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CARPAY: Government restraining order against peaceful protest is a naked attack on Albertans’ freedoms

“Rather than relying on regular law enforcement, it’s far more effective, and far more efficient, to terrorize Albertans with an injunction like that issued by Justice Rooke on May 6, which leaves citizens unable to assert their Charter freedoms upon being arrested and imprisoned.”




On May 6, 2021, Associate Chief Justice John Rooke of the Alberta Court of Queen’s Bench issued what might be the broadest restraining order in common law history.

Justice Rooke’s injunction allows police to arrest and detain immediately any Albertan who exercises her or his Charter freedoms in the face of Alberta Premier Jason Kenney’s unscientific and unconstitutional lockdown orders and restrictions. Sixteen people attending a church service, or eleven people attending a funeral, or six people meeting outside, now face a far greater risk than that of receiving a $2,000 fine, which can be disputed in court after a “not guilty” plea. 

As of May 6, Albertans aware of this injunction can now be arrested and then imprisoned until brought before a judge, for violating what may be the broadest injunction in Canadian history. Once before the judge, the individual will have the “choice” of making a solemn promise to comply with Charter-violating laws, or staying in jail. It’s the same “choice” imposed on Pastor James Coates this past February; he spent 35 days in jail rather than deny his conscience. The only saving grace is that this injunction applies only to those who are aware of it, so ignorance offers some protection.

Normally, courts issue injunctions only against specific individuals (or organizations, businesses, governments) to deal with specific and extreme situations. For example, a court may issue a restraining order against a violent domestic partner.

Departing from this norm, Justice Rooke’s injunction is not limited to Christopher Scott, Glen Carritt and Whistle Stop Café in Mirror, Alberta. It expressly applies to “John Doe(s) and Jane Doe(s)” which means every Albertan, even those who have no contact with Whistle Stop or its owners, who is acting independently “to like effect.”

Justice Rooke’s injunction applies to any Albertan who “promotes” an “Illegal Public Gathering” via social media or otherwise, and any Albertan who “incites” others to attend. 

When I speak at peaceful public gatherings and declare that the Charter – not Jason Kenney’s latest lockdown order – is the highest law in the land, am I “promoting” or “inciting” illegal activities? When I now urge Albertans, in this column, to continue to exercise their freedoms of speech, association, religion, conscience and peaceful assembly as protected by the Charter, am I in violation of Justice Rooke’s injunction?

Alberta Health Services sought and obtained Justice Rooke’s injunction without providing any notice to Whistle Stop Café and its owners; they had no opportunity to present evidence or legal arguments to Justice Rooke before he issued his order. The hearing was held in secret, without media or members of the public being notified of it, and without Whistle Stop Café’s defence counsel present. There was no opportunity to cross-examine Dr. Deena Hinshaw on the affidavit she swore, which enabled Alberta Health Services to obtain this injunction. This injunction now applies to all Albertans who have heard about it. The court won’t hear a challenge to it until next week, well after the weekends protests are scheduled to take place.

Why does this matter?

It matters because prior to this May 6 injunction, police and health authorities already had the power to issue steep fines (now $2,000 instead of $1,000) to those violating lockdown orders and other restrictions. Those receiving tickets for committing apparently grave evils (like playing hockey outdoors, spending time with friends and family in person, or peacefully protesting outdoors against violations of their Charter freedoms) can plead “not guilty,” and then challenge the public health order in court, at trial. The accused person can subpoena Chief Medical Officer Deena Hinshaw as a witness, and force her to answer questions in court, and to provide scientific evidence at trial, if she has any.

This is what Pastor James Coates and GraceLife Church are now doing: forcing the Alberta government to place medical and scientific evidence before the court, to attempt to justify Jason Kenney’s Charter-violating cabinet orders.

Conversely, those accused of violating Justice Rooke’s injunction cannot defend themselves by arguing in court that governments have failed to produce the medical and scientific evidence that might justify public health orders. Upon being arrested and detained (with or without also being issued a ticket) the accused person’s only way to regain her liberty is to consent to having her Charter freedoms of association, conscience, religion and peaceful assembly violated by the government’s health orders.

