Juno News - September 30, 2022
Fighting Trudeau’s Mandates
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Summary
Shawn Rickard and Carl Harrison are two British-born entrepreneurs who brought a civil lawsuit against the federal government's vaccine mandate for travel. On June 16th, the Attorney General filed a mootness motion, arguing that the case is now moot and therefore should be dismissed. On Sept. 21st, the Federal Court of Canada under Chief Justice Jocelyn Gagné began hearing submissions for the mootness hearing.
Transcript
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well hello everybody welcome back and I hope you're doing well wherever you are thanks again
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for tuning in and I'm so glad to have you here this past week there was some good news at long
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last the federal government announced that they were going to allow their last remaining pandemic
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restrictions to expire on October 1st essentially arrive can or a ride can't as it's popularly known
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will become optional in addition to this testing and quarantine requirements for those entering
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Canada as well as mask mandates and on planes and trains will no longer be in place so it seems like
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finally we're getting closer to joining the rest of the world in hopefully putting the pandemic
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behind us Canada as you know something that I've been pointing out for months now has been an extreme
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outlier in terms of how long stringent restrictions have been maintained in the face of a retreating
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pandemic today I'm pleased to welcome back Shawn Rickard and Carl Harrison you might recall Shawn
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and Carl are two British born entrepreneurs Canadians who brought a civil lawsuit against
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the federal government's vaccine mandate for travel you might also recall that last month based on the
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cross-examination of key government witnesses by their attorney Sam Pressvelos I broke the story for
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Barry Wise's common sense platform that the government the Trudeau government's vaccine mandate for travel had no
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scientific rationale now after the federal government suspended the vaccine mandates both for travel
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and for the civil service on June 16th the Attorney General filed a mootness motion basically the
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government's position is that now that these mandates have been suspended the lawsuit challenging them is no
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longer relevant it is now moot and therefore should be dismissed on September 21st the Federal Court of
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Canada under Judge Jocelyn Gagné began hearing submissions for press for laws and lawyers representing
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the Attorney General which I attended via Zoom we're still awaiting a decision from the judge on whether she
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thinks the case is moot or not if it's not then the case gets its day in court now here's why I think the
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case deserves its day in court it's not just for Shawn and Carl but for the millions of Canadians whose lives were
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drastically affected by the vaccine mandates and for those of us who cherish our constitutionally
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guaranteed individual rights and liberties the case also has wider implications and significance when
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it comes to things like public scrutiny and accountability now if the federal court were to
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side with the government and basically agreeing that the case is moot because the mandates have now been
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suspended or lifted it would effectively legitimize this practice of restricting our constitutionally
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protected rights and freedoms so long as the restrictions are removed before the courts have a
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chance to hold the government to account as a matter of fact let's not forget that the Trudeau government
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used a version of this tactic already remember the emergencies act in which they invoked to get rid of the
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protesters from the freedom convoy protest this past February well the government withdrew it just before
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it came up for a debate in the Senate now none of this is good for a society that's governed by the rule
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of law so to talk about the mootness hearing and where we go from here please welcome Shawn and Carl to the show
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Shawn and Carl welcome welcome back to my show it's great to have you here so let me begin with
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uh let me let me begin with this question can either of you give me a brief summary um of uh what
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happened uh in court on September 21 with the mootness hearing go ahead Carl thanks Shawn um yes yes we can we
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can um and obviously we we have to be cautious because the you know that we don't have a decision from the
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court in court on this and um so Assistant Chief Justice Gagné is still considering the pleadings that
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were made to her uh last Wednesday um but uh yeah I mean we we had a whole day in court um in front of a
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um uh Judge Gagné um and um all four cases uh challenging the travel mandates uh were represented there
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uh so ourselves um represented by um our lawyer Sam Presvellos and uh the Brian Peckford group represented by Keith
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Wilson and Ava from JCCF and uh and Maxime Bernier was there as well in person with um his uh attorney
