Juno News - December 27, 2022


The state of civil liberties in Canada


Episode Stats


Length

37 minutes

Words per minute

174.90585

Word count

6,549

Sentence count

305

Harmful content

Misogyny

4

sentences flagged

Toxicity

3

sentences flagged

Hate speech

4

sentences flagged


Summary

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

Coming up, we check in with John Carpe of the Justice Centre for Constitutional Freedoms (JCCF) on the state of civil liberties in Canada. What happened in 2022, and what do we have to look forward to in the next year?

Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.000 Welcome to Canada's Most Irreverent Talk Show.
00:00:05.580 This is the Andrew Lawton Show, brought to you by True North.
00:00:10.820 Coming up, we check in with John Carpe of the Justice Centre for Constitutional Freedoms
00:00:15.460 on the state of civil liberties in Canada.
00:00:17.880 What happened in 2022 and what do we have to look forward to in the next year?
00:00:22.960 The Andrew Lawton Show starts right now.
00:00:26.540 Hello and welcome to you all.
00:00:28.500 This is Canada's Most Irreverent Talk Show here on True North, the Andrew Lawton Show,
00:00:33.280 as we continue talking about the big picture issues, a way to cap off 2022 and head into 2023.
00:00:41.280 And I think civil liberties has always been an issue in sharp focus, certainly on my show.
00:00:47.380 But I'd say this past year, there's been a fair bit more to unpack in that regard.
00:00:52.260 We had the Freedom Convoy.
00:00:54.080 We had, of course, the Responding Emergencies Act and the freezing of various bank accounts,
00:01:00.080 the limitation of protest rights.
00:01:02.220 And in general, I think beyond that, we've seen some people that have continued to face charges
00:01:07.100 and penalties of some kind for COVID infractions or supposed COVID infractions.
00:01:13.220 So even if a lot of the mandates and restrictions are by and large gone,
00:01:17.140 that doesn't mean we're out of the woods as far as the consequences of violating some of those restrictions are concerned.
00:01:24.380 So I wanted to do what we did last year and have a check-in with John Carpe,
00:01:28.400 who's the president of the Justice Center for Constitutional Freedoms,
00:01:32.160 which has taken up a lot of these cases and has just grown exponentially in the last couple of years.
00:01:38.180 Now, I should say, just in the interest of disclosure, I sit on the board of the JCCF.
00:01:44.000 Now, that's not why I'm doing this interview.
00:01:45.980 I would have done this interview regardless and was planning to regardless.
00:01:49.820 I actually just joined the board.
00:01:51.360 But I think it's important for you to have that context and understand that I am a supporter
00:01:55.680 of the organization's mandate and work.
00:01:58.820 But with that out of the way, John Carpe, it's great to talk to you, sir.
00:02:02.040 Thanks for coming on today.
00:02:03.860 Glad to be with you, Andrew.
00:02:04.760 Now, you and I spoke around this time last year in a very similar format.
00:02:09.960 And the review we had on the state of civil liberties in Canada for 2021 wasn't exactly great.
00:02:16.640 And I think the prevailing narrative that you and I talked about,
00:02:20.420 and that certainly we've both discussed in our respective jobs throughout the year,
00:02:23.700 has been that the COVID era has brought just absolutely unprecedented and continuous challenges
00:02:30.080 against civil liberties in Canada.
00:02:32.360 And of course, this year we have the Freedom Convoy, which is certainly a symbol of hope
00:02:36.360 for a lot of people, but also far more in the way of these government crackdowns.
00:02:40.440 We had the Emergencies Act.
00:02:42.460 We have ongoing criminal charges against Tamara Leach and Chris Barber.
00:02:46.740 We've got all of these offenses that pastors are still fighting.
00:02:50.680 But this year, especially in the last few months, it seems like a lot of these things are getting
00:02:55.060 dropped.
00:02:55.560 Not all, but it seems like a lot of these are getting dropped.
00:02:58.500 Do you think we're turning a corner finally?
00:03:00.260 Well, in a way, yes.
00:03:03.080 I mean, obviously, after the trucker convoy, Saskatchewan was the first province to drop
00:03:08.880 its get rid of lockdowns, followed thereafter by Alberta and then other provinces.
00:03:15.480 Quebec took a long time, but eventually even Quebec got rid of the curfews and mandatory 1.00
00:03:21.520 mask wearing and all of these things.
00:03:23.660 So that's a very real difference that we don't have our privacy rights violated every day
00:03:31.080 by being forced to provide private, confidential medical information to total strangers in
00:03:37.100 order to go into a restaurant and gym.
00:03:39.380 We've also had the travel mandates lifted, the mandatory use of the arrive cam.
00:03:48.380 That's gone.
00:03:49.640 People that have not taken the COVID shot can fly on airplanes.
00:03:53.080 So a lot of positive things, but still pretty scary when you have a federal government that
00:04:00.060 is entirely unrepentant about wrongful invocation of the Emergencies Act, using excessive force
00:04:09.320 to crush a peaceful protest, freezing Canadians' bank accounts, and moving forward with threats
00:04:16.960 to free speech.