An injunction is supposed to be an extra-ordinary remedy for an extra-ordinary problem, used sparingly, directed only at specific individuals or organizations, and only when regular law enforcement is insufficient. 

Jason Kenney and Dr. Deena Hinshaw have made it abundantly clear that their orders are not supported by science. If these restrictions on Albertans’ Charter freedoms were based on medical and scientific evidence, the Alberta government would have already presented such evidence at the trial of Pastor James Coates. This trial commenced on May 3, 2021, more than 13 months after the Alberta Government began to violate our Charter freedoms in March of 2020. But instead, the Alberta Government refuses to make a commitment as to when they will produce this evidence, and instead seeks an indefinite delay.

Jason Kenney obviously doesn’t like regular law enforcement, because it allows the accused person to challenge the constitutionality of his irrational and arbitrary health orders.

Rather than relying on regular law enforcement, it’s far more effective, and far more efficient, to terrorize Albertans with an injunction like that issued by Justice Rooke on May 6, which leaves citizens unable to assert their Charter freedoms upon being arrested and imprisoned.

By way of this injunction, Alberta Health Services now has the court acting as a police force, rather than as the protector of citizens’ Charter rights and freedoms.

John Carpay is a Columnist for the Western Standard. He is also president of the Justice Centre for Constitutional Freedoms (jccf.ca), which represents Pastor James Coates and GraceLife Church, and other clients challenging the constitutionality of Alberta’s public health orders in court.

John Carpay is a Columnist for the Western Standard. He is also President of the Justice Centre for Constitutional Freedoms and the former Alberta Director of the Canadian Taxpayers Federation.

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  1. Proudly_Free

    May 12, 2021 at 9:40 am

    I shouldn’t have read this artcle, lol, then I could plead ignorance if/when I have to stand before the court. In this ignorance would’ve been bliss!

    The ability to peacefully protest is not just a constitutional freedom. It is a CIVIC RESPONSIBILITY AND DUTY for every true patriot who truly cares about the good of his/her country. Peaceful protest also involves holding more than merely standing in front of a government building holding signs. To protect the freedoms we have been given by our Creator, we MUST, if we are true patriots, intentionally engage in CIVIL DISOBEDIENCE that inflicts REAL MATERIAL LOSS on those who savagely seek to rip them away.

    Kenney, Hoaxshaw and Shamdro, and now “(in)justice” Rooke are no longer wolves in sheep’s clothing. The costumes and kid gloves are off. This is undisguised NAKED EVIL.

  2. d.r.cmolloy@gmail.com

    May 9, 2021 at 12:02 pm

    Its now apparent that the AHS and their union are not duly elected and are protecting the AHS and not the Alberta taxpayers. Alberta taxpayer needs to sue the AhS for the loss of income for their unlawful breach of the economy.

  3. Baron Not Baron

    May 8, 2021 at 8:28 pm

    W I L D R O S E I N D E P E N D E N C E P A R T Y !!!

  4. Left Coast

    May 8, 2021 at 5:32 pm

    Politicians are some of the stupidest people on the planet today !

    Why have Doctors never informed those with the Wuhan Flu a treatment regiment before they wind up in the Hospital?

    Dr. McCullough talks sense . . .



  5. Jill Ward

    May 8, 2021 at 1:20 pm

    told you NOT to vote Kenney in! did none of you learn from when he served under Harper??

  6. Jill Ward

    May 8, 2021 at 1:18 pm

    Canada used to be a free, democratic, sovereign, respected, envied nation and now, WE ARE THE JOKE OF THE PLANET AND WE HAVE NO ALLIES OR FRIENDS ( thanks to trudeau and cartel) so NO ONE IS COMING TO SAVE OUR SORRY ASSES THIS TIME!
    WHAT was the point of all our BRAVE MEN GOING OFF TO WAR FOR OUR FREEDOMS , DEMOCRACY AND LIVES/NATION since clearly canadians don’t give a damn and ultimately don’t deserve all which we have had and took advantage of because of these brave men and those who built this once great land now a border-less, lawless, leaderless third world bankrupt welfare sewer!