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Saint-Bachand and um and then uh Nabil Ben-Noam from uh Quebec who's representing himself and all um
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four parties made representations um and obviously the government um made pleadings as well explaining why
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they thought that the issue was now moot um and obviously all the four cases are strongly opposing that
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um and uh we set out very clearly I think why the issues um are not moot um not least because the
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government continues to make it very clear that they could bring all or some of the measures back at any
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time um and uh we have to wait now and see whether um uh Judge Gagné is um willing to grant the
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government its wishes and set the and dismiss the cases we obviously hope not and if if she decides
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that one or more of the cases should go forward then they'll go forward on the 31st of uh October
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for five days in the same court and then also in front of ACJ Gagné and um we will we'll hopefully
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get the opportunity to present our case in full and that would also give the government a chance
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to explain itself I think to Canadians more widely as to how we arrived at this point so that's I think
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a fair summary where we are we don't know when we'll get a decision from Judge Gagné that it could be
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you know in days or it she she could take a few weeks she's reserved judgment of course it's a
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complicated motion and it has um substantial uh implications um right and we'll yeah we'll we'll
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get to the implications a little later on uh Sean do you want to jump in and uh add anything to what
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Carl said yeah I mean it's um it it's we're kind of um you know hanging here right now waiting for
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this decision and we totally understand why it would take you know it that we've we've we've heard
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rumors it could be anywhere from 10 to 14 days to receive a judgment it may go longer as Carl said but
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at the end of the day there's a there's a lot of evidence that needs to be that she has to sort
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through a lot of things to consider I think um my impression was when we were in court was that
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she she did sit up and take notice I don't think it was um she was dismissive in any way and I think
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she was fair and I think um I I'm confident I I really am in the fact that it it's it's I've got
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this crazy analogy that some people might uh jump on me for but it it's almost like you know you you're
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an abuse you've been abusing somebody and you go to court and it's like well I'm not doing it anymore
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and I'm probably not going to do it again so it's kind of moot now but I mean that's kind of where we feel
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we are right now we've been fighting this case for um close to a year I mean I started this whole
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initiative back in October of 2022 and um you know the amount of time money effort blood sweat tears
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everything that's gone into this um and and also not to forget very important the what we uncovered
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during the cross-examination process of this whole proceedings that needs to be heard in a court um I
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don't think this is something that can be just sort of shrugged off or swept under the rug this needs
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to go the the full duration at the right to the end they need to let us get to that finish line
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and at least let a judge decide whether constitutional rights were violated um you know whether other
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violations were were involved here with regard to the the claims of the science and then the science
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not being there when they implemented the demanding so just to cut myself off there yeah it's very
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important um and um we're hoping and we have our fingers and toes crossed that we'll get to a final
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hearing here um so um so you know sean and carl i mean uh i wonder how much of the government uh dropping
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the last remaining measures on travel this past monday had to do with your case how much of that had to
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do with the fact that pier poliever was recently elected as leader of the conservative party um do you
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have any views on that a hundred percent okay go for it i'll let carl go sorry i didn't mean to jump
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in but yeah yeah no i mean i mean i think there's many factors at play here i i would never um i would
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never be so brazen or bold to assume that pierre poliever never had anything to do with this i i did
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to be clear i voted um in the leadership base and i voted for pierre poliever and i would vote for
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him in a general election right now um i don't think that anybody should be claiming um full
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responsibility for these mandates i think our lawsuits which again have been going on for almost
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a year in the court and not just ours the other three as well uh the peckford case the bernier and
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the bills case of all um kind of we've we've made the government sit up and take notice um there's things
