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Judge says gov’t justified in wartime-like powers to fight COVID-19

“Like in times of war and other crises, pandemics call for sacrifices to save lives and avoid broad-based suffering,” wrote Chief Justice Paul Crampton.

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Cabinet has the legal right to put travellers into quarantine hotels because Canada is in “times of war,” says the Federal Court chief justice.

“Like in times of war and other crises, pandemics call for sacrifices to save lives and avoid broad-based suffering,” wrote Chief Justice Paul Crampton, in his decision last Friday.

“If some are unwilling to make such sacrifices and engage in behaviour that poses a demonstrated risk to the health and safety of others, the principles of fundamental justice will not prevent the state from performing its essential function of protecting its citizens.”

Blacklock’s Reporter said 14 plaintiffs filed separate constitutional challenges of quarantine rules as a breach of Charter rights against arbitrary detention.

Cabinet in a February 22 order under the Quarantine Act required air passengers including those who already tested COVID-free to prepay three nights’ stay at designated hotels with additional charges for meals, cleaning and pandemic tests on arrival in Canada, about $2,000 by federal estimate. Scofflaws face $3,000 fines or jail.

“It is not unreasonable to require those who voluntarily assume travel-related risks to pay for costs associated with their port-of-entry quarantine, especially when they incur those risks in the face of repeated government advisories and even exhortations from their prime minister to avoid non-essential travel,” said Crampton.

“The COVID-19 pandemic has wrought much death and suffering in Canada and abroad.

“This has called for extraordinary measures from our governments as well as great sacrifices by one and all. Protecting us from the threat to our health and security is one of the most fundamental responsibilities of a state.

“I have concluded the impugned measures do not contravene the Charter,” wrote Crampton, adding even stricter regulations could be imposed.

“I consider the principles of fundamental justice would permit the imposition of stronger border control measures” including a longer quarantine period at the border, said Crampton, .

“Although their right to liberty is engaged, the deprivation of that right was in accordance with the principles of fundamental justice.”

Nearly $3 million in fines have been imposed to date on air travelers who refused to stay at pandemic hotels, by official estimate. Another 9,003 travelers were cited for failing to prove they had tested negative for COVID-19 immediately prior to arrival in Canada, including 4,583 drivers at land crossings.

Costs of enforcement have not been detailed.

Dave Naylor is the News Editor of the Western Standard
dnaylor@westernstandardonline.com
Twitter.com/nobby7694

Dave Naylor is the News Editor of the Western Standard and the Vice-President: News Division of Western Standard New Media Corp. He has served as the City Editor of the Calgary Sun and has covered Alberta news for nearly 40 years. dnaylor@westernstandardonline.com

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15 Comments

15 Comments

  1. G R

    June 23, 2021 at 5:32 pm

    I’m surmising that this pre-planned and orchestrated ‘war’ will only be over circa 2030, and when every man, woman and child has been force ‘vaccinated’ with a completely medically unnecessary gene therapy. Nazi eugenics 2.0.

  2. Dennis

    June 23, 2021 at 1:24 pm

    Wildrose.party in 2023.

  3. Steven Ruthven

    June 22, 2021 at 8:22 pm

    Constitutionally, having three Justices from Quebec 7 three Justices from Ontario is not a fair representation of Canadian society in the 21st century. Having a unelected Senate & an appointed, by the Prime Minister, SCOC reflects on the cronyism of 1867.

    The Chief Justice, if this was back in the 1890’s, would be wearing a white wig with the same attitude towards the subjects like he has today, protecting the Crowns right to rule.

    I wonder if the Chief Justice also took into consideration the – lack of skill – the PM had in dealing with the crises, prior to COVID-19 even reaching Canadian shores?

    Is the Chief Justice aware that Canada could be implicated in the creation & birth of COVID-19?

    The Chief Justice hammers Canadians on rights and responsibilities. When the Prime Minister advocated his duty to protect Canadians from COVID-19. I am betting, Trudeau is neck deep in the COVID-19 cover-up now being played out in the House of Commons.

  4. Chris Weisdorf

    June 22, 2021 at 4:01 pm

    While I don’t agree with this decision, I understand why it was made. The applicants didn’t retain a single expert to press their case. The government had several, but none of them were properly qualified. Nevertheless, because they had some and the applicants had none, he took their word over that of the non-expert applicants. It also didn’t help that much of the expert evidence went unchallenged and this was repeatedly noted by the judge.

