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COVID-19

Peckford: Hallelujah! Supreme Court of Canada to hear Newfoundland and Labrador charter case

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14 minute read

From the Frontier Centre for Public Policy

By Brian Peckford

This will allow the SCC to address novel questions about the scope of mobility rights in Canada and the extent to which the government can limit Canadians’ rights to move freely around the country.

In what can only be considered a surprise move the SCC has agreed to hear an appeal of a decision of the Supreme Court of Newfoundland. Surprise because the Newfoundland and Labrador Court of Appeal refused to hear the appeal of this exact case.

For the Appeal Court it was the all too familiar excuse of the whole thing being too moot for the Court.

But now the SCC has agreed to hear the case. The parties, Kimberly Taylor and The Canadian Civil Liberties Association appealed to the court.

Here is a copy of the Civil Liberties Press Release dated April 26, 2024:

“Arbitrary travel restrictions infringe on the mobility rights of Canadians. CCLA’s challenge of Newfoundland government’s Bill 38 will continue before the Supreme Court of Canada (SCC), so that Canadians have clear, predictable, and stable answers to fundamental questions affecting their basic mobility rights.”

Back in May 2020, CCLA challenged the constitutionality of the Newfoundland government’s Bill 38 before the province’s Supreme Court. This Bill provided for a travel ban between provinces and other restrictive measures in the context of the COVID-19 pandemic. CCLA asked the Court to declare Bill 38 in violation of s.6 (mobility rights), as well as other Charter rights. CCLA also argued that the law could not be saved by s.1, which says that limits on rights must be reasonable and demonstrably justified. In September of 2020, the province’s Supreme Court found that the travel ban did violate the s.6 Charter right to mobility, but that such infringement could be justified under s.1. CCLA pursued this case before the Newfoundland and Labrador Court of Appeal. In August of 2023, the Court of Appeal refused to settle the merits of the appeal under the motive that it was moot, since the ban had been lifted. This was done despite all the parties urging the Court of Appeal to decide the appeal on the merits.

CCLA is pleased to learn that the SCC just granted its application seeking leave to appeal in this case. This will allow the SCC to address novel questions about the scope of mobility rights in Canada and the extent to which the government can limit Canadians’ rights to move freely around the country. CCLA is grateful for the excellent pro bono work of Paul Pape, Shantona Chaudhury and Mitchell McGowan from Pape Chaudry LLP in this file.”

Like the Association I am pleased that the highest court is going to hear the case. One can only assume that it will not just issue a silly moot decision given that they could have let the Court of Appeal decision of Newfoundland stand and not hear the case.

I hope the highest court considers the following given it is high time for the Constitution of This Country to be fairly applied and interpreted as written.

Courts have not the power to rewrite this sacred document. They are not omnipotent. That is for the people through its elected representatives as expressed in Section 38 of the Constitution Act 1982 in which the Charter is located—the Amending Formula.

The intent of Section 1 Of the Charter was that it could only be applied in a war, insurrection, the state being threatened circumstance. As one of the First Ministers involved and whose signature is on the original Patriation Agreement I submit this point of view was what was operative at the time of the construction of this section. All remaining First Ministers whose names are on that document are no longer with us. Sadly, no court has called me to provide my view.

This intent is clear In Section 4 (2) of the Charter:

 “In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.”

So, decisions that have been made concerning the Charter should only be made in this context. Numerous court deliberations here and in many western jurisdictions have considered intent in determining the legitimacy of legislation. This is not novel or new.

Hence, a glaring, fundamental mistake has occurred in interpreting our Charter. The blatant omission of considering the opening words of the Charter in any interpretation of legislation by the Courts is an abuse of the Charter, our Constitution. Where is the power provided the courts to engage is such omission? Those words are:

“Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:”

The one reference of which I am aware in the Courts literature to any consideration of the opening words relating to God was by an Alberta Judge in a lower court foolishly indicated that the creators of the words did not identify God as being a Christian God. All the creators, the First Ministers, were Christians —that’s all. What an insult to our history and traditions and the authors?

And this has been allowed to stand?

And what about the rule of law? Little if anything has been done in considering and interpreting this point.