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that have been revealed in these cases that they probably don't want the public to know about
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which we'll get into the mainstream media not covering this in this story for the last year
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in a moment but uh i i think we definitely had some um we were responsible in some way for these
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mandates being lifted um i i don't see how it couldn't and the fact that the government are so
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adamant about our case never being heard i mean they've been throwing these motions at us since
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the beginning if you remember right back at the start they tried to uh they filed a motion to have
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carl and i's um just for the viewers who are catching up to have our affidavits stricken from the record
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they didn't want to judge to read our affidavits why um and now we're we're at a point where they
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you know conveniently suspend the mandates and now literally a day or two later they file a motion
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for mootness that this case shouldn't be heard and this case should be heard and i'll hand it over to
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carl on that note i i think all sean's uh points there are fair and it's definitely a combination of
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factors um obviously uh pierre pollard's certainly warming up in the house now and you can see that
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he's having an impact and he's looking more and more confident and making it more and more difficult
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for the prime minister and for the deputy prime minister to actually deal with him so there obviously
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is going to be a government concern and there's lots and there are two or three polls in recent days
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are all showing the liberal party sliding behind um the conservative party i mean perhaps as um
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people move back to uh the conservative party from the people's party uh from the 2021 election i don't
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really know but there are certainly some polls that are indicating that seven or eight point differences
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emerging and that's going to cause a problem for the liberal i'm sure that in the prime minister's
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office there's lots of people hard at work trying to figure out what to do next um and there was
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always um a problem for uh the prime minister that he would face if he faced pierre polyev in the house
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polyev seems more agile um you know intellectually he seems more humorous he just seems to present the
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points better and when i was in ottawa last week for the hearing i went to question period on the uh
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thursday um in the house and listened and you could see that at the time you could see that
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um the front bench of the government is concerned about pierre polyev he's he's nimble and agile and
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and they'll find him difficult to deal with so that's obviously a factor our cases all four of them
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are certainly a factor and another factor is just the the the overwhelming energy of connect
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millions of canadians whether vaccinated or unvaccinated or not who just think this is wrong
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and have poured their heart and soul into uh their keyboards and have um delivered the prime minister
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a harsh blow through various uh um hashtags on twitter for example such as trudeau must go which
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is and so on and so forth um and some of those people were very grateful to for actually coming to
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the hearing in ottawa last week we actually had some uh supporters um who were there and those are exactly the
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people those those people um are you know very much also responsible for forcing the government
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to reconsider its position yeah i was going to ask you what um uh how many people showed up to the hearing
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and uh either in person or via zoom uh was there a good turnout generally speaking
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yeah i mean you know obviously it's uh um a long journey to water for other people so it was local
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people and certainly you know maybe 30 to 50 people have arrived at the courthouse and uh that was great
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to see and they spoke to us and the other applicants and um and some of them watched the whole uh proceedings
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for the whole day uh inside the court inside the uh court entrance where they were uh you know the
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court uh set that up so that people could could watch it there and i i mean i i think there were
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approaching 5 000 people watching it online and this is very very important um because it shows that
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there's intense public interest in the case and you'll remember that when you wrote your piece
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for uh barry weiss's common sense and that was picked up by media all over the world um that uh
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the federal court went to a very unusual step one that i understand they've never done before
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going to uh social media twitter in particular to um send out a link to the documents so that members
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of the public and canadians generally could actually see what you were talking about what what you were
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speaking of and um so obviously the court's very very well aware and we'll know that you know justice
