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COVID-19

Federal Court Judge Pulls Canada Back from the Brink

Published

1 year ago

10 minute read

From the Brownstone Institute

BY Bruce PardyBRUCE PARDY

Trucks blocked border crossings in Coutts, Alberta and at the Ambassador Bridge in Windsor, Ontario. Local and provincial law enforcement dealt with those protests and cleared the borders.

The Canadian government’s use of the Emergencies Act was unlawful. The Trucker Convoy did not constitute a national emergency. So said a judge of the Federal Court. The decision may help to pull Canada back from the brink of authoritarian rule.

The Federal Court decision contains four conclusions. Two prerequisites for invoking the Emergencies Act, said Justice Richard Mosley, were not met. Moreover, the two regulations issued under it were unconstitutional. Predictably, the government has promised to appeal. For the government to prevail, an appeal panel would have to overturn all four. But there is a wrinkle, which I will get to momentarily.

Between 1963 and 1970, the Front de libération du Québec (FLQ), a separatist organization in Quebec, committed bombings, robberies, and killed several people. In October 1970, they kidnapped British trade commissioner James Cross, and then kidnapped and killed Pierre Laporte, a minister in the Quebec government. In response, Pierre Trudeau’s government invoked the War Measures Act, the only time it had been used in peacetime. In the years that followed, the invocation of the Act became regarded as a dangerous overreach of government powers and breach of civil liberties.

The Emergencies Act, enacted in 1988 to replace the War Measures Act, had higher thresholds. It was supposed to be more difficult for governments to trigger. Before Covid and the trucker convoy, it had never been used.

The Freedom Convoy arrived at Parliament Hill in Ottawa on January 29, 2022 to protest Covid vaccine mandates. The truckers parked unlawfully in downtown Ottawa. They violated parking bylaws and probably the Highway Traffic Act. Authorities could have issued tickets and towed the trucks away. But they didn’t.

In the meantime, protests in other parts of the country emerged. Trucks blocked border crossings in Coutts, Alberta and at the Ambassador Bridge in Windsor, Ontario. Local and provincial law enforcement dealt with those protests and cleared the borders. By February 15, when Justin Trudeau’s government declared a public order emergency and invoked the Emergencies Act, only the Ottawa protests had not been resolved.

The government issued two regulations under the Act. One prohibited public assemblies “that may reasonably be expected to lead to a breach of the peace.” The other outlawed donations and authorized banks to freeze donors’ bank accounts. On February 18 and 19, police brandishing riot batons descended on the crowd. They arrested close to 200 people, broke truck windows, and unleashed the occasional burst of pepper spray. By the evening of the 19th, they had cleared the trucker encampment away. Banks froze the accounts and credit cards of hundreds of supporters. On February 23, the government revoked the regulations and use of the Act.

Governments cannot use the Emergencies Act unless its prerequisites are met. A public order emergency must be a “national emergency” and a “threat to the security of Canada,” both of which are defined in the Act. A national emergency exists only if the situation “cannot be effectively dealt with under any other law of Canada.” “Threats to the security of Canada” can be one of several things. The government relied upon the clause that requires activities “directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective.”

The trucker protests were neither a national emergency, Mosley concluded, nor a threat to the security of Canada.

There was no national emergency:

Due to its nature and to the broad powers it grants the Federal Executive, the Emergencies Act is a tool of last resort. [Cabinet] cannot invoke the Emergencies Act because it is convenient, or because it may work better than other tools at their disposal or available to the provinces.…in this instance, the evidence is clear that the majority of the provinces were able to deal with the situation using other federal law, such as the Criminal Code, and their own legislation…For these reasons, I conclude that there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable and ultra vires.

A threat to the security of Canada did not exist:

Ottawa was unique in the sense that it is clear that [Ottawa Police Services] had been unable to enforce the rule of law in the downtown core, at least in part, due to the volume of protesters and vehicles. The harassment of residents, workers and business owners in downtown Ottawa and the general infringement of the right to peaceful enjoyment of public spaces there, while highly objectionable, did not amount to serious violence or threats of serious violence…[Cabinet] did not have reasonable grounds to believe that a threat to national security existed within the meaning of the Act and the decision was ultra vires.

Nor were the regulations constitutional. The prohibition on public assemblies infringed freedom of expression under section 2(b) of the Charter of Rights and Freedoms. Empowering financing institutions to provide personal financial information to the government and to freeze bank accounts and credit cards was an unconstitutional search and seizure under section 8. Neither was justified, Mosley concluded, under section 1 of the Charter, the “reasonable limits” clause.

To prevail on appeal, the government would have to reverse all four conclusions. Justice Mosley did not make obvious errors of law. But there are a couple of odd bits. In particular, Mosley admits to doubts about how he would have proceeded had he been at the cabinet table himself:

I had and continue to have considerable sympathy for those in government who were confronted with this situation. Had I been at their tables at that time, I may have agreed that it was necessary to invoke the Act. And I acknowledge that in conducting judicial review of that decision, I am revisiting that time with the benefit of hindsight and a more extensive record of the facts and law…

Which brings us to the wrinkle. In April 2022, Richard Wagner, the Chief Justice of the Supreme Court of Canada, gave an interview to Le Devoir. Speaking in French, he characterized the protest on Wellington Street in Ottawa, where Parliament and the Supreme Court are located, as “the beginning of anarchy where some people have decided to take other citizens hostage.” Wagner said that “forced blows against the state, justice and democratic institutions like the one delivered by protesters…should be denounced with force by all figures of power in the country.” He did not mention the Emergencies Act by name. But his comments could be interpreted as endorsing its use.

The government’s appeal will go first to the Federal Court of Appeal but then to the Supreme Court of Canada. Its chief justice appears to have already formed an opinion about the dispute. Having made his public comments, the chief justice should announce that he will recuse himself from the case to avoid a reasonable perception of bias. That too would help bring Canada back from the brink.

Author

  • Bruce Pardy
    Bruce Pardy

    Bruce Pardy is executive director of Rights Probe and professor of law at Queen’s University.

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International

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

Published on June 12, 2025

By

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

Published on June 11, 2025

By

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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