Ridiculous procedural excuse to boot Adamson case out of Court

Ridiculous procedural excuse to boot Adamson case out of Court

You mean to tell me that his team of topflight lawyers FORGOT ? to put in a Notice of Constitutional Question? !
I hardly think so.

This is only the beginning. The tyrants who have trampled our rights these last 15 months simply don’t want this case to see the light of day.

In November 2020, Skelly’s restaurant in west Toronto became a high-profile flashpoint when he defied orders to close indoor dining to help stop the spread of COVID-19. Anti-lockdown protesters clashed with police, who arrived in large numbers to enforce compliance.

Skelly became an early focus of anti-lockdown anger. He maintains the order and the government’s response were unjustified and unconstitutional.

The city sought a court order restraining Skelly and his company, Adamson Barbecue Limited, from contravening the Reopening Ontario Act, the province’s regulations on what can and cannot be done in the fight against the virus that causes COVID-19.

That restraining order, opposed by Skelly, is what brought the parties to court Monday, but for Skelly, it was about far more than his ability to serve food without government permission.

Supporters gather and barbecue outside Adamson Barbecue on Nov. 27, 2020.
Supporters gather and barbecue outside Adamson Barbecue on Nov. 27, 2020. Photo by Ernest Doroszuk/Postmedia

Leading up to Monday’s hearing, Adamson Barbeque’s website was pushing his legal case along with his brisket and short ribs, a court challenge branded the “the BBQ Rebellion.”

“My lawsuit has very little to do with my restaurant. It is a constitutional question of the Reopening Ontario Act, and the evidence (or lack thereof) used to justify it,” Skelly said in a written statement prior to the hearing’s start.

“If this challenge is successful, entrepreneurs can reopen their restaurants, bars, gyms and salons, children can go back to school, and everyone can gather together to celebrate, mourn and worship.”

He refers to it as Canada’s most important constitutional case.

“My lawyers tell me that the courts tend to rule with public opinion. While the tides are turning, the media won’t report any counter-narrative, so much of the public consciousness in Canada is still blanketed by fear. I’ve done the best I can to disseminate this information, the rest is up to us on the big day,” he wrote to supporters.

In response, his case attracted a rush of interest.

People logging in to watch the online hearing quickly exceeded the maximum capacity of 500 long before court started, meaning there wasn’t room for the judge or the province’s lead lawyer to be let into the hearing.

Most observers seemed to be Skelly supporters. One man was wearing a gas mask until the court asked cameras be turned off to reduce broadcast bandwidth. The online names of some observers included Open Ontario, Ontario Stands with Adam, WhoDoYouServe, GoAdamGo, Dr. Freedom, SeeThe Truth and Let’s Go Adam!!!!.

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A plea from the court registrar for some to volunteer to leave eventually allowed the judicial participants in, and for the hearing to convene.

Observers didn’t get the fireworks or debate they had hoped for. Instead, they got a muted argument over judicial jurisdiction.

Zachary Green, representing the province of Ontario, argued there was no procedural basis to entertain Skelly’s constitutional objections.

He said Skelly has not embarked on any court application claiming relief against the province, he has only contested Ontario’s motion against him and his restaurant. Green said that violates established rules of procedure.

In court materials, the province said Skelly’s wide objections about the COVID response — called “far-fetched grievances” — far exceed the scope of the government’s action against him, which is only to close his restaurant, when everyone is told to, for health reasons.

“Indeed, they are vexatious,” the government’s court filing says.

Michael Swinwood, representing Skelly, replied that the constitutional element of Skelly’s defence has been clear from the start. If the province objected to his constitutional questions, they should have asked a judge to strike them out of their reply to the court.

“It is straightforward, and we complied with what was asked of us,” Swinwood told court.

Pre-trial procedures, including judicial case management conferences and the examination and cross-examination of expert witnesses, went ahead arguing the wider constitutional issues without any complaint or objection from the province, he said.

