Fighting Trudeau’s travel mandate in court Part. 2
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Summary
In this episode, we discuss the removal of some of Canada's most restrictive travel and vaccination mandates, and how the media covered it up. We discuss the role of the media and how it contributed to the lack of coverage of the changes.
Transcript
00:00:00.720
Because the second you start limiting an individual's ability to move,
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whether it's for a pandemic or war or whatever the case might be, it's effectively the government
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telling you we know better than you where you should be going. And I don't think that's an
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outcome from a political philosophy perspective that should ever be tolerated because I don't
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think that can ever be true. You know, certain measures need to be taken for people's protection
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and safety. And, you know, there's many instances where the state does know and is acting on great
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information and acting, you know, for the collective welfare of people. And you have to make some
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compromises day to day that are practical. But asking people to make an irreversible decision
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as a precondition to enjoying one of the most fundamental human rights I think we have on
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this planet, certainly in a Western democracy, you know, that gives me a lot of pause for concern.
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Yeah, that's very well said. You know, I wanted to say something about what Carl was saying earlier,
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about I think you pointed to how so many people weren't even aware of the existence of the mandates.
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I have I have a story to share shortly after the truckers protest, or in the midst of the truckers
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protest, I think, or towards the end of it, several provinces started dismantling the vaccine passport
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system, if you if you remember. And, and I remember, after the protests, the protests continued, people
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would show up on Parliament Hill, or they would, you know, congregate around the War Memorial. And,
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you know, every weekend, a few people would protest, but 100 people would show up or so. And
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the average Ottawa person would say, Well, why are you still protesting? The mandates are all gone.
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And I would tell them, No, the the travel mandate is still in place. Five, six million Canadians can't
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even get on a train to go across the country. They can't even leave the country if they wanted to. And
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then the mandates that apply to the civil service, there are there are people in the civil service who
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have been on leave without pay for six months. And they would just look at me stunned, or they would
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think that I was making it up. And this was very similar to responses I would get online as well. I
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mean, why are you still writing about mandates when they've all been removed by the provinces?
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So it's amazing how the federal government mandates just didn't get the attention it deserved. It's
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almost like it didn't exist. The biggest criminals in this have been is the Canadian legacy media.
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Because the government will get away with whatever they can get away with. Right. But the fact that the
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media who are supposed to be there reporting the news chose to not only not report what was really
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happening, they chose to promote a false narrative. And we know that now to be a false narrative. We
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know that, and I'll say it out loud, they lied. And the media, I think, have been the biggest
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contributor over the last two years to a lot of these things that have happened.
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One of the things that the government did, this is very, I mean, it's devious, actually, I thought you
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may have noticed this or not. But when they lifted, and they did this throughout 2022, a bit ahead of
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suspending and, you know, we need there's a different term, I mean, suspending is an ending way. But when
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they suspended these vaccines as a precondition to travel the mandates around that, that was one thing,
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but ahead of that, what they were doing was very, very devious. And when they were removing restrictions,
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they dropped the distinction between vaccinated and unvaccinated. And they just started using
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language such as, we're removing the requirement for, you know, testing or whatever for travellers,
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for travel. And the same's happened in New Zealand recently, where it's, the media will report it as
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New Zealand drops all mandates or conditions for travel. But that's not true. You still need to be,
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for example, you still need to be proof of vaccination to go into New Zealand, and it happened
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here. So people were just talking about travellers, the distinction between vaccinated and unvaccinated
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travellers was dropped. And that almost sort of made people who were chosen not to have the
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injections as if they didn't exist. When in reality, we all know that now people coming back into Canada,
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who have chosen not to have the injections, you know, accosted at the airport by Public Health
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Agency of Canada agents who, you know, will try to make them stay at home for 14 days and bombard them
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with telephone calls and emails, even though these people don't have COVID, at no greater risk of
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having COVID or transmitting it or infecting anybody else as somebody who has had the vaccinations,
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which we now know to be true. And that's still not out there. Most Canadians probably still don't know
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that that's being imposed upon the so-called unvaccinated Canadians. I think the government's
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played very fast and loose with the law, it's been very devious with its use of language. And some days,
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I think I'm in the middle of somebody's strategic flowchart, you know, some day.