00:04:17.680 So, you know, it's a mix of positive and negative that way.
00:04:23.040 I mean, you and I both suffer from the same general pessimism about some of these issues.
00:04:28.160 And I know it's difficult because both of us have to try to keep hope alive because, you
00:04:32.820 know, obviously there's no point in doing what we do if there isn't hope.
00:04:35.620 But did you even, with your pessimistic approach about some of these things, and I don't mean
00:04:41.120 that as a character judgment, but just in general, you're aware of the problems.
00:04:44.920 Did you imagine at the beginning of this year that we ever would have been in a situation
00:04:50.640 where protesters' bank accounts were being frozen by the government?
00:04:54.060 Like, is that something that you would have even put in your top 100 fears of potential
00:04:59.040 things?
00:05:00.880 Not this soon.
00:05:02.480 It is the type of thing that happens in a repressive regime, and Canada is going in the
00:05:08.200 wrong direction in terms of our fundamental rights and freedoms.
00:05:12.940 So, it's the type of thing that you, it's like, wow, this is, we have slid so far so
00:05:19.580 fast.
00:05:20.920 If you had asked me about it 12 months ago, right, in December 2021, you know, would the
00:05:26.340 government freeze the bank accounts of the Prime Minister's political opponents?
00:05:30.720 If the Prime Minister doesn't like your opinion, he's going to invoke the Emergencies Act and
00:05:36.080 freeze your bank account because you've donated to some group that he doesn't like.
00:05:39.640 Like, I would have said, well, you know, if we continue in the wrong direction for another
00:05:45.500 two or three years, it would get to that.
00:05:47.940 Well, it got to that in February.
00:05:51.740 Bank accounts frozen.
00:05:52.800 I mean, this is like a, it's a banana republic with polar bears.
00:05:56.520 One of the big dangers I see in the public opinion sphere on this is that there are a lot
00:06:03.340 of people in this country that can't separate their dislike of a particular group or particular
00:06:09.260 person from what they believe the law should be.
00:06:12.660 And I think the vaccine passports are a great example of this. 0.96
00:06:15.520 People that say, well, I'm vaccinated.
00:06:16.860 I don't really respect people who aren't vaccinated. 0.96
00:06:18.900 So, I don't care if they're denied the right to board a plane.
00:06:21.880 Or with free speech, people that say, you know, I don't like what that person says.
00:06:25.700 So, I don't really care if their free speech rights are trampled upon or curbed in some
00:06:31.100 way.
00:06:31.620 And with the convoy, there was a fair bit of that, I think, as well.
00:06:35.200 You know, well, you know, I didn't like the protest.
00:06:37.320 The Emergencies Act came in.
00:06:38.480 The protest was disbanded.
00:06:40.000 So, I don't really get too bothered by it.
00:06:42.060 But there did seem to be from that a group that emerged in between that was a bit more
00:06:47.860 on that principled side of, I may not like the protest, but I think this was an overreach.
00:06:53.000 And I was wondering if you had a sense of how large that group was and, you know, whether
00:06:56.980 you believe that, generally speaking, Canadians did respond to the Emergencies Act the way
00:07:01.740 you would have wanted them to.
00:07:03.440 Well, one manifestation of what you just described was that the Canadian Civil Liberties
00:07:08.940 Association, which has been supporting the violation of charter rights and freedoms by
00:07:15.040 way of lockdowns for the past, you know, two and a half going on three years, or at least
00:07:19.760 maybe not supporting, certainly not opposing in any meaningful way, these massive violations
00:07:25.520 of our freedom of association.
00:07:27.180 Yeah, I don't think I would say they supported it, but they certainly weren't sounding the
00:07:30.600 alarm about it and definitely not in the way you were.
00:07:33.800 Right.
00:07:34.120 So, they, yeah, exactly.
00:07:35.400 So, they, and what was interesting is with the Public Order Emergencies Commission, so
00:07:40.980 that, which I prefer to call it the public inquiry, it's a little bit of a shorthand
00:07:45.920 term, the public inquiry into the use of the Emergencies Act, the Canadian Civil Liberties
00:07:51.120 Association was present and was concerned about the federal government overreach.
00:07:56.660 So, that to me shows that there's a difference there, that there, I think that is representative
00:08:02.780 of some Canadians who may have not opposed lockdowns, but when the government so trivially
00:08:09.860 in such cavalier and completely unnecessary fashion invoked the Emergencies Act, that for
00:08:16.240 a lot of Canadians, that was a bridge too far. 0.56
00:08:19.280 And a lot of people did, even if their own bank account was not frozen, there was a bit
00:08:23.320 of a run on the banks, which is apparently why the Prime Minister changed course, because
00:08:27.760 there were so many banks were getting cleaned out, because there's a lineup of people wanting
00:08:32.760 to take their cash out.
00:08:35.840 Yeah, and that was interesting as well, and I don't know how closely you followed, because
00:08:41.020 I know you've got other cases you're working on right now, but the day-to-day of the Public
00:08:45.060 Order Emergency Commission, but some of the details about the conversations that Chrystia
