Western Standard - May 10, 2022


John Carpay, President of JCCF updates on their current cases.


Episode Stats

Length

18 minutes

Words per Minute

156.43883

Word Count

2,822

Sentence Count

145


Summary

In this episode, we discuss the use of injunctions to enforce health and safety laws, including those that prevent people from exercising their First Amendment rights, as well as those that allow police to arrest and detain people who don't comply with those laws.


Transcript

00:00:00.000 Well, we've got the Brian Peckford litigation challenging the federal travel mandates.
00:00:07.280 Canada is one of the few countries in the world now that has any restrictions left on travel.
00:00:13.720 Even, you know, Greece and Switzerland are recent examples of countries that just within the past week, you know, have dropped their restrictions.
00:00:25.140 I mean, these are utterly unscientific.
00:00:28.300 The vaccine manufacturers themselves have stated publicly that the vaccines don't stop the spread.
00:00:35.080 And everybody knows this.
00:00:36.440 We know this from our experiences with the Delta variant, with the Omicron variant, that vaccine does not stop the spread.
00:00:43.600 So I think it's a political punishment that Trudeau is meeting out to the unpopular minority of people that have not taken the COVID shots.
00:00:55.580 So that case is moving ahead.
00:00:57.300 That is significant.
00:00:59.240 Here in Alberta, we've just announced that we are representing a student who is filing a human rights complaint against NAIT, Northern Alberta Institute of Technology in Edmonton,
00:01:10.440 which in a very arrogant and cavalier fashion denied a student's request for a religious exemption and simply declared essentially that his religious objection just wasn't valid, as if that institution is able to get into his mind and heart.
00:01:30.740 So that's another one of our case.
00:01:31.740 So that's another one of our cases.
00:01:35.680 Good news in Calgary.
00:01:37.340 The city of Calgary, the city of Calgary filed an injunction application to ban peaceful protests.
00:01:45.680 Sorry, not to ban peaceful protests, but to make it possible for police to immediately arrest and handcuff and imprison somebody if they honk their horn too loud or if they were outside of a designated area downtown.
00:02:06.920 So that was positive development and very, very sinister on the part of the city to have sought and obtained that injunction ex-party without notice to anybody, secret court application to secure an injunction.
00:02:22.760 And now the city has just said, OK, we're abandoning that.
00:02:26.860 I think some people have speculated, though, also with the city abandoning that is that they were worried that they might feel compelled to apply it to people celebrating hockey on the Red Mile down there.
00:02:36.280 And they didn't want to get into that sticky situation.
00:02:38.900 So they just kind of quietly dumped it and backed off.
00:02:41.580 It wasn't really a good point of principle.
00:02:43.620 It was more, I mean, a good outcome is a good outcome, no matter what the reasoning.
00:02:47.120 But it's unfortunate it was ever imposed in the first place.
00:02:49.820 Well, what's interesting about the city of Calgary injunction is it ties in with the with the same issue that we saw with with pastors getting jailed in Alberta over not complying with the health orders.
00:03:05.460 And Premier Jason Kenney has said, well, you know, I can't interfere with what Crown prosecutors are doing.
00:03:11.800 I can't interfere with with the rulings of judges, which is true.
00:03:16.620 But there's a there's a very specific reason why in Alberta we jailed pastors, whereas in other provinces did not jail pastors.
00:03:26.280 And the reason is that Premier Kenney's government went to court like what the city of Calgary has done.
00:03:33.760 They went to court to get an injunction to enforce the health orders.
00:03:39.100 And what that does is it transforms your regular, ordinary law enforcement where a public health officer or a policeman might give you a ticket for violating one of the silly COVID rules.
00:03:57.720 And then you get to plead not guilty to the ticket and you can potentially challenge the constitutionality of the health order under which the ticket was given.
00:04:07.820 And this is kind of your normal law enforcement.
00:04:10.500 Now, what the Kenney government did was they went to court and they obtained injunctions for such that if you if a policeman or or public health order officer believe that you were violating a health order, they could immediately arrest you, handcuff you and throw you in jail.