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Sorry, I would also question the logic of people who are asking why someone is reporting or talking
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about a measure that's no longer in place, right? I mean, to me, that's the equivalent of saying,
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why are we talking about a war that's no longer active? Or why do we talk about history at all,
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right? The fact that something has come and gone doesn't mean that it should escape our consideration.
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It doesn't mean that we shouldn't still be critical about the decisions that were made at that point in
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time. And because that's the only way we're going to learn about how we're going to handle the next
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type of crisis and what should and should not be acceptable public health measures.
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Yeah, exactly. Absolutely. And, you know, speaking of which, I mean, do you think
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there's going to be some kind of accountability down the road from the government? You know,
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you know, it's happy we're trying to do it through, you're trying to do it through the courts,
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but you think we'll see some change maybe at the ballot box? Do you think there's going to be any
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kind of accountability? Well, I guess ultimate accountability is at the ballot box. We are
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optimistic that we will see some accountability in court. As you know, obviously, the process is
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still unfolding. So we're all, you know, just going through that process and being patient and we'll
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see where that takes us. But I'm optimistic that this in conjunction with several other things,
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you know, hopefully might get people a different result. Yeah. Sean, Carl?
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I mean, there's a real opportunity here for the Canadian courts to, again, you know,
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to step up and take and deal with this issue and not simply take a deferential bow to the federal
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government. It's such a it's a complicated issue. But that's not a reason to just rely on what the
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government says is being true, because the government says there's an emergency because
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the government says it has to do this. This is an opportunity for real scrutiny. And it's an opportunity
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to test more thoroughly our Charter of Rights and Freedoms. And particularly with regard to Section
00:07:45.120
1 of that, you know, it's a young constitution. Canada's constitution has been in existence since
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1982. We're not talking about the US Constitution or the type of constitutional law that might
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be in the UK and old democracies like that. There's a real, real moment here for, on the widest level,
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for the Canadian judiciary to look at this and to reassure Canadians that this kind of casual
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health-based discrimination isn't something that can take root in Canada. I hope they take that very,
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very seriously and not show deference. I mean, certainly there are, we've seen some examples
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recently. I've been sitting in the Supreme Court of BC, listening to the Chief Justice there, who's
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due to make a hand down a decision in relation to proof of vaccination more widely in British Columbia.
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And certainly some of the language that Chief Justice Hinkson was using in British Columbia
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was encouraging insofar as it was clear that he understood the issues and wasn't just going to take,
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wasn't just going to defer to government. He wasn't just going to, you know, accept what they were
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saying. And he asked some difficult questions and made some interesting, interesting statements there.
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And hopefully there's something, something good comes out of that. And with, I think we'd like to see
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our case be heard. We'd like the, the, the judge who hears the, if there is, you know, there's going
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to be an argument around whether this issue is moot or not. We'd like the judge who hears that case to
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exercise his or her discretion, that this is of such public importance that they want to hear the,
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the case and, and the, and the actual, the, the core issues and the merits and go ahead with the
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hearing. And that will give Canadians an opportunity to hear it. It'll give the government an opportunity
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to explain its thinking rather than try to push it under the.
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I mean, that, that's, sorry, Sean, I want to echo something Carl, uh, just said, I think it's,
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it is, it is a very critical opportunity. And quite frankly, I think that difficult moments in our
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political history like this, uh, are the best opportunities to decide very complicated and
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difficult cases, because it's the point in time where people need the most guidance.
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And it's likely the point in time where the government needs the most, um, scrutiny,
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quite frankly, because it's moments of crisis breed a lot of uncertainty
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and they breed a lot of panic. And those are frankly, the conditions in which we see a lot
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of sweeping measures come into place. And, and I couldn't imagine a more appropriate time and place
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to consider the constitutionality of these types of public health rationales. And right now,
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Sean, you were going to say something, I was just going to say that, that I was going to echo kind
00:10:48.080
of what Carl said too, and, and what Sam said, but, uh, and again, you may have viewers. I don't,
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some of your viewers may not be aware of the, the mootness motion, but that that's my biggest concern
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right now is that the government, um, the, the attorney general of Canada and their, their council
00:11:06.400
have filed a motion, um, of mootness, uh, against these four cases. And now we have to go and sort of
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fight a separate hearing on September 19th, which was originally our final hearing date,
00:11:18.960
which will now be in October. However, we have to get over that hurdle. It's quite a big hurdle.