00:08:48.840 Freeland, the Finance Minister, had with bankers were quite interesting.
00:08:52.780 And it was actually quite unfortunate, because you had a couple of the banking CEOs that we
00:08:57.460 saw in meeting minutes were saying, you know, designate these people terrorists.
00:09:01.800 Let us, you know, completely throw the book at them.
00:09:03.880 And there was only one banking CEO on that call that said, hang on, why are we weaponizing
00:09:08.460 banks against people?
00:09:09.480 Maybe what you should actually do is announce a transition out of mandates.
00:09:13.280 And it was not made public who that banker was, but I'm like, man, I want to transfer my
00:09:18.340 accounts to that guy's bank.
00:09:19.680 I think tyranny requires either the support or at least the acquiescence of a lot of people.
00:09:28.780 The greatest evils in history take place when there's cooperation, right?
00:09:34.160 If you're one person or a small group and you're trying to do something evil, you're not
00:09:41.320 going to get very far unless you get a lot of cooperation.
00:09:43.520 And so it's tragic and very sinister to see banks that have apparently zero respect for
00:09:52.980 their customers and that are just this totalitarian mindset that let's just crush anybody who gets
00:10:00.960 in the way of what the government has deemed to be some important objective.
00:10:06.480 And that's just the biggest task for those of us who love freedom.
00:10:13.300 The biggest task is the ongoing project of educating and re-educating Canadians about our
00:10:21.880 rights and freedoms and why the free society is superior to a repressive regime, be it, you
00:10:29.760 know, communist, fascist, Nazi, theocratic, what have you.
00:10:34.880 There's many different varieties of repressive regimes.
00:10:38.700 But their common characteristic is a lack of respect for our fundamental freedoms and human
00:10:44.720 rights.
00:10:45.120 One of the real dangers I saw coming out of the COVID era is that the government was the
00:10:52.360 one that put these mandates and restrictions in place.
00:10:55.620 But in almost all cases, it wasn't the government that was responsible for enforcing, well, enforcing
00:11:02.020 in the broadest sense, but the day-to-day enforcement of it fell on other people.
00:11:06.540 I mean, for example, vaccine passports were by and large enforced by 16-year-old restaurant
00:11:13.060 hosts and hostesses.
00:11:14.540 And, you know, the vaccine mandate for air travel was being enforced by airlines.
00:11:18.500 And you had all of these different restrictions and mandates were in place that fell on other
00:11:23.680 people, mask mandates. 0.85
00:11:25.080 It was the businesses that had to go along with these.
00:11:27.800 And I've always taken the view that I don't personally fault businesses that did what they
00:11:32.800 had to to survive.
00:11:34.640 They were in a very difficult situation.
00:11:36.420 They came out of this.
00:11:37.540 And now the government's saying, we're going to fine you $20,000 or take away your business
00:11:41.540 license if you let unvaccinated people do it.
00:11:44.260 But I commend those that took a stand and said, I'm not going to go along with that.
00:11:48.360 But it was, I think, the real insidious part for me, where government was putting these things
00:11:53.280 in place, but it fell on other people to turn on each other.
00:11:58.120 Well, we saw a very unhealthy snitch culture that emerged early on in 2020 when the kind of
00:12:08.780 the first wave of lockdown measures, we had people, you know, getting a ticket for sitting
00:12:13.600 on a park bench.
00:12:14.740 We had this frightening yellow crime scene tape put around playgrounds.
00:12:22.880 I mean, and the snitch lines were alive and well, because there's a dark side to human
00:12:28.340 nature.
00:12:28.660 There are people who agree with oppression.
00:12:36.180 They think it's good for the government to treat us like sheep, treat us like farm animals
00:12:40.420 and tell us exactly how to live and what to think.
00:12:45.360 There's a book called Escape from Freedom, might be called Flight from Freedom, one of the
00:12:49.540 two.
00:12:49.960 And it's by Eric Fromm, F-R-O-M-M.
00:12:52.640 And he wrote in around 1943, and he wrote about the Nazi regime in Germany, and he said
00:13:00.940 there are many Germans that enthusiastically gave up their rights and freedoms because life
00:13:08.840 can become a little bit easier if somebody else tells you how to live and what to think,
00:13:13.760 what's important and how you should live your life, what goals and objectives you should
00:13:19.820 have.
00:13:20.240 So there were a lot of Canadians, they liked the COVID, they liked the lockdowns because
00:13:25.380 it gave them a sense of meaning and purpose.
00:13:28.020 And it was Big Brother, you know, alleviating you of your responsibility to have to think
00:13:33.760 about what is actually important in life.
00:13:37.120 The government's going to tell you, the important thing is that we put all of our time, effort
00:13:43.240 and energy into, you know, this quest to stop the spread of a virus, and no matter how much
00:13:51.020 it costs, no matter how much harm is inflicted.
00:13:54.080 So some people like that.
00:13:55.520 They want somebody else to do their thinking for them.