    Another big problem is that the applicants didn’t plead the correct sections of the Canadian Bill of Rights, or the Quarantine Act that the forced testing and quarantine orders were made under. Sections 14 and 32 prohibit testing that goes into the body and the detention of those who are NOT a significant harm to public health, respectively. They also didn’t take the government to task on reasonable pharmaceutical alternatives like hydroxychloroquine, zinc, ivermectin and vitamin D. The latter would invalidate all emergency measures and the section 30.1 interim orders allowing the “vaccines” to be used under what is known as emergency use authorization in the US.

    If you don’t retain any experts in a case where politics have masqueraded as science since the very beginning, and you don’t use all of the legal weapons at your disposal, guess what happens?

    YOU LOSE.

  5. NB

    June 22, 2021 at 1:43 pm

    No surprise here,
    He wouldn’t be in that position, if not part of elite group.

  6. Dominic Ieraci

    June 22, 2021 at 1:32 pm

    Canada as a concept is over. The only solution is dissolving this joke of a country.

  7. Bryan

    June 22, 2021 at 12:22 pm

    Not a surprise where the judgement of this ‘Just Us’ landed. IIRC, a Federal Court ‘Just Us’ is a political appointment. He/she/it does not even have to have legal training. That may have changed in the last 30 years, however. ‘Just Us’ Crampton certainly doesn’t want to jeopardize his ‘platinum-plated’ pension, so, of course he sides with the tyrant! Even if the rules have changed, and a Federal Court ‘Just Us’ does have to have legal training, a ‘Just Us’ being a left leaning functionary, is not a surprise.

    The communists, supported and directed by the Soviet Union, spent the ’30s, ’40s, ’50s, and since, infiltrating universities in the West, particularly three disciplines: education, law and journalism. If you get the young brainwashed, you get many of them (mostly) for life! By loading up faculties of law and education, you end up with most lawyers leaning to the left. By infiltrating education faculties, you indoctrinate the teachers and post-secondary instructors in leftist thought.so they can transfer such thought to the young, who naturally believe what they are taught. To ensure constant leftist thought programming, control ‘journalism’!

    Except for a very few post-secondary institutions, principally Christian universities, they have become socialist/communist indoctrination centres. Finding a lawyer or judge who does not lean left, is difficult, so too, with a teacher or professor, and so too, with a journalist. Not a surprise that ‘Just Us’ Crampton sided with Comrade True-dope!

  8. Allen Dick

    June 22, 2021 at 11:44 am

    If the judge’s comments were reported accurately, I am shocked. Almost none of what he said was true except that in extraordinary circumstances such measures may be justified.

    This is probably the wimpiest and most manufactured epidemic we have had in the last century and we have had more than a few epidemics.

    Additionally when it comes to travelers, the real culprits in the public’s eye were the politicians who slapped draconian on restrictions at home and promptly left for more open holiday locations.

    When that came to light, all discretionary travelers including dual citizens, cross-border families, and those of us with property and obligations in other countries were penalized with unreasonable and burdensome one-size fits all restrictions. Meantime politicians continued to come and go under the radar.

    The restrictions are arbitrary and discriminatory and no judge should ever have allowed, let alone endorsed them.

    The level of corruption in Canada has reached new heights.

  9. Wesley

    June 22, 2021 at 11:02 am

    How in the world was this a pandemic when the numbers show no increase of deaths overall?? Except for the older population this was nothing more than an ordinary season of a bad flu. Not Sars, or Ebola, or Swine flu. These Judges are nothing more than liberal biased.

  10. Andrew

    June 22, 2021 at 10:54 am

    Alberta Separation will fix.

  11. berta baby

    June 22, 2021 at 10:50 am

    3 rd world kangaroo courts and 3rd world political parties…

  12. Left Coast

    June 22, 2021 at 10:43 am

    “Like in times of war and other crises, pandemics call for sacrifices to save lives and avoid broad-based suffering,” wrote Chief Justice Paul Crampton ? ? ?

