Our Legal Challenge case with Rocco Galati
Press Release – Legal Challenge to COVID-19 Measures Filed In Ontario Superior Court – Vaccine Choice Canada – July 8, 2020 – Statement of Claim (redacted pdf) Video of Press Conference
Other Legal Cases – Canada
Justice Centre for Constitutional Freedoms – COVID-19 Related Legal Activity – listing of all of their cases
Justice Centre to defend numerous individuals and faith communities issued $2300 tickets under BC public health orders – Jan 8th, 2021 – ” The Justice Centre announced today that it will be challenging more than a dozen $2300 tickets given to different British Columbia individuals and faith communities, all for allegedly violating COVID public health orders.”
Justice Centre files legal challenge against BC government for restrictions on peaceful protests and worship services – Jan 8th, 2021 – “The Justice Centre has filed a legal challenge in the Supreme Court of British Columbia against restrictions on public protest and worship services resulting from Public Health Orders issued by B.C. Chief Medical Officer Dr. Bonnie Henry. The Justice Centre represents over a dozen individuals and faith communities who have been issued multiple tickets of up to $2300 for allegedly violating the Orders while exercising their Charter freedoms.”
Relatives of B.C. long-term care residents threaten legal action against province – “Legal action has been threatened against the B.C. government on behalf of relatives trying to help their loved ones in long-term care. A letter was sent to the province today, Dec. 17, after lawyers failed to get any response to an earlier request to meet and try to resolve their differences. “In the present circumstances, we consider that our clients and their loved ones have a strong basis for establishing a violation of their rights under s. 7 of the Charter,” the letter from the Vancouver law firm Nathanson, Schachter & Thompson LLP. … It goes on to say the families would much rather negotiate a quick resolution to their concerns rather than take further legal action.”
Justice Centre for Constitutional Freedoms – Alberta COVID Measures – December 4, 2020 Application (PDF) – Action4Canada’s Press Release
Update – Judge refuses to grant stay in legal challenge of Alberta’s COVID-19 restrictions – Opponents of COVID-19 rules hoped judge would grant injunction ahead of hearing on constitutionality
Justice Centre for Constitutional Freedoms – Manitoba COVID Measures – December 9, 2020 Application (PDF)
Manitoba removes ban on drive-in church services after threat of court action – JCCF.ca – “The Province’s decision to allow drive-in church services follows the Justice Centre’s legal warning letter on December 2, 2020, in which the Manitoba government was informed that outlawing religious services by Public Health Orders violates the Charter-protected fundamental freedoms of religion and peaceful assembly. The Justice Centre warned Premier Pallister that an injunction application would be forthcoming to prevent the enforcement of fines and tickets against church-goers.”
Government data shows lockdowns more deadly than COVID-19 – CALGARY: The Justice Centre today released a Charter analysis on the impact of lockdowns on the lives of Canadians. Titled “Flying Blind,” this Charter analysis demonstrates that Canada’s federal and provincial governments have not properly and adequately considered the specific nature and the full extent of lockdown harms that result from the violations of Charter freedoms to move, travel, assemble, associate and worship.
Toronto church files constitutional challenge over coronavirus-related restrictions – Global News – “The Toronto International Celebration Church says in court documents that it intends to question the constitutional validity of the Reopening Ontario Act. The notice of application says that the church is challenging the provincial health guideline that limits weddings, funerals, and religious services to 10 or fewer people in regions of Ontario that are under lockdown like Toronto and Peel Region.”