As for Section 1 itself of the Charter. If one can get past the previous points, which is impossible, but let’s speculate: the court in question in Newfoundland, like the courts across the land, have disfigured, misinterpreted the wording of this section —-

Rights and freedoms in Canada

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

What is of crucial importance is ‘demonstrably justify ‘and a free and democratic society ‘—-is it not? Many try and evade confronting these concepts by emphasizing ‘reasonable ‘. But ‘reasonable ‘is qualified, if you will, with ‘as can be demonstrably justified ‘and ‘in a free and democratic society.’ This was deliberate by the creators and authors of this section.

So, as we all know such reasonable demonstration would be a cost benefit analysis, a tool used frequently by Government in considering new policies or programs —and this case especially when sacred rights enshrined in the constitution were to be taken way!!! Yet, there was none!  And what about the Provincial Emergency Management organizations that were already established in all the provinces with immediate expertise. Were they consulted? Not one!

No such attempt was made, and the Governments did not conduct even a cursory cost benefit review and the courts eagerly accepted the one-sided Government narrative.  Yet experts like Lt. Colonel David Redman, who had been involved in Emergency Management and had written extensively on it were never consulted!

And ‘free and democratic society? Was there any meaningful engagement of the Parliament of Canada or the Legislative Assemblies —-not really, ——only to delegate power to unelected bureaucrats and relieve the politicians of direct responsibility. Where were the Parliamentary Committees? The sober consideration of all points of view in an open public session? Of independent science? Does not free and democratic society entail such deliberations?

And to those courts / governments who talk about little time—in this Newfoundland case it was 6 months before The Supreme Court of the Province ruled and 15 months for the Court of Appeal to issue a non-decision! So much for serving the people!

As for the concept of ‘mootness ‘that has been most dramatically used by the Federal Court and the Federal Court of Appeal and The Court of Appeal in Newfoundland? This is a construct of the court not the Constitution.

It denies a citizen the right to know whether a government action to which a citizen was subjected violates the Charter.  Should a court idea of mootness, refusing to rule on whether a government action of only months before overruling the people’s right to know if their rights and freedoms were violated? Is this not the role of the Court? To protect the rights and freedoms of the citizens from Government overreach? That was and is the whole point of the Charter.

Whether the Government action is presently operative or not should be irrelevant, especially when millions of citizens were involved and especially when it involved rights and freedoms protected under the Charter, our Constitution. There may be a role for mootness if a frivolous matter is established but by any measure what we are discussing is anything but a frivolous matter, even though The Newfoundland Court of Appeal in calling the whole thing ‘moot ‘had the gall to find the Government’s action of denying rights ‘fleeting.’ Courts have abdicated their solemn responsibilities to the people in the exaggerated use of such Court constructed procedures.

So the highest court can go back to ‘first principles’, and examine intent and the opening words of the Charter and place them in full context in any interpretation of the Charter. If this were done then Section 1 of the Charter would not even be in play. Constructing a hypothetical i.e. considering Section 1 of the Charter during the so called ‘covid emergency’, well, even if we do, the Government and Court reasoning would have failed as demonstrated above.

There is an opportunity through this case as well as the one in which I am involved for our highest court to get it right——to return to the full constitution and re-establish the ‘supremacy of God and the rule of law, ‘the legitimate role of Parliament, to the plain meaning of demonstrably justify, and the importance of intent in interpreting our Charter.

Is the Supreme Court of Canada up to the challenge?

Will our Constitution, our democracy be restored?

The Honourable A. Brian Peckford P.C. is the last living First Minister who helped craft the Canadian Charter of Rights

Watch –  Leaders on the Frontier: Brian Peckford on Saving Canada’s Democracy | Frontier Centre For Public Policy (fcpp.org)  January 20, 2022

COVID-19

Malaysian doctor goes viral after apologizing for administering COVID shots

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Dr. Syafiq Nordin

From LifeSiteNews

By Angeline Tan

Dr. Syafiq Nordin asked for forgiveness if he misguided anyone.

On April 17, a restorative doctor from Malaysia posted what seemed to be a sincere apology for administering the experimental COVID-19 “vaccines” to patients.

