The State of Law in Canada
By Ted Kuntz
We are living in a time of lawlessness. Our Justices, whether in Family, Provincial, Superior, Appellate, or the Supreme Court of Canada, seem intent on violating the fundamentals of law and the body of decisions rendered over centuries of legal precedents. While the choice of medical treatment, and or, refusal has been recognized by the Supreme Court of Canada as a Charter right, this fundamental right is being ignored and consciously violated in these times of Covid-19.
Over the last three years, this has become evident in the various government’s responses to COVID mandates. The Supreme Court of Canada did not view it important enough to grant permission to appeal a case where a person would die from being refused a vital organ transplant because they exercised their constitutional right to refuse the Covid-19 injection. Never before have justices presiding in a court of law systematically deferred to government dictates without the need to provide evidence that the violations of fundamental rights and freedoms of Canadians are demonstrably justified. This rote response has been to declare ‘judicial notice’. Facts judicially noticed are not proven by evidence under oath; nor are they tested by crossexamination. This is at odds with Section 1 of the Charter, which puts the burden of proof on the government, meaning our courts are accepting, without proof, whatever the government deems necessary to address COVID, notwithstanding adequate evidence.
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Our Canadian courts are no longer impartial. Our appointed judges have forgotten that they exist to protect, not deny, our rights, which is a challenge for those of us who have initiated legal action against government overreach. Vaccine Choice Canada initiated two legal actions in response to government overreach and violations of fundamental Charter rights and freedoms. In 2019, we launched an action against the Ontario government for their threat of removing a self-declared right to exempt children from vaccines in the public school system. This action was in response to years of government threats, intimidation, coercion and fraud against parents who exercised their right to informed consent about childhood vaccinations. Vaccine Choice Canada (VCC), et. Al. (and others) v. Her Majesty the Queen, et al. (and others) Ontario Superior Court # CV-00629810- 0000 https://vaccinechoicecanada.com/wp-content/uploads/vcc-soc-ontario-redacted-october-24-2019.pdf
In July 2020, we launched legal action against the governments of Canada and Ontario for their egregious violations concerning their Covid-19 measures. VCC was the first organization to call out the global effort to deprive individual rights and sovereignty and to impose unsupported, unscientific and harmful measures upon Canadians. Vaccine Choice Canada (VCC), et. Al. (and others) v. Justin Trudeau, et al. (and others) Ontario Superior Court # CV-20-00643451-0000 https://www.constitutionalrightscentre.ca/20CRC16/wp-content/uploads/2020/09/vcc-statement-of-claim-2020-redacted.pdf
Some were critical of the length of the Statement of Claim in this matter. I assure you that this was a deliberate decision by VCC to put on the public record the coordinated effort to violate the rights and freedoms of citizens globally by global organizations, and implemented by governments in Canada. What was dismissed and deemed a conspiracy theory has proven to be accurate and well-founded. There has also been criticism of the lengthy delay in having these matters brought before the courts. There are several reasons for the delay. The first reason was institutional delay – the time to set down such a motion in Ontario is 18 months or more). Secondly, the state of law in Canada today, the fact that our courts are not respecting established law and precedents.
Our courts are not making impartial decisions, nor decisions based on evidence, but rather on opinion, ideology, and politicking. What we have witnessed during the last three years is the demise of our legal system of oversight and accountability of government action. Those, like Vaccine Choice Canada, who have initiated legal proceedings have a difficult decision to make. Do we proceed as expeditiously as possible, knowing that our courts are captured and our likelihood of success remote? The risk is that we not only lose our opportunity to right the wrongs, but we potentially increase the harm by having unjustified defeat set precedents. It is said that politics follows culture. The same is true for our judges.
There is substantive evidence that our judges, most especially our Supreme Court of Canada judges, have violated their independence from government and instead actively participated with government in determining government mandates in response to COVID. This means the recent court proceedings are a mockery of the independence of the courts.
But all is not lost. There is a growing awareness amongst Canadians of the deception and fraud committed by our governments and public health agencies under the guise of COVID-19. This awareness is shifting the culture such that our trust in government and regulatory institutions has declined dramatically. Blind trust in the benevolence of government is waning. More and more Canadians are asking the hard questions and expecting answers and accountability.
Hopefully, this culture shift will also shift our justices. We are scheduled to appear in court in January 2024.
Ted Kuntz is the President of vaccinechoicecanada.com
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