“It was always understood to be a notice for constitutional relief,” Swinwood said.

In court materials, Swinwood said the government’s responses to COVID-19 were not based on scientific principles or respect for human rights and are more intrusive than available alternatives.

“The epidemic of fear has ruled people and governments, and not sound scientific analysis,” Skelly’s materials say.

Judge Jasmine Akbarali, of the Ontario Superior Court of Justice, briefly adjourned court to deliberate before returning with her verdict.

“I regret to say, I do not think I have the jurisdiction to proceed to deal with these issues on their merits today,” she said.

“I do not think the hearing has been constituted in such a way to give me that jurisdiction, and it is in nobody’s interest to go ahead with the two-day hearing that is easily vulnerable on appeal on the basis that I didn’t have jurisdiction.”

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Written reasons were to be issued later.

Supporters of Skelly seemed upset with the ruling.

“Bullshit,” said one to the court. “This is injustice,” said another. The hearing was terminated just as many others were unmuting their microphones.

After court, Skelly’s lawyer expressed dissatisfaction with the outcome.

“The courts have no appetite for constitutional challenges to COVID-19 lockdowns and protocols,” Swinwood told National Post.

“Technical procedure is to rule over substance. Our freedoms are in peril and the court refused to take jurisdiction over the matter despite the rules that are designed to be flexible so that serious matters can be heard and not summarily dealt with.

“There is something deeply amiss,” he said.

Green deferred to the Ministry of the Attorney General’s spokesman for comment on the case. The ministry declined to comment, “as this matter is before the court,” said spokesman Brian Gray.

On Twitter, Adamson Barbecue’s branded account has been railing against COVID restrictions and related issues, including vaccinations, which they call “experimental gene therapy.”

The matter is expected to return to court at a later date, once a constitutional application is filed in the court.

https://nationalpost.com/news/canada/the-bbq-rebellion-gets-turned-away-from-court-delaying-face-off-over-covid-lockdowns?fbclid=IwAR0dXqtsqWIx8RgXJdlEmCTsN2MOMBA1W3i0YVmBRiVfwldoKhAqQd7FYnk

UPDATE ON ADAMSON BARBECUE LEGAL DEFENCE FUND: As of December13, $334, 550 Raised

UPDATE ON ADAMSON BARBECUE LEGAL DEFENCE FUND:  As of December13, $334, 550 Raised http://cafe.nfshost.com/?p=5190

UPDATE ON ADAMSON BARBECUE LEGAL DEFENCE FUND:  As of December13, $334, 550 Raised Barry posted a new update to Adamson BBQ Legal Defence Fund

13, 2020 Alright, alright.

Enough of you have said that you don’t want me to take this GoFundMe campaign down on December 19.

You told me that you want to give monthly, or weekly.

And you said that the ongoing success of this campaign stands as a daily reminder to the political class that we’ve all had enough.

Well, there is one more valid reason to keep this campaign active.

Adam’s counsel called me yesterday informing me that bylaw officers and government officials have made it their mission in life to attend each of Adam’s locations every single day in an effort to find something legitimate to complain about and exhaust his financial resources.

That’s right.

Rather than respond to your support with an effort to understand the needs of small business, the Tory and Ford governments have started to use the power of your tax dollars to crush the one small business person who is out there taking a stand.

So yes, I will keep this campaign active.

Even better, I have raised the stretch target to $500,000.

And Adam’s attorney assures me that every single dollar raised is going straight into a Trust account to fight this asymmetric COVID regime.

Our effort has been described as a “David & Goliath battle” by the national press.

Well, we all know who won that fight.

So let’s keep this campaign running.

Let’s commit today to a monthly donation of $20, $10, $5 or whatever you can afford.

If each one of you contributes just $20 per month, this campaign grows by $126,000 per month.

If each one of you contributes just $10 per month, this campaign grows by $68,000 per month.