00:04:30.740 And that was Jason Kenney's government that sought and that was Jason Kenney's government that sought and obtained those injunctions.
00:04:36.280 And so that completely transforms the law enforcement, because now if you're caught, if a policeman sees you and believes that you're breaking a health order instead of getting a ticket, you're now in contempt of a court order and the police can immediately arrest you and jail you.
00:04:54.640 And that's what Jason Kenney did in Alberta is to change the law enforcement through injunctions.
00:05:02.700 Yeah. So, I mean, basically, you can periodically change the law to suit what you feel is an immediate need, in a sense, using an injunction.
00:05:11.100 Are some of those cases with the pastors still active right now or have those been resolved through the courts?
00:05:17.360 They're in various stages.
00:05:18.360 We act for Pastor Coates and he was charged for for violating the Health Act because his his church was not going along with these these unscientific rules.
00:05:30.940 And that case is still put in abeyance waiting for the Court of Queen's Bench case where we we were cross examining Dina Hinshaw in April.
00:05:42.620 Waiting for a ruling in that case before the criminal action against Pastor Coates moves ahead.
00:05:50.080 So, like, is there a mechanism, though?
00:05:52.920 I mean, I guess it's on the part of the government or the courts, though, as we learn, as new information comes out to back off and change.
00:05:59.580 I mean, maybe a little bit could be excused if with Pastor Coates, it was early in the pandemic.
00:06:04.320 People really felt he was putting the congregation was putting a number of people at risk.
00:06:08.260 But we look in hindsight and we realize these larger gatherings, I mean, we're allowing the playoffs right now with everybody in stadiums and yet the pandemic is still going.
00:06:17.060 You know, can they say, well, we've learned more.
00:06:20.120 We're going to back off.
00:06:21.080 It's done.
00:06:21.600 Sorry about that.
00:06:22.560 And move on.
00:06:24.440 The Crown prosecutors do have discretion to withdraw tickets.
00:06:28.700 We're sending out a news release, you know, every second Tuesday, just about on, you know, more and more tickets getting dropped.
00:06:37.740 Just recently in British Columbia, there's a woman got a ticket for $5,750.
00:06:43.340 She had gone to the U.S. to obtain medical care.
00:06:47.360 She came back and she had a staph infection affecting her nose.
00:06:52.860 And she said, I don't want to take a PCR test because it's a danger to my health.
00:06:59.600 I might get infected or maybe it was a lot of pain involved.
00:07:02.680 I don't know what the reasons were.
00:07:04.880 And nope, bang, there's your $5,750 ticket for refusing to take a PCR test.
00:07:12.220 So we brought that up with the Crown.
00:07:14.540 We wrote a letter.
00:07:15.360 We explained the situation.
00:07:16.980 And so we had another ticket dropped.
00:07:21.520 We're getting these tickets dropped all the time.
00:07:24.960 But some of them are going ahead to trial.
00:07:28.840 Yeah, well, and then likewise with other things.
00:07:31.080 I mean, it's like you're playing whack-a-mole with these vaccine mandates and private institutions and public ones.
00:07:37.160 You know, the early stages of vaccination, we were sold on or a number of people were that this is a vaccination like others.
00:07:43.120 It would prevent spread.
00:07:44.100 It would stop it.
00:07:45.140 So, again, I mean, it's still arguable as to whether or not you could impose mandates.
00:07:48.620 But people could understand maybe a little more rationale.
00:07:51.100 You're protecting your neighbors, the people next to you.
00:07:52.980 But we know now that vaccines, you know, for whatever benefit they may give, it's not stopping the spread.
00:08:00.160 So, I mean, the justification for these mandates is long gone.
00:08:03.000 Yet we're still seeing it.
00:08:04.260 It seems you have to fight tooth and nail to get every one of these repealed.
00:08:07.840 Well, it was really tragic to see in September that Nate and I think it was nine other post-secondary institutions, I think that included University of Calgary, University of Alberta, Mount Royal University in Calgary.
00:08:25.820 They all got together and after students had paid their tuition and that was on, you know, without strings attached, no conditions.
