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Justice

Quebec’s highest court upholds law banning public servants from wearing religious symbols

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Quebec Premier François Legault

From LifeSiteNews

By Clare Marie Merkowsky

Quebec’s highest court has upheld the province’s secularism law which bans civil servants from wearing religious symbols while at work.  

On February 29, the Quebec Court of Appeals ruled that that the province’s secularism law, Bill 21, is constitutional and overturned a previous decision which exempted English schools from the law.   

“The Act does not offend the unwritten principles or the architecture of the Canadian Constitution, nor does it offend any pre-Confederation statute or principle having constitutional status,” Appeal Court justices, Manon Savard, Yves-Marie Morrissette et Marie-France Bich wrote in their decision.  

Bill 21, passed in 2019, bans all public servants, including public school teachers, police officers, government lawyers, and wildlife officials, from wearing any religious symbols while at work.  

However, citing its commitment to “diversity, acceptance, tolerance and respect for individual rights and religious freedoms,” the Montreal English School Board indicated that it would not comply with the new law. 

While the Quebec Superior Court exempted English schools from the secularism law in April 2021, the new 290-page ruling overrides the lower court’s decision.  

The Superior Court decision was challenged in November 2022 by various civil liberties groups in addition to the Quebec government, which argued it created an unfair distinction between English and French schools.   

The new decision relies on the province’s use of the notwithstanding clause, which allows the province to override most challenges to the legislation. 

“The court has confirmed Quebec’s right to make its own decisions,” Premier François Legault told reporters in Montreal Thursday. “Secularism is a collective choice that is part of our history, in continuity with the Quiet Revolution. Secularism is a principle that unites us as a nation in Quebec.”  

Legault confirmed that the province will continue using notwithstanding clause for “as long as it is necessary for Canada to recognize the societal choice of the Quebec nation.” 

He added that the law is “non-negotiable” as the province recently tabled legislation to renew the application of the clause to Bill 21 for another five years. 

While the decision was celebrated by the Quebec premier, the Canadian Civil Liberties Association (CCLA) called the ruling a “painful setback.”  

“This is a heart-wrenching day and highlights the urgent need for people across Quebec who have stood up for the values of equality, justice and freedom to continue to raise their voices,” CCLA Executive Director and General Counsel Noa Mendelsohn Aviv said in a press release  

“These values are the ones that fuel our legal challenge and that lie at the heart of our collective struggle against Bill 21,” Aviv declared.  

Similarly, Quebec Life Coalition President Georges Buscemi told LifeSiteNews, “This decision is completely consistent with the recent historical trend in Quebec, which is one of rejecting its Catholic heritage in favor of a liberal ‘enlightened’ worldview, which considers religion to be a purely private matter.” 

“This decision confirms the ‘legality’ of Quebec’s secularism law, which purports to make the state ‘neutral’ with respect to religions,” he continued. “Whatever the intentions of this law, its effect is to extirpate all signs of religion from the public square, from Knights of Columbus meetings in community centers to prayer in daycares. So called state-neutrality is quickly becoming state atheism in practice.” 

Alberta

‘Fireworks’ As Defence Opens Case In Coutts Two Trial

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From the Frontier Centre for Public Policy 

By Ray McGinnis

Anthony Olienick and Chris Carbert are on trial for conspiracy to commit murder and firearms charges in relation to the Coutts Blockade into mid-February 2022. In opening her case before a Lethbridge, AB, jury on July 11, Olienick’s lawyer, Marilyn Burns stated “This is a political, criminal trial that is un Canadian.” She told the jury, “You will be shocked, and at the very least, disappointed with how Canada’s own RCMP conducted themselves during and after the Coutts protest,” as she summarized officers’ testimony during presentation of the Crown’s case. Burns also contended that “the conduct of Alberta’s provincial government and Canada’s federal government are entwined with the RCMP.” The arrests of the Coutts Four on the night of February 13 and noon hour of February 14, were key events in a decision by the Clerk of the Privy Council, Janice Charette, and the National Security Advisor to the Prime Minister, Jody Thomas, to advise Prime Minister Justin Trudeau to invoke the Emergencies Act. Chief Justice Paul Rouleau, in submitting his Public Order Emergency Commission Report to Parliament on February 17, 2023, also cited events at the Coutts Blockade as key to his conclusion that the government was justified in invoking the Emergencies Act.

Justice David Labrenz cautioned attorney Burns regarding her language, after Crown prosecutor Stephen Johnson objected to some of the language in the opening statement of Olienick’s counsel. Futher discussion about the appropriateness of attorney Burns’ statement to the jury is behind a publication ban, as discussions occurred without the jury present.

Justice Labrenz told the jury on July 12, “I would remind you that the presumption of innocence means that both the accused are cloaked with that presumption, unless the Crown proves beyond a reasonable doubt the essential elements of the charge(s).” He further clarified what should result if the jurors were uncertain about which narrative to believe: the account by the Crown, or the account from the accused lawyers. Labrenz stated that such ambivalence must lead to an acquittal; As such a degree of uncertainty regarding which case to trust in does not meet the “beyond a reasonable doubt” threshold for a conviction.”