    Justice Paul Crampton is a complete moron . . . we knew a Year Ago last May that the under 70 crowd had only a .5% chance of dying from the Wuhan Virus. That is certainly NOT a war.
    We also knew that the average age of the deceased at that time was near 80 . . .

    This is another example of a Canadian Fool . . . uninformed & clueless.
    We seem to manufacture them here in Canada . . . intellect and common sense have left the country it seems. The reality is Crampton . . . the Govt Lockdowns and restrictions Killed far more people than did the Wuhan Virus . . . FACT ! ! !

  13. Cosmo Kramer

    June 22, 2021 at 10:05 am

    Totally bought off or controlled moron. Alberta has no place in Trudeau Land. The Canadian provinces are very good and beautiful places but we cannot have a system where a leader is decided by 2 area codes (greater Toronto area). Canada is a flawed and failed state. Alberta needs independence. I will vote Wildrose.

  14. K

    June 22, 2021 at 9:57 am

    Completely controlled or a complete moron. Take your pick. These people are not our masters.

  15. j n

    June 22, 2021 at 9:54 am

    The legal system is biased and is clearly politically motivated.

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News

SLOBODIAN: Decade long investigation into Manitoba residential school involves nearly 100 officers and 700 interviews

The First Nation recently undertook a search of the site using ground-penetrating radar technology but has not released the results.

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A “large and complex” decade-long investigation by RCMP has been underway into allegations of sexual abuse at a former residential school in Manitoba’s Sagkeeng First Nation.


The Fort Alexander Residential School opened in 1905 on Sagkeeng First Nation, located 120-km north of Winnipeg. In 1970 it was converted to a day school that operated for several years.


Manitoba RCMP issued a press release Tuesday confirming the major crimes unit began looking into allegations of abuse in February 2010, then launched a formal criminal investigation the following year.


RCMP began by gathering information, including reviewing archival records in both Ottawa and Manitoba. They went through thousands of documents such as student and employee lists and quarterly returns.


This involved more than 80 officers who interacted with more than 700 people across North America in an effort to find possible victims and witnesses.


“After compiling and collating all this data, investigators developed an investigative plan that began with the canvassing of people whose names had been identified in the documents as well as a door-to-door canvas in the Powerview/Fort Alexander area, where the school had been located,” said the statement.


The criminal investigation launched in 2011 involved 75 formal witnesses and victim statements.
Recently, Sagkeeng Chief Derrick Henderson said elders and survivors have long spoken about abuse at the school and children that went missing.


The First Nation recently undertook a search of the site using ground-penetrating radar technology but has not released the results.


“Violation of the privacy rights of those involved in this investigation will not only cause further trauma to everyone involved, but also potentially compromise this highly sensitive investigation,” said Henderson. “We ask that the trauma our community has experienced and continues to live every day is respected and that those affected are afforded their privacy at this time.”

RCMP are working closely with First Nations leaders and no other criminal investigations into former residential schools are underway in Manitoba, said RCMP.

Slobodian is the Senior Manitoba Columnist for the Western Standard  lslobodian@westernstandardonline.com

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BC increases vaccine efforts amid slowing rates, including ‘vax vans’

“Over the next two weeks, BC will push hard to vaccinate as many eligible people as possible.”

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BC health officials want more people rolling up their sleeves for the COVID-19 shot, and say they will be increasing efforts in the coming weeks to do just that.

Dr. Bonnie Henry, Health Minister Adrian Dix, and Dr. Penny Ballem addressed BC’s vaccine roll-out plan during a Tuesday morning news conference.

Among their announced efforts are “walk-in Wednesday” which will take place August 4 when 20,000 jabs will be made available with no need to book in advance.

Walk-in Wednesday is part of the “Vax for BC” campaign.

“I’d like to begin by thanking each and every one of the millions of British Columbian’s, like me, who have stepped up to be vaccinated,” said Henry.

“Because of this small act, we have been able to re-open our province.

“While we have made tremendous progress with our immunization plan, there is of course more work to do. We know that some people still struggle to find a convenient time in their day to get immunized, and others may still have questions, and be hesitant about the vaccine.

“So starting today, we are making it even easier for people to get vaccines. To help protect themselves, and their loved ones against COVID-19.”