  7. francis witzel

    May 8, 2021 at 11:39 am

    So off to jail , no representation, sounds like gulag , Kenny you are done , wake up people

  8. K Snyder

    May 8, 2021 at 11:30 am

    I would like to know what Judge Rooke’s deal is. Why would any decent law honoring man knowingly breach the constitution? And did AHS specifically seek him out on the bench because he’s a lockdown advocate?

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SLOBODIAN: Former general slamms Trudeau ‘stupdity’

Canadian taxpayer’s millions go directly into the Taliban’s blood-soaked hands. No one’s on the ground to ensure it helps Afghans they terrorize and slaughter.




There’s truth, duty, and valour — the Royal Military College (RMC) of Canada’s motto the honourable live by as they strive to keep promises made.

Then there’s Prime Minister Justin Trudeau’s broken promises to thousands of Afghans stuck in a potential death trap, as hopes of evacuation to safety rapidly fade.

Afghans helped the Canadian military during their 2001-2104 Afghanistan mission, believing Canada’s promise to bring them here to safety if necessary. 

It’s years past necessary. Promises broken. They’re hiding in terror with their children — Lord help the little girls — from Taliban predators. 

“There’s a bunch of people running around with sharp knives looking for them. They wouldn’t be brought before a court. The Taliban would take their heads off,” retired Maj.-Gen. Clive Addy, former Land Force Western Area commander, told the Western Standard.

Faithful translators proved invaluable. 

“They were very good at passing information to soldiers to prevent them from getting bombed out, or things like that. There’s a myriad of human services they provided. It required a heck of a lot of skill, camouflage, truth. It was that kind of courage they showed on our behalf that we must show for them,” said Addy.

“Truth, duty, and valour. The truth is, the Taliban took over. They’re criminals. Now they’ve got the place. The people to whom we made a vow, we have the duty to fulfill it. And valour, we’ve got to have the guts to do it.” 

“I cannot, having served my country, sit here and watch us walk away from such an important commitment. We’re walking away.”

It’s not that Trudeau isn’t shovelling money into Afghanistan. He pledged an initial extra $50 million for humanitarian aid, topping $27.3 million allocated for 2021.

Recently, Trudeau gave $1.7 million to the Afghanistan Strategic Evacuation Team (ASET), a group of Canadians and Afghans overseen by the Veterans Transition Network (VTN), helping Afghan interpreters.

Of the 10,000 Afghan translators and their families they’ve identified, 1,760 are hiding in safe houses used since the U.S. withdrawal in August. 

The $3 million spent to date, at $20,000 a day, was donated by private citizens and corporations. 

Funds run out November 5. 

Shockingly, Trudeau stipulated the $1.7 million couldn’t be used for safe houses, only logistics.  

ASET is overseen by three retired Canadian major generals — Dean Milner, David Fraser, and Denis Thompson — all RMC graduates.

Bureaucrats, obediently wagging their tails for Trudeau, tell these military greats, all former task-force commanders in Afghanistan, where to spend money.

Canadian taxpayer’s millions go directly into the Taliban’s blood-soaked hands. No one’s on the ground to ensure it helps Afghans they terrorize and slaughter.

Trudeau’s foolishly hoping the devious Taliban — seeking cash and recognition as a legitimate government — will be good little terrorists keeping a promise to behave.

“I’m just shaking my head. I don’t know how they come up with this stupidity. The Taliban asked for support, and we’ve got immigration going through the UN prepared to give them money. But they’re not prepared to give money to people under threat,” said Addy.

“The Taliban have the gall to say ‘Our people are hungry, send money to the UN.’ We’re supporting that. I’m sure there’s some hungry Taliban that Canada might help. The rest of the people are starving.”

On the campaign trail, Trudeau said Canada would welcome 20,000 Afghan refugees. Foreign Minister Marc Garneau, a former Navy commander, doubled it to 40,000 at the UN General Assembly in September.

