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COVID-19

Nova Scotia judge sues chief judge, provincial court over Covid vaccine status and judicial independence

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News release from the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms is providing for the legal representation of Judge Rickcola Brinton of the Provincial Court of Nova Scotia in a lawsuit against The Honorable Pamela S. Williams, former Chief Judge of the Provincial Court of Nova Scotia, among others. Brinton was threatened by Williams with suspension and referral to the provincial Judicial Council after she chose not to disclose her Covid vaccination status in late 2021. She filed her claim in the Supreme Court of Nova Scotia on September 29, 2023, seeking damages for the intentional violation of her judicial independence and medical privacy.

On September 29, 2021, Brinton received an email (sent to all judges of the Nova Scotia Provincial Court) from Judge Williams, then Chief Judge, asking if they would agree to share their vaccination status with each other. Chief Judge Williams also asked whether the Court should share that information with the Nova Scotia Bar.

On October 1, 2021, Brinton replied, “I realize I may be in the minority…as I have concerns with medical privacy,” she wrote. “I also know that the vaccination mandates and passports may be disproportionately impacting racialized communities. And as an essential service, will we be creating a two-tiered society for those who already feel as though we are not all free to serve them?” She thus declined to disclose her vaccination status.

In an effort to persuade her, Chief Judge Williams met with Brinton on October 7, 2021. Brinton explained that her decision not to disclose her vaccination status was a matter of conscience and the result of prayerful contemplation. She offered to get tested for Covid as often as needed, but Chief Judge Williams rejected Brinton’s proposal.

At the end of October, Brinton went on short-term disability leave. She submitted the required Proof of Illness form completed by her doctor.

On November 1, 2021, Chief Judge Williams sent out an email to all judges stating that “only fully vaccinated judges will be assigned to sit in our courtrooms.” Four days later, on November 25, 2021, she issued a public statement announcing that “[a]ll Provincial Court judges presiding in courtrooms, both now and in the future, are fully vaccinated.”

A few months later, on February 22, 2022, Chief Judge Williams wrote to Brinton stating that she would not approve the continuation of the short-term leave unless Brinton provided evidence of her disability. She also wrote that if Brinton continued to refuse to disclose her vaccination status, she would be “considered non-vaccinated and unable to preside over in-person trial and sentencings in the Court Room,” and that she would have “no recourse other than to suspend [Brinton] and refer the matter to the Judicial Council.”

Then, on March 27, 2022, without warning or Brinton’s consent, Chief Judge Williams wrote to Brinton’s doctor requesting that he supply her with details of Brinton’s medical issues. The doctor called Brinton to ask if she consented to this disclosure of medical information. She did not consent. The Chief Judge’s office followed up by calling the doctor’s office to once again ask for disclosure consent. Again, Brinton declined. Meanwhile, Brinton had provided necessary information to her disability benefits provider and had been approved for long-term disability.

Brinton has not received any communication from Chief Judge Williams since April 2022. Williams’ term as Chief Judge ended in August 2023. She continues to sit on the bench.

Judicial independence is a crucial and ancient constitutional principle, predating the Canadian Charter of Rights and Freedoms. Brinton raised concerns about interference with medical privacy and the impact of disclosing her Covid vaccination status on the independence and impartiality of both herself and the Court, particularly with respect to cases where courts have been asked to rule on issues regarding Covid vaccines; for example, whether an employee who is terminated for not taking the Covid vaccine is eligible for EI benefits, or whether it was legal for post-secondary institutions to force students out of their programof study for not taking the vaccine. As a result of raising such concerns, Brinton was threatened with suspension and disciplinary action.

Brinton’s lawsuit names the Honourable Pamela S. Williams, the Office of the Chief Judge of the Provincial Court of Nova Scotia, the Provincial Court of Nova Scotia, and the Attorney General of Nova Scotia representing His Majesty the King in Right of the Province of Nova Scotia, as defendants.

Alberta

Coutts Three verdict: A warning to protestors who act as liaison with police

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From the Frontier Centre for Public Policy

By Ray McGinnis

During the trial numbers of RCMP officers conceded that the Coutts Three were helpful in their interactions with the law. As well, there didn’t seem to be any truth to the suggestion that Van Huigenbos, Van Herk and Janzen were leaders of the protest.

Twelve jurors have found the Coutts Three guilty of mischief over $5,000 at a courthouse in Lethbridge, Alberta. Marco Van Huigenbois, Alex Van Herk and George Janzen will appear again in court on July 22 for sentencing.