00:08:35.340 You pay your tuition, go to school in September.
00:08:38.860 And suddenly in September, they come out with these vaccine passports and these post-secondary institutions, these taxpayer-funded institutions suddenly started demanding that every student on campus get injected with a substance for which there's no long-term safety data.
00:08:58.160 In respect of a virus, which with precious few exceptions, it does not pose a threat to the 20-year-olds and 22-year-olds and 18-year-olds who form the vast majority of students on campus.
00:09:12.880 And yet we've had so many cases where the university expelled students and even refused to accommodate students by providing online instruction,
00:09:25.640 which the prior year the whole campus had been online, like it's not like they don't have the technology to do it, but just an incredible arrogance and very vicious attitude towards a minority.
00:09:41.120 Just despicable to see that in a country that considers itself to be progressive and tolerant and enlightened.
00:09:49.060 But as it's been said, society never becomes truly more tolerant, but rather we just shift the object of our intolerance.
00:10:01.180 Yeah.
00:10:02.140 And, you know, going further with the mandates, one that you didn't mention, I saw your release was for soldiers with the vaccine mandates and you've got another lawyer on that case.
00:10:12.560 Yes, we've retained a lawyer who himself is a former military who knows the system really well.
00:10:20.760 We are representing 20 Canadian Armed Forces members.
00:10:26.580 The, this is still, statement of claim has not yet been filed, but they are being treated horribly and forced out in a way that is somewhat analogous to a dishonorable discharge.
00:10:41.280 I don't know the military terminology, but we're, we're taking the Canadian Armed Forces to court over that because they too, like the universities and other institutions have been very irrational, very unscientific.
00:10:57.440 And in all of these cases, we're demanding that the employer or the government or the government agency, they have the onus of, of, of putting forward the proof that these vaccine mandates were necessary and, and, and, you know, backed up by, by science.
00:11:18.080 Yeah, well, lots to, to carry on with.
00:11:22.720 So, I mean, going further, maybe this ties more into the, the Peckford case.
00:11:26.880 Like the concern is, you, you, you know, we're going to be working through the, the legal after effects of this last couple of years, probably for some years to come.
00:11:33.620 But what can we do then to ensure it doesn't happen again?
00:11:37.120 Like that's the next fear, you know, we're trying to, you know, go through the courts with the people who've had their rights infringed on this time.
00:11:43.740 But until we see some legislative or possibly what constitutional changes, there's nothing to say we won't have to go through this all over again.
00:11:51.040 If some sort of emergency there is, you know, the government wants to declare emergency will prompt them to override our rights again.
00:11:57.860 Well, we're, we're in grave danger of moving further along to a communist Chinese social credit system.
00:12:07.640 We released a short video on this within the past week.
00:12:11.980 I think it's on our website.
00:12:14.620 The social credit system in China is not the political party that governed Alberta for 35 years or that was in power in BC and it's not the federal party.
00:12:23.400 But the social credit system in China, the government uses the technology to monitor where citizens go, who they hang out with, what they do, their, their purchases, their banking, you know, where they get on a plane or a train, what, what groups or activities they're involved in there, whether they're praising the government on their, you know, Twitter accounts.
00:12:47.520 So the government's watching every citizen very closely and if you're well behaved as determined by the Chinese Communist Party and you're a good Communist Party supporter and if they like your behavior, you get extra privileges.
00:13:02.420 Like you get less frequent inspections of your business, you might get a slightly lower interest rate when you go to the bank.
00:13:09.140 And if you have a low social credit score, then you can be denied access onto a train or a subway or a plane because the technology is being used that if you have a low social credit score, you suddenly you get blocked and you can't go to certain hotels or restaurants.