And if each one of you contributes just $5 per month, this campaign grows by $34,000 per month!

No donation is too small.

Even better, those monthly donations keep this effort at the top of GoFundMe’s “popular campaigns” page, maximizing our international reach and reminding our politicians that we’re not going away.

For those of you who prefer to pay via PayPal, we will be opening an account for that purpose.

So please, do not set this letter aside.

Let’s keep this issue front and centre in the public mind.

And let’s refuse to let Big Government use our own money to steamroller the voice of small business.

Thank you so much.
by Barry McNamar, Organizer

Amidst the slough of politicians, media and citizen fear mongers supporting irrational COVID  “public health orders” that shut down small businesses while allowing corporate big-box stores to remain open… one small business is standing up for the rights of the “little guys” like you and me to get out and earn a living too.

Ontario’s Adamson BBQ has been opening every day to serve people lunch. And owner Adam Skelly is paying a high price for carrying that cudgel of liberty. Over the past 24 hours he’s been hit with numerous fines totalling tens of thousands of dollars for violating unconstitutional and draconian COVID “public health orders.”

All because he refuses to let your politicians—who are out there enjoying their fat salaries that we all pay for, wag their fingers at us and tell us we don’t have a right to earn a living too. After all, “we’re all in this together” right?

I don’t know him but I do know that guys like Adam are in short supply during this overblown COVID nonsense. And he deserves our support. 

So c’mon.

If we’re not going to be out there leading by example, let’s at least kick in $100, $75, $50 or whatever you can afford to help Adam fight this fight for us. 

If we’re not willing to kick in a few bucks to help Adam fight for our freedoms, then maybe we don’t deserve them. 

Don’t put this aside for later. Every fine, every police visit, every daily scolding by some fat cat politician is chipping away at Adam’s courage. Show him that he’s not alone.

Donate now.

Update on Adamson Legal Defence Fund — $325,496 Donated by Sunday, December 6, 2020h

Good afternoon!

As you can see by the latest update, Adam has now taken ownership of the GoFundMe account, enabling me to back away.

This could not have come at a better time as I am out of the country now and accessing internet to provide the updates is not conventionally reliable.

All good things must come to an end and our GoFundMe effort is no exception.

So, I have set a date of December 19 to close out the GoFundMe effort.

This platform is not a perpetual hosting service and I think we can all agree that our campaign underpromised and more than overdelivered on the fundraising front.

The rest is up to Adam and his attorneys.

As you know, our initial campaign goal was $10,000. This number was chosen to present an achievable figure.

Once we had exceeded $290,000 I then set a “stretch target”— a target that, if achieved, would blow opponents out of the water and send an unmistakable message to our politicians that small business owners are sick and tired of being screwed.

Well, donations have slowed and we may not reach that full $350,000 stretch target.

But that’s ok.

In just one day last week, you all gave that one final push and brought us up more than $30,000!

Thanks to you, Adam should now have enough money to take this fight, if necessary, right to the Supreme court.

You should all be very proud.

I know that I am.

I am also extremely thankful to all of you for answering the call of an old political hack like me to help a fellow out who is fighting the good fight for every single one of us.

So, thank you.

Thank you for your financial support.

Thank you for your words of encouragement.

And thank you for your good faith that the funds would be used as intended.

As you have all heard from Adam personally, the funds are going into a legal trust to support this battle for equal treatment of all businesses under the law.

They cannot be clawed back by the noisy crowd of activists who are typically anti-everything but for some reason support greater government intrusion into our daily lives.

Now, before December 19, there are a few people who have offered to maintain your donor database in order to keep you all up to date on Adam’s progress.

I will be reaching out to them and to Adam to see whom he prefers to represent his good name going forward.

It is my sincere hope that you will all be kept in the loop every step of the way.

Indeed, I hope this movement grows larger than our 6,500 donors and is joined by the more than 36,000 people who have shared this campaign so far.