At an October G20 meeting, Trudeau proclaimed humanitarian assistance must continue, but urged the Taliban to respect rights of women and children. Urge away, it’ll never happen.

Trudeau also urged other countries to take in more refugees.

So far, Canada says it welcomed 3,700 Afghans. That disputed number’s likely 3,000. Many had already left Afghanistan and were ‘evacuated’ from safe countries. Less than 20% were interpreters and families.

Addy recently penned a letter to ministers and MPs to be signed by RMC alumni, outlining a blueprint of what Trudeau must do.

It stated the need to expedite funds to ASET; remove barriers restricting funds from being used for safe houses; remove documentation obstacles eliminating the need for passports by issuing single use travel documents to valid resettlement applicants allowing them to obtain Pakistan e-visas; issue facilitation letters to support the travel documents; and fund air charters for evacuation.

Addy, Milner, Fraser and Thompson aren’t the only retired commanders criticizing the government.

In August, retired general and former chief of the defence staff Rick Hillier told CBC the evacuation operation is “cluttered” by bureaucratic clumsiness, inefficiency, and paperwork. Former lieutenant-general and Liberal MP Andrew Leslie echoed concerns.

Trudeau said the Taliban seized power so quickly, Canada couldn’t evacuate more people. Nonsense.  Military personnel and NGOs have fought for years to get interpreters out.

“I spent three years trying to bring in one of my good Afghans and family members. His file was in Immigration, Refugees and Citizenship Canada longer. No movement. Zero, with me picking on them daily, getting lawyers to help,” said VTN’s Milner.

“He was almost killed. The Taliban had his phone. He was a fighter. The Taliban wanted him big-time. We were able to sneak him and his seven lovely children out…They’re in Canada.”

The government, rightfully, says Afghans must be vetted. Hence, the delay. 

The VTN already vetted thousands, people they know well.

Who better to vet? A bureaucrat perusing applications? Or Canadians these Afghans fought beside?

The clock’s ticking Trudeau. 

It’s about truth, duty and valour, right Garneau? Being a RMC graduate, did you forget that part? 

Get them out.

Slobodian is the Senior Manitoba Columnist for the Western Standard

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SLOBODIAN: Canada dithers while girls get beheaded for playing volleyball

If Taliban thugs unleash demonic rage on a girl because she was involved in sports, imagine what awaits Afghans who helped Canadian soldiers — keeping many alive — during the 2001-2014 mission in Afghanistan.




Mahjabin Hakimi was beheaded by the Taliban who then posted gruesome photos of her severed head on social media as a menacing warning to others. 

Why? The girl played volleyball.

Hakimi, a star player on the girls’ national team, was slaughtered in Afghanistan’s capital of Kabul.

If Taliban thugs unleash demonic rage on a girl because she was involved in sports, imagine what awaits Afghans who helped Canadian soldiers — keeping many alive — during the 2001-2014 mission in Afghanistan.

Time is running out for 1,760 Afghan translators and their families who’ve been kept safe only because of an effort led by retired Canadian top military commanders and carried out by non-governmental agencies and others.

For courageously risking their lives, Afghans were promised refuge in Canada if needed. They remain indefinitely trapped, betrayed by the Trudeau government. 

Despite endless political platitudes and promises, it isn’t the government doggedly working to get them out. 

About 10,000 Afghans who helped Canadians, identified by the Veterans Transition Network (VTN), are targets of vengeful marauding medieval assassins hunting for them.

The VTN oversees the provision of emergency funds for shelter and support of the 1,760 during an agonizing wait for evacuation through the Afghanistan Strategic Evacuation Team comprised of Canadians and Afghans.

The $20,000 a day cost since the Taliban seized power in August when the U.S. pulled out, has been manageable due to private and corporate donations.

Funds are running out. The lifeline’s gone in two weeks. 

Aman Lara, a Canadian non-governmental organization, works closely with the VTN. 

Retired Canadian lieutenant-colonel Eleanor Taylor, who is chief of staff, notified the Afghans Friday: “Due to the complexity of the situation in Afghanistan, Aman Lara regretfully has to scale back accommodation support to Afghans in need of evacuation by November 5.

