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Supreme Court declines to hear Covid vaccine travel mandate cases

Published

3 weeks ago

5 minute read

From the Justice Centre for Constitutional Freedoms

At the time the federal government rescinded the vaccine travel mandate, the Minister of Transport had threatened to bring back the mandate without hesitation.

The Justice Centre for Constitutional Freedoms is disappointed to announce that the Supreme Court of Canada has declined to hear the appeals in two cases that challenged the federal Covid vaccine travel mandate. The cases are Peckford et al. v. Canada and Hon. Maxime Bernier v. Canada.

The Justice Centre supported Applicants in both cases. The Applications for Leave to Appeal to the Supreme Court of Canada were filed separately.

The Hon. Brian Peckford, former Premier of Newfoundland and Labrador, was an applicant in one case, along with five others. Mr. Peckford is the last living signer of the Canadian Charter of Rights and Freedoms. The other case was brought by the Hon. Maxime Bernier, the leader of the People’s Party of Canada.

In both cases, the Federal Court held the issues were moot because the vaccine travel mandate had been rescinded after the cases had been filed and cross-examination had occurred, but prior to the court hearings. Dismissing a case as moot means that the court has found that its decision will not have a practical effect and that it is not worth the time and effort to decide the case otherwise.

In regard to the Covid vaccine travel mandate, however, at the time the federal government rescinded the vaccine travel mandate, the Minister of Transport had threatened to bring back the mandate without hesitation.

The Applicants argued that the doctrine of mootness ought to be reconsidered by the Supreme Court because emergency orders by their nature are evasive of review, resulting in no oversight by courts or elected legislators.

Hearing these cases would have allowed the Supreme Court to determine whether it is appropriate to allow governments to evade judicial scrutiny of their decisions made through emergency orders. Unlike legislation passed by Parliament, emergency orders are made through Cabinet orders and are protected by Cabinet privilege, meaning Canadians cannot learn the reasoning behind the decisions.

Lawyer Allison Pejovic says, “This case was of paramount importance to all Canadians, and they have been denied the right to know whether the federal government acted lawfully in preventing them from travelling and leaving the country based on their refusal to take a novel medication that failed to prevent transmission of Covid, and that has caused death and serious harm to many people worldwide. Deeming cases challenging draconian emergency orders that harmed millions of Canadians moot damages confidence in the justice system and undermines the rule of law.”

Background

On August 13, 2021, the federal government announced its intention of implementing a vaccine requirement for travelling on planes, trains or ships. The government, led by Prime Minister Justine Trudeau, did this two days before announcing a federal election, essentially making it an election promise. After winning a minority in Parliament, the Minister of Transport implemented the mandate on November 30, 2021.

Both the Peckford and Bernier cases asked the Federal Court to strike down the mandate as a breach of Charter sections 2, 6, 7, 8 and 15. The most significant breach was to Charter section 6, mobility rights. All applicants were essentially barred from travelling across Canada in any practical manner and could not leave the country. In Mr. Bernier’s case, this meant he was essentially barred from campaigning.

Of note, on cross examination a government bureaucrat admitted she did not receive any medical advice to implement such a mandate. It was done solely on the direction from the Minister of Transport and the federal Cabinet.

Just a few days after cross examinations concluded, the government ended the mandate on June 20, 2022. Both cases were dismissed by the Federal Court as moot in October 2022. The subsequent Appeals were dismissed by the Federal Court of Appeal.

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COVID-19

US medical center refusing COVID shots for employees but still promoting to public

Published on September 17, 2024

By

Exert from Medical Musings by Dr. Pierre Kory

Major Covid mRNA policy reversals and awakenings occurred this week within a major U.S health system, a large U.S state, a South American country, and in the UK. The dominoes are starting to fall.

This week a nurse reached out with disturbing descriptions of some major changes she has witnessed inside the Ohio State University Medical Center (OSUMC) system.

OSUMC s a large and comprehensive healthcare organization, with a significant presence in Ohio and a strong focus on research, education, and patient care. It is a massive institution with over 23,000 employees, including:

  • Over 2,000 physicians
  • More than 1,000 residents and fellows
  • Nearly 5,000 nurses

Lets start off with this screenshot of a webpage from OSUMC’s website which provides information to the public as to where they can get Covid-19 vaccines. Check out the highlighted sentence at the bottom of the page:

Wait, what? Ohio State is suddenly no longer offering the Covid-19 vaccine to any of their employees but they are happily offering to inject them into the public? How can such a policy be justified? Why was this change in policy done and why was it done so quietly?