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And the fact that they're, they, they seem convinced, and I'll let Sam talk about this
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more in legal terms, but that really concerns me. The fact that we may not even make it to a hearing
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if they decide this case to be moot, how they can, how that he can even, it's mind boggling to me,
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how they can even, how they can even contemplate that this is moot in the fact that these measures
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have only been suspended. They haven't been revoked and they've made it very clear they can bring them
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back anytime, but I'll, I'll hand it over to Sam to explain the mootness motion to, to everybody a bit
00:11:59.360
better. Yeah. I mean, so there, there are certain, there are situations where, uh, the original controversy
00:12:06.880
no longer exists. Um, and the, there's an infinite number of reasons why, uh, you know, the, the, the
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classical example might be that your challenge of constitutionality of something, there's a previous
00:12:16.240
challenge, it's been struck, it's of no longer any consequence. So the, the general idea here is
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that the courts are not going to use the limited times and resources that they have, you know, to
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decide disputes between parties that practically don't have any effect on their legal rights, right?
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So they're not here for, you know, they're not here to have an Oxford debate with you, uh, or kind
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of a theoretical discussion. And you can have that elsewhere if there's not going to be a concrete,
00:12:40.400
tangible benefit that's going to flow from that. And, uh, there's a lot of cases that even in the
00:12:45.520
context of, of COVID that do get dismissed because as you know, uh, these public health policies get,
00:12:51.520
you know, activated and deactivated over time and you're playing a timing game, quite frankly. Uh,
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I was in a situation where I started an appeal with respect to the constitutionality of, of
00:13:01.760
restrictions and outdoor gatherings in Ontario. At the time I finished my appeal materials, it was,
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there was a limit, which we, we argued was unconstitutional. By the time I got the responding
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submissions from the government, the limit had been revoked. A couple of months later, it was back on
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and then a couple of weeks before the hearing, it was revoked again. And it just so happens that
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in this game of kind of musical chairs, you it's what chair you're sitting in last. And if, if, if
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the public health policies are no longer in place at the specific point in time, you're speaking to the
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court, uh, there seems to be a trend that they're not going to hear it. Um, so could that be one
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explanation for why, um, we've not had much success, uh, with, uh, with people challenging
00:13:45.280
mandates, uh, through the courts or, or, or lockdowns and other restrictions over the course
00:13:51.520
of the pandemic? It's a formidable challenge. Uh, getting, getting around the mootness argument is
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very tough. Uh, I, you know, I, it's the, the bench has made it very clear that, uh, they will not spend
00:14:04.240
time, um, absent very special circumstances, uh, dealing with issues that have been deactivated.
00:14:10.080
Uh, and, and, you know, sometimes they're deactivated permanently. It's it's in sometimes
00:14:14.480
for a very long time. I mean, obviously now in Ontario, we're, we're not seeing a return to
00:14:18.240
a lot of the public health measures, but that's not to say that they can't come back. And it's also not
00:14:22.960
to say that those decisions wouldn't be instructive for future scenarios that might not necessarily be
00:14:27.760
identical, but could be parallel to what we've observed with COVID. Um, but at the end of the day,
00:14:32.320
it's a challenge for, for this case as it is for, you know, a lot of cases, whether it's in the
00:14:36.800
constitutional context or not, and it's something you have to be aware of as a lawyer, uh, and it's
00:14:40.800
a risk you take, and we're going to be putting our best foot forward and we hope the court agrees with
00:14:44.800
us. Yeah. Okay. Well, I wish you guys all the best. Wanted to ask, uh, the three of you, what's next
00:14:50.480
for the three of you? Um, uh, I know you've told me what's next for you in terms of the case, uh, going
00:14:56.800
forward, you have a hearing in September and, and the final hearing in October. Uh, but, uh, but you
00:15:03.760
know, what, what else is next for the three of you? Are you, um, the two of you, uh, Sean and Carl, are
00:15:08.960
you going to be traveling anytime soon? Um, are you going to be getting on a plane, going overseas to
00:15:14.000
see your, um, to see your, um, uh, parents? I, I can't, I, I run my own business, small business,
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contracting business. And I just, um, I mean, there's a possibility if I came back and I followed
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some of those instructions that you see people posting videos about right now, but I just can't
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risk being locked in my house for two weeks. Um, I would love to go and see my family and my father
00:15:42.400
right now, but realistically, as far as I'm concerned, this was kind of a bait and switch
00:15:48.160
game. They did, they, they suspended the mandates and then kind of up the ante on the arrive can app
00:15:54.480
and the quarantine, right. Um, and they really sort of going hard off to people that they are able to
00:16:01.840
get into quarantine. So I, I just, I just can't risk not being able to visit job sites and my guys
00:16:08.160
work in, if I went to England, it would be for like five or six days. Um, but I can't take two weeks
00:16:14.240
when I returned from that trip on top. And, um, I can't speak for Carl obviously, but
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yeah, I mean, I, I, I haven't, um, no, ordinarily I was back and forward to Europe every five or six weeks.