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gagne is very aware that there is public interest yeah i was uh really taken aback when the federal
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court of canada tweeted um saying that given the extraordinary interest in this case we're making
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this link available to members of the public and uh um and i yeah i was told by many people that this has
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never happened before um so um yeah no it was very very unusual um back to the uh back to the hearing
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um uh sean and carl i was struck by something that the council for the attorney general was saying uh and
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it was something that was repeated uh several times during the course of the proceedings uh when robert
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drummond um i believe he's counsel for the attorney general he argued and i quote him i think it's fair
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to say that there is no evidence that such travel measures are returning the statements made by the
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ministers are political statements and press releases not legal statements uh when i heard this
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my reaction was one of amazement i couldn't believe that we were being told to ignore statements by
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politicians because they have no legal force um what was your reaction was it similar uh did uh did
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any of this make sense to you it was the same we we had the exact same reaction it's it's just incredible
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that um it's almost like they were throwing these ministers under the bus because i mean these these
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were the these were the individuals that were responsible for bringing these mandates in and putting
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them in place again this did we got to remember and we can maybe get into this in a bit this didn't
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go through a legislative process this this was like an executive order signed off by a minister
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so when these ministers who bring in these mandates then go on on television and make these announcements
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that they're literally going to be um you know initially preventing people who are not vaccinated from
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getting a plane a train um or a ship and um and then you know subsequently in june then saying that
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they're going to temporarily suspend the mandates and make it very clear in their announcements that
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they can they'll bring them back at any time if they feel if they see fit and then for the uh attorney
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general's counsel to say oh well don't listen to them um you can't take that you know verbatim it's
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that's just them talking that's just a minister talking it's not legal um yeah it's just astonishing
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absolutely astonishing i mean i think i think our lawyer sam prezellos commented on that and and
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rightly so pointing out that we we live in a country we live in a democracy where the words
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words that mean something don't have to come out of the mouth of a lawyer yeah i i did i think that
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resonated with the judge with the judge it's quite extraordinary that the the attorney general would
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suggest that the canadian people should ignore a formal public statement from the mouths of three
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government ministers um and it's more extraordinary that another cabinet member would suggest that the
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court and canadians should indeed do that yeah i i liked what sam prezellos had to say uh sam
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unfortunately couldn't join us on the podcast uh but this is what he said he said uh my friend
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referring to the attorney general would like this court to believe uh that media statements don't
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matter they're not legal statements uh i'm not sure what type of democracy we exist in if we cannot
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trust the truthfulness of statements being made by government ministers and that's a great point you
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know what kind of democracy is this if we cannot trust the statements made by government ministers
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right well or or in the case you have an attorney general essentially telling you to ignore them
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ignore them and dismiss it you know don't worry about that yeah yeah sorry carl yeah um yeah sorry carl go
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ahead yeah i mean i think what's what's interesting that we've we've seen recently in the last few days
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um is um as the the government's moved to um closed or tried to turn the page on um its remaining measures
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at the border we've seen other um heavyweights weighing in now so we saw was air canada yesterday
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releasing a statement which wasn't covered by the mainstream media almost at all and remains on newswire
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and in a couple of other places but quite a remarkable statement from air canada which um
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says this it says air canada welcomes the removal of these restrictions acknowledging that
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air travel is safe and that the measures were not justified by science which is an extraordinary
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that is extraordinary yeah that is extraordinary and you wonder how long they've been wanting to say
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that or how long they've been aware that the measures were not justified by science and i wonder
