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Freedom Convoy lawyers ask for dismissal of Ottawa citizens’ $290 million class-action suit

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From LifeSiteNews

By Anthony Murdoch

Lawyers representing Freedom Convoy leaders filed an application to dismiss the lawsuit as a ‘Strategic Lawsuit Against Public Participation (SLAPP) – a lawsuit designed to silence the expression of peaceful protesters.’

A $290 million class-action lawsuit filed by disgruntled Ottawa residents against the Freedom Convoy leaders is designed to “silence” the leaders’ right to free “expression,” say their lawyers, adding that they have applied to have the case dismissed.

According to a Justice Centre for Constitutional Freedoms (JCCF) press release from yesterday, lawyers representing Freedom Convoy leaders Tamara Lich, Chris Barber and others, have filed an application to dismiss the lawsuit as a “Strategic Lawsuit Against Public Participation (SLAPP)–a lawsuit designed to silence the expression of peaceful protesters.” The lawyers are expected to be in court on Thursday, December 14, to argue their case.

“The fundamental Charter freedoms of expression, association and peaceful assembly must be vigorously protected and defended, whether they are attacked directly by government or indirectly through a misguided civil action,” noted JCCF President John Carpay regarding the application to dismiss the lawsuit.  

In February 2022, the Freedom Convoy leaders were hit with the lawsuit, which originally started at $9.8 million but then ballooned to $290 million. The class-action lawsuit was filed by Ottawa civil servant Zexi Li on February 4, 2022, along with Geoffrey Delaney, Happy Goat Coffee Company, and a local union. It names plaintiffs who have businesses or were working in the city’s downtown core during the Freedom Convoy.  

According to the February 17, 2022, filing, all the plaintiffs are being represented by Ottawa litigation lawyers Champ & Associates. 

Included in the defendants lists besides Barber and Lich are Benjamin Dichter, as well as dozens of others. The lawsuit seeks damages against the peaceful protestors for “allegedly causing a nuisance. This lawsuit also seeks damages from citizens who donated to the peaceful protest,” noted the JCCF. 

Li was instrumental in having a horn-honking injunction placed against the Freedom Convoy during the protest.

According to the JCCF, anti-SLAPP legislation serves “to protect defendants against ‘Strategic Lawsuits Against Public Participation’ (SLAPP)–lawsuits designed to silence a defendant’s freedom of expression through threats of damages or costs.” 

“Anti-SLAPP motions are designed to end such lawsuits and are available to a defendant in any proceeding against them. Once an anti-SLAPP motion has been filed, the defendant must demonstrate that the proceeding against them arises from their expression that ‘relates to a matter of public interest’,” noted the JCCF. 

Should the defendant demonstrate that their expression does relate to a “matter of public interest,” then the plaintiff “must then demonstrate that their lawsuit has ‘substantial merit,’ and that the defendant has no valid defense.” 

At this point, the JCCF notes that a judge must then “weigh the importance of the expression at stake against the importance of the plaintiff’s allegations of harm.” 

‘Factual and legal weaknesses’  

JCCF lawyers will be in court tomorrow at the Ontario Superior Court of Justice regarding their Anti-SLAPP motion and say they will argue that the proceedings against “Tamara Lich, Chris Barber and others” do, in fact, “arise from their expression.” 

“Donating to and participating in the Freedom Convoy amounted to an expression of support for the protest, and of disagreement with the Government of Canada’s response to COVID–matters of public interest,” noted the JCCF. 

“Further, lawyers argue that Zexi Li’s class-action lawsuit contains factual and legal weaknesses; it is not obvious that the proceeding against the defendants has ‘substantial merit.’ Finally, lawyers argue that the defendants do have valid defenses and that the value of the expression at issue outweighs the allegations of nuisance against them.” 

According to lawyer James Manson, Li’s lawsuit engages the “very purpose that ‘anti-SLAPP’ legislation was designed to address: an attempt to silence peaceful expression, and the right of defendants to participate in public debate.” 

Lawyers will argue that the “plaintiffs’ entire class-action lawsuit is, in fact, a SLAPP action disguised as a nuisance claim and that the lawsuit is merely intended to punish the defendants for participating in the 2022 Freedom Convoy protest.” 

The JCCF said that if they are successful, all or part of Li’s class action lawsuit will be dismissed.  

Lawsuit comes amidst Freedom Convoy leaders’ trial  

Currently, Lich and Barber are on trial in an Ottawa court to argue against Crown charges relating to their involvement with the Freedom Convoy. The trial is now on pause until the new year.  