Henry said the province will be introducing “custom vax vans” so people will be able to get vaccinated on their lunch break or “while cooling off at a lake.”

The province is also reducing the wait time between first and second doses from eight weeks to seven weeks.

There are currently 906,772 eligible people who have not received a dose, roughly 19.6% of the population older than 12, according to data from July 23.

Interior health has an un-vaccinated population of 26.2% while Northern health has 32.5% without a first shot.

On Monday, the Surrey Board of Trade wrote a letter to Prime Minister Justin Trudeau, Health Minister of Canada Patty Hajdu, BC Premier John Horgan, and Minister of Health Adrian Dix urging them to “implement a proof-of-immunization model.”

“We support a centralized, Canada-wide approach to COVID-19 proof-of immunization that could be easily used to confirm vaccination status for international and domestic use,” said Anita Huberman, CEO, Surrey Board of Trade.

“Without inter-provincial harmonization, Canada risks a piecemeal approach, making life more difficult and unpredictable for individuals and employers during an already uncertain time.”

Last week, YVR airport implemented separate lines for vaccinated and un-vaccinated individuals prior to reaching customs.

The separation of lines – which was put in place as a federal policy – has since been removed following extensive public push-back.

As for enforcing proof-of-immunization policies at concerts, night clubs, and sporting events – an increasing number of British Columbian’s are cozying up to this idea.

Reid Small is a BC correspondent for the Western Standard
rsmall@westernstandardonline.com

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News

Feds silent on $120M loan to company not ‘worthy of taxpayers’ largesse”

Both CMHC and the Department of Social Development declined to respond to questions.

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Federal agencies yesterday remained mum about a $120 million housing loan to one of Canada’s wealthiest developers, after Cabinet earlier defended the loan as critical, said Blacklock’s Reporter.

“This project will help over 300 local families find rental housing units,” Ahmed Hussen, minister responsible for housing, told reporters. “That’s why the government is taking action to increase the supply of rental housing through projects like the one we’re announcing.”

Cabinet on July 19 announced the $120 million loan to build 302 apartments in Brampton, Ont. The developer is Choice Properties Real Estate Investment Trust. The company’s CEO was paid $3 million in salary and benefits last year, according to corporate filings.

“This project will help over 300 local families find rental housing units,” Hussen’s department said in a statement. “A solid and reliable supply of rental housing is critical to ensuring more Canadians have access to housing that is affordable.”

Choice Properties is owned by George Weston Ltd. The developer’s 2020 net income totaled $451 million. The loan was approved through a federal program, the Rental Construction Financing Initiative, that extends 10-year, easy-term credit “for certainty during the most risky periods of development,” according to Canada Mortgage and Housing Corporation.

Both CMHC and the Department of Social Development declined to respond to questions. The news website Press Progress cited data from Canada Mortgage and Housing that of 302 apartments in the Brampton project, as few as 61 would rent at below-market rates. The building is scheduled for completion by 2023.

“We know that finding an affordable place to live is a challenge for many Canadians in communities across the country,” Prime Minister Justin Trudeau said at the time. “Today’s announcement is great news for families in Brampton. The Government of Canada will continue to invest to increase affordable housing options.”

George Weston Ltd. reported net earnings of $1.6 billion last year. It also operates the Loblaw Companies Ltd. supermarket chain that in 2019 received a $12 million federal grant to install new freezers. “Canadians might wonder why the Liberals handed over $12 million to Loblaw’s, one of Canada’s richest companies,” Conservative MP Mark Strahl (Chilliwack-Hope, B.C.) earlier told the Commons.

The freezer grant was paid under a Low Carbon Economy Fund. A now-disbanded ecoEnergy program similarly paid grants to large corporations in the name of energy efficiency.

Sobeys Inc. received $1.48 million in ecoEnergy grants in the period from 2006 to 2013. Loblaw Companies received $801,000. A total $207,968 was paid to McDonald’s Restaurants and $153,960 to Sears Canada.

“These companies are flush,” Liberal MP John McKay (Scarborough-Guildwood, Ont.) said in an interview at the time. “Companies, given their financial statements, don’t seem to be worthy recipients of taxpayers’ largesse.”

Mike D’Amour is the British Columbia Bureau Chief for the Western Standard.
mdamour@westernstandardonline.com

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