January 28, 2024
A CBC article was published on January 25, 2024 with some notable and concerning inaccuracies:
This press release is to address the inaccuracies by stating the facts:
- CANS filed the Judicial Review on Oct 27 2021, concerned with the Oct 1st 2021 Public Health Orders (PHO) for involuntary vaccination of Nova Scotians by the Chief Medical Officer of Health (CMOH);
- The hearing on January 24th was an Interlocutory motion of Public Interest Standing and not an Application;
- The word Alliance when referring to the proper noun name of the organization should be in proper case (capitalized first letter);
- Attorney General should be in proper case;
- CANS does not endorse the use of the Charter as it has section 1 Reasonable Limits and is the government’s assertion that they have the authority to give Canadians their rights which they can then place “reasonable limits” on. References to Charter values are quite different from a Charter challenge.
- In reference to the following quote: “Section 52 (a) of Nova Scotia’s Health Protection Act,……states that when a public health emergency is declared, the chief medical officer can implement a voluntary immunization program”, the wrong section of the HPA is being attributed to the quote. The correct section mentioned in Agent William Ray’s argument is 53 (2) (a) of the Health Protection Act (HPA) which allows a voluntary immunization program when a public health emergency is declared by the Minister of Health.
- In reference to the following quote: “However, Section 52 (i) of the act states that the chief medical officer can establish any measure they believe is reasonably necessary for the protection of public health during the emergency”, not only is the wrong section from the HPA referenced but the article leaves out a key word. Section 53 (2) (i) any other measure the Chief Medical Officer reasonably believes is necessary for the protection of public health during the public health emergency; this means that the “other measures” follow the intention of voluntary immunization programs and the other provisions in the section. The CMOH cannot make contrary statements. It is not only confusing but as a legal maxim has established that one making contrary statements is not to be heard.
- In reference to the following quote: “The Health Protection Act, and the orders made under it, ended in May 2023.” This implies that the Health Protection Act (HPA) has ended which it has not. The iterations of the impugned Public Health Orders have been rescinded but the HPA is a statute that is still active and the CMOH could make orders similar to what was experienced by Nova Scotians during March 2020 to July 2023.The Judicial Review Yar. 510031 is challenging the overreach so that Nova Scotians cannot have their fundamental human rights and freedoms violated ever again;
- In reference to the following quote: “Keith decided to disregard the letters and not enter them as evidence.” This is disinformation: Justice Keith asked CANS’ Agent William Ray if we as an organization had intended these letters to be entered into the record as evidence and Mr. Ray stated we did NOT. The letters are intended to show the impact of the PHO on Nova Scotians.