PRESS RELEASE

January 28, 2024

A CBC article was published on January 25, 2024 with some notable and concerning inaccuracies: 

https://www.cbc.ca/news/canada/nova-scotia/application-judicial-reciew-nova-scotia-covid-19-rules-1.7094394

This press release is to address the inaccuracies by stating the facts:

  1. 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);
  2. The hearing on January 24th was an Interlocutory motion of Public Interest Standing and not an Application;
  3. The word Alliance when referring to the proper noun name of the organization should be in proper case (capitalized first letter);
  4. Attorney General should be in proper case; 
  5. 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.
  6. 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. 
  7. 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. 
  8. 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;
  9. 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.

Related Articles

Judicial Review update: April

All motions were granted by the court; a much desired outcome for CANS and its members: “The Applicant, Citizens’ Alliance of Nova Scotia (CANS), comes before this court seeking to engage the Judiciary to perform a vital and rigorous ‘check’ among the ‘checks and balances’ integral to Canada’s constitutional democracy. The Applicant is asking the Judicial branch of government to take a critical look at decisions and actions taken by the Executive branch of government to determine if they are reasonable and lawful”

Bill 419

Interestingly PHIA already has provisions – 31(l) and 38(1)(g) – which allow for the Minister to collect personal health information for the purpose of planning and management of the health system. It also already contains provisions for the Minister to collect that information for the purposes of creating or maintaining an electronic health record at 31(o). The difference now, however, seems to be that custodians will no longer be able to refuse to disclose your personal health information to the government.

How have I been? Well…

How have I been? Well…
I suppose it starts with the Freedom Convoy in Ottawa. It was an emotional few weeks, and it culminated in a violent quelling of a peaceful protest, which was perfectly in line with the Canadian Charter of Rights and Freedoms Section 2(c) (the fundamental freedom of peaceful assembly). It was legal to participate in, and fund, such a gathering until the government decided to pass orders and measures which made it illegal.

Nova Scotia’s Wildfire Response

Fires are still raging across Canada. A large area of Upper Tantallon was the first area in Nova Scotia to burn on Sunday May 28th, followed swiftly by the ongoing fire in Shelburne. At one point there were 10 fires raging across Nova Scotia in the past few weeks, with hundreds more across the country.

Responses

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  1. Thank you for the clarification. Not surprised by CBC’s ‘inaccuracies.’ After all they are subsidized by the very authority they should be monitoring.

  2. Your court presentation was brilliant in principle, application and tone. Your answer to the CBC’s inaccurate and misleading reporting demonstrated a commanding posession of the pertinent and paramount details of the case in both establishing and safe guarding their witness to the truth. Thanks and appreciation to all concerned, and thanks be to God!