Throughout this pandemic I have been very critical of Canadian Judiciary.  Normally in Canada it is politics not facts or law that determine court outcomes.  Today I am happy to say that I am not always correct.  I need to give credit where credit is due.  This Canadian judge waded in to a political mine field and still managed to resist COVID hysteria to uphold the law.  He found no reason to overrule a custodial parent’s right to make medical decisions for their child.  Hats off to THE HONOURABLE MR. JUSTICE A. PAZARATZ.

 

https://www.canlii.org/en/on/onsc/doc/2022/2022onsc1198/2022onsc1198.html

 

This was a dispute between a divorced couples about vaccinating their children.  The mother has custody and decided not to vaccinate the children.  The father is a dedicated Branch COVIDian who insisted the children should be jabbed as many times as Theresa Tam wants.

The Parents both presented their cases.  The judge found the mothers arguments more compelling because she presented evidence while the father just insisted that all of the mother’s arguments had been debunked.  This was the judge’s impressions of the materials each side presented in support of their argument.

 

I find that the mother’s position is more reasonable and helpful in that she invites discussion and exploration of both sides of the story, while the father seeks to suppress it.

Pro-vaccine parents have consistently (and effectively) attempted to frame the issue as a contest between reputable government experts versus a lunatic fringe consisting of conspiracy theorists, and socially reprehensible extremists. This was absolutely the wrong case to attempt that strategy. The professional materials filed by the mother were actually more informative and more thought-provoking than the somewhat repetitive and narrow government materials filed by the father.

 

And this is what he had to say about the Father’s assertion that all of the mother’s arguments have already been debunked.

 

Quite to the contrary, I have not been able to find any indication – in the father’s evidence or in the body of COVID vaccine case law – that allegedly debunked theories have ever been properly considered or tested.  In any court.  Anywhere.

 

Not only could the judge not find that the mothers opinions had been debunked, he thought it would be a great idea if scientists were allowed to debate.

 

The father insists the mother’s views have been debunked, but he provides no example of any such determination actually having been made.  It would be helpful if, once and for all, the competing positions and science could be properly explored and tested in a public trial.

 

Listed below are the materials each side presented to support their case

 

The Father’s Submissions

1. A November 23, 2021 seven page “Position Statement” from the Canadian Paediatric Society.
2. A January 2022 five page “Caring for Kids” information sheet from the Canadian Paediatric Society.
3. A December 17, 2021 nine-page “Vaccines for Children: COVID 19” information sheet from the Government of Canada.
4. A September 24, 2021 five-page “Post COVID-19 Condition” information sheet from the Government of Canada.
5. A May 18, 2021 seven-page “Vaccines for children: Deciding to Vaccinate” information sheet from the Government of Canada.
6.   A May 6, 2021 three-page “The Facts About COVID-19 Vaccines” information sheet from the Government of Canada.
7. A January 20, 2022 four-page article entitled “Vaccinated kids half as likely to get Omicron but protection fades fast” from The Times of Israel.
8. A January 14, 2022 five page article entitled “COVID-19 Cases and Hospitalizations Surge Among Children” from the Canada Communicable Disease Report.

 