Pandemic shutdown of small businesses unfair, Ontario judge says – Toronto Sun – “According to Blacklock’s Reporter, the court ordered a quick hearing on Dec. 3 on a challenge by one of the country’s largest appliance dealers, Canadian Appliance Source LP, of public health orders. The company seeks an injunction after warning it will lose millions in Christmas sales.” Link to case. Decision December 16, 2020
B.C. Supreme Court tosses White Rock dad’s challenge of province’s school reopening plans – Court challenge had requested mandatory masks and more physical distancing – Peace Arch News – Also B.C. dad pledges to appeal quashed call for mandatory masks, distancing in schools – Bernard Trest and Gary Shuster challenged health, education ministries’ return-to-school plan – Peace Arch News
Collective Self-Determination Rights Court Case against the Government of Canada, Ontario and the UK. filled August 17, 2020 – The Great Canadian Political PowerShift
Manitoba Mask Case – Manitoba judge dismisses parent’s claim for exemption from school mask requirement – Parent filed court application against French school division – Mother sues school division for $200K for requiring face masks – Woman Sues School Division For $150,000 For Forcing Children To Wear Face Masks – Newsweek
Justice Centre warns Alberta Government that strict quarantine requirement is incarceration and unconstitutional – September 22, 2020 – Justice Centre for Constitutional Freedoms
Justice Centre challenges Feds over arbitrary quarantines – September 21, 2020 – Justice Centre for Constitutional Freedoms Demand Letter PDF
Government could be on the hook for multi-millions in damages, says St. John’s lawyer -ST. JOHN’S, N.L. — A class action lawsuit has been filed against the province related to its COVID-19-related travel ban, alleging the ban breaches multiple sections of the Canadian Charter of Rights and Freedoms and government doesn’t have the power to even implement it in the first place. The lawsuit was filed at Newfoundland and Labrador Supreme Court Tuesday by St. John’s lawyers Geoff Budden and Bob Buckingham on behalf of Canadian citizens and permanent residents who don’t ordinarily reside in Newfoundland and Labrador but have properties here and are unable to get to them due to the travel ban. The representative plaintiffs are Werner and Sharon Koehler, Ontario residents with a home in Bay Roberts. The Koehlers also operate Seacliff House Productions, an art gallery and shop, in the Conception Bay North community. … Theirs is the second legal challenge launched against the travel ban. Nova Scotia resident Kim Taylor, a Kilbride native who was denied permission to enter the province for her mother’s funeral last month, is also arguing the ban breaches her constitutional rights. The Canadian Civil Liberties Association has joined her in the lawsuit, which will be heard in court in August.” Read the SOC here. (pdf) Bob Buckingham website
**UPDATE Newfoundland 9-17-2020 ** N.L. travel ban upheld in provincial Supreme Court ruling – Some rights were infringed, but it was for the benefit of the province, judge rules – Decision PDF
Charter challenge filed against N.L.’s travel restriction Bill 38 – Kim Taylor challenges government after first being denied a visit home for her mother’s funeral – May 20, 2020 – “The Newfoundland and Labrador government is facing a court challenge over its legislation that controls travel into the province to slow the spread of COVID-19. Kim Taylor has launched a legal challenge against Bill 38, after she was barred from attending her mother’s funeral in early May. She is backed by lawyer John Drover and defence lawyer Rosellen Sullivan — representing the Canadian Civil Liberties Association — who have filed an application on Taylor’s behalf under Section 6, which deals with mobility rights, of the Canadian Charter of Rights and Freedoms. ‘Mobility of people is a basic, human right and she has been denied hers and we’re all being denied ours,’ Drover told CBC News on Wednesday.”
Ford government sued after months of lockdown of seniors in long-term care – Notice of Application PDF – August 25, 2020 – Justice Centre for Constitutional Freedoms
City of Edmonton facing $565-million lawsuit over COVID-19 mandatory mask bylaw – Edmonton Journal – “An Edmonton man is suing the City of Edmonton for $565 million, citing nuisance and a public health hazard created by the temporary mandatory mask bylaw. In a statement of claim filed in the Alberta Court of Queen’s Bench Monday, Glenn Miller argued the new mask law has led to an increase of used masks on city streets and created a “health crisis.” Decision December 16, 2020 – ‘Abuse of the court’: Judge tosses lawsuit over Edmonton COVID-19 mask bylaw
Groups launch legal action against Ontario for sharing COVID-19 data with police – CTV News – “A spokesperson for the Ontario Ministry of the Solicitor General confirmed with CTV News Toronto on Friday that the government was served with a notice. ‘On July 7, 2020, Ontario was served with the Notice of Application for Judicial Review,’ the spokesperson stated.”
