Juno News - August 09, 2022


Fighting Trudeau’s travel mandate in court Part. 2


Episode Stats


Length

24 minutes

Words per minute

177.46863

Word count

4,299

Sentence count

203

Harmful content

Hate speech

1

sentences flagged


Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

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

Transcript generated with Whisper (turbo).
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.720 Because the second you start limiting an individual's ability to move,
00:00:04.400 whether it's for a pandemic or war or whatever the case might be, it's effectively the government
00:00:08.320 telling you we know better than you where you should be going. And I don't think that's an
00:00:12.640 outcome from a political philosophy perspective that should ever be tolerated because I don't
00:00:16.960 think that can ever be true. You know, certain measures need to be taken for people's protection
00:00:22.480 and safety. And, you know, there's many instances where the state does know and is acting on great
00:00:27.360 information and acting, you know, for the collective welfare of people. And you have to make some
00:00:31.440 compromises day to day that are practical. But asking people to make an irreversible decision
00:00:38.640 as a precondition to enjoying one of the most fundamental human rights I think we have on
00:00:44.560 this planet, certainly in a Western democracy, you know, that gives me a lot of pause for concern.
00:00:57.360 Yeah, that's very well said. You know, I wanted to say something about what Carl was saying earlier,
00:01:17.280 about I think you pointed to how so many people weren't even aware of the existence of the mandates.
00:01:24.080 I have I have a story to share shortly after the truckers protest, or in the midst of the truckers
00:01:30.480 protest, I think, or towards the end of it, several provinces started dismantling the vaccine passport
00:01:35.840 system, if you if you remember. And, and I remember, after the protests, the protests continued, people
00:01:44.320 would show up on Parliament Hill, or they would, you know, congregate around the War Memorial. And,
00:01:52.160 you know, every weekend, a few people would protest, but 100 people would show up or so. And
00:01:58.080 the average Ottawa person would say, Well, why are you still protesting? The mandates are all gone.
00:02:03.040 And I would tell them, No, the the travel mandate is still in place. Five, six million Canadians can't
00:02:08.720 even get on a train to go across the country. They can't even leave the country if they wanted to. And
00:02:15.120 then the mandates that apply to the civil service, there are there are people in the civil service who
00:02:19.760 have been on leave without pay for six months. And they would just look at me stunned, or they would
00:02:27.280 think that I was making it up. And this was very similar to responses I would get online as well. I
00:02:33.280 mean, why are you still writing about mandates when they've all been removed by the provinces?
00:02:38.480 So it's amazing how the federal government mandates just didn't get the attention it deserved. It's
00:02:44.720 almost like it didn't exist. The biggest criminals in this have been is the Canadian legacy media.
00:02:51.920 Because the government will get away with whatever they can get away with. Right. But the fact that the
00:02:57.680 media who are supposed to be there reporting the news chose to not only not report what was really
00:03:03.920 happening, they chose to promote a false narrative. And we know that now to be a false narrative. We
00:03:11.600 know that, and I'll say it out loud, they lied. And the media, I think, have been the biggest
00:03:18.160 contributor over the last two years to a lot of these things that have happened.
00:03:24.800 One of the things that the government did, this is very, I mean, it's devious, actually, I thought you
00:03:28.400 may have noticed this or not. But when they lifted, and they did this throughout 2022, a bit ahead of
00:03:36.400 suspending and, you know, we need there's a different term, I mean, suspending is an ending way. But when
00:03:42.880 they suspended these vaccines as a precondition to travel the mandates around that, that was one thing,
00:03:51.760 but ahead of that, what they were doing was very, very devious. And when they were removing restrictions,
00:03:57.040 they dropped the distinction between vaccinated and unvaccinated. And they just started using
00:04:02.000 language such as, we're removing the requirement for, you know, testing or whatever for travellers,
00:04:08.720 for travel. And the same's happened in New Zealand recently, where it's, the media will report it as
00:04:15.840 New Zealand drops all mandates or conditions for travel. But that's not true. You still need to be,