00:14:01.100 Yeah, and that was the real danger.
00:14:05.680 And that's the part that I think will, I fear, outlive COVID.
00:14:09.460 It's a situation in which we've basically just abdicated some of the most fundamental
00:14:14.400 decisions in our lives.
00:14:15.880 I mean, something as fundamental as what we put into our body to the government.
00:14:20.280 And when you do that, you're licensing the government to make a heck of a lot of other
00:14:24.640 decisions for you.
00:14:25.560 And I mean, for the longest time, my hill to die on has always been free speech.
00:14:29.560 And, you know, that was the issue.
00:14:30.800 And I think that a lot of these things are connected.
00:14:32.880 Because again, when you're talking about free speech, the question is, do I think I
00:14:37.160 should be responsible for determining the limits of my speech?
00:14:39.680 Or do I think government should?
00:14:40.900 And there are a lot of people completely willing to give that up.
00:14:45.980 It goes back to Mr. Frum's book, that not everybody loves and cherishes freedom.
00:14:54.100 And I think our rights and freedoms are safe only to the extent that they are understood
00:14:59.940 by Canadians in our minds and cherished in our hearts.
00:15:03.760 And apart from that, no court, no judge, no charter, no constitution is going to save you.
00:15:13.840 I'm sure you've heard the old saying, I don't know who came up with it, but the price of
00:15:19.580 liberty is eternal vigilance.
00:15:23.440 So we always have to be vigilant.
00:15:26.760 And I think that the last two and a half years have exposed how far we've declined in our
00:15:35.100 appreciation of the free society.
00:15:38.640 Yeah, and I also think that a big dimension here is, what does your car do when you take
00:15:45.760 the hands off the steering wheel, metaphorically?
00:15:48.300 Does it drift a little left?
00:15:49.600 Does it drift a little right?
00:15:50.660 Do you keep going?
00:15:51.460 And the neutral direction that society seems to be headed is one that is towards less freedom.
00:15:57.560 I think if people that stand up for freedom stop doing so, they're going to continue to
00:16:03.080 lose.
00:16:03.320 So the left has that advantage that just the natural order of things seem to shift in its
00:16:08.020 direction.
00:16:08.620 And the corollary to that is that conservatives are always swimming upstream.
00:16:12.720 And when we stop swimming, we just get right back to where we started.
00:16:16.440 And it's exhausting.
00:16:18.020 And I know you are on the front lines of this in the legal sense, and your team is just growing
00:16:23.420 and growing and growing.
00:16:24.500 And you put out one fire, and in the time that it's taken you to do that, three more have
00:16:29.320 popped up somewhere else.
00:16:30.580 I don't, I think there's been a big realignment that the traditional left, right thing has
00:16:39.800 broken down to some extent.
00:16:42.540 I, a few months ago, I had lunch with a lawyer who's based in Vancouver, who has done lots
00:16:50.800 of labor law, lots of human rights law, and very progressive, probably voted NDP all of
00:16:57.900 her life, I didn't ask, but just kind of reading between the lines.
00:17:00.880 You got that sense.
00:17:02.020 Yeah.
00:17:02.420 Yeah.
00:17:03.340 And she was so disappointed in her colleagues not standing up for fundamental human rights,
00:17:11.120 like this basic idea that, you know, we're, we're not going to get terrorized by by false
00:17:17.460 information that the government's putting out.
00:17:20.320 And when I say false information, just this whole notion that COVID is as dangerous as
00:17:26.720 the Spanish flu of 1918, which is not true, that there are no treatments for COVID other
00:17:32.600 than lockdowns and vaccines, which is not true, that the vaccine is effective, which I
00:17:38.680 think, you know, when people left, right and center are getting sick with COVID.
00:17:42.780 There's limits to how effective these, these vaccines are, that the vaccines are safe, when
00:17:49.160 there is no long term safety data, that that lockdowns are wonderful, and not causing much
00:17:55.520 harm.
00:17:56.020 All of these government lies were the pretext for taking away fundamental rights and freedoms.
00:18:01.480 So this, this left wing lawyer that maybe three years ago, she and I, our paths would not
00:18:07.580 have crossed because I'm, you know, big on the charter freedom, smaller government, you know,
00:18:12.780 and she's moved for big government, but she's passionate about how we need to win back these rights
00:18:20.240 and freedoms that we've lost.
00:18:21.700 And she's very disappointed in her human rights lawyers, labor lawyers, all of these people that
00:18:31.280 she's associated with for decades, she's very disappointed in them.
00:18:35.200 And she's, she and I are sitting down for coffee together, and we're on the same side.
00:18:40.480 We want our rights and freedoms back.
00:18:42.480 So there's been, there's been a realignment.
00:18:44.560 And certainly you've seen governments that with a so-called conservative name, especially in Quebec,
00:18:51.900 right, the Coalition Avenir Québec is, is supposedly a conservative party, right, not a left wing party.
00:19:00.240 And Quebec had the worst lockdown restrictions in Canada.
00:19:04.660 So yeah, just a bit of a twist or a spin on that, that the left wing versus conservative