Family members to launch lawsuit against Ford government for violating seniors’ Charter rights – July 17th, 2020 – Justice Centre for Constitutional Freedoms
Yukon contractors launch Charter challenge to COVID-19 restrictions – The lawsuit was filed on Tuesday with the Yukon Supreme Court (June 17, 2020) – CBC
Legal Challenge Launched Against Alberta Bill 10 – May 1st, 2020 – Justice Centre for Constitutional Freedoms
Constitutional Court Action Pending Against Alberta’s Bill 10 – Justice Centre for Constitutional Freedoms
UPDATE BILL 10 – Alberta promises to drop special pandemic powers that gave government ministers ability to make new laws – Bill 10, which passed in April, was panned by the New Democrat opposition and legal activists such as the Canadian Civil Liberties Association – Edmonton Journal – “The Alberta government is promising to give up controversial pandemic powers it gave itself back in spring — powers that already existed during a public health emergencies — and is repealing a portion of the Public Health Act that would have, in theory, allowed the government to mandate vaccinations. “We’re going to be removing those powers that ministers have during a public health emergency and leaving it for legislation to be amended by the legislature as it should be,” said Health Minister Tyler Shandro in an interview.”
Repeal of Bill 10: Minister Shandro – Minister of Health Tyler Shandro issued the following statement on the repeal of the Public Health (Emergency Powers) Amendment Act – October 15, 2020
Judge rules that COVID-19 physical distancing laws are not illegal confinement – “[Jean-Felix] Racicot argued all measures put in place from March to May to curb the spread of the cornavirus such as closing schools, prohibiting gatherings and shutting down sections of the economy be considered null-and-void. His 33-page motion details Legault’s decisions since March 13, as the government attempted to halt COVID-19’s progress. Cullen ruled against Racicot’s habeas corpus argument – where a state must justify detaining a citizen. He will hear Racicot’s arguments about whether Quebec’s other laws should undergo a judicial review at a future date.”
Extraordinary Times, Extraordinary Measures: Two ministerial orders made under the Emergency Program Act in response to the COVID-19 pandemic – Monday, June 22, 2020 – Office of the Ombudsperson Province of British Columbia Full Report PDF.
Other Legal Cases – Worldwide
Justice Barrett Casts Deciding Vote, Justice Gorsuch Hammers Gov. Cuomo’s COVID-19 Restrictions on Churches and Synagogues – Law and Crime – “In the wee hours of Thanksgiving morning, Justice Amy Coney Barrett cast the deciding vote in the Supreme Court’s ruling against New York Governor Andrew Cuomo’s COVID-19 restrictions. ”
FDA Citizen’s Petition and Request for Stay of Decision on Covid vaccines–until accurate tests are used to determine actual number of cases and non-cases in Pfizer vaccine clinical trial – Dr. Meryl Nass – “Dr. Sin Hang Lee and the Informed Consent Action Network (ICAN), through attorneys Aaron Siri and Elizabeth Brehm, have requested that FDA require accurate counts of Covid cases in the Pfizer/BioNTech Covid-19 mRNA vaccine trial and other Covid vaccine trials. Furthermore, until an accurate number of Covid-19 cases in the vaccinated and placebo groups has been determined, FDA is asked to withhold an Emergency Use Authorization for this and other vaccines. … The Petition was filed on Nov 23, and the request for a Stay was filed on November 25. The 2 documents are similar.”
Dr. Wodarg and Dr. Yeadon request a stop of all corona vaccination studies and call for co-signing the petition – “On December 1, 2020, the ex-Pfizer head of respiratory research Dr. Michael Yeadon and the lung specialist and former head of the public health department Dr. Wolfgang Wodarg filed an application with the EMA, the European Medicine Agency responsible for EU-wide drug approval, for the immediate suspension of all SARS CoV 2 vaccine studies, in particular the BioNtech/Pfizer study on BNT162b (EudraCT number 2020-002641-42).”
Portuguese Court Rules PCR Tests “Unreliable” & Quarantines “Unlawful” Important legal decision faces total media blackout in Western world – Off-Guardian.org – “You can read the complete ruling in the original Portuguese here, and translated into English here. There’s also a good write up on it on Great Game India, plus a Portuguese professor sent a long email about the case to Lockdown Sceptics.”
Court overturns order to shut Berlin’s bars and restaurants from 11pm because ‘it is not apparent’ it would help fight coronavirus – Court noted infections in Germany stem from beyond food and drink industry – It said closing bars would be a ‘disproportionate encroachment on freedoms’
It comes after Angela Merkel warned the country was heading for ‘disaster’ – “‘It is now up to the Senate whether it goes to the Higher Administrative Court,’ lawyer Niko Härting told Bild following the ruling.” – Daily Mail UK
Group fighting against mask mandate, says it’s harmful to healthy people – FOX 23 News – “Optometrist Robert Zoellner, Clay Clark, Dr. James Meehan, MD, and other Tulsa-based business owners are asking the city to immediately repeal the mask mandate which was passed by city council last month.” Video of the press conference at site or on Facebook.
