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Dear family and friends, I hope this newsletter finds you all well. We settle into the winter season with a sigh of relief: things can slow down for a short while and we all can take some time to reflect on the year as well as visualize the upcoming one.
As we reflect on 2023, we acknowledge certain things. CANS has, from the start, been a quiet organization preferring to strategically remain under the radar (so to speak) so that we could stay focused on the goals and activities of the organization. This has not always worked well when it comes to communicating the intended impact of our activities. For example, many within our circles often comment on how they don’t really understand what the Judicial Review is and it is always an engaging conversation to have. Our intentions have always been to work on projects which benefit our communities and protect our future generations.
We have meaningful and genuine personal connections to many of you within this community and others; it has been an enlightening few years and we evolved together . We’ve earned our share of scars and learned a lot along the way: we are all who we are because of what we went through, and who we became as a result is a stronger, wiser and more resilient version of ourselves 🙂
It has been said that 2023 would be the year of Recompense and 2024 the year of Healing.
Quick legal update (because we’re geeks and this law stuff really floats our boat):
Judicial Review on the “Covid19 Vaccine” Mandate: "Judicial review is a process by which courts make sure that the decisions of administrative bodies are fair, reasonable, and lawful".
“Broadly speaking, government action in Canada may be challenged on two grounds. The first is “procedural fairness” or “natural justice,” (aka ‘due process’), the second is the substance of the decision - what the government body decided and why”. In Canada, an administrative decision made by a public authority that affects someone’s rights, privileges or interests triggers a duty of fairness, which requires at minimum the right to be heard and the right to an unbiased decision-maker.”
A Judicial Review can enable the changing of law and policy which is what makes it one of the most powerful tools for the Public to understand and apply.
CANS goes back to court in Yarmouth on January 24th at 9:30 AM for an all day hearing on Public Interest Standing. For background and context: the Health Protection Act (HPA), which the Chief Medical Officer of Health (CMOH) must follow as a public administrator, is the statutory legislation under which the mandates in October 2021 were brought in and is specifically worded to be applied to individuals; it cannot be used as a blanket order to “All Nova Scotians”. It was under the authority of section 32 of the HPA that the CMOH issued orders to Nova Scotians as the Provincial Government's response to the "Covid-19 Pandemic". When the CMOH orders were issued to "all Nova Scotians", the public health administrator did so without legislative support meaning the legislation did not expressly grant powers to the CMOH to restrict movement, restrict fundamental human rights and freedoms or mandate medical treatments to all Nova Scotians. Every single Nova Scotian member of the public was the intended target of the “Covid19-vaccine” mandate Order and we were inaccurately led to believe that we were subject to the all-encompassing CMOH orders. This was further solidified by Justice Fichaud in April of 2022 in CCLA v AGNS: a (sweeping) order cannot be served on an unknown potential offender; similarly one cannot assume a person is breaking an Order if they received no direct notice. We will be self-representing in Court and hope many of you will attend virtually if not in-person. Here is the instruction sheet with the form which needs to be filled out and signed (digital signatures are fine) then emailed to the Court. You will receive a meeting invite from the Court with a link to the virtual hearing which you can join on the day of the hearing. We hope to see many attend virtually (if not in-person).
After we go through the hearing for Public Interest Standing in January we then have to address Mootness and only after that do we get to the meat of the Review: the Hearing On The Merits. This is where the Court will consider the main argument: that the Respondents acted in bad faith and were outside their legislated authority in issuing the “Covid19-vaccine” mandate in 2021. The harm to families, businesses and individuals will be felt by all parties in full at that time.
Education Action: We have begun work on an Education project with a group of volunteers and will share more on that in the new year. The curriculum which all schools (public and private) follow has areas of concern to parents, guardians and teachers. Comprising of parents, grandparents and educators, the working group’s goal is to ask pertinent questions of relevant players in order to determine the policy makers’ level of awareness of curriculum content and its relevance to learning goals for children. It is important to ask questions especially when it comes to the health, mental health and safety of our future generations.
State Of Emergency (SOE) Appeal: CANS financially and operationally supported the filing of an appeal by an individual Nova Scotian on a declined FOI request to the Executive Council (EC) for signed copies of the SOE orders-in-council (OIC). The un-signed copies were available online but an OIC can only be deemed law once it is signed by the Lieutenant Governor of NS; there was no logical reason for the signed copies not being available online but the FOI request kept being redirected to the online unsigned versions despite repeated requests for the signed copies. The appeal resulted in the EC agreeing to provide the requested signed copies and the appeal is now in the process of being closed. One might wonder why so much ado about nothing if the signed copies have always been available; why did the EC simply not provide those the first or second time the FOI request was submitted? A lot of unnecessary resources were used in this effort and the exercise highlighted how irresponsible the actions of the EC were.
Anyone interested in seeing our filings can check this link; we will continue to add to this so check back if you don't see what you're expecting. |