Van Huigenbois, Van Herk and Janzen were each protesting at the Coutts Blockade in 2022. A blockade of Alberta Highway 4 began on January 29, 2022, blocking traffic, on and off, on Alberta Highway 4 near the Coutts-Sweetgrass Canada-USA border crossing. The protests were in support of the Freedom Convoy protests in Ottawa.

Protests began due to the vaccine mandates for truckers entering Canada, and lockdowns that bankrupted 120,000 small businesses. Government edicts were purportedly for “public health” to stop the spread of the C-19 virus. Yet the CDC’s Dr. Rachel Wallensky admitted on CNN in August 2021 the vaccine did not prevent infection or stop transmission.

By February 2022, a US court forced Pfizer to release its “Cumulative Analysis of Post-Authorization Adverse Event Reports” revealing the company knew by the end of February, 2021, that 1,223 people  had a “case outcome” of “fatal” as a result of taking the companies’ vaccine.

On the day of February 14, 2022, the three men spoke to Coutts protesters after a cache of weapons had been displayed by the RCMP. These were in connection with the arrest of the Coutts Four. Van Huigenbos and others persuaded the protesters to leave Coutts, which they did by February 15, 2022.

During the trial numbers of RCMP officers conceded that the Coutts Three were helpful in their interactions with the law. As well, there didn’t seem to be any truth to the suggestion that Van Huigenbos, Van Herk and Janzen were leaders of the protest.

RCMP officer Greg Tulloch testified that there were a number of “factions” within the larger protest group. These factions had strong disagreements about how to proceed with the protest. The Crown contended the Coutts Three were the leaders of the protest.

During his testimony, Tulloch recalled how Van Huigenbos and Janzen assisted him in getting past the “vehicle blockade to enter Coutts at a time during the protest when access to Coutts from the north via the AB-4 highway was blocked.” Tulloch also testified that Janzen and Van Huigenbos helped with handling RCMP negotiations with the protesters. Tulloch gave credit to these two “being able to help move vehicles at times to open lanes on the AB-4 highway to facilitate the flow of traffic in both directions.”

During cross examination by George Janzen’s lawyer, Alan Honner, Tulloch stated that he noticed two of the defendants assisting RCMP with reopening the highway in both directions. Honner said in summary, “[Marco Van Huigenbos and George Janzen] didn’t close the road, they opened it.”

Mark Wielgosz, an RCMP officer for over twenty years, worked as a liaison between law enforcement and protesters at the Coutts blockade. Taking the stand, he concurred that there was sharp disagreement among the Coutts protesters and the path forward with their demonstration. Rebel News video clips “submitted by both the Crown and defence teams captured these disagreements as demonstrators congregated in the Smuggler’s Saloon, a location where many of the protesters met to discuss and debate their demonstration.” Wielgosz made several attempts to name the leaders of the protest in his role as a RCMP liaison with the protesters, but was unsuccessful.”

However, the Crown maintained that the protest unlawfully obstructed people’s access to property on Highway 4.

Canada’s Criminal Code defines mischief as follows in Section 430:

Every one commits mischief who willfully

(a)  destroys or damages property;

(b)  renders property dangerous, useless, inoperative or ineffective;

(c)   obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

(d)  obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

Robert Kraychik reported that “RCMP Superintendent Gordon Corbett…cried (no comment on the sincerity of this emoting) while testifying about a female RCMP officer that was startled by the movement of a tractor with a large blade during the Coutts blockade/protest.” This was the climax of the trial. A tractor moving some distance away from an officer in rural Alberta, with blades. The shock of it all.

No evidence was presented in the trial that Van Huigenbos, Van Herk and Janzen destroyed or damaged property. Officers testified they couldn’t identify who the protest leaders were. They testified the defendants assisted with opening traffic lanes, and winding down the protest.

By volunteering to liaise with the RCMP, the Crown depicted the Coutts Three as the protest leaders. Who will choose to volunteer at any future peaceful, non-violent, protest to act as a liaison with the policing authorities? Knowing of the verdict handed down on April 16, 2024, in Lethbridge?

Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy. His forthcoming book is Unjustified: The Emergencies Act and the Inquiry that Got It Wrong.

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COVID-19

Trudeau gov’t budgets additional $36 million for its COVID vaccine injury program

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From LifeSiteNews

By Anthony Murdoch

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