00:16:29.280
Um, uh, for my, uh, business interests, um, there, and I haven't done that for, you know,
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quite some time now with all the restrictions that have been in place of varying kinds.
00:16:42.560
Um, and to some extent it's the same, you know, I, I do want to go back. I do want to see my family.
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I have an elderly mother. I've got my family and friends back there. I'd like to see them and I'm
00:16:52.000
used to doing that because I'm used to going backwards and forwards. And so there's been a
00:16:55.120
commercial disadvantage for CERNA, a lot of, uh, personal disadvantage and, you know, personal pain and
00:17:02.480
always the risk that you might during this period weren't able to travel, that you might lose a
00:17:06.320
relative and not be able to, to travel. And that was one of the, I mean, one of the very stark things
00:17:12.160
that came out in the case in the cross-examination and, you know, hopefully it gets considered more, but
00:17:19.040
was almost the, the, the, the relish that was taken by the people who put these mandates in place in
00:17:28.160
ensuring that compassionate exemptions for Canadians were not made.
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And that to me, I, I don't understand that. It seems it's un-Canadian. It's inhuman. It's highly
1.00
00:17:40.560
discriminatory. It's ethically wrong. I don't understand why a government of a Western democracy
00:17:47.440
would take such a view. Um, and that's, I think another issue that as Canadians come back together,
00:17:55.200
which is one of the things we all need to do. We all need to work as Canadians to come back together.
00:18:00.960
Yeah, we have a divisive government that seems to relish the opportunity it sees in that. I can't
00:18:07.680
see any viable opportunity in that, but they seem to be able to. Canadians have to come back together
00:18:12.800
and we have to think about this. And I think just that the government may have misread that, you know,
00:18:20.400
it, it, it, it may have overplayed its hand, perhaps in their rush to get reelected in 2021,
00:18:29.120
they had felt that Canadians fell into one of two camps. And that's not true. You know, there's a lot
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of people who would qualify as fully vaccinated in that period of time, but would be reluctant.
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Were they going to lose their job, lose the ability to provide for their family? Or were they going to
00:18:46.800
go ahead? And they're not going to be long-term supporters of the same thing happening again
00:18:52.800
to them. It's more nuanced. It's much more nuanced than the government maybe have worked out. And you
00:18:59.440
can see by watching the government, you know, the current polls coming in that perhaps,
00:19:08.480
I, I, I, I think there was overwhelming support for the mandates. I think 70% of Canadians who were
00:19:15.360
polled, I believe around September supported mandates. And, and then there was a recent poll that came out
00:19:24.000
a few weeks ago. That number is down to 20%. Ideally you want zero, but it's still, it's still a sharp
00:19:31.120
decline and that's pretty encouraging. I think, I think people are starting to ask questions,
00:19:36.400
right? Did these mandates make a difference in the end? And I think a lot of people have,
00:19:42.240
are starting to have some doubts here and that's certainly reflected in some of these polls.
