CHD Canada Call To Action: We Have a Legal Emergency in Canada
URGENT CHD Canada CALL TO ACTION
We have a Legal Emergency in Canada
Please join us in this very important action to voice your concerns and contact your MPP.
you have 3 options:
- you can email and let your MPP know you are extremely concerned about the rule of law being undermined in Canada and the effect that will have on democracy.
- You can send a letter via Canada post, it is free to send mail to your elected officials so no stamp is necessary. (Please see a sample letter below)
- You can schedule an appointment with your MPP and let them know, in person, your concerns and what you want them to do as they are YOUR VOICE in the legislature. Many people prefer to do this in small groups.
Please find a list of Ontario MPP contact info here: https://www.ola.org/en/members/current/contact-information
SAMPLE LETTER – TO USE PORTIONS OR ALL:
Dear MPP,
I am writing to bring your attention to an extremely urgent matter regarding democracy and governance that impacts all Ontarians, and to request that you, as my Member of Provincial Parliament, make this issue a priority to discuss and debate in the legislature. That issue is the disintegration of our democracy through the erosion of the rule of law in the Ontario court system for the past three years.
DEMOCRACY DEPENDS ON CHECKS AND BALANCE OF GOVERNMENT ACTION
Our system of government requires that three branches: the legislative, the executive and the judicial – exercise separate powers and responsibilities that are defined in the Constitution: the legislative branch passes laws, the executive implements them, and the judicial interprets whether the legislative and executive have acted lawfully to ensure there is no abuse of power. Without the separation and independence of the Courts from the executive, the citizens do not have any means to check the factual accuracy and legal validity of the exercise of power and our democracy can disintegrate into a dictatorship dressed as a “democracy” overnight.
CRUCIAL ROLE OF COURTS IN MAINTAINING DEMOCRACY
The Courts provide the necessary balance to ensure government officials are making decisions free of conflicts of interests, or errors, and are confined to their authority. For example, the power exercised by provincial Public Health Officials and provincial Regulatory bodies must be checked by the Courts through a rigorous examination of the evidence and legal authority on which their decisions are based. BUT THIS IS NOT HAPPENING in the era of COVID.
COURTS HAVE LOST INDEPENDACE & IMPARTIALITY ON COVID ISSUES
Since the declaration of the COVID 19 pandemic the Courts have not decided cases based on evidence and law, but without evidence and by ignoring binding law, including our Constitution. The overwhelming majority of decisions related to everything that has to do with the “COVID pandemic” rubberstamps Government power without evidentiary scrutiny. In fact, the Courts themselves have entered into the political fray and unquestioningly and overtly endorsed government action. The strongest evidence of our Courts having lost independence and impartiality on COVID issues is the fact that Courts across the country declared their “position” on the Emergency authorized (and not approved) COVID19 vaccines, including the Supreme Court of Canada. [1] It is completely unethical and inappropriate for Courts to publicly state its opinion in public statements. This undermines public confidence in Court impartiality and the appearance of impartiality.
DEVASTATING IMPACT OF LOSS OF JUDICIAL INDEPENDANCE
The conduct of the Court administration and the Courts biased decision-making has allowed the executive to act without accountability and has resulted in massive harm to Canadians because it has undermined the search for truth and the rule of law. You may think that the Courts are doing a good job and there is no need to “interfere” but if you read recent Court decisions regarding COVID19 challenges to government conduct and policy then it is clear the Courts have become “results oriented” in deciding cases, not based on law and evidence, but on the judges’ desire to force blind compliance with provincial and federal Public Health edicts. This sets a dangerous precedent because these cases then can be applied to non-COVID cases. It is distorting the rule of law in our country.
COURTS DECIDING CASES WITHOUT EVIDENCE AND CONTRARY TO CASELAW
In cases challenging Public Health “mandates” on COVID19 the Courts have made orders impacting the lives of Ontario families and children, without evidence, and, in many cases even a refusal to hear evidence from doctors and scientists because it is either not the same as, or from the government, under the pretext that it was obtained from the internet. With respect, in present times everyone obtains everything from the internet. This is just an excuse to discard evidence that puts the lie to government information.
The Courts have also rubber stamped the power of the executive by taking “judicial notice” of facts that are controversial and hotly disputed when it should not, and by applying “judicial deference” to executive action when it should not.[2] Both doctrines are rarely used in our legal system, but they are now routinely and liberally inappropriately applied as justification for biased decisions to rubber stamp Public Health and Health Canada powers at all costs.