Pennsylvania COVID-19 case – Judge rules case unconstitutional – decision (PDF) – Federal Judge Rules Pennsylvania Lockdown and Business Closure Orders Violate U.S. Constitution – Judge Denies Gov. Tom Wolf’s Motion, Shutdown Order And Gathering Limits Still Unconstitutional – The governor says the administration is filing an appeal.
Dr. Breggin’s COVID-19 Totalitarianism Legal Report – For Case to Stop Emergency Declaration In Ohio and Elsewhere – Ohio Stands Up! files lawsuit against the State of Ohio to remove the unconstitutional emergency order ‘We believe that the response to COVID-19 has been the greatest fraud ever perpetrated on the American public,’ attorney Thomas Renz” PDF of OHIO Case
More Evidence Presented for Why Hydroxychloroquine Should be Made Available, in a New Court Filing by AAPS – Court document– Association of American Physicians and Surgeons
Lawsuit challenging Illinois governor’s coronavirus orders moves toward appellate court – Washington Examiner
Freedom Foundation Lawsuit Alleges Mask Order Violates Free Speech – Freedom Foundation
New lawsuit challenges Wash. state’s face mask mandate – KOMO News – “‘The face-covering directive is the definition of government overreach,’ said Aaron Withe, national director of the Freedom Foundation. “If people choose to wear a mask, that’s their choice. But Inslee is going after otherwise law-abiding citizens when there are rioters destroying Washington cities such as Seattle with no punishment in sight.”
ICAN SUES NIH – The Informed Consent Action Network (ICAN) has filed a lawsuit against the National Institutes of Health because NIH has not provided records responding to ICAN’s Freedom of Information Act (FOIA) requests related to the coronavirus pandemic. Now more than ever, it is imperative that regulatory agencies overseeing the healthcare industry are fully transparent with the public to ensure the true safety and efficacy of all products. – 5:30 video
Boris Johnson faces court battle as businessman Simon Dolan argues lockdown is ILLEGAL – BORIS JOHNSON is facing a legal challenge over the Government’s decision to impose the UK-wide coronavirus lockdown.
UPDATE October 5, 2020: Michigan Attorney General Upholds Court Ruling on Emergency Powers – “A statement released Sunday by the press secretary for Michigan Attorney General, Dana Nessel (D) stated that she will no longer enforce Governor Whitmer’s Coronavirus emergency powers. The statement comes after a ruling on October 2nd by the Michigan Supreme Court. AG Nessel’s press secretary Ryan Jarvi stated, “In light of the Supreme Court’s decision on Friday, the Attorney General will no longer enforce the Governor’s Executive Orders through criminal prosecution.”
Wisconsin Supreme Court Strikes Down Stay-at-Home Order – The decision, by a 4-to-3 majority, was a high-profile challenge of the emergency authority of a statewide official during the coronavirus pandemic. – Link to the decision here.
Texas Supreme Court Reminds Cities There Is No Pandemic Exception to the Constitution – Four justices on the Texas Supreme Court just fired a shot across the bow of government officials continuing draconian COVID-19 restrictions.
High Court to rule on legal challenge against lockdown – “Johannesburg – The legal challenge to the Covid-19-enforced national lockdown – which a Tshwane-based organisation claims is based on incorrect advice and does not consider the country’s socio-economic conditions – is expected to be finalised on Monday. North Gauteng High Court Judge Norman Davis is expected to deliver his judgment on the Liberty Fighters Network’s (LFN) bid to have the regulations promulgated in terms of the Disaster Management Act (DMA) by Cooperative Governance and Traditional Affairs Minister Nkosazana Dlamini Zuma declared unconstitutional, unlawful and invalid.”
AAPS Sues the FDA to End Its Arbitrary Restrictions on Hydroxychloroquine – Association of American Physicians and Surgeons
Racine COVID-19 Regulations Ruled Unconstitutional By Circuit Court Judge – Decision Claims Restrictions Are Vague And Overbroad – Wisconsin Public Radio