00:13:26.760 So we experienced a small version of that when we had vaccine passports enforced, turning many Albertans and Canadians across the country into second class citizens.
00:13:44.640 If you did not get injected with COVID vaccine, you were denied the basic human dignity of being able to go to a restaurant or participate in sports or go to the gym and even currently you can't get on an airplane.
00:13:58.900 So we have a lot of work cut out ahead of us to restore freedom because governments can use digital ID to implement a social credit system in Canada, like what we actually had under vaccine passports.
00:14:17.180 Yeah, that's another big one that we can see rolling towards us.
00:14:20.320 I hope enough people pay attention.
00:14:21.860 Yeah, a term we used to hear a lot and we don't hear often anymore was social engineering.
00:14:25.280 That was a big one. And that's, you know, where the state was trying to control what we think and what we do.
00:14:29.700 And, you know, social credit is more getting towards how we're going to do it as an enforcement arm to ensure that you stay, you know, keeping that new speak going and walking the line.
00:14:38.640 It's very troublesome. And as lots of people like to point out, you know, things that were called conspiracies two years ago have come into being today.
00:14:45.660 So, I mean, you know, as they say, it's not paranoia if they really are out to get you.
00:14:48.760 I remember so vividly in March of 2020 when lockdowns were first brought in after they'd been in for a few weeks and it was already becoming obvious to any thinking person that looked at data,
00:15:02.180 was becoming very obvious very early on that this was not the Spanish flu of 1918.
00:15:08.820 Neil Ferguson's prediction about, you know, over 300,000 deaths in Canada from COVID within a few months, you know, proving to be completely false.
00:15:18.580 And I remember vividly there were people saying, you know what, they're going to use these lockdowns as a mechanism to entice everybody to get vaccinated and they're going to say the only way to get rid of lockdowns is to get injected and then you're going to have the whole population get injected.
00:15:36.820 And then when there's a few stragglers, they're going to bring in vaccine passports to really apply pressure and they're going to pressure everybody to get vaccinated.
00:15:44.020 And that was a conspiracy theory in early 2020.
00:15:50.180 And, you know, as you said, that became reality, that conspiracy theory.
00:15:56.600 Yeah, so people got to pay attention to the warning signs now.
00:15:59.180 Just finally, with the truckers protests in Ottawa and things such as that, is the JCCF representing any of the people who have been charged under that or is that through different lawyers at this point now?
00:16:10.320 Yes, we are in the sense that we've got at least a half dozen, if not a dozen, criminal defense lawyers that we have retained.
00:16:21.060 So the Justice Center is paying the bills for the criminal defense counsel for the truckers that were wrongfully charged with criminal conduct when, in our view, was absolutely false.
00:16:36.540 I mean, the worst thing that the truckers were guilty of is parking infractions.
00:16:42.560 And even there, that's questionable because the Ottawa police was working with the truckers every day and telling the truckers where to park.
00:16:51.560 So, yes, we're paying for the legal defense, for criminal defense counsel, for truckers that have been accused of criminal conduct.
00:17:02.300 Great. Yeah, I know there's a lot of follow-up there and things on the go as well.
00:17:06.700 Well, plenty on the go.
00:17:08.500 And as we've kind of said, plenty to come.
00:17:10.100 Where can people find more information on your organization in case, you know, they want to keep up with it or if they need legal help or if they want to support you guys?
00:17:17.140 So our website's www.jccf.ca.
00:17:20.300 I would encourage people to sign up for, we have a newsletter that we send out once every three weeks or so and sign up for the newsletter and that will give you an update on all of our cases.
00:17:35.400 And there's also an icon on the homepage that says need legal help?
00:17:38.900 If you need legal help, complete the online form and we have an intake team that looks at all of the incoming requests.
00:17:49.680 We are forced through, you know, limited resources.
00:17:54.300 We actually have to say no to most of the requests coming in, but we try to say yes to as many as possible and provide legal help to people.