And I would encourage you all, to give this campaign one final “hurrah.”

Your legacy contribution of $30, $20, $10 or whatever you can afford can push this effort to the top and allow us to close with a bang.

Thank you again to my friends, both old and new, for answering the call.

And thank you again, for uniting behind this once-in-a-lifetime call to action for Adam.

From the bottom of my heart.

Barry McNamar

Adam Skelly, the Barbecue COVID Rebel, Thanks Supporters — ” I did not expect this kind of support and I am so fired up! I could feel the love from [my] cell.”

Today by Adam Skelly, Adam Skelly, the Barbecue COVID Rebel, Thanks Supporters — ” I did not expect this kind of support and I am so fired up! I could feel the love from [my] cell.”

Barry (McNamar), thank you so much for taking your time to set this up for me. It’s been a hectic week and it was a huge load off my shoulders knowing that this was in good hands.

I did not expect this kind of support and I am so fired up! I first found out the crowdfunding while I was in custody- the officers were updating me through the night. I could feel the love from the cell and it helped me get through the 30 hours in great spirits.

Thank you all for seeing through the collective hysteria and supporting our cause. I promise you I will fight this battle to the best of my abilities and honor your contributions.

FYI- 170k has cleared and a transfer to a trust account is pending. The legal fund is safe from attack.

Adamson BBQ Legal Defence Fund Reaches $310,209 — Organizer Refuses Leftists’ Ploy of Dividing & Criticizing Supporters & Resists Censors’ Efforts to Pressure GoFundMe to Shut Down These Freedom Fighters

Adamson BBQ Legal Defence Fund Reaches $310,209 — Organizer Refuses Leftists’ Ploy of Dividing & Criticizing Supporters & Resists Censors’ Efforts to Pressure GoFundMe to Shut Down These Freedom Fighters

Good morning folks,

Well, here we are at $303,000!

Thank you sincerely for all that you have done to make this effort a success.

Now, over the past days, I have been asked to comment on various rumours and perceived controversies.

Well, I won’t do it.

From the beginning I have asked you to fund the fight to challenge asymmetric COVID regulations in the courts.

I have asked you to do that by contributing to the Adamson BBQ Legal Defence Fund.

And you have all responded in kind.

Today I want to stand by that ask.

And thank all of you for your extremely generous support, with the utmost sincerity.

During my career, I have found myself outside the good graces of the compact majority.

Not often, but enough for it to matter.

It is the nature of having a successful career in politics and policy. Well, any successful career really.

I have been the subject of rumours, media scrutiny and even legal claims that were, at the end of the day, exposed as utter bullshit and were withdrawn without prejudice.

But not before they took their toll on my interpersonal relationships with my children, my spouse, my friends, my colleagues and my clients.

And I will never use any platform to do that to another man.

Nor will I use any platform to perpetuate those claims.

Why? Because at the end of the day, they exist to weaken our resolve and encourage us to just give up.

Public relations is war. Right now, we are engaged in a war with the most powerful adversary there is— government.

This is an institution with the power to use our own money against us.

So today I want to express to you all that I stand by Adam in his fight for the fair treatment of small business.

Really, if we do not have the courage to stand by our convictions when the going gets tough, then we have no business in the fight.

I will be ceasing the campaign within the next week.

Before I do, I would really love for us to hit that $350,000 target.

This is going to be a tough battle and I would hate to see it stall out for lack of resources.

For those of you, like me, whose resolve has only been strengthened by the recent petition campaign to “defund” our fight, I hope you will give one last time.

If each of us who receives this update contributed just $7 today, we would reach our goal.

Are you with me? Do you #standbyadam?