The Mother’s Submissions

1. A June 25, 2021 eight-page “Fact Sheet” issued by Pfizer, the manufacturer of one of the vaccines being proposed by the father.
2. An August 26, 2021 three-page article from the journal “Science” entitled “Having SARRS-CoV-2 once confers much greater immunity than a vaccine – but vaccination remains vital.”
3. A January 31, 2012 13-page PLOS One peer-reviewed article entitled “Immunization with SARS Coronavirus Vaccines Leads to Pulmonary Immunopathology on Challenge with the SARS virus.”
4. A July 10, 2021 five-page article in the medical journal “Total Health” entitled “Are people getting full facts on COVID vaccine risks?”
5. A September 26, 2018 15 page article in the medical journal “Contagion Live” entitled “High Rates of Adverse Events Linked with 2009 H1N1 Pandemic vaccine”.
6.   A May 28, 2021 two-page article from the Centers for Disease Control and Prevention (CDC) entitled “Clinical Considerations: Myocarditis and Pericarditis after Receipt of mRNA COVID-19 Vaccines Among Adolescents and Young Adults.”
7. An August 1, 2020 29 page research paper published by eClinicalMedicine entitled “A country level analysis measuring the impact of government actions, country preparedness and socioeconomic factors on COVID -19 mortality and related health outcomes.”
8. A June 9, 2021 10 page open letter from The Evidence-Based Medicine Consultancy Ltd. research organization entitled “Urgent Preliminary report of Yellow Card data up to May 26, 2021”.
9.    A June 22, 2021 14 page article from the World Health Organization entitled “COVID-19 advise for the public: Get vaccinated”.

 

The father’s arguments relied on material from the government, government funded organizations, and the media.  The mother’s arguments relied on scientific papers and Pfizer’s own vaccine adverse event warnings.

This trial perfectly illustrates the split in Canadian society.  Most Canadians fervently believe in the sanctity of government and have no patience for Canadians who insist on thinking for themselves.  The father present Government opinion while insisting the science was unreliable.  He did not present any contrary scientific evidence.  He just knew the science could not be correct because it did not support the government position.

Months ago I described this very thing in my own family.  I have a family member who is also a devoted Branch COVIDian.  I tried to convince him that COVID was nothing more than a bad flu and that the government’s draconian actions were not justified.  To support my argument I showed him that the all-cause mortality in the spring of 2020 was identical to the mortality during the 2017/18 flu season.  Nothing out of the ordinary was happening.  All we had was a single bad flu season; something that in the past never caused a panic or the suspension of our rights.  He got upset with me and refused to look at the data.  He insisted that the only relevant data was the official government COVID death number showing COVID was deadlier than influenzas.

My argument fell on deaf ears.  COVID was a great plague that somehow did not produce any more deaths than a bad flu season.  Even when I pointed out that I was using government data to draw my conclusions he was unmoved.  My conclusions were invalid because I was using government data to refute a government argument and that cannot be allowed.  Incredibly, this is a man with a hard science degree from a major Canadian University.

Canada is doomed not because Justin Trudeau is our Prime Minister.  Canada is doomed because the majority of Canadians will not question government.  Not even a government run by a confessed communist sympathizer whose only accomplishment in life is impregnating an underage Student.

Justin Trudeau invoked the emergencies act, used it to punish his political opponents, and then suddenly dropped the emergency declaration before the senate had a chance to vote.  It was a whirlwind tour of complete tyranny that will leave a permanent stain on our country.  Any Canadian actually paying attention is left asking these questions.

1. How did this clearly illegal use of the emergencies act pass parliament in the first place?
2. Why did Trudeau suddenly drop the emergency declaration just when he was on the cusp of achieving his goal of a Canadian communist dictatorship?

The answer to the first question is personal greed.  In a parliamentary system any government sponsored bill or action is treated as a non-confidence vote.  If Trudeau had lost the vote in the House of Commons the governor general has no choice but to dissolve parliament and call an election.  An election right now would have been disastrous for the Liberals and NDP.

Trudeau is polling at 16%.  He is so unpopular it is tainting all liberals.  No Liberal riding would have been safe.  The same goes for Jagmeet Singh, the leader of the NDP.  Jagmeet lost ½ of his party’s seats in the last election and has stayed in Power by aligning himself with the Trudeau liberals.  The NDP likes to pretend that they care about ordinary blue collar Canadians but they just sat back and watched as the government trampled blue collar Canadians with horses.  A snap election would have devastated the NDP.

The vote passed with a count of 185 to 151.  An illegal emergency declaration was supported by 185 members of parliament because they were worried about their paycheck and political future.  185 liberal and NDP MPs would rather see Canadians abused and imprisoned than risk their paycheck.  These people have no values or moral compass.  Canada is in a crisis today because voters for decades elected people who care only about themselves.  Canadians have voted themselves in to tyranny.