00:19:12.780 is kind of, it's still there, but it's in the background a bit, I think, because there's
00:19:18.820 lots of people who would call themselves left wing that are against, totally against the tyranny
00:19:23.600 that we've experienced in the last two and a half years.
00:19:26.100 And there's lots of right wing people that have been enthusiastic cheerleaders for all
00:19:31.640 of these human rights violations.
00:19:34.280 Yeah.
00:19:34.820 And I mean, there's that old sort of observation that the political spectrum is not a straight
00:19:39.200 line.
00:19:39.580 And I think you also have to work in some things like authoritarianism.
00:19:44.020 And I don't even mean that in a style of government, but as a personality trait.
00:19:48.000 And, and there are people on the left and the right that have that authoritarian impulse.
00:19:51.780 And, and, uh, as you know, the flip side of that people on the left and right who don't.
00:19:56.540 And I think that that was a big part of why there's been this coalescing between libertarians
00:20:02.480 and social conservatives in the last couple of years, because, you know, you had a lot
00:20:06.160 of these libertarians who may or may not be particularly religious that are saying, yeah,
00:20:10.900 you know what?
00:20:11.320 I, I support your right to keep your church open.
00:20:13.860 And then you had a lot of, you know, supposedly religious, you know, traditionalist law and order
00:20:18.280 conservatives that said, we're going to shut down your church. 0.97
00:20:21.280 And I think Danielle Smith is a great example of this.
00:20:23.600 She's not a social conservative, but I think a lot of social conservatives have found a
00:20:27.380 lot more in common with her on the question of liberty than they have with Jason Kenney,
00:20:32.700 who is, uh, demonstrably a social conservative in, in, uh, many of his statements, but that
00:20:37.640 wasn't how people felt his government was behaving.
00:20:41.820 Yeah.
00:20:42.300 Well, Daniel Smith has, uh, spoken out against human rights abuses, uh, a lot more than, uh,
00:20:49.460 say the Catholic bishops in Alberta.
00:20:51.500 They were pretty much silent when we were being degraded and dehumanized by having to
00:20:57.540 reveal personal, private, confidential medical information to total strangers, uh, becoming
00:21:03.300 second-class citizens, uh, for, uh, for anybody not getting this, this vaccine for which there's
00:21:09.740 no long-term safety data.
00:21:10.900 And, uh, and, uh, you know, with few exceptions, most churches cooperated with this.
00:21:16.040 And then we have somebody who's, as you say, quite accurately, not a social conservative
00:21:21.180 is saying, Hey, this is, uh, this is not right.
00:21:23.360 She said, these are the worst human rights abuses that she has seen in her lifetime.
00:21:29.140 And I think that that's, uh, that's entirely true.
00:21:32.360 I mean, you'd have to go back, uh, quite a few decades, uh, to, uh, to, to, to, to, to
00:21:39.180 see this kind of abuse, even, even the battles that were fought in the fifties and sixties
00:21:44.720 and seventies, uh, where, you know, for, for women, for visible minorities, for LGBTQ, uh, 0.75
00:21:52.960 this whole notion of, of equality and we have human rights, uh, legislation to protect these
00:21:58.760 groups from, from discrimination.
00:22:00.320 Uh, when was there a time in Canadian history when you had to, uh, uh, because of your skin
00:22:08.440 color or your gender or your sexual orientation, you were barred from restaurants and,
00:22:14.720 and, and gyms and participating fully in society.
00:22:17.660 You'd have to go back a long ways in time to come up with actual real examples of that.
00:22:23.800 And here, uh, just within, within the past 12 months, uh, people were subjected to, to
00:22:30.680 that kind of, uh, degradation.
00:22:33.220 And that was everybody, by the way, it wasn't just people that didn't get this COVID vaccine.
00:22:36.940 If you did get the COVID vaccine, you also had to be subjected to telling some, you know,
00:22:41.960 16 year old hostess at a restaurant, uh, personal, private medical information.
00:22:46.820 It's absolutely outrageous.
00:22:48.500 And one of the things that justice center is going to keep on doing is we're not going
00:22:51.700 to forget about this because it's incredibly dangerous.
00:22:54.520 There's some people that say, well, I don't want to talk about it.
00:22:56.620 You know, it's, it's over and done with, well, maybe you don't want to talk about it,
00:22:59.960 but if we don't talk about it and think our way through as to, uh, how we went wrong and
00:23:07.960 why and where we're going to repeat exactly the same errors.
00:23:12.180 And we're going to have a situation in 2023 where the government comes up with something
00:23:15.940 else that's scary, maybe, uh, maybe another virus, maybe something other than a virus.
00:23:21.260 And the government's going to go, oh, look, here's this really scary thing.
00:23:23.920 So give up, give up all your rights and freedoms so that we can protect you from this scary
00:23:28.680 thing.
00:23:29.580 And that is the narrative that we have to, uh, watch out for and get rid of.
00:23:33.740 We know that, you know, takes time to navigate through the justice system.