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in the wording whether they're suggesting that the government by removing the restrictions is
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acknowledging the measures were not justified by science or whether that's the opinion of air canada
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but it's kind of ironic that they were one of the most um heavy-handed enforcers i've said exactly
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they usually did that if uh government ministers were on the same flight i have noticed that every
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time there was a government minister on a flight to ottawa they would repeat three or four times that
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you had to keep your mask on and but the compliance just kept um you know just kept um you know it was
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wasn't really um that they weren't enforcing it at least the last couple of months that i've been flying
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there's been hardly any compliance except when you fly to ottawa uh because there's usually a government
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minister on board i i think um yeah didn't you call last week when we left ottawa yeah no i i flew out
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so yeah i flew out of ottawa and it was um yeah certainly at the airport and certainly it was and on
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on the flight it was uh fairly rigid enforcement but that all seems set to or they certainly seem set to
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not renew that at the end of the week yeah um you know i um i heard from some people who tuned into
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the zoom hearing that uh the government almost seemed kind of heartless in defending its case
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um did it uh come across that way to you at all they they're i gotta watch what i say here yeah i i
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think i think these um these lawyers are a special kind of people and they've kind of expressed that
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it's nothing new to us since i mean at the beginning it was but i i think they're very um
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calculated and and they have a job to do right in fairness um their job is to defend one side our
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lawyer is is is to get our case across but yeah they they can be very cold and calculated as can the
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bureaucrats uh as you saw in some of the um transcripts from the yes the cross-examinations yeah
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i'll leave it at that before i get myself in trouble i think um sean summarized it well there
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they got a job to do yeah um i i i think these measures and the impact and and the court cases
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are very important for all canadians not those canadians who have chosen to
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not be uh not have the injections um but everybody uh the the the consequences of allowing a government
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to be able to dictate people's health as a micro managed level like this are extraordinarily broad
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and dangerous and need to be addressed and challenged by by the courts um so sadly whilst
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it does affect millions of canadians governments authoritarian governments governments with unusual
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motives and sometimes malign intentions have always managed to find people that they can employ to
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enable them to do it it's not like everybody turns around and says we're not going to help you with
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that there's always going to be somebody there who's going to do that so yeah i mean you know
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people have a job to do we understand that uh i'd hope in doing that job that the people doing it
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consider how these measures might impact them in a wider way going forward unless we consider them as a
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as a as a country now there was another point too that um that some people missed some i i we talked
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about it on the day carl but um the fact that they they never if you notice whenever they're talking
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about these mandates and you've got to remember we're we're in a hearing that's trying to declare
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our cases moot but they never close the door on anything they always leave the door open just in case
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right it's because even um i forget his name the first gentleman up for the um for the attorney general's
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council um but even he said that that um you know it it's it's unlikely that they're gonna have to do
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this again but if they do it'll be under different circumstances so you know we'll worry about that
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when it happens but right now it's moot but they they're always hinting that they can bring it back
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at any time or they may have to bring it back or however the wording is and even trudeau's been
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doing that the last few days but and people are starting to pick up on that too it's never completely
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it's like it's done it's finished go on with your lives you know um it's never completely over there's
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always that right at the end of the conversation that big but or maybe right exactly yeah and that
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leads me leads me to my next question uh which is related to what you just said uh sean which is
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um what is at stake here in this in the case in other words why do you both sean and carl think the
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case is not moot why shouldn't uh uh the judge just say yeah case dismissed and uh why do you think
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this case deserves its day in court basically there there are things that have been that the people's
