faced constant opposition, particularly from Langley.”

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COVID-19

Crown still working to put Lich and Barber in jail

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From LifeSiteNews

By Anthony Murdoch

The Crown’s appeal claims the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.

Government lawyers for the Crown have filed an appeal the acquittals of Freedom Convoy leaders Tamara Lich and Chris Barber on intimidation charges.

The Crown also wants their recent 18-month conditional sentence on mischief charges replaced with harsher penalties, which could include possible jail time.

According to the Justice Centre for Constitutional Freedoms (JCCF), it is “asking the Ontario Court of Appeal to enter a conviction on the intimidation charge or order a new trial on that count,” for Barber’s charges.

Specifically, the Crown’s appeal claims that the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.

As reported by LifeSiteNews, both Lich and Barber have filed appeals of their own against their house arrest sentences, arguing that the trial judge did not correctly apply the law on their mischief charges.

Barber’s lawyer, Diane Magas, said that her client “relied in good faith on police and court direction during the protest. The principles of fairness and justice require that citizens not be punished for following the advice of authorities. We look forward to presenting our arguments before the Court.”

On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year of “mischief.”

Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.

The Lich and Barber trial concluded in September 2024, more than a year after it began. It was originally scheduled to last 16 days.

As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years.

LifeSiteNews recently reported that Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandchildren from school without permission from the state.

As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.

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