On July 15, 2024, a Lethbridge jury heard evidence from a former employer of Olienicks’ named Brian Lambert. He stated that he had tasked Olienick run his sandstone quarry and mining business. He was a business partner with Olienick. In that capacity, Olienick made use of what Lambert referred to as “little firecrackers,” to quarry the sandstone and reduce it in size. Reducing the size of the stone renders it manageable to get refined and repurposed so it could be sold to buyers of stone for other uses (building construction, patio stones, etc.) Lambert explained that the “firecrackers” were “explosive devices” packaged within tubing and pipes that could also be used for plumbing. He detailed how “You make them out of ordinary plumbing pipe and use some kind of propellant like shotgun powder…” Lambert explained that the length of the pipe “…depended on how big a hole or how large a piece of stone you were going to crack. The one I saw was about six inches long … maybe an inch in diameter.”

One of Olienick’s charges is “unlawful possession of an explosive device for a dangerous purpose.” The principal evidence offered up by RCMP to the Crown is what the officers depicted as “pipe bombs” which they obtained at the residence of Anthony Olienick in Claresholm, Alberta, about a two-hour drive from Coutts. Officers entered his home after he was arrested the night of February 13, 2022. Lambert’s testimony offers a plausible common use for the “firecrackers” the RCMP referred to as “pipe bombs.” Lambert added, these “firecrackers” have a firecracker fuse, and in the world of “explosive” they are “no big deal.”

Fellow accused, Chris Carbert, is does not face the additional charge of unlawful possession of explosives for a dangerous purpose. This is the first full week of the case for the defence. The trial began on June 6 when the Crown began presenting its case.

Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy who recently attended several days of testimony at the Coutts Two trial.

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COVID-19

Ontario gov’t drops over 100 fines from COVID era for compliance violations

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From LifeSiteNews

By Anthony Murdoch

Charges were withdrawn for violations of the Quarantine Act ‘due to a lack of reasonable prospect of conviction, delay, non-appearance of the government’s witness at trial, or a decision taken by the Crown not to proceed.’

Canadian legal advocacy group The Democracy Fund (TDF) says that because of generous donor support it secured the staying or withdrawal of 109 COVID-era tickets given to multiple people in Ontario.

The TDF said in a press update sent to LifeSiteNews that most often the charges were withdrawn or stayed “due to a lack of reasonable prospect of conviction, delay, non-appearance of the government’s witness at trial, or a decision taken by the Crown not to proceed.”

“It’s gratifying to see our hard work pay off, and a relief to our clients who have endured years of legal uncertainty,” TDF paralegal Jenna Little said.

“But the government is still doggedly pursuing many clients for charges that should not have been brought in the first place and consume scarce judicial resources.”

The TDF observed that its clients were charged under the Quarantine Act s.15 (failure to provide information to screening officer), s.58 (failure to complete ArriveCan, failure to arrange for quarantine), or s.66 (obstruct an officer).

It noted that the fine for each charge was around $5,000, with “with potential total fines for conviction on all charges reaching $681,250.”

“Though many of these cases have been successfully resolved, many remain,” the TDF said.

Some of the charges were issued under the Emergency Management and Civil Protection Act, such as s.7.0.11 (obstruct an officer), which can carry a one-year jail sentence and a $10,000 fine.

The TDF stated that in “rare cases” some clients were also charged under “s.10 of the Reopening Act (gather or fail to close premises).”

The TDF noted that despite the recent court wins, there are still “hundreds” of clients who are facing “potential fines and jail time for peacefully protesting or objecting to government overreach during COVID lockdowns.”

The TDF said that during COVID the government used the opportunity to enact “rights-infringing, overbroad laws.”

“Legislators and bureaucrats zealously enforced these laws against Canadians in an effort to secure compliance and suppress peaceful protest. Fortunately, The Democracy Fund (TDF) and its team of lawyers and paralegals, with the support of generous donors, fought back,” it said.

The TDF, founded in 2021, bills itself as a Canadian charity “dedicated to constitutional rights, advancing education and relieving poverty,” by promoting constitutional rights “through litigation and public education.”

In early July, LifeSiteNews reported that TDF lawyers helped get criminal charges against a Canadian man who participated in the pro-family 1 Million March 4 Children protest over radical LGBT ideology being taught in public schools dropped by the Crown.

Over the last couple of years, the TDF has been active in helping Canadians persecuted under COVID mandates and rules fight back. Notable people it has helped include Dr. Kulvinder Kaur Gill, an Ontario pediatrician who has been embroiled in a legal battle with the College of Physicians and Surgeons of Ontario (CPSO) for her anti-COVID views. She has also had the help of Elon Musk.

COVID vaccine mandates, which came from provincial governments with the support of the federal government, split Canadian society. The mRNA shots have been linked to a multitude of negative and often severe side effects in children.

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