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lives were affected by this and until i got into this case i mean my life was affected in one way
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carl's was affected in another everybody has their everybody was affected in a different way by this
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but the fact that people were unable to visit dying relatives um that we've got people on our group
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husband and wives who haven't seen each other in three years or two and a half years
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because they if they came back they wouldn't be able they wouldn't be able to leave again and
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because their husbands i should just clarify you know husbands that work out of the country or um
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there's also relationships between you know maybe a fiance that lives in um lives in the us and somebody
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lives here or anywhere in the world and people's lives were turned upside down and um i mean there's
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one thing restricting people's mobility rights which in itself i think is a crime in my opinion um and
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we this i guess where i'm going with this in a nutshell is that we need to ensure that this is heard by
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a judge and that the rationale for doing this is exposed to the public because we know it wasn't based
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on science we have evidence to prove that and we need to make sure this never ever happens again
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in the way that it did it can i'm not saying there's ever going to be a situation where
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you know stringent measures have to be put in place but
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in under the the situation that we were in and the and and the the way that they did it this has this
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can never happen again and that's why we need it to be heard in court because we're hoping a judge will
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agree with us on that yeah i mean there is sean articulates that well there's there's um there are
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some general reasons why it should be heard the canadians have a right to i think have full public
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scrutiny of health measures this isn't a matter of national security um it doesn't have that
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sensitivity to it it might be sensitive to the prime minister's office or it might be sensitive to
00:28:40.500
the minister's office but i think there needs to be a full um and transparent understanding of what
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happened to take us to this point because what we know as sean said from the evidence that you know it
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wasn't based on a scientific rationale neither the public health agency of canada nor health canada
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recommended these uh the measures to government they were taken within government now there's a
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a there there's a i can't remember what it is but there's a winston churchill quote which talks about
00:29:13.060
how you should never allow the state apparatus apparatus to get into the hands of of experts and
00:29:18.820
clearly justin trudeau to some extent agrees with him on that when it suits him you know so expert
00:29:24.420
opinion is important when he needs it and it's not when he doesn't but um there are some specifics
00:29:31.620
as well that need to be considered and sam prasvelas has argued this in our case that it shouldn't be
00:29:38.820
an issue for canadians to have to sacrifice one charter right for another you know can i travel or can i
00:29:47.380
maintain my right to um decide what goes into my body do i have to make a choice between my job
00:29:54.660
and my and what goes into my body none of these things are correct or appropriate
00:29:59.700
even in perhaps the most extreme circumstances in the case of covid it was never that extreme
00:30:06.900
and it didn't need to be done in such a way and i think it's possible that by now even the prime
00:30:13.380
minister is learning some lessons but from this and if we think back to his language in the summer
00:30:19.780
of 2021 and how incendiary and inflammatory and divisive and discriminatory it was then if at the
00:30:27.460
time he had introduced these measures by suggesting that he was doing so reluctantly he was producing the
00:30:34.020
scientific basis on which he was doing it he was telling canadians that he would remove them as soon
00:30:39.140
as possible he was apologizing for the fact that it would inconvenience millions of canadians and
00:30:44.500
that he respected their personal choices he would have found himself in a different place by now
00:30:49.540
probably but that's not what our prime minister did he decided to use it as a wedge issue in a
00:30:54.660
political campaign for his personal gain in an election and that's why he has millions of canadians
00:31:02.900
coming out now and speaking against him and that's that's going to be his legacy that those the words
00:31:09.300
he said will ultimately be this prime minister's legacy not the one he wants but that's what it's
00:31:14.100
going to be right sean did you want to jump in and no i just said he literally weaponized it and not
00:31:21.060
only weaponized it it was just done in such a such a vicious heinous way it was it was just ugly i mean
00:31:27.300
we've all seen those videos going around now one thing i did want to touch on was that every time
00:31:33.300
we talk about this so we put out even the jordan peterson video uh interview that we did with you
00:31:38.180
rupert um people are always like ah that's that's all fake well i'm gonna call anybody out now who wants
00:31:45.860
to call this fake and they called our they actually called our court documents the transcripts they called
00:31:51.300
them fake because the problem with the i don't know whether it's the left or just those people
00:31:57.780
over there that they don't want to research and do anything it's literally whatever the mainstream media
00:32:02.900
tells them whatever the government tells them we're branded as uh disinformation or extremists um
00:32:11.140
but i'm gonna call people out right now if they want to find me on social media then go to any of my
00:32:15.460
