|Private and Confidential|
LEGAL CHALLENGE UPDATE
July 27, 2021
Dear Members and Supporters of Vaccine Choice Canada,Many of you have asked about the current status of our legal challenge filed in July 2020. Like you, we are eager for our “day in court” and the opportunity to hold the government, public health, and the mainstream media accountable for their egregious violations of our Charter rights and freedoms.If you recall, when we retained and instructed Rocco Galati to prepare and issue a Statement of Claim, it was primarily because no one else was stepping up to protect our rights. It was never our intention nor wish to have exclusive proprietary claim over challenging the COVID measures. It was a comprehensive declaration to governments to indicate that their breach of our rights is not acceptable.If you also recall the filing in itself had some immediate impact in the first revocation of the emergency order, and a public announcement of a pending masking injunction resulted in clear and comprehensive masking exemption regulations by the Ontario government FOR THOSE CHOOSING TO EXERCISE THEM.
RESTORATION OF OUR RIGHTS
If you also recall, we reiterated that there is no magic wand or silver bullet to any one singular Court case. Our goal is to fully restore our inherent rights and freedoms and not just to show up and say we tried. There is more to creating a winning strategy, as can be evidenced by the various legal proceeding that have been filed and argued to date, than simply making legal arguments in a court of law.A significant aspect to any successful legal challenge of this nature is having credible experts fully prepared to testify in support of the arguments put forward. Rocco has repeatedly stated – the legal arguments are the easiest part of our action. To have a successful outcome, compelling expert testimony is needed to enable a judge to stand against the fraudulent government and media narrative.Almost every legal filing to date has failed because of a lack of adequate expert testimony, particularly on the central and crucial issue of the fraudulent use of PCR testing, which is at the crux of all COVID measures justification. It has taken many, many months to secure the appropriate experts and to complete the necessary affidavits.Since the filing of our claim other battles have appeared that are in concert with our initial challenge and the Board of Vaccine Choice Canada decided to collaborate and mesh with those efforts as they were not separate from ours. We decided and instructed and agreed with our legal counsel that all the other dimensional challenges which were in fact part and parcel of our own would be co-ordinated.For example, the need to protect the right of our medical doctors, nurses, teachers, public health officials and law enforcement officers to speak their truth without fear of reprisal. As you are all aware, the Colleges of Physicians and Surgeons of Ontario and BC and other institutions have been unapologetic in their efforts to intimidate into silence medical professionals and others who dare to question the medical basis for the measures or to share their observations on the front lines. Dr. Malthouse, Dr. Trozzi, Dr. Hoffe, Dr. Hodkinson, Dr. Gill, Dr. Patrick, Dr. Milburn and Dr. Christian, to name a few, have been the targets of these efforts to censor expert opinion.Thus, since our last update in January 2021, in concert with that overall plan, other legal actions have been filed. These include:
1. The Defence of Doctors
The defence of doctors in Ontario and BC, before their Colleges, who have been subjected to tyrannical censure by their Colleges. This includes two Divisional Court applications with another three to be filed in Ontario, as well as a judicial review on behalf of Dr. Malthouse in BC.These Court applications take a constitutional challenge to the Colleges’ attempts to muzzle and gag these doctors who include Drs. Gill, Phillips, Turek, Benoit, Matheson, Amani, Malthouse, Trozzi and others. In addition, action for damages as well as the unconstitutional conduct by their Colleges are being prepared on behalf of these doctors.
2. The Defence of Police Officers
On April 30th, 2021 an application on behalf of 24+ police officers who are challenging the enforcement of the COVID Measures as violating their Oath to uphold the Constitution. This application challenges such things as:(a) the fining or arrest of persons who attend protest and petitions and assembly against government;(b) the imposition of restriction of entry at Provincial borders;(c) lockdowns;(d) church and other religious gathering closures and events;(e) the coercive measures to vaccinate.
3. Re-Open Ontario Schools
On May 7th 2021 an Application was filed to re-open the schools in Ontario without any of the COVID measures. (It is interesting that within a few weeks of its filing Ontario reversed its position of not opening the schools in September 2021). The application is still proceeding and challenges:(a) any isolation in the school setting;(b) any masking;(c) the fraudulent and continued use of PCR testing; and(d) any segregation between PCR-tested / vaccinated vs. PCR-untested/ unvaccinated children.The preparation of this application has entailed:- a masking expert affidavit exceeding 2,600 pages of expert testimony and annexed reports;- a PCR expert affidavit exceeding 6,100 pages of expert testimony and annexed data; these expert reports concluded that the PCR test is being fraudulently used to elevate “case numbers” with a false positive rate of 96.5%;- an expert report on the detrimental and developmental damages caused by masks especially on children;- an expert report on the detriment of the measures and online learning on children;- over 30 affidavits by the Applicants, who include children, parents and teachers, outlining the ordeal they have suffered, establishing the required factual evidence and basis for their seeking of constitutional relief.All in all, there will be well over 11,000 pages of evidence filed in this application, just on the part of the applicants.