00:23:39.240 So as I understand it, there has not been, uh, any Supreme court of Canada ruling on a
00:23:45.220 lot of these COVID mandates.
00:23:46.360 Do I understand that correctly?
00:23:48.920 Yes.
00:23:49.480 Although the chief justice, unfortunately has made it very clear publicly, uh, where he
00:23:54.140 stands on vaccines, having announced proudly that, that he and his colleagues and all the
00:23:58.840 Supreme court staff are vaccinated.
00:24:01.140 Um, and he also spoke inappropriately, uh, against the, uh, peaceful protests in Ottawa
00:24:07.720 in February, but I remember that, yeah, by saying they caused chaos.
00:24:12.360 Well, he is entitled to his opinion, but as a judge, you should not be making those kinds
00:24:16.720 of pronouncements, uh, ahead of time when it's very, it's quite possible that the Supreme
00:24:21.920 court will have before it, the justice centers court action that we filed in February, uh, seeking
00:24:28.340 a declaration that the prime minister had no legal basis for declaring a national emergency.
00:24:34.780 That's a court action.
00:24:35.780 That's now in federal court trial division.
00:24:38.120 It's very likely to go to the court of appeal because whoever loses, whether that's us or
00:24:42.580 the government, uh, is going to, you know, appeal it to the court of appeal.
00:24:46.060 After that, it could go to the Supreme court of Canada.
00:24:49.460 So, um, but, but you're, you are correct.
00:24:51.900 There have not been any Supreme court of Canada rulings, uh, directly on, uh, lockdowns or
00:24:57.860 mandatory vaccination policies.
00:25:00.200 Are, are we expecting that this year or is it still perhaps a couple of years out to get
00:25:05.460 some of these bigger cases up to that point?
00:25:08.320 I know this past year, of course, there was the vaccine mandate trial, which the federal
00:25:12.540 court had unfortunately determined was moot, despite the government's own language saying
00:25:16.760 it was, uh, just a temporary suspension.
00:25:19.100 But are you expecting that this year on, on some of your bigger cases?
00:25:22.900 I think it'll be another year or two before anything goes into the Supreme court of Canada,
00:25:27.800 just the, just the trial division or the first, the first court that you go into the litigation,
00:25:34.820 typically you're lucky to get a judgment in less than two years.
00:25:38.080 Um, you know, and, and, and three or four years is not uncommon when you've got all the
00:25:44.460 procedural steps.
00:25:45.780 This, by the way, this is a serious problem in Canada that, that governments need to correct.
00:25:49.940 We need more judges and more courtrooms.
00:25:51.840 The reason we have this sort of permanent backlog, the reason it takes years instead of months
00:25:56.320 to have your court case heard and get a ruling is because we don't have enough judges.
00:26:02.740 Uh, and secondarily, I don't know if we have enough courtrooms or not, uh, but we don't
00:26:09.340 have enough judges in Canada and, and it's, it's a disgrace and it's a shame because it
00:26:16.020 should take months, not years, uh, whatever your, whether it's a criminal law thing or
00:26:22.000 family law or constitutional law or civil litigation, you know, somebody cheated you out of a thousand
00:26:27.800 dollars in a contract, whatever the court action is, we should be able to get a decision,
00:26:34.300 even a decision you might not like, but at least there's resolution, right?
00:26:37.660 We should be able to get a decision in months, not years.
00:26:40.500 And so that's, that's a big problem that, that, that, that the, uh, the federal government
00:26:46.100 primarily, but the provinces as well need to fix.
00:26:49.200 What are either on specific cases or even just in general policy discussions that are coming
00:26:54.540 up, uh, what is it you're looking out for in the year ahead?
00:26:57.420 I know in February, we're going to have the report from the public order emergency commission.
00:27:01.040 And as I've said to listeners, I, I think you need to lower expectations, not that the
00:27:05.820 decision that he releases, the commissioner will, will be a good one.
00:27:09.340 It may or it may not, but even if it is just this scathing indictment of the government, it
00:27:13.720 doesn't actually on its own come along with any action or consequence.
00:27:17.640 So, uh, that will fall on politicians and by extension Canadians to determine, but is there
00:27:23.040 anything else that you have that's on your radar for the coming year?
00:27:25.500 Well, we're hopeful that, um, the dismissal of Brian Peckford's court action is going to
00:27:31.440 be reversed.
00:27:32.820 Uh, we think it's absurd that government should be able to turn our rights and freedoms on
00:27:38.560 and off like a light switch, you know, on, off, on, off, and turn off our freedoms.
00:27:43.060 Uh, and then when a government gets sued and litigation is not going very good for the
00:27:48.280 government, uh, which is what happened in Brian Peckford's case, we had government officials
00:27:52.300 admitting under oath that there was no medical or scientific basis for banning unvaccinated
00:27:58.200 Canadians from airplanes.
00:27:59.520 That was thanks to the justice centers court action.
00:28:02.200 This becomes public.
00:28:04.460 And, um, so we're, we're hoping that the federal court of appeal will reverse that decision because