Let’s get this straight. Ohio State’s leadership is now making an institutional decision that employees should not be offerred access to any Covid-19 mRNA vaccine. I am (pretending to be) confused. I mean, if the vaccines could protect patients from being infected by staff members and they were safe to give to staff members, why wouldn’t you do everything possible (like a mandate) to ensure they receive them?

The only possible reason for the action above is that either OSUMC leadership recently discovered that the vaccines: a) do not work or b) are not safe. I think you would agree that, of the two possible answers, the only one that makes sense to explain this abrupt change in policy is B) they are not safe. I say this because if they were safe but instead just didn’t really work very well, Ohio State would not have the incentive to divorce themselves so abruptly and strongly from the recommendations of our benevolent federal government. I believe such an action would pretty quickly and negatively impact federal research funding by the NIH. It is my belief that agency’s money kept the nations 126 major academic medical centers in line throughout Covid, as those CEO’s and Deans are well aware that NIH retaliation in terms of rejecting grant funding if they “dissent” is real and happens (inflated reimbursements from the gov’t was another one of course).

I asked the brave browser AI, “why is Ohio State Medical Center no longer offering Covid-19 vaccines to its employees?” Two sentences jumped out:

  • “Based on the provided search results, it appears that Ohio State Medical Center did offer COVID-19 vaccines to its employees at one point.”
  • “Without further information or clarification from Ohio State Medical Center, it’s difficult to provide a definitive answer on why they may not be offering COVID-19 vaccines to their employees.”

So it must be the case that Ohio State leadership somehow found themselves a stronger financial disincentive to subjecting employees to Covid-19 vaccine injection. Where would such a disincentive come from? Answer: lawsuits. I also suspect that fear of worsening staff shortages from disability and/or death further disrupting operations played a role as well (as you will learn below).

This new policy action (taken very quietly) is absolutely dam breaking to me in terms of progress towards the truth about the mRNA platform getting out to the public. It is also appears ethically reprehensible, i.e. the institution made the decision to keep jabbing the public with a toxic and lethal vaccine while becoming aware that same vaccine is either exposing them to unmanageable legal risks and/or is disrupting their operations by negatively impacting the health of their workforce. Welcome to dystopia.

To see the rest of this article click here.

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COVID-19

Trial for Freedom Convoy leaders ends, verdict may take 6 months

Published on September 16, 2024

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From LifeSiteNews

By Anthony Murdoch

In her concluding statements last Friday in an Ottawa courthouse, presiding judge Heather Perkins-McVey said that she does ‘not know’ when a decision will be rendered in the Freedom Convoy leaders’ trial.

The trial for Freedom Convoy leaders Tamara Lich and Chris Barber, which was supposed to have been only 16 days long, has now concluded after over a year, with the presiding judge observing that determining a verdict, which could take up to six months, will be “daunting” task.  

In her concluding statements last Friday in an Ottawa courthouse, presiding judge Heather Perkins-McVey said that she does “not know” when she will “be in a position to give my decision,” adding that coming up with a verdict will be “a little daunting.” 

The judge has promised that on November 26, she will be providing an update as to when a decision could be forthcoming.  

The trial has been ongoing for over one year and began on September 3, 2023. As reported by LifeSiteNews, both Lich and Barber face a possible 10-year prison sentence for their role in the 2022 Freedom Convoy.

In an X post on Friday, Lich shared her thoughts on the trial finally wrapping up.  

“Well, that’s a wrap to the Longest Mischief Trial of All Time,” she wrote. 

“The Crown really disappointed me today. His remarks about the Event That Shall Not Be Named (Freedom Convoy) being nothing more than a weekend party are indicative of a level of smugness and elitism that I can never and will never understand,” added Lich.

Both Lich and Barber had attended the hearings in person, travelling from their homes in Alberta and Saskatchewan respectively. Last Friday, however, they attended via video.

The Crown prosecution has held steadfast to the notion that Lich and Barber somehow influenced the protesters’ actions through their words as part of a co-conspiracy. This claim has been rejected by the defense as weak. 

It has also been asserted “that the absence of violence or peaceful nature of the protest didn’t make it lawful, emphasizing that the onus was on the Crown to prove the protest’s unlawfulness.” 

The reality is that Lich and Barber collaborated with police on many occasions so that the protest remained law abiding.  

The Democracy Fund, which is crowdfunding Lich’s legal costs, noted in one of its last legal updates of the trial that it expected the Crown would try to prove the leaders were “co-conspirators,” meaning that accusations placed against one leader automatically apply to the other.

As reported by LifeSiteNews at the time, despite the non-violent nature of the protest and the charges, Lich was jailed for  weeks before she was granted bail. 

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