So Trudeau got what he wanted, why then, did he drop the emergency declaration so quickly?  The vote in the house was just the first hurdle.  The senate also had to vote and inevitably there would have been court challenges.  I doubt Trudeau was concerned about the court challenges; the senate vote was his real problem.

You might wonder, why would Trudeau not be concerned about the courts striking down an illegal emergency declaration?  Isn’t it the courts job to protect Canadian’s from the government behaving illegally?  Theoretically courts in Canada are supposed to ensure that anything the government is doing does not violate the constitution or established law.  Practically that never happens.

Courts in Canada have been corrupted by politics.  The Prime Minister appoints Federal and Supreme Court Judges without any vetting process.  The appointments are for life.  19 of the last 29 years Canada has had a Liberal prime minister.  Most of our Judges were appointed by Liberal prime Ministers and are Liberal party insiders.  As a result Canadian courts have a disgraceful track record of ignoring the law in favor of liberal politics.

Trudeau had very little to worry from the courts.  Despite Bold statements from some Premiers like Jason Kenney the court challenges were going nowhere.

https://tnc.news/2022/02/24/trudeau-hammered-over-why-he-invoked-emergencies-act-in-first-place/

Jason Kenney is not serious about a court challenge.  He is just using Trudeau’s illegal and unethical behavior to deflect blame from his own illegal and unethical behavior.  He actually had the gall to say this.

 

“The judiciary has to establish limits on enacting an emergency declaration.”

 

Jason Kenney declared an emergency in March 2020 with only 3 known cases of a respiratory illness during cold and flu season.  At no time in the last 23 months has the province of Alberta had an emergency yet he has extended his own illegal emergency declaration for the entire period.  There is no way Jason Kenney would walk in to court to challenge Trudeau’s illegal declaration.  Trudeau’s lawyers would just throw his own criminal activity back in his face.  Even if Kenney was stupid enough to go forward there is zero chance the presiding Liberal Party member (AKA the judge) would rule in his favor.

So Trudeau had nothing to fear from the premiers who are just as lawless as he is.  He also had nothing to fear from the courts because the fix is already in.  All he had to fear was the senate and things were not going well in the senate.

 

Justin Trudeau just established a dangerous precedent in Canada.  Any time a Prime Minister is challenged he can declare an emergency, silence his critics, and then drop the emergency before the senate gets to vote.  There will be bluster from the premiers and silence from the courts.  This truly could be the end of rule of law in Canada.

Justin Trudeau is the offspring of a communist dictator who was raised by a communist sympathizer.  His father and step father are watching from Hell and are very happy indeed.

 

 

By the time I reached Ottawa Trudeau had already turned his brown shirts loose on the protesters.  Government enforcers with covered faces, no nametags or identification, some of whom may not have even been Canadian citizens were already trampling and pepper spraying seniors.

Other people in police uniforms had the entire area around parliament fenced off and locked down.

This is Trudeau’s Canada; only the designated elite and their body guard thugs are allowed access to parliament.  Parliament is paid for by the people but it most definitely not for the people.  Inside those fences the elite gathered to vote on the emergency measures act.  An act that was already being used to violate peoples’ rights.

With the support of Jagmeet Singh the vote passed but that does not make it legal.  Here is the language in the act that describes when it can be legally used.

 

3 For the purposes of this Act, a national emergency is an urgent and critical situation of a temporary nature that

• (a) seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or
• (b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada

 

The only lives endangered were the protesters’ lives.  They were as safe as any other Canadian until Justin Trudeau ordered people in police uniforms (not to be confused with actual protect and serve Police officers) to trample protesters with horses.

 

Trudeau is stamping out freedom. One trampled protester at a time.