00:28:10.460 certainly these, uh, violations of their millions of Canadians had their mobility rights taken
00:28:16.800 away.
00:28:17.140 Uh, they're in, in charter section six, the right to enter and leave Canada freely, the
00:28:22.440 right to travel within Canada, uh, those rights are violated on a massive scale.
00:28:26.900 So we're, we're hoping for reversal and, um, uh, that, that Mr. Mr. Peckford is going to
00:28:32.780 get a ruling, hopefully a favorable one, but at least get a ruling that he deserves.
00:28:37.680 Yeah.
00:28:39.900 And I mean, that was the particularly, I I've said on the show time and time again, and
00:28:44.140 if I've said it to you, please, uh, I beg your pardon on it, but you know, the mootness
00:28:47.980 thing has always bothered me because government will use this, get a court action off the table
00:28:52.560 and then repeat the identical behavior later on.
00:28:55.560 I mean, a personal example in my case is in 2019, when we had, uh, the JCCF representing,
00:29:01.100 uh, true North, uh, and, uh, there was also rebel in that case on the leaders debates commission
00:29:06.660 and our exclusion from the debate.
00:29:08.640 It, we're trying to get a ruling on the record after the election was over because we won
00:29:13.160 the injunction and then the government says, no, no, no, it's moot.
00:29:17.040 The federal court agrees.
00:29:18.360 And then the same thing happens in the 2021 election with a bunch of rebel reporters.
00:29:24.140 They're denied.
00:29:24.740 And the vaccine passport for air travel, same thing.
00:29:27.980 This is a case where the government by its own language could be bringing this back, but
00:29:32.240 still they say, oh, no, no, no.
00:29:33.520 It's moot.
00:29:34.020 It's academic.
00:29:34.840 No point going through it.
00:29:36.060 And a court buys into it.
00:29:38.220 It's tragic on, by the way, in the, in the 2021 election, uh, did the rebel apply for,
00:29:44.340 uh, go to court to get themselves back into status or standing and, and were they successful?
00:29:50.400 Yeah, they got an injunction and they were able to go in.
00:29:52.380 And I, I don't, I don't recall what happened after that.
00:29:54.820 I think they've tried to proceed with the case, but I, I'm not aware of a trial or anything.
00:29:58.720 Okay.
00:29:59.000 Well, you know, I wish them well, and I hope that they can refer to, uh, the, the other
00:30:05.320 cases to show like that, that, yeah, for, for elections.
00:30:08.540 I mean, just because the election's over does not mean that the government should not be held
00:30:12.640 to account for excluding media that it dislikes, you know, media that are not government funded.
00:30:18.280 It's just, it's, uh, it's outrageous.
00:30:23.240 It is.
00:30:23.940 And I mean, we have obviously organizations like the JCCF that are on the front lines of
00:30:28.940 this, as I said.
00:30:29.760 And I, I mean, the, the, the, the laughable part of this is that I am speaking for you
00:30:34.640 here and you can correct me if I'm wrong, but I'm sure you would love to have no work.
00:30:38.420 I'm sure you would love to be able to say mission accomplished, no need for the justice
00:30:41.600 center.
00:30:43.540 I get asked sometimes, you know, John, you must be really happy with the growth of the
00:30:47.780 justice center the last two and a half years.
00:30:49.640 And my response is always, well, I mean, sure, I guess, however, why has the justice center
00:30:55.720 grown because governments have been so disrespectful of our fundamental charter rights and freedoms
00:31:02.300 that we've had adequate funding to expand the number of lawyers and, um, uh, so on and so
00:31:09.920 forth.
00:31:10.620 But I, I think, I think it's important to be engaged in, in the battle.
00:31:15.280 It's, it's, um, you can't win them all.
00:31:19.040 Uh, we've had a lot of success with our ticket cases.
00:31:21.960 Uh, there have been, uh, in British Columbia, uh, in every province in Canada, we've seen
00:31:27.260 the crown back away from, uh, tickets that people, you know, got a $5,000 ticket for not
00:31:33.640 using a Rivecan app or, uh, the, you know, $2,000 ticket for peacefully protesting outdoors.
00:31:40.960 Uh, all, all these tickets being withdrawn because we're in court every day.
00:31:45.960 We're challenging the crown and we're saying to the crown, if you want to proceed to trial,
00:31:49.780 we're going to subpoena the chief medical officer to come into court and justify the health
00:31:54.840 orders.
00:31:57.380 This is so difficult because, you know, a lot of the people that I've met in this country
00:32:02.500 get, they, they get so sucked into this idea of, you know, they are concerned about COVID,
00:32:07.540 they support the vaccine, all of that's absolutely fine, but you should be able to at the same
00:32:12.320 time, hold those beliefs and stand up for civil liberties.
00:32:14.620 And are you finding that when you talk to people, when you go out that, that you're able
00:32:18.300 to, to make that case?
00:32:20.980 I mean, yes and no, you know, this gets back to an earlier point about, and it's, it's so
00:32:26.040 true that, that people have a tendency to, to be short-sighted, look only at their own,
00:32:31.940 um, look only at, at, at their own personal rights and freedoms and not think through the
00:32:38.680 implication.
00:32:39.500 Give you an example.