social media sites my name's right there literally look it up on facebook instagram or getter uh because
00:32:22.580
i'm banned from twitter um and go there and i have links where you can download a searchable pdf
00:32:31.300
1400 pages of documents which you went through yourself rupert yeah and they can download it and go
00:32:38.100
through and look at exhibits d f um they're listed right there in the link anyway but they can download
00:32:46.580
the four transcripts and read them for themselves yeah because i'm getting a bit tired of people
00:32:51.700
literally just coming in and busting in on our social media and saying you guys are missed disinformation
00:32:57.380
you're lying your documents are fake these are court documents of of government witnesses under oath
00:33:04.900
testifying in federal court so if they want to go take a look at it find me on social media go
00:33:09.540
download the link i've put it on all platforms and read for yourself that's uh that's extraordinary
00:33:15.220
sean because that was the initial reaction to my story when i first broke it on august 2nd
00:33:21.220
that for the first couple of days people were saying that i was making this up and this uh there was no
00:33:26.020
such case and um and even a cbc reporter whose beat is uh the federal court or the judicial system in
00:33:33.860
general um was asking me where he could find these documents and uh and i had to kind of hold his
00:33:41.700
hand and tell him you know this is what you need to do and this is not even my area of expertise um
00:33:48.580
and i had a few of those i had a few of them contact me and it just blew my mind that these people were
00:33:53.940
seasoned journalists like big big publications and tv station tv news yeah and they're asking how do i get
00:34:01.540
the documents it's like what you've never requested documents from a federal court i guess that goes
00:34:06.100
to tell us why we get so much um bs from them on the news because they clearly don't know how to do
00:34:13.460
the homework right yeah well i think you know there's a certain amount of naivete here that if
00:34:17.940
the mainstream media doesn't cover it then it doesn't exist right um and worse than that it's not
00:34:24.100
it's not even it's it's it's it's almost that people have been conditioned to think that way now i mean
00:34:29.300
look at look at our case and and i gotta give you a big shout out here if it wasn't for people like
00:34:35.220
you um who who picked up this story in the beginning and and you know and then we worked
00:34:41.140
because of you it's just it amazes me that the telegraph one of the uk's biggest newspapers
00:34:48.180
published this story after reading your piece right and that they wanted you to write a piece for them
00:34:53.780
it went out on gb news in the uk it went out on sky news i think in australia went all over the globe
00:35:00.580
except canada can there's not one mainstream network in canada that has mentioned this case
00:35:07.540
and to the point where they've almost where we've sent them information and they've kind of buried it
00:35:12.180
somewhere because you know they have it we've sent it to them and they just don't want to report on it
00:35:17.780
so and it's very disturbing as to why that would be because and i think jordan peterson in our
00:35:24.260
interview said it best it's like one of the biggest stories and you know in 10 years and nobody wants
00:35:31.300
to report on it why yeah yeah no big shout out to you anyway thank you thank you thank you yeah thank
00:35:39.700
you sean yeah and i needs more journalists like you i appreciate that uh but honestly i keep saying this
00:35:46.900
to everybody i who says this to me that i um you know i wasn't doing anything extraordinary here i
00:35:52.820
thought that this was interesting and important and i was just doing my job i guess and uh um and
00:35:59.620
you know i'm i'm i appreciate the support and i that really means a lot to me um but yeah i think this
00:36:05.540
case has um as i argued in the pages of the national post today i believe it's in print today that when
00:36:12.660
it you know this case has wider significance when it comes to things like accountability um that you
00:36:18.420
know if the court agrees with the government that the case is moot and therefore should be dismissed
00:36:22.980
because just because the mandates have been suspended i think it would effectively legitimize um you know
00:36:29.700
this habit or this practice of restricting our rights um and if the restrictions are removed uh before
00:36:37.460
the courts have a chance uh to hear them uh and to hold the government to account and uh and and you
00:36:43.700
know and as a matter of fact i mean there's there is precedence for this right uh you you might recall
00:36:48.820
that the trudeau government used a version of this tactic uh while um you know by invoking the emergencies
00:36:55.540
act uh and and then we drew it uh just before it came up for a debate in the senate so and i think if
00:37:03.620
we we we live in a law-governed society um the last time i checked and and i feel that none of this
00:37:10.580
stuff is good uh if you if you live in a law-governed society i think i i don't know if some people will
00:37:17.620
think this is a stretch but if this case yeah just based on the evidence we have and obviously you know
00:37:23.380
until until it's all heard and seen you know we've lived this for for almost a year now yeah if this
00:37:29.860
case isn't heard based on the evidence alone i think our democracy in canada is in big big trouble
00:37:37.620
i really do i strongly believe that sorry carl no it's it's it's a good point we'll we'll we were able
00:37:47.460
um in the hearing to draw the court's attention to a recent uh series of decisions in british columbia
00:37:56.740
actually that were made by the chief justice of the supreme court in british columbia and um
00:38:04.340
those were all ultimately dismissals of challenges to um mandatory obligations the same kind of things
00:38:14.660
that you know we're talking about in our case but at a provincial level the vaccine passports i think is
00:38:20.900
the term that was used so the cases were dismissed by the chief justice but the government in that
00:38:26.660
case applied the same pressure and filed a motion for him not to hear them at all um on the grounds
00:38:33.460
that they were moot and he chose to exercise his discretion um to go ahead and and hear the cases
00:38:41.540
um we were able to bring that to the the attention of um uh mr scania last week um and and i think that
00:38:49.860
that goes some way to to helping the court uh see that that that's an appropriate route to go whatever
0.86
00:38:57.380
the outcome of decision is it's right to hear the case you know the mootness in canada is decided
00:39:02.340
largely around a case called the boroski case and there's a test synonymously called the boroski test
00:39:09.540
and two parts is is the issue actually moot in in legal terms um is the first part and even if it is