Remember Ottawa. pic.twitter.com/dkA9GRV2A5

— Ian Miles Cheong (@stillgray) February 19, 2022

There was also no threat to the sovereignty of the country; our governing elite were safely behind the barricades debating how badly they would punish people who did not agree with them.

Not only did the protests not rise to the level of a national emergency as defined by this act, the government’s actions also violated the conditions of the act.  Here is language from the first page of the act.

 

AND WHEREAS the Governor in Council, in taking such special temporary measures, would be subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights, particularly with respect to those fundamental rights that are not to be limited or abridged even in a national emergency;

 

The act is very clear.  It cannot be used to violate the charter rights of Canadians yet everything the people in police uniforms did violated those rights.  This is Trudeau’s Canada.  The emergency measures act was illegally invoked and then illegally applied.  We now live in a country where any time the Prime Minister is angry or embarrassed he can declare an emergency and throw people in prison.

Unfortunately that isn’t even the most shameful part of this whole fiasco.  The most shameful part is that most Canadian’s don’t see a problem with what the Prime Minister has done.  They think allowing the government to destroy people in the name of “public safety” is perfectly OK.  Their attitude will, no doubt, change dramatically the first day the government determines that they are now the problem.  Useful idiots cease to be useful after the dissidents are dealt with.

 

Throughout this period of government tyranny I have been amazed at how many times serendipity has played a role in the information I find and post.  Often after posting I find information that ties in or corroborates the article I have just posted.  Sometimes it friends that send me information other times I stumble across in on my own.  Just minutes ago I posted an article about the history of small pox vaccines.  In the article I discussed the city of Leicester that achieved better results by shifting focus from vaccines to improving sanitation.  Well we have our very own Leicester right here in Alberta.

 

The town of La Crete defeated COVID with a 35% vaccination rate.  They did this by advocating personal responsibility and ignoring all of the insane mandates from Jason Kenney and Deena Hinshaw.  This was a conscious decision from the people and local government to treat COVID for what it really is, a seasonal flu.

No closed businesses or demonization of people over their choices.  Don’t wear a mask or get vaccinated if you don’t want to, no one questioned or ostracized you for that.  There was also not stigmatization of people who wanted masks or vaccines either.  According to Deena Hinshaw if even a single person did this it would lead to the death of every Albertan.  Yet somehow La Crete did this without a single problem.  Apparently freedom is very good for your health and government is not.

Mr. Richards,

It is time for you to do your job.  You must table a non-confidence vote in parliament.  Please do not write to tell me your feckless interim leader, who has already withdrawn her support for the right to peaceful protest, is demanding a plan to return to normal from the Trudeau liberals.  The current restrictions have no grounding in science and clearly violate our charter rights.  Only a moron believes that eliminating charter rights is some sort of magic anti-viral that will end a pandemic.

The restrictions violate the charter of rights therefore they are illegal.  It is a criminal act to engage in illegal activity therefor the Trudeau Liberals are criminals.  By asking for a plan you are asking a criminal to set the conditions under which he will agree to cease his criminal activity.  This is not how you deal with Criminals.  Justin Trudeau must be removed from office and face criminal prosecution.  There is no other acceptable alternative.

I know it is not convenient for the conservatives to go in to an election with a flip flopping interim leader but you are not paid to do what is convenient for your party.  You are paid to represent the interests of your constituents.  It is not in our best interests to have a criminal at the head of our federal government.  That is not in anyone’s best interest.

Also do not obfuscate the issue by wanting to discuss the Coutts blockade.  You will get no argument from me that when the protesters block the highway they are breaking the law.  The protesters should not break the law but it never would have gotten here if it was not for the dereliction of elected officials like you.  You ignored the criminal activity of the federal and provincial governments for 2 years; you can ignore the Coutts protesters for a few more days.

The best and quickest way to end this impasse is to end the criminal activity of all parties involved.  That starts with you finally doing your job and opposing these obviously unscientific and illegal federal mandates.  You should have opposed them from the moment they were imposed but it is not too late to start now.