4. Suing for Defamation
An action has been proceeding and is well under way suing in defamation those who have viciously maligned doctors on social media who post information and expert opinion contrary to the state narrative.
5. BC Legal Action
An action will be filed imminently against the Government of BC, Premier John Horgan, Health Minster Adrian Dix, Public Safety Minister Mike Farnworth, and Public Health Officer Dr. Bonnie Henry. This action, spanning 425+ pages, will hold these individuals and institutions accountable for the harm and deaths caused by their actions and failure to act responsibly in response to COVID-19.
6. Defence of Protest Organizers
The defence of those instrumental in organizing protests, a constitutionally protected right.
7. Challenge Vaccine Passports
A Federal challenge to federal vaccine passports for international travel is contemplated and, in the works, as will be a Provincial vaccine passport if implemented.In all of these proceedings constitutional declarations are sought against all these measures and the authority of public officials imposing them.Essentially, these other focused applications cover everything that our statement of claim covered with the exception of vaccines which have not yet been made mandatory by government.Our statement of claim has and continues to act as the umbrella for these sectorial challenges.
ACTIONS ON THE GROUND
In addition to these Court proceedings, “actions on the ground” have been on-going with the assistance and consultation and legal advice of our counsel. These include:
I. Notices of Liability
Notices of Liability were developed through a collaboration of the Constitutional Rights Centre and Action4Canada to hold school superintendents, administrators, Principals, Teachers Unions, and teachers personally liable for injury to children and adults in the public school system, as well as their unlawful efforts to coerce children to partake in an experimental gene treatment without the knowledge or consent of parents.This effort has resulted in the majority of the Superintendents, Principles and Teachers Unions being formally served with a Notice of Liability. The actions to formally serve these individuals have been documented for future legal action should they persist in illegal, immoral and unlawful actions.This action has resulted in a number of Teachers Unions issuing directives to teaching staff to not engage in any effort that may coerce a child to partake in the vaccination experiment.
II. Targeting Premiers, Ministers of Health and Chief Public Health Officers
Vaccine Choice Canada, in collaboration with the Constitutional Rights Centre and Canada Health Alliance have launched a letter writing campaign where the focus of the campaign are the Premiers, Minsters of Health, and the Chief Public Health Officers of the various provinces and territories.Our goal is to make clear to these key decision-makers how their measures and policies in response to COVID 19 have failed to address the health needs of the public as well as the need to protect and preserve our Constitutional rights and freedoms.
III. Collaborative Effort
The reality is that a number of organizations are participating in a complex strategy with our legal counsel to hold our governments, public health officers, colleges, media and others accountable for the harm and deaths caused by their unwarranted and unconstitutional actions. These organizations include:The Constitutional Rights CentreVaccine Choice CanadaAction4CanadaChildren’s Health Defence CanadaStand On Guard for TheeCanada Health Alliance and other organizations and individuals.Each of these efforts are central and critical to our overall success. In each of these proceedings the same constitutional challenges set out in our original claim, as applied to the circumstances, are being advanced.It is important to recognize that these matters are legally and scientifically complex, and constantly evolving. As new information and research emerges, this information needs to be incorporated into future statements of claim and actions.While we appreciate the frustration in witnessing the ongoing, systemic violations of our rights and freedoms by those we entrusted to protect Canadians, we are confident that we are making a difference and that our collective actions to hold government and others accountable is causing governments and others to reconsider their measures.The board wishes it could be more explicit in disclosing our actions to date, however, to do so would more elaborately reveal our litigation strategy which could be detrimental to our cases.This letter is being issued out of respect to our members and supporters, however, our counsel advises that under the normal circumstances a letter such as this would never go out.
THE NEED FOR CITIZEN ACTION
We remind you that legal action alone cannot stop the systemic violations by our governments, health agencies and mainstream media. These violations must also be addressed by direct individual action.This includes engaging your elected representatives, holding the media accountable for deception and distortion, educating family and friends, being unwilling to comply with illegal, unconstitutional and unwarranted measures, and being vocal in challenging illegal and unconstitutional measures.The ending of tyranny cannot be brought about by a single court case, a single lawyer, or a single organization, but rather by each of us engaging in action to defend our rights and freedoms.Thank you for your patience and continued support.Sincerely,The Board of Directors of Vaccine Choice Canada
|Vaccine Choice Canada is a federally registered, volunteer run, not-for-profit educational society dedicated to helping families make voluntary, fully informed, and health-conscious choices. This information is for educational purposes and is not intended as legal, health or medical advice.|