In a Facebook post, Dr. Syafiq Nordin said (English translation below from his native Malay):

“PLEASE FORGIVE ME

1. New revelations about Pfizer have revealed a weakness in the industry, of which I am part of.

2. I am saddened as, before meeting Dr. Razin Jaafar, the medical advice I gave contained many mistakes, particularly with regard to COVID.

3. However, I am very grateful to him because I am now more open-eyed and more enlightened about health sciences, which honestly are more natural and fitting to my soul as a medical practitioner and as a Muslim.

4. During the past COVID times, it is undeniable that it was difficult for health care workers who strove to provide the best health services, and even more difficult for the rest of the citizens facing the Movement Control Order (MCO) lockdown.

5. The administration of the vaccine at that time was seen as the best way, and the mass vaccination program was launched very rapidly.

6. I was also involved, in my capacity, in giving medical advice and obtaining “consent” so that the vaccine could be administered.

7. I, as a medical practitioner, also took 3 Pfizer vaccines.

8. Everything happened in a “touch & go” manner, it was impossible for me to identify whom I had given medical advice pertaining to this matter.

9. With this, I would like to apologize a thousand times for the mistakes I had made in the previous years, particularly to those who came to me during the mass COVID-vaccination season.

10. Honestly, I am unable to assist anyone financially should complications happen.

11. Nonetheless, I will try my best to provide more holistic medical advice in line with the Restorative sciences brought by Dr. Razin.

I apologize, Malaysian Citizens!”

Dr. Nordin’s post went viral, receiving 2,800 likes, 1,500 comments and 4,300 shares at the time of reporting.

One comment by Mohammed Shazni read:

“Congratulations doctor because doctor is man enough to admit his mistakes and apologize. Hopefully the others will also get rid of their ego and make a massive apology, including all ‘religious people’ yeah.”

Another comment by Biskut Jagung said:

“Thank you Doctor for the recognition And the doctor’s honesty. I was able to take mom to get her post v treatment with Doctor Razin because the vax has changed my mom’s life 360 degrees.”

Mohamad Shafiq wrote:

“The best doc.. I salute the doctor for his bravery to admit it. not an easy thing. May more medical practitioners come forward and raise awareness to the people.”

Top fan Raja Intan Ris also penned:

“Sad but thanks for the open apology Dr Syafiq Nordin. Hopefully more doctors who already know about the badness of V will appear to correct the condition”

With his apology, Dr. Nordin joins the ranks of people all over the world, including mRNA pioneer Dr. Robert Malone, U.S. journalist Megyn Kelly, and former CNN anchor Chris Cuomo who have changed their minds regarding the experimental COVID-19 shots.

In 2021, amid the COVID-19 “vaccination” craze worldwide, Malaysia launched the National COVID-19 Immunization Programme (NIP), known as “Program Imunisasi COVID-19 Kebangsaan” in Malay. At that time, Malaysia set a target of inoculating at least 80% of its population by February 2022, according to Reuters reports.

“Sorry to say, we will make life very difficult for you if you’re not vaccinated by choice.”

“If you choose not to vaccinate, then we will probably ask you to do regular tests that you have to pay for,” he added.

“Although Malaysia is unlikely to mandate vaccination at the national level, it is seriously looking at sectoral mandates.”

In a post on X (formerly Twitter) on February 16, 2022, Khairy attempted to debunk claims that his son was injected with air rather than the COVID-19 “vaccine”:

“Don’t disturb others who want their children vaccinated,” he posted.

Earlier, Khairy had shared a video of six-year-old son Raif getting “vaccinated,” but some social media commenters retorted that the video was just “for show” and that his son had not actually received a COVID-19 shot.

Malaysia, a Southeast Asian country, has seen its fair share of those resistant to the COVID-19 shots. According to a survey by the Ministry of Health Malaysia conducted in December 2020, as reported by establishment media outlet Channel News Asia, 17 percent of those polled said they were unsure of the “vaccine.” Up to 78 percent of those in the uncertain group were not confident that the experimental “vaccines” would be effective, and 71 percent thought they would be unsafe for use.