00:39:17.220
moot the court has very very wide discretion to go ahead and hear the case um in fact it's it's quite
00:39:23.540
possible for a judge also to decide to hear the case before deciding whether or not it's moot um which
00:39:31.060
in fact is what um um chief justice hinkston did in british columbia so um justice gagne has a lot of
00:39:39.060
flexibility in how she approaches this and and hopefully she can see that this is exactly the
00:39:46.580
sort of issue that the second part of the boroski test is made for this is where that discretion really
00:39:53.060
counts and um and you know hopefully that's um that that that's certainly an option that's open
00:40:00.260
to her and and and hopefully you know she may consider that and there was pleadings were all um
00:40:06.100
put to her and in in court and very experienced justice um uh who you know will no doubt think about
00:40:14.740
it very carefully and come to a very considered decision yeah um well um what what are you looking
00:40:20.980
for in terms of uh from the public for example so that this case is heard in court well we've we've
00:40:29.220
been running um we've been running a give send go up until now it's still up i'm running um you know
00:40:35.700
to raise funds obviously the cost of these cases you know many members of the public they have no idea
00:40:41.140
they're very expensive we're gonna be moving that all over um just as a heads up to everybody um
00:40:49.780
actually i'll give people the dates if that's okay for the hearing so if we're if we're successful in
00:40:54.100
our motion in if the judge rules in our favor on the mootness motion um then we'll be heading to a
00:41:03.220
uh final five-day hearing in ottawa um on uh october 31st and that'll run until november 4th
00:41:11.300
so either way if if we if if we're unsuccessful we're very likely going to be appealing this um
00:41:20.820
which is going to be another cost in itself and another process um every time you kind of leave
00:41:27.460
the tracks and go off and deal with a different issue then obviously there's costs associated with
00:41:32.580
that so what carl's been working on for the last few months he set up um uh it's a it's a charitable
00:41:39.860
organization it's called the institute for freedom of justice institute for freedom and justice
00:41:45.300
and so we're going to be transitioning every everything over to that and the reason being
00:41:49.380
is we we don't like relying on platforms like give send go they've been amazing
00:41:54.020
to us don't get me wrong but if anything ever were to happen we don't have any control over that
00:41:59.380
which is why we've also been accepting e-transfers which are all listed on the give send go page and
00:42:05.380
also um even mail-in options some people have been mailing us checks and even cash so there's those
00:42:11.620
options we're going to be transitioning everything over including the e-transfer option where everything
00:42:16.500
will be going to the institute for freedom and justice sorry carl i keep forgetting the name um
00:42:22.580
and what we'll do what that allows us to do then also is to issue tax receipts because we've had some
00:42:28.420
pretty large donations come in and even on the smaller donations people can claim i think it correct me
00:42:34.260
if i'm wrong carl it's up to about 40 percent back on any donations right depends on their their rate
00:42:39.220
of tax yeah be able to self-set it against their own tax so if you're donating um or you know we have
00:42:44.980
people that donate every month then that's that we're going to be transitioning that over and that's
00:42:50.020
probably going to happen in the next week or so just so people know but in the meantime they can go
00:42:54.260
to give sing go um and they can continue to donate there and it's the uh the canadian freedom the
00:43:01.540
canadian freedom litigation fund give sing go canadian freedom okay carl do you want to weigh in
00:43:11.860
no sean's covered that very well yeah and we will we'll complete that process in the coming days and
00:43:17.700
then sean will be able to um let everybody know i'll be updating everything on my social media as well
00:43:23.700
and i'll also be updating it on the gifts and go page as well and the and the institute for freedom of
00:43:28.740
justice will carry on supporting um okay the the case and um and it'll do its work so the the the
00:43:36.180
charitable foundation is going to focus on um area on education and um around uh the constitution and
00:43:43.860
around uh political understanding um you know and also um it will support key areas of uh litigation and
00:43:52.740
legal challenges where those challenges can support the uh the the the charter rights uh of canadians
00:43:59.940
yeah and people should know that we're not gonna we're not we're not gonna give up um we're gonna
00:44:04.900
continue to fight tooth and nail uh as i said even if we're unsuccessful in the mootness motion we will be
00:44:10.100
appealing that if we are successful in the mootness motion and we go to our final trial and we're
00:44:16.340
unsuccessful in that then we'll be appealing that so we're not going anywhere but we do need we do
00:44:22.100
need help to keep this going um and and anything the and and everything that's been received up until
00:44:28.420
now we're eternally grateful for that the amount of support from canadians there's i mean there's about
00:44:34.180
six million people that were affected by this uh essentially it's just been the support's been
00:44:40.180
amazing well thank you to everybody yeah no i'm uh there's there's a lot of support for the two of
00:44:45.860
you uh especially and of course sam uh press fellows um and uh and i only i can only uh you know i
00:44:54.340
predict that support is only going to get uh uh bigger uh with time uh is there before we wrap up is
00:45:00.740
there anything you want to tell our viewers and listeners i think we've covered pretty much everything
00:45:07.460
just just again um look us up on social media go to the give send go um and again thank you everybody
00:45:15.620
who's who's been supporting us and donating it's it's absolutely phenomenal and and please rest
00:45:21.220
assured we will continue to fight this two for nil yeah uh well on that note uh sean and carl um and
00:45:28.580
sam presfilos who couldn't join us uh here uh thank you so much for bringing the case this far and
00:45:34.500
trying to hold the government to account um a lot of people um support you and i wish you all the
00:45:40.900
very best with the next stages of your case and of course i hope to have you both back soon yeah
00:45:49.540
hopefully we'll see you in court on the 31st i hope to be there if not in person definitely via zoom
00:45:56.660
yeah well thank you very much again rupa for everything you've done uh getting this story out
00:46:01.940
really appreciate it oh my pleasure my pleasure yeah my pleasure thanks guys see you soon