00:19:47.200
Yeah. I mean, certainly we'd be good to challenge. I mean, going forward, I mean, we're not in this place
00:19:54.720
yet, but looking at the, um, use of the alleged use of the quarantine act to continue to persecute
00:20:02.560
the people that didn't do what the prime minister said. Yeah. Um, it's something that needs to be
00:20:08.160
challenged and maybe we'll with others consider how we might try to, to, to play a role in that going
00:20:15.680
forward as, as well. There's, there's lots to think about, but that's another challenge that
00:20:21.440
hopefully is taken on and corrected. Yeah. It's something we've always talked about, right, Carl,
00:20:27.840
is, is, is to get this to the end, is to get it heard. So that a goal of our, never to have it
00:20:35.840
happen again. Yeah. Um, it can't happen again. To have it heard. I mean, Sam, you, you know, I think,
00:20:41.760
I think the, Sam will know more about it. I think it's an in-person here. If we get as far as a hearing,
00:20:46.480
it's an in-person hearing, Sam, isn't it? It probably will be. I mean, our mootness hearing is going to be in-person
00:20:51.280
in Ottawa. Uh, so I, I would, I would imagine, you know, unless there is a, a very significant
00:20:57.120
change in the, in the, in the circumstances, epidemiological circumstances, uh, I would
00:21:01.520
imagine that, you know, the actual application hearing is going to be in-person and it should
00:21:04.960
be in-person. It's a, it deserves that level of respect and, and that, and that sort of, you know,
00:21:09.440
solemn attention and, and, and I trust we'll get it. Everything is in-person these days. So what,
00:21:15.040
what is their excuse? We've been Zoom, we've been in Zoom hearings and, and cross-examination
00:21:20.960
since the get-go. The, if we, if we have an in-person hearing in September, that'll be the first
00:21:26.320
in-person hearing we've had in. Well, I think, I, I think the considerations are a little bit different
00:21:32.240
in, in, in the federal sense than they would be within a province. If it was, if this matter was
00:21:36.320
exclusively within a specific province, um, the, the, the factors would be a lot different. But when
00:21:41.600
we're dealing with counsel in different provinces, some witnesses in different provinces and judge in
00:21:46.640
Ottawa, there, there are certainly some practical benefits that are achieved by having a Zoom.
00:21:52.000
But obviously, you know, when you get to the finale, uh, it's, it's preferable. I would imagine
00:21:57.200
it's preferable to, to, to have that, uh, in-person because, uh, the, the interaction,
00:22:02.240
the dynamics of the interaction between the lawyer and the judge, I think, um, it's very tough to
00:22:07.360
replicate that, uh, that dynamic over, uh, video, you know, conferencing. That's September 19th, eh? And
00:22:13.920
so it'll be interesting to see if, see how many people show up for that, but, uh, nice to see
00:22:19.040
probably have police with batons there and everything. Well, yeah, I mean, I, I don't know if
00:22:25.440
you've read some of the reactions to my story, but, uh, the three of you are seen as national heroes
00:22:31.280
and, um, and there are a lot, you know, some, some of the comments are, well, there are a lot of,
00:22:36.480
you know, there's been an outpouring of, um, emotion, uh, over the last couple of days, you know,
00:22:42.560
because you've unleashed something here. You know, a lot of people have been suffering and, uh,
00:22:47.200
suffering in silence sometimes and at what they feel is very unjust. And here you are, you know,
00:22:52.960
the three of you just, um, uh, fighting this out. And, uh, it's just extraordinary. I think
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it's an extraordinary story and I'm sure there's more to say here as, as, as the case proceeds. Um,
00:23:04.800
but, you know, I'm so glad to have been part of this, uh, at least a small part of this journey,
00:23:09.920
a small part of this important effort on your part to get to the bottom of the government's
00:23:15.040
policies as they relate to the mandates. And I really, really hope that there's some
00:23:19.600
accountability, accountability at the end of the day. And I really want to thank the three of you
00:23:24.320
for coming on the show. And, um, um, you know, it's, it's, it's truly an honor and, uh, and hopefully,
00:23:30.560
you know, we'll, we'll, we'll have you back again.
00:23:33.040
One additional point, if I can cut you off there for a second is, uh, filing an application,
00:23:39.440
um, with an injunction to, against the, uh, Rive Canada to hopefully, um, get that at least
00:23:46.800
put on hold for now until we can get to a hearing. So we're working on filing an application for that
00:23:53.360
too. So. Okay. Well, I will keep, uh, you know, keep us posted and, uh, and, you know, I wish you all
00:24:01.440
the best and it was, uh, truly an honor to have the three of you here and, uh, I'm sure we'll catch
00:24:06.720
up sometime soon again. Yep. Thanks for having us on. Thank you. All right. Thank you. Thanks everyone.