In 2023, The New Straits Times reported that Khairy was one of several defendants, along with “vaccine” makers Pfizer, AstraZeneca, and Pharmaniaga, in domestic lawsuits over side effects from the COVID-19 “vaccine.”

The plaintiffs demanded that the defendants like Khairy be held culpable for the side effects of the “vaccines,” including severe complications causing “death, permanent disability, and other complications resulting in losses.

Besides Malaysia, neighboring Singapore was not spared from various rounds of draconian COVID-19 lockdowns and experimental “vaccination” campaigns either, with the Singapore government coming down harshly on “vaccine” resistance. Religious houses of worship, including Catholic churches, had to implement government-mandated “vaccination-differentiated safe management measures” (VDS) in 2022.

Based on Singapore’s VDS measures, only those considered by the government as “fully vaccinated” or who were “medically ineligible for Covid-19 vaccines or have recovered from the disease as well as children aged 12 and below,” could attend in-person worship services and Catholic Masses. No religious exemptions were granted to those who expressed doubts about receiving the abortion-tainted “vaccines.”

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Brownstone Institute

Enough With These Dangerous Calculations

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From the Brownstone Institute

BY Jeffrey A. TuckerJEFFREY A. TUCKER 

Now that there is more open talk about vaccine injury, we are continually assured that overall these vaccines were worth it even so. The thought always occurs: it has not been worth it for the injured. Nor is their injury lessened by the knowledge that others were helped, if they were.

What precise metric are we going to use to determine costs and benefits population-wide? Many millions were forced to take experimental injections that they did not want nor need. Many were injured and with no chance of compensation. This is gravely unjust. You don’t need to take recourse to fancy philosophical conjectures (The Trolley Problem, The Lifeboat Dilemma, The Fat Man on the Bridge, etc.) to do the utilitarian calculation.

And yet, such calculations are precisely what the defenders of society-wide pandemic interventions are citing as evidence that we can and should do it again. The costs are high, they now admit, but worth the benefit.

Well, maybe not. It’s hard to say but they will keep working on it. They will decide in due course.

This is the argument of Professor John M. Barry. His book on the 1918 flu pandemic kicked off the entire pandemic-planning industry once George W. Bush read the book flap in 2005. Barry’s new article in the New York Times raises alarms about the Avian Bird Flu, the same as the whole pandemic industry is doing right now, and makes the argument that the interventions last time were just great overall.

“Australia, Germany and Switzerland are among the countries that demonstrated those interventions can succeed,” he claims even though all three countries have been torn apart by the pandemic response that is still rocking politics and showing itself in economic decline “Even the experience of the United States provides overwhelming, if indirect, evidence of the success of those public health measures.”

What is that indirect evidence? This you won’t believe: that flu deaths dramatically fell. “The public health steps taken to slow Covid contributed significantly to this decline, and those same measures no doubt affected Covid as well.”

That’s a heck of a thing. If you burn down the house to kill the rats and fail, but happen to kill the pets, surely you have some bragging rights there.

There is indeed a big debate on why seasonal flu seems to have nearly disappeared during the pandemic. One theory is simple misclassification, that flu was just as present as always but labeled Covid because PCR tests pick up even slight elements of the pathogen and financial incentives drove one to displace the other. There is surely an element of this.

Another theory relates to crowding out: the more serious virus pushes aside the less serious one, which is an empirically testable hypothesis.

A third explanation might in fact be related to interventions. With vast numbers staying home and the banning of gatherings, there was indeed less opportunity for pathogenic spread. Even if granting that is true, the effect is far from perfect, as we know from the failure of every attempt to achieve zero Covid. Antarctica is a good example of that.

That said, and even postulating this might be correct, there is nothing to prevent the spread among the population after opening except with even worse results because immune systems are degraded for lack of exposure.

Barry concedes the point but says “such interventions can achieve two important goals.” The first is “preventing hospitals from being overrun. Achieving this outcome could require a cycle of imposing, lifting and reimposing public health measures to slow the spread of the virus. But the public should accept that because the goal is understandable, narrow and well defined.”