The Crown has been trying to prove that Lich and Barber had somehow influenced the protesters’ actions through their words as part of a co-conspiracy. Lich and Barber’s lawyers however reject this notion.  

It got to the point where Justice Heather Perkins-McVey warned Li she must stop using the term “occupation” as a descriptor for the protest or face disciplinary action.  

Li, in February of 2022, had commended Prime Minister Justin Trudeau’s refusal to meet the truckers, telling CTV News at the time that the truckers “cannot be negotiated with” and that Ottawa downtown residents “have trauma” and deserve “reparations” for having been disturbed.  

In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government enacted the Emergencies Act on February 14. 

During the clear-out of protesters after the EA was put in place, one protester, an elderly lady, was trampled by a police horse, and one conservative female reporter was beaten by police and shot with a tear gas canister. 

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Alberta

Red Deer Doctor critical of Alberta’s COVID response to submit report to Danielle Smith this May

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From LifeSiteNews

By Anthony Murdoch

Leading the task force is Dr. Gary Davidson, who was skeptical of mandates at the time.

Alberta Premier Danielle Smith will soon be receiving a little-known report she commissioned which tasked an Alberta doctor who was critical of the previous administration’s handling of COVID to look into how accurate the province’s COVID data collection was, as well as the previous administration’s decision-making process and effectiveness. 

As noted in a recent Globe and Mail report, records it obtained show that just less than one month after becoming Premier of Alberta in November of 2022, Smith tasked then-health minister Jason Copping to create the COVID data task force. 

Documents show that the Alberta government under Smith gave the new task force, led by Dr. Gary Davidson – who used to work as an emergency doctor in Red Deer, Alberta – a sweeping mandate to look at whether the “right data” was obtained during COVID as well as to assess the “integrity, validity, reliability and quality of the data/information used to inform pandemic decisions” by members of Alberta Health Services (AHS).  

As reported by LifeSiteNews in 2021, Davidson said during the height of COVID that the hospital capacity crisis in his province was “created,” was not a new phenomenon, and had nothing to do with COVID.

“We have a crisis, and we have a crisis because we have no staff, because our staff quit, because they’re burned out, they’re not burnt out from COVID,” Davidson said at the time. 

Davidson also claimed that the previous United Conservative Party government under former Premier Jason Kenney had been manipulating COVID statistics.  

In comments sent to the media, Smith said that in her view it was a good idea to have a “contrarian perspective” with Davidson looking at “everything that happened with some fresh eyes.” 

“I needed somebody who was going to look at everything that happened with some fresh eyes and maybe with a little bit of a contrarian perspective because we’ve only ever been given one perspective,” she told reporters Tuesday. 

“I left it to [Davidson] to assemble the panel with the guidance that I would like to have a broad range of perspectives.” 

After assuming her role as premier, Smith promptly fired the province’s top doctor, Deena Hinshaw, and the entire AHS board of directors, all of whom oversaw the implementation of COVID mandates. 

Under Kenney, thousands of nurses, doctors, and other healthcare and government workers lost their jobs for choosing to not get the jabs, leading Smith to say – only minutes after being sworn in – that over the past year the “unvaccinated” were the “most discriminated against” group of people in her lifetime. 

As for AHS, it still is promoting the COVID shots, for babies as young as six months old, as recently reported by LifeSiteNews.  

Task force made up of doctors both for and against COVID mandates  

In addition to COVID skeptic Dr. Gary Davidson, the rather secretive COVID task force includes other health professionals who were critical of COVID mandates and health restrictions, including vaccine mandates.  

The task force was given about $2 million to conduct its review, according to The Globe and Mail, and is completely separate from another task force headed by former Canadian MP Preston Manning, who led the Reform Party for years before it merged with another party to form the modern-day Conservative Party of Canada. 

Manning’s task force, known as the Public Health Emergencies Governance Review Panel (PHEGRP), released its findings last year. It recommend that many pro-freedom policies be implemented, such as strengthening personal medical freedoms via legislation so that one does not lose their job for refusing a vaccine, as well as concluding that Albertans’ rights were indeed infringed upon. 

The Smith government task force is run through the Health Quality Council of Alberta (HQCA) which is a provincial agency involved in healthcare research.  

Last March, Davidson was given a project description and terms of reference and was told to have a final report delivered to Alberta’s Health Minister by December of 2023. 

As of now, the task force’s final report won’t be available until May, as per Andrea Smith, press secretary to Health Minister Adriana LaGrange, who noted that the goal of the task force is to look at Alberta’s COVID response compared to other provinces.  