00:04:23.280 for example, you still need to be proof of vaccination to go into New Zealand, and it happened
00:04:27.600 here. So people were just talking about travellers, the distinction between vaccinated and unvaccinated
00:04:33.040 travellers was dropped. And that almost sort of made people who were chosen not to have the
00:04:39.280 injections as if they didn't exist. When in reality, we all know that now people coming back into Canada,
00:04:45.200 who have chosen not to have the injections, you know, accosted at the airport by Public Health
00:04:52.400 Agency of Canada agents who, you know, will try to make them stay at home for 14 days and bombard them
00:05:00.720 with telephone calls and emails, even though these people don't have COVID, at no greater risk of
00:05:06.800 having COVID or transmitting it or infecting anybody else as somebody who has had the vaccinations,
00:05:12.720 which we now know to be true. And that's still not out there. Most Canadians probably still don't know
00:05:18.880 that that's being imposed upon the so-called unvaccinated Canadians. I think the government's
00:05:24.000 played very fast and loose with the law, it's been very devious with its use of language. And some days,
00:05:29.920 I think I'm in the middle of somebody's strategic flowchart, you know, some day.
00:05:35.200 Sorry, I would also question the logic of people who are asking why someone is reporting or talking
00:05:41.920 about a measure that's no longer in place, right? I mean, to me, that's the equivalent of saying,
00:05:46.960 why are we talking about a war that's no longer active? Or why do we talk about history at all,
00:05:51.360 right? The fact that something has come and gone doesn't mean that it should escape our consideration.
00:05:57.040 It doesn't mean that we shouldn't still be critical about the decisions that were made at that point in
00:06:00.560 time. And because that's the only way we're going to learn about how we're going to handle the next
00:06:04.560 type of crisis and what should and should not be acceptable public health measures.
00:06:08.080 Yeah, exactly. Absolutely. And, you know, speaking of which, I mean, do you think
00:06:13.040 there's going to be some kind of accountability down the road from the government? You know,
00:06:19.600 you know, it's happy we're trying to do it through, you're trying to do it through the courts,
00:06:23.600 but you think we'll see some change maybe at the ballot box? Do you think there's going to be any
00:06:28.320 kind of accountability? Well, I guess ultimate accountability is at the ballot box. We are
00:06:35.280 optimistic that we will see some accountability in court. As you know, obviously, the process is
00:06:40.800 still unfolding. So we're all, you know, just going through that process and being patient and we'll
00:06:44.960 see where that takes us. But I'm optimistic that this in conjunction with several other things,
00:06:50.880 you know, hopefully might get people a different result. Yeah. Sean, Carl?
00:06:56.080 I mean, there's a real opportunity here for the Canadian courts to, again, you know,
00:07:08.560 to step up and take and deal with this issue and not simply take a deferential bow to the federal
00:07:18.080 government. It's such a it's a complicated issue. But that's not a reason to just rely on what the
00:07:28.400 government says is being true, because the government says there's an emergency because
00:07:32.320 the government says it has to do this. This is an opportunity for real scrutiny. And it's an opportunity
00:07:38.720 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
00:07:51.680 1982. We're not talking about the US Constitution or the type of constitutional law that might
00:07:58.480 be in the UK and old democracies like that. There's a real, real moment here for, on the widest level,
00:08:08.240 for the Canadian judiciary to look at this and to reassure Canadians that this kind of casual
00:08:16.800 health-based discrimination isn't something that can take root in Canada. I hope they take that very,
00:08:24.480 very seriously and not show deference. I mean, certainly there are, we've seen some examples
00:08:31.760 recently. I've been sitting in the Supreme Court of BC, listening to the Chief Justice there, who's
00:08:37.920 due to make a hand down a decision in relation to proof of vaccination more widely in British Columbia.
00:08:46.400 And certainly some of the language that Chief Justice Hinkson was using in British Columbia
00:08:51.600 was encouraging insofar as it was clear that he understood the issues and wasn't just going to take,
00:08:56.880 wasn't just going to defer to government. He wasn't just going to, you know, accept what they were
00:09:01.840 saying. And he asked some difficult questions and made some interesting, interesting statements there.