Fine, but there is a major glaring error. Most hospitals in the US were not overrun. There is even a genuine question about whether and to what extent New York City hospitals were overrun but, even if they were, this had nothing to do with hospitals in most of the country. And yet the grand central plan closed them all for diagnostics and elective surgeries. In major parts of the country, parking lots were completely empty and nurses were furloughed in more than 300 hospitals.

Overall, that scheme (and who imposed this?) didn’t work too well.

The second supposed benefit you can predict: shutting down buys time “for identifying, manufacturing and distributing therapeutics and vaccines and for clinicians to learn how to manage care with the resources at hand.” This is another strange statement because authorities actually removed therapeutics from the shelves all over the country even though physicians were prescribing them.

As for the supposed vaccine, it did not stop infection or transmission.

So that scheme didn’t work either. There is also something truly cruel about using compulsory methods to preserve the population’s immunological naïveté in anticipation of a vaccine that may or may not work and may or may not cause more harm than good. And yet that is precisely the plan.

The most alarming part of Barry’s article, even aside from his incorrect claim that masks work, is this statement: “So the question isn’t whether those measures work. They do. It’s whether their benefits outweigh their social and economic costs. This will be a continuing calculation.”

Again we are back to benefit vs costs. It’s one thing for a person confronting a true moral or personal difficulty to make that calculation and live with the consequences. Every philosophical problem listed above – Trolly Cars and Lifeboats – involves personal choices and single decision-makers. In the case of pandemic planning and response, we are talking about groups of intellectuals and bureaucrats making decisions for the whole of society. In the last go-round, they made these decisions for the entire world with catastrophic results.

Many hundreds of years ago and following, the Western mind decided that giving such power to elites was not a good idea. The “continuing calculation” about what costs and benefits are experienced by billions of people from compulsory impositions is not something we should risk, not even with AI (which Barry says will solve the problems next time). Instead, we generally decided that a presumption of freedom is a better idea than empowering a small elite of scientists with the power to make “continuing calculations” for our supposed benefit.

Among many problems with the scientistic scheme for elite rule in the realm of infectious disease is that the population as a whole has no way to evaluate schemes and claims made to them by the government itself. They told us terrible population-wide death would come from Covid but it turned out to be exactly what others said back in February 2020; a disease impactful mainly on the aged and infirm.

Similarly, with the bird flu, we’ve been through a quarter century of claims that half of humanity could die from it. So far, every jump from animals to humans has resulted in reparable maladies like conjunctivitis.

But let’s say the bird flu really does get bad. Should the scientists who ruled us last time be trusted to do it again? That’s Barry’s plea: he demands “trust in government.” At the same time, he wants government to have the power to censor dissent. He falsely claims that last time, “there was no organized effort to counter social media disinformation” despite vast evidence of exactly this.

More information is actually what we need, especially from dissidents. For example, Barry celebrates that dexamethasone worked against Covid. But he fails to point out that the “experts” said in February 2020 that dexamethasone should not be used. Indeed, if you followed the Lancet, you would not have used them at all. In other words, Barry’s article refutes itself simply by showing the experts were desperately wrong in this case.

And, honestly, he knows this. Every bit of it. I have no doubt that if we met for cocktails, he would agree with most of this article. But he would also quickly point out that, after all, the New York Times commissioned the article so he can only say so much. He is merely being strategic, don’t you know?

This is the problem we face today with nearly all ruling-class intellectuals. We don’t actually disagree that much on the facts. We disagree on how much of the facts we are in a position to admit. And this puts Brownstone in a very awkward position of being a venue to say publicly what most people in the know say only privately. We do it because we believe in doing so.

All of which underscores the more general point: government and its connected scientists simply cannot be trusted with this kind of power. The last experience illustrates why. We forged our societies to have laws and guaranteed liberties that can never be taken away, not even during a pandemic. It is never worth using the power of the state to ruin lives to fulfill anyone’s abstract vision of what constitutes the greater good.

Author

  • Jeffrey A. Tucker

    Jeffrey Tucker is Founder, Author, and President at Brownstone Institute. He is also Senior Economics Columnist for Epoch Times, author of 10 books, including Life After Lockdown, and many thousands of articles in the scholarly and popular press. He speaks widely on topics of economics, technology, social philosophy, and culture.

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