According to the Globe and Mail report, another person working on the task force is anesthetist Blaine Achen, who was part of a group of doctors that legally challenged AHS’s now-rescinded mandatory COVID jab policy for workers. 

Some doctors on the task force, whom the Globe and Mail noted held “more conventional views regarding the pandemic,” left it only after a few meetings. 

In a seeming attempt to prevent another draconian crackdown on civil liberties, the UCP government under Smith has already taken concrete action.

The Smith government late last year passed a new law, Bill 6, or the Public Health Amendment Act, that holds politicians accountable in times of a health crisis by putting sole decision-making on them for health matters instead of unelected medical officers. 

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COVID-19

Pfizer reportedly withheld presence of cancer-linked DNA in COVID jabs from FDA, Health Canada

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From LifeSiteNews

By Clare Marie Merkowsky

According to information released by the Epoch Times, Pfizer purposefully failed to advise drug regulators, including Health Canada, the U.S. FDA and the European Medicines Agency, that the cancer-linked SV40 DNA enhancer was present in their experimental COVID shot.

Pharmaceutical giant Pfizer reportedly “chose not to” inform Health Canada, the U.S. Food and Drug Administration and other regulatory agencies that the cancer-linked Polyomavirus Simian Virus 40 (SV40) DNA sequence was in their widely distributed COVID-19 vaccine.  

According to information released April 23 by the Epoch Times, Pfizer purposefully failed to advise drug regulators, including Health Canada, the U.S. Food and Drugs Administration, and the European Medicines Agency, that SV40 was present in their experimental COVID shot.   

“I understand that there have been internal discussions at CBER [Center for Biologics Evaluation and Research] regarding the presents [sic] of an SV40 enhancer/promoter sequence, noting that its presence is unrelated to the purpose of the Pfizer’s plasmid as a transcription template for their mRNA COVID-19 vaccine,” Dr. Dean Smith, a senior scientific evaluator in Health Canada’s Vaccine Quality Division, wrote in an email to a colleague at the FDA about SV40. 

The August email was obtained by an access to information request by the Epoch Times.  

“Pfizer has communicated to us recently, that they apparently chose not to mention this information to EMA, FDA or HC at the time of their initial or subsequent submissions,” he added. 

Smith noted that Kevin McKernan, a microbiologist and former researcher and team leader for the MIT Human Genome project, and Dr. Phillip J. Buckhaults, who is a professor of cancer genomics as well as the director of the Cancer Genetics Lab at the University of South Carolina, had raised in a public manner earlier this year how SV40 was present in the jabs. 

While Health Canada originally told Canadians it was unaware of the SV40 enhancer’s presence, the agency has since confirmed the presence of the monkey-linked DNA sequence known to cause cancer when it was used in old polio vaccines. 

SV40 is used to enhance gene transcription when the shots are made. It has been linked to the spread of turbo cancers in those who have been exposed to the virus via contaminated injections.   

According to a 2002 study published in the Lancet, there is evidence that links the older polio vaccines, which were filed with SV40 contaminants, to certain forms of cancer.  

The authors of the 2002 study claim that the SV40-contaminated polio vaccine may have caused up to half of the 55,000 cases of non-Hodgkin’s lymphoma diagnosed each year.  

SV40, according to the late vaccine developer Dr. Maurice Hilleman, was put in the polio vaccine and then put into wide circulation by Big Pharma company Merck inadvertently. 

Unfortunately, this is not the first evidence that Pfizer hid the presence of SV40 from drug regulators.  

According to Dr. Janci Lindsay, who works as the director of toxicology and molecular biology for Toxicology Support Services, Pfizer did not disclose the presence of SV40 “promoters” to both Health Canada and the U.S. Food and Drug Administration, as well as the European Medicines Agency.  

She said, as reported in The Epoch Times, that the drug company “hid them.” 

“So it’s not just the fact that they’re there, it’s the fact that they were purposefully hidden from the regulators,” she noted. 

The news of Pfizer’s purposeful withholding of information comes as adverse effects from the first round of COVID shots have resulted in a growing number of Canadians who have filed for financial compensation over alleged injuries from the jabs, via Canada’s Vaccine Injury Program (VISP). 

Thus far, some VISP has already paid over $6 million to those injured by COVID injections, with some 2,000 claims remaining to be settled. 

Additionally, a recent study done by researchers with Canada-based Correlation Research in the Public Interest showed that 17 countries have found a “definite causal link” between peaks in all-cause mortality and the fast rollouts of the COVID shots as well as boosters. 

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