00:32:40.600 There's this, uh, social conservative activist that you've probably heard of named Bill Watcott.
00:32:46.620 But, and I remember vividly about 10 years ago, he was on a university campus and he was 0.97
00:32:52.300 handing, he hands out these, these tracts and flyers and he says that, you know, gay sex 0.98
00:32:58.020 causes these different diseases. 0.95
00:32:59.480 And he's got photos of various human body parts and what the diseases do to the body parts,
00:33:04.700 very offensive flyers.
00:33:05.840 So he was handcuffed, uh, and, and put into a car because he refused to leave campus.
00:33:12.900 And as he's being led away in handcuffs and being put into a police car to be escorted
00:33:17.340 off campus, there's a group of students watching and they cheered and they applauded.
00:33:22.480 And I thought, don't you get it?
00:33:25.720 If, if the authorities have the power to, uh, handcuff somebody and, and force them and
00:33:30.980 move them off of a university campus because his speech has disliked and unpopular, if the
00:33:37.600 authorities have that power, do you not realize that, you know, 30 years from now, 10 years
00:33:43.820 from now, or tomorrow morning, if you have an opinion that is not popular, the authorities
00:33:48.860 have, then evidently can handcuff you and escort you off campus, uh, because you're expressing
00:33:56.760 an unpopular view.
00:33:58.380 Uh, it's the same thing with firearms ownership.
00:34:00.640 Uh, I'm not a firearms owner, but I think it's absolutely frightening that the government
00:34:06.380 would attack a legitimate hobby that many Canadians pursue.
00:34:13.720 They pursue it safely.
00:34:15.240 Uh, law abiding, uh, firearms owners that millions of Canadians are, pose no threat, no danger.
00:34:22.140 And you got this government crackdown to confiscate their, their property in some cases, even without
00:34:27.460 compensation.
00:34:28.880 And now a lot of people will, I'm not a firearms owner.
00:34:33.000 I don't care.
00:34:34.020 Well, if the government can confiscate somebody else's private property that they have purchased
00:34:39.560 a legal product in good faith with their money, uh, they are enjoying that, that product,
00:34:46.500 that item, they're enjoying their hobby.
00:34:48.460 It is safe.
00:34:49.480 It doesn't endanger anybody.
00:34:51.520 And, and the government's going to, uh, you know, take away their hobby that, that their
00:34:58.020 interests, their pastime, their activity.
00:34:59.660 And, and by the way, for some, for some firearms owners, like for farmers, it's a necessity.
00:35:03.860 If you've got a, a cow that's crippled because if she fell into the ditch or something, you
00:35:09.000 want to have a gun available to put the cow out of her misery, uh, immediately. 1.00
00:35:14.720 Okay.
00:35:15.200 So there's, there's real life examples.
00:35:16.460 And, and, and, and in, in parts of Canada, you need a gun to defend yourself against a
00:35:20.860 bear or, or some other animal that might attack you, uh, or rural Canadians where it
00:35:26.800 takes 45 minutes for the police to show up because you're in some far off acreage, et
00:35:32.140 cetera, et cetera.
00:35:32.720 So it's, it's also a serious need, uh, but for most people, it's a hobby, but if, if
00:35:38.000 the government can, uh, take away somebody else's private property and prevent them from
00:35:44.320 engaging in a safe, peaceful hobby, well, the government can also do that to you.
00:35:50.640 So this is part of the, the ongoing educational thing that you have to stand up for the speech
00:35:56.040 that you don't like for the hobbies that you don't like, uh, for the associations that
00:36:00.580 you don't like for the, uh, religious beliefs that you don't like.
00:36:07.860 That's the key to, to, uh, to defending the free society.
00:36:10.980 Yeah. And as, as Mark Stein has said, you don't need protections for speech that everyone enjoys
00:36:16.180 because there's no threat of censoring it. You need free speech for the speech that you deplore.
00:36:20.340 And I think that dovetails nicely on what you said, which is a great point to end on and hopefully
00:36:25.300 something that can give people a little bit of hope and encouragement as we head into the new year.
00:36:29.940 John Carpe, president of the JCCF. Thanks so much for your time. As always, John, keep up the great work.
00:36:35.780 Thanks, Andrew. Have a great day.
00:36:37.540 That does it for me. And as I said at the beginning, just so no one is, uh, thinking there's any funny
00:36:43.780 business, I want to disclose. Yes, I am on the board of the JCCF. Although I should say I invited
00:36:49.700 John to do this interview before I was on the board. I don't think that's why they put me on the board.
00:36:54.580 I'm just saying that it's an organization that I have covered a lot and will continue to, although always
00:36:59.860 with that a little disclosure there. Uh, we have to wrap up there. My thanks to all of you for tuning
00:37:05.220 in to this program back tomorrow with another edition. And then that's it for the year. I know it has just
00:37:11.300 flown by. Hope you all have a great day though. Thank you. God bless. We'll talk to you soon.
00:37:15.700 Thanks for listening to the Andrew Lawton Show. Support the program by donating to True North at www.tnc.news.
00:37:24.580 www.tnc.news.com