EXAMPLES OF LOSS OF JUDICIAL INDEPENDANCE
In family law cases, judicial notice is being used to continue to support the government’s false statements such as: “COVID 19 vaccines prevent infection and transmission of the virus causing COVID”, when this is now generally proven wrong. An Ontario Judge who provided a well referenced family law decision, looking at evidence from both sides, but that did not follow the government “status quo” and instead accurately referenced historical government abuse of power, was overturned by appellant court judges.[3] Ironically all three of the judges were appointed by Trudeau’s Minister, and one, the Chief Justice, personally by Trudeau. This raises legitimate questions about bias in decision making. Why are Liberal appointed judges being cherry picked to decide cases involving challenge to this current government? Why are judges’ cherry picking from this government’s evidence only?
One other judge ruled that the Court could not decide whether the COVID19 vaccine was safe and effective to give to children without evidence. Yet both courageous judges who did their job with integrity and honesty were attacked by their judicial colleagues and the press for making decisions that do not conform to government dictates.[4] The fact that we do not have a free press anymore in Canada is also destroying democracy in Canada.[5] I implore you to also investigate the inappropriate media contempt of Court.
In all cases involving the medical regulators (College of Physicians and Surgeons of Ontario) the Courts have refused to hear the plea of doctors, scientists and academics who are censored by their colleges, denied freedom of expression and face punitive consequences for providing informed consent to patients and/or information to the public raising important points and questions about accuracy of government policy.[6]
Medical Regulators are not only violating the rights of Ontario doctors, but are illegally trying to violate the rights of Ontario citizens now. For example, the College of Physicians and Surgeons of Ontario has forced doctors to release medical records of all their patients without their consent and in the absence of a patient or physical complaint against the doctors. When the doctor refuses on the basis that the patients have instructed them not to breach their privacy, the Regulator suspends the doctors. The CPSO has no right to invade the privacy of citizens under false pretext. This is an abuse of their power and has NEVER occurred in the history of Canada.
A CASE OF NATIONAL IMPORTANCE RE: PRIVACY OF ONTARIANS
Ontario Patients have filed a legal objection to the regulators breach of privacy, but recently an Ontario court ruled that citizens cannot even go to court to object to the release of their own private medical records, without their consent and they have no choice or rights in this matter without even hearing from them. More information is here: https://privacyisyourright.ca
The Courts are ignoring expert evidence on issues of health information and personal privacy as well as informed consent from esteemed experts such as the longest serving and most respected Privacy Commissioner in Ontario, Dr. Ann Cavoukian. The Court has denied access to Ontarians to review the unprecedented breach of privacy.
As a citizen I am very concerned that the Court refused to even hear from the patients before deciding that their medical privacy is not their right and the executive has unlimited power – even when the executive (regulator) acts unlawfully and unconstitutionally!!!
REQUEST
In the COVID context, the rule of law is being undermined through resulted oriented decision making and use of “judicial notice” and “judicial deference”.
As a citizen I am pleading with you to raise questions regarding the lack of independence and impartiality in the judiciary. Democracy in Canada is completely dependent on checks and balances the Courts are supposed to provide. How else can Canadians challenge the legislative and executive overreach and abuse of power?
I am a constituent in your riding, I implore you to please take action to ensure that the legislators are aware of how democracy is being undermined through the erosion of the rule of law, especially regarding legally protected rights of its citizens such as privacy rights, informed consent rights and the rights and freedoms under the Charter of Rights and freedoms by the executive.
Sincerely,
A very concerned constituent.
References:
[1]Chief Justice Marc Noël, who leads the Federal Court of Appeal, told The Lawyer’s Daily he does not consider it ethically appropriate… for him or his court to disclose publicly “whether it has any personal views or institutional policies on this issue, one way or the other” given that the matter of vaccine mandates is likely to come before his court for adjudication and the court’s paramount obligation is to maintain its impartiality.
[2] https://childrenshealthdefense.ca/news/covid19-vaccines-for-children-and-canadian-family-court/
[3] https://childrenshealthdefense.ca/news/are-the-canadian-courts-in-bed-with-the-government/
[4] https://www.thestar.com/news/gta/2023/02/06/ontario-judge-was-wrong-to-rely-on-anti-vaccine-misinformation-court-of-appeal.html
[5] https://www.westernstandard.news/features/how-trudeau-bought-the-media/article_58fdf7e6-39b9-5e78-a174-4a132b58a767.html
[6] The Courts have absurdly held that it is “premature” to challenge the regulators authority until it concludes everything when the doctors challenge is to the regulators authority to act in the first place to prevent illegal conduct!
