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WHO health treaty a convenient cover for more government overreach: Bruce Pardy

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From the MacDonald Laurier Institute

By Bruce Pardy

The updated regulations will transform the WHO from an advisory body to the directing mind and will of global health.

Last September, the CBC ran a hit piece on Conservative MP Leslyn Lewis after she warned that a new international pandemic treaty could undermine Canadian sovereignty over public health.

Catherine Cullen, the CBC journalist, quoted three academics to debunk Lewis’ claims. It’s nonsense, said Stephen Hoffman of York University. “So far from the truth that it’s actually hard to know where to begin,” said Kelley Lee of Simon Fraser University. It’s fearmongering, said Timothy Caulfield of the University of Alberta, as no treaty can suspend the Canadian Constitution. That last part is correct, but Lewis is right to be concerned. Under the guise of international cooperation, governments are devising a cover to enact even tougher public health restrictions next time a crisis is declared.

The World Health Organization (WHO) is drafting a new pandemic agreement and amendments to the International Health Regulations, which since 2005 have set out countries’ obligations for managing the international spread of disease. Member countries of the World Health Assembly are expected to approve both in May. The agreement would establish governing principles for an international pandemic management regime, and the updated regulations will transform the WHO from an advisory body to the directing mind and will of global health.

Technocrats learned a lot from COVID. Not how to avoid policy mistakes, but how to exercise control. Public authorities discovered that they could tell people what to do. They locked people down, closed their businesses, made them wear masks and herded them to vaccination clinics. In Canada and elsewhere, people endured the most extreme restrictions on civil liberties in peacetime history. If the new proposals are anything to go by, next time may be worse.

Under the new health regulations, the WHO will have the authority to declare public health emergencies. Countries will “undertake to follow WHO’s recommendations.” WHO measures “shall be initiated and completed without delay by all State Parties … (who) shall also take measures to ensure Non-State Actors operating in their respective territories comply with such measures.”

In other words, governments will promise to do as the WHO directs. They will make private citizens and domestic businesses comply too. Lockdowns, quarantine, vaccines, surveillance, travel restrictions and more will be on the table. Under the draft agreement, countries would commit to censoring “false, misleading, misinformation or disinformation.” During COVID, despite governments’ best efforts, dissidents managed to seed doubts about the mainstream pandemic narrative. In the future, things may be different.

WHO officials and proponents of the proposals won’t admit to any of this out loud, of course, and you won’t hear much about these plans in the mainstream press. But the draft proposals, at least the ones released, say so in black and white.

Many national governments will be on board with the plan. That may seem counterintuitive since it appears to diminish their control, but more valuable to them is the cover that WHO directives will provide for their own heavy hands. Officials will be able to justify restrictions by citing international obligations. Binding WHO recommendations leave them no choice, they will say. “The WHO has called for lockdowns, so we must order you to stay in your home. Sorry, but it’s not our call.”

That sounds like a loss of sovereignty, but it is not. Sovereign states have exclusive jurisdiction in their own territory. WHO directives would not be directly enforceable in Canadian courts. But national governments can agree to follow the authority of international organizations. They can craft domestic laws accordingly. That too is an exercise of sovereignty. They can undertake to tie their own hands.

Provinces might decide to go along also. Provinces have jurisdiction over many orders that the WHO might recommend. Lockdowns, vaccine mandates, quarantine orders and other public health restrictions are primarily provincial matters. The feds control air travel, international borders, the military, drug approvals and the federal workforce. The federal government’s power to make treaties cannot oust provincial legislative jurisdiction, but WHO cover for restrictive measures would appeal to provinces as well.

The WHO cannot suspend the Constitution. International norms, however, can influence how courts read constitutional provisions, and the meaning of the Constitution is fluid, as our Supreme Court is fond of insisting. If norms change, so might the court’s interpretation of the Charter of Rights and Freedoms. The WHO’s proposals can’t define Canadian constitutional rights, but they aren’t irrelevant either.

Proponents would deny that the WHO is seizing control or undermining democracy. Technically they are correct. National governments must approve the new international pandemic plan. Without their agreement, the WHO has no power to impose its dictates. And not all countries may be keen on all the details. The WHO proposals call for massive financial and technical transfers to developing countries. But climate change pacts do too, and these were embraced by rich countries, unable to resist the virtue signaling and validation of their own climate boondoggles.

States that sign on to the WHO proposals retain the sovereignty to change their minds, but leaving international regimes can be hellishly difficult. When the United Kingdom belonged to the European Union, it agreed to be subject to EU rules on all manner of things. It remained a sovereign country and could decide to get out from under the EU’s thumb. Brexit threatened to tear the country apart. Having the legal authority to withdraw does not mean that a country is politically able to do so. Or that its elites are willing, even if that’s what its people want.

The WHO proposals prescribe authority without accountability, but they do not eliminate sovereignty. Instead, national governments are in on the game. When your own government aims to manage you, national sovereignty is no protection anyway.