00:09:08.960 And hopefully there's something, something good comes out of that. And with, I think we'd like to see
00:09:16.080 our case be heard. We'd like the, the, the judge who hears the, if there is, you know, there's going
00:09:22.080 to be an argument around whether this issue is moot or not. We'd like the judge who hears that case to
00:09:27.840 exercise his or her discretion, that this is of such public importance that they want to hear the,
00:09:34.080 the case and, and the, and the actual, the, the core issues and the merits and go ahead with the
00:09:38.400 hearing. And that will give Canadians an opportunity to hear it. It'll give the government an opportunity
00:09:43.440 to explain its thinking rather than try to push it under the.
00:09:48.480 And justify it too. Right. Yeah.
00:09:53.200 I mean, that, that's, sorry, Sean, I want to echo something Carl, uh, just said, I think it's,
00:09:58.960 it is, it is a very critical opportunity. And quite frankly, I think that difficult moments in our
00:10:03.920 political history like this, uh, are the best opportunities to decide very complicated and
00:10:11.520 difficult cases, because it's the point in time where people need the most guidance.
00:10:16.000 And it's likely the point in time where the government needs the most, um, scrutiny,
00:10:23.440 quite frankly, because it's moments of crisis breed a lot of uncertainty
00:10:28.320 and they breed a lot of panic. And those are frankly, the conditions in which we see a lot
00:10:32.160 of sweeping measures come into place. And, and I couldn't imagine a more appropriate time and place
00:10:38.080 to consider the constitutionality of these types of public health rationales. And right now,
00:10:41.840 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,
00:10:52.720 some of your viewers may not be aware of the, the mootness motion, but that that's my biggest concern
00:10:57.440 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
00:11:13.520 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.
00:11:24.400 And the fact that they're, they, they seem convinced, and I'll let Sam talk about this
00:11:28.640 more in legal terms, but that really concerns me. The fact that we may not even make it to a hearing
00:11:36.240 if they decide this case to be moot, how they can, how that he can even, it's mind boggling to me,
00:11:41.360 how they can even, how they can even contemplate that this is moot in the fact that these measures
00:11:49.040 have only been suspended. They haven't been revoked and they've made it very clear they can bring them
00:11:54.240 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
00:12:12.000 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
00:12:21.440 that the courts are not going to use the limited times and resources that they have, you know, to
00:12:25.680 decide disputes between parties that practically don't have any effect on their legal rights, right?
00:12:31.760 So they're not here for, you know, they're not here to have an Oxford debate with you, uh, or kind
00:12:35.760 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,
00:12:57.360 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,
00:13:06.320 there was a limit, which we, we argued was unconstitutional. By the time I got the responding
00:13:10.720 submissions from the government, the limit had been revoked. A couple of months later, it was back on
00:13:15.280 and then a couple of weeks before the hearing, it was revoked again. And it just so happens that
00:13:19.680 in this game of kind of musical chairs, you it's what chair you're sitting in last. And if, if, if
00:13:25.440 the public health policies are no longer in place at the specific point in time, you're speaking to the
00:13:31.360 court, uh, there seems to be a trend that they're not going to hear it. Um, so could that be one
00:13:38.640 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
00:13:57.360 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,
00:15:23.040 contracting business. And I just, um, I mean, there's a possibility if I came back and I followed
00:15:30.320 some of those instructions that you see people posting videos about right now, but I just can't
00:15:36.320 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
00:16:21.200 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,
00:16:38.160 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.
00:16:47.120 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.
00:17:32.240 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
00:18:36.240 of people who would qualify as fully vaccinated in that period of time, but would be reluctant.
00:18:42.000 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,
00:19:04.800 perhaps they might've misread.
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
00:22:58.240 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.
00:24:11.440 Take care. Bye.