“We had expected that applications would be processed in a timely manner and evacuations would be swifter. Unfortunately, our ability to finance the accommodations has diminished and time has run out.”

Three retired major-generals — Dean Milner, Denis Thompson and David Fraser — have been working feverishly since July to evacuate these Afghans. They’re all former task-force commanders in Afghanistan.

On Friday, Foreign Affairs Minister Marc Garneau assured Fraser the government is working on air charter evacuation flights to Pakistan and elsewhere and will investigate the problematic documentation process. 

He intends to pass along the VTN’s concerns to Immigration, Refugees and Citizenship Minister Marco Mendicino.

However, not much can be done until the October 26 cabinet shuffle, said Garneau. Then the new cabinet must settle in and Parliament won’t resume until November 22.

So, the federal government — and its cumbersome bureaucratic process that creates obstacles — continues along its useless path going nowhere.

Despite grand promises from Prime Minister Justin Trudeau and cabinet ministers evacuation efforts are sluggish.

“They all keep saying they’re going to support us. When?” asked Milner.

Months ago, Trudeau pledged to resettle 40,000 Afghan refugees.

“Where are they coming from? Tell me. The Afghans that need to be supported are those in Afghanistan.”

The government claims it has evacuated 3,700 Afghans. 

“I think it’s over 3,000. Anything they said, I take it with exaggeration. No more than 20% were interpreters and their families,” said Milner.

That leaves embassy staff and Afghans already safe in other countries. 

“We don’t want the low-hanging fruit of other countries. The ones that did the work for us, that worked closely alongside us, are still stuck in miserable Afghanistan,” said Milner.

“We have over 10,000 Afghans in our group who still need to be evacuated. We’ve managed to bring a little over 300 through the border into Pakistan. We have a lot more to do,” said Milner.

That would include finding money to keep Afghans in safe houses. VTN asked the government for funding.

“We’ve been asking constantly. We’re getting support from many people. But the government still hasn’t bitten. They gave $1.7 million two weeks ago to keep us quiet. We couldn’t use that for safe houses. That was actually part of the policy.”

That money must be used to cover other expenses.

“That’s a drop in the bucket when you’re taking care of this many people. We’re paying to transport people across the country to Pakistan. We’re paying for buses. We’re paying for Afghans that are supporting us. We’re supporting a team trying to operationalize this and make it work. It doesn’t take much to eat up money.”

“Volunteers like me, I don’t need money,” said Milner.

Individual Canadians and “outstanding” companies like McCain Foods and Sobeys, donated nearly $3 million racked up in expenses so far.

“It has cost $20,000 a day since August for the safe houses. That’s not counting other life support and transportation costs.”

VTN is exploring ways to evacuate Afghans by land and on charter flights from Mazar-i-Sharif Airport, in Afghanistan’s fourth-largest city.

“We’d like to get going with charter air flights. The Taliban are now allowing flights into Afghanistan.”

But the $750,000 cost of one charter would “eat up” the safe house money left.

Why isn’t the government running charter flights?

No one’s flying out yet and the Taliban’s on the prowl. 

“There’s still an absolute danger. The Taliban are unpredictable. You can’t trust them. That’s why we fought them. Here they are now in power. They don’t like fun, they don’t like women, they don’t like school, they don’t like sporting activities.” 

“We get absolutely awful stories. We’re not going to stop until we get these Afghans out. We see it as a moral obligation. They supported us over there. They’re great people.”

TOMORROW: Truth Duty Valour vs. Trudeau’s broken promises.

Slobodian is the Senior Manitoba Columnist for the Western Standard

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WAGNER: The left ignores growing support for Alberta independence at its peril

Angus Reid released its poll showing that over half of Albertans believed the province would be better off if it left Canada. Were those results just another Postmedia trick?




A recent poll conducted by Mainstreet Research for the Western Standard showed new heights of support for Alberta independence. This demonstrates the movement is alive and not running out of steam. Just because the issue is out of the headlines for the moment does not mean it’s far from the thoughts of a great many Albertans.