Bruce Pardy is executive director of Rights Probe, professor of law at Queen’s University and senior fellow at the Macdonald-Laurier Institute.

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Canadian veteran challenges conviction for guarding War Memorial during Freedom Convoy

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From LifeSiteNews

By Clare Marie Merkowsky

When the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.

A Canadian veteran appealed to the Ontario courts after he was convicted for organizing a guard around the National War Memorial during the Freedom Convoy.

In an October press release, the Justice Centre for Constitutional Freedoms (JCCF) announced that an appeal has been filed in the Ontario Court of Appeals on behalf of Master Warrant Officer (Ret’d) Jeffrey Evely over his conviction for mischief and obstructing police while on his way to guard the Ottawa War Memorial during the 2022 Freedom Convoy.

“By locking down large sections of downtown Ottawa, the police were effectively preventing all civilians from accessing public areas and greatly exceeded their powers under the common law,” constitutional lawyer Chris Fleury explained.

“This case raises issues that have implications for protests across the province and the country. We are hopeful that the Ontario Court of Appeal will agree and grant leave to appeal,” he added.

The appeal argues that police overstepped their authority in their response to the 2022 protest of COVID mandates. Police actions at the time included locking down the Ottawa core, establishing checkpoints, and arresting protesters.

In September 2024, Everly was convicted of mischief and obstruction after his involvement in the 2022 Freedom Convoy, which protested COVID mandates by gathering Canadians in front of Parliament in Ottawa.

As LifeSiteNews previously reported, when the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.

However, under former Prime Minister Justin Trudeau’s use of the Emergencies Act, many parts of downtown Ottawa were blocked to the public, and a vigilant police force roamed the streets.

It was during this time that Evely was arrested for entering a closed off section of downtown Ottawa during the early hours of February 19, 2022. He had been on his way to take the 4:25 a.m. shift protecting the Ottawa War Memorial.

He was forcibly pushed to the ground, landing face first. The veteran was then arrested and charged with mischief and obstructing police.

At the time, the use of the EA was justified by claims that the protest was “violent,” a claim that has still gone unsubstantiated.

In fact, videos of the protest against COVID regulations and shot mandates show Canadians from across the country gathering outside Parliament engaged in dancing, street hockey, and other family-friendly activities.

Indeed, the only acts of violence caught on video were carried out against the protesters after the Trudeau government directed police to end the protest. One such video showed an elderly women being trampled by a police horse.

While the officers’ actions were originally sanctioned under the EA, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the EA, forcing Crown prosecutors to adopt a different strategy.

Now, Crown prosecutors allege that the common law granted police the authority to stop and detain Evely, regardless of the EA.

However, Evely and his lawyers have challenged this argument under section 9 of the Canadian Charter of Rights and Freedoms, insisting that his “arrest and detention were arbitrary.”

Earlier this month, Freedom Convoy organizers Tamara Lich and Chris Barber were sentenced to 18-month house arrest after a harrowing 25-month trial process. Many have condemned the sentence, warning it amounts to “political persecution” of those who stand up to the Liberal government.

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Freedom Convoy leader Tamara Lich says ‘I am not to leave the house’ while serving sentence

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From LifeSiteNews

By Anthony Murdoch

‘I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge’

Freedom Convoy leader Tamara Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandkids from school without permission from the state.

Lich wrote in a X post on Wednesday that this past Tuesday was her first meeting with her probation officer, whom she described as “fair and efficient,” adding that she was handed the conditions set out by the judge.

I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge under a variation application, so we’ll just leave everything as is for now,” she wrote.

Lich noted that she has another interview with her probation officer next week to “assess the level of risk I pose to re-offend.”

“It sounds like it’ll basically be a questionnaire to assess my mental state and any dangers I may pose to society,” she said.

While it is common for those on house arrest to have to ask for permission to leave their house, sometimes arrangements can be made otherwise.

On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year convicted of “mischief.”

Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.

As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years for their roles in the 2022 protests against COVID mandates.

Lich said that her probation officer “informed me of the consequences should I breach these conditions, and I am not to leave the house, even for the approved ‘necessities of life’ without contacting her to let her know where I’ll be and for how long,” she wrote.

“She will then provide a letter stating I have been granted permission to be out in society. I’m to have my papers on my person at all times and ready to produce should I be pulled over or seen by law enforcement out and about.”

Lich said that the probation officer did print a letter “before I left, so I could stop at the optometrist and dentist offices on my way home.”

She said that her official release date is January 21, 2027, which she said amounts to “1,799 days after my initial arrest.”

As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.

LifeSiteNews reported that Conservative Party leader Pierre Poilievre offered his thoughts on the sentencing, wishing them a “peaceful” life while stopping short of blasting the sentence as his fellow MPs did.

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 never-before-used Emergencies Act (EA) on February 14, 2022.

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