The poll found 40% support for Alberta independence with 45% preferring to remain in Canada, and another 15% undecided. If the undecideds are removed, support for independence rises to 47% versus 53% for the status quo.  

Previous Mainstreet Research polls commissioned by the Western Standard showed growing — but demonstrably weaker — support for independence. A July 6, 2020 story entitled “Alberta leads the West in wanting independence” found only 20% of Albertans favouring independence. Another story from Jan. 13, 2021, “Third of Albertans & majority of UCP voters back Western independence, shyer about going it alone,” found 25% favouring Alberta independence if the province struck out on its own, but 36% support for an independent country comprising other Western provinces.

The polling results seem to indicate a growing trend of support for independence. That’s obviously good news for those favouring that option.

It seems, however, that Alberta’s progressives have a blind spot when it comes to acknowledging popular support for independence. This has been evident in recent years, even as Justin Trudeau has driven many Albertans into the sovereigntist camp.

With Trudeau aggressively preventing pipeline construction and resource development, support for independence gained considerable strength towards the end of 2018. Indeed, early in 2019, the Angus Reid Institute released its own poll indicating independence sentiment was quite strong in Alberta. The article reporting the results stated: “More than half Albertans (52%) say they believe the west would be better off if it left Canada.”

Yet, just a few weeks earlier, prominent leftist blogger Dave Cournoyer wrote, “Reading the pages of the Postmedia newspapers or the #ableg hashtag on Twitter you might believe that Albertans from roughneck Fort McMurray to trendy Kensington are calling for Independence and rising up in arms against their political overlords in Ottawa. Nope.”

He went on to state that “… it is difficult to believe there is any real appetite for Albertans to leave Canada, and the consequences that would follow.” And he assured his readers that “support for separation remains consistently low.” The occasional demand for Alberta independence, Cournoyer wrote, “is the political equivalent of a toddler’s temper tantrum.”

Shortly after Cournoyer’s piece appeared, another prominent leftist blogger, David Climenhaga, also downplayed the independence movement. Climenhaga’s unique contribution to the discussion is his claim the Alberta independence movement is a smoke-and-mirrors trick perpetrated by Toronto-based Postmedia.

Writing of the surge in support for independence towards the end of 2018, Climenhaga claimed that, “The whole thing was almost entirely ginned up in a couple of weeks by a parade of political commentators at Postmedia’s newspapers, basically providing background music for the campaign of United Conservative Party Leader Jason Kenney.” That is, Postmedia was trying to create a political climate to aid Jason Kenney in his dispute with Justin Trudeau.

Climenhaga went on to assure his readers that by the beginning of 2019, “the Alberta independence ‘threat’ will be fading into history, again, worth a chuckle or two, like Ur-Western-separatist Gordon Kesler, and taken seriously by almost nobody – or perhaps I should say, nobodies.” Apparently, in his view, only “nobodies” take Alberta independence seriously. That would probably mean a lot of Western Standard readers would be “nobodies” by Climenhaga’s standard – like Hillary Clinton’s “deplorables.”

His main point, though, was public controversy over Alberta independence was just a big show that had come to an end: “But the squall is over, folks. Watch for Postmedia to start backing away as soon as they start to realize how little traction this partisan claptrap has.”

Yet, just a few weeks after he wrote that, Angus Reid released its poll showing over half of Albertans believed the province would be better off if it left Canada. Were those results just another Postmedia trick?

Albertans had grievances with the federal government for generations. These grievances are accumulating and generating increasing discontent with the province’s place in Canada. The support for independence revealed by the new Western Standard poll reflects the unhappiness of many Albertans. They are beginning to realize the status quo is not going to change and the only positive alternative is for Alberta to leave Canada.

Nevertheless, progressives appear to be blind to the legitimate concerns of these Albertans and dismiss them as “nobodies” who are throwing a “temper tantrum.” If support for Alberta independence continues to grow, progressives may have to do more than simply demean its proponents.

The causes underlying growth in sovereignist sentiment are not going away and as a result, the movement is here to stay.

Michael Wagner is a Western Standard columnist

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