Anti-Free Speech Leftists Try to Shut Down GoFundMe for Adam Skelly 70

Anti-Free Speech Leftists Try to Shut Down GoFundMe for Adam Skelly

Stop The GoFundMe for Adamson BBQ

Lindsay Fraser started this petition to GoFundMe

If you have been following the news you have most likely heard of this self-righteous bro who owns a bbq joint in Etobicoke that is going against the provincial government’s mandates to protect the people. Whether you agree with these mandates or not, he is putting the lives of others at risk and selfishly breaking the law in order to gain fame and attention. This has led to him being arrested and charged, as well as tax payers money being wasted in the fight against his nonsense.

Now a third party (who does not know this man) has gotten involved and set up a GoFundMe to raise money for him so that he can fight the charges against him – which is nearing a quarter of a million dollars!

This is not right and I am asking GoFundMe to reevaluate what it’s platform should and should not be used for and to remove this so called “fundraiser” immediately. It’s setting a bad precedent for others, and giving money to a “rich kid” instead of to people and small businesses who actually need it.

He has made decisions in which he knew there would be consequences – and he should pay for them himself!

It is important to also note that this guy is not the “small business working-class hero” that he is trying to portray himself as. He is a white privileged anti-masker conspiracy theorist who comes from money and is known in Toronto for being an “attention seeker”. Earlier this year he was called out by the media after he had a public meltdown on Twitter over the Covid-19 pandemic and repeatedly referred to others as the R word.

Please help by signing this petition to let GoFundMe know that you are not ok with this behaviour and that their platform should suspend this fundraiser immediately.Start a petition of your ownThis petition starter stood up and took action. Will you do the same?Start a petition

Updates

barbara-anne patterson

barbara-anne patterson signed this petition

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Emile Jumean signed 3 minutes ago

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Fight Back Against the Medico-Stalinist Tyrants in Ontario — Adamson BBQ Legal Defence Fund

$288,714 raised of $350,000 goal


Fight Back Against the Medico-Stalinist Tyrants in Ontario — Adamson BBQ Legal Defence Fund

$288,714 raised of $350,000 goal



Barry McNamar is organizing this fundraiser on behalf of Adam Skelly.

https://www.gofundme.com/f/adamson-bbq-legal-defence-fund

Amidst the slough of politicians, media and citizen fear mongers supporting irrational COVID  “public health orders” that shut down small businesses while allowing corporate big-box stores to remain open… one small business is standing up for the rights of the “little guys” like you and me to get out and earn a living too.

Ontario’s Adamson BBQ has been opening every day to serve people lunch. And owner Adam Skelly is paying a high price for carrying that cudgel of liberty. Over the past 24 hours he’s been hit with numerous fines totalling tens of thousands of dollars for violating unconstitutional and draconian COVID “public health orders.”

All because he refuses to let your politicians—who are out there enjoying their fat salaries that we all pay for, wag their fingers at us and tell us we don’t have a right to earn a living too. After all, “we’re all in this together” right?

I don’t know him but I do know that guys like Adam are in short supply during this overblown COVID nonsense. And he deserves our support. 

So c’mon.

If we’re not going to be out there leading by example, let’s at least kick in $100, $75, $50 or whatever you can afford to help Adam fight this fight for us. 

If we’re not willing to kick in a few bucks to help Adam fight for our freedoms, then maybe we don’t deserve them. 

Don’t put this aside for later. Every fine, every police visit, every daily scolding by some fat cat politician is chipping away at Adam’s courage. Show him that he’s not alone.

Donate now.

The Great Canadian Barbecue Rebellion — A Report by THE REBEL

https://www.rebelnews.com/barbecue_rebellion_day_3_owner_adam_skelly_arrested_at_adamson_bbq?utm_campaign=dm_bbq3_11_27_20&utm_medium=email&utm_source=therebel

On day three of what will now be known as “The Great Canadian BBQ Rebellion,” I returned to Adamson Barbecue to continue to cover the incredible anti-lockdown protest that was sparked by Adam Skelly’s civil disobedience.

Skelly reopened his little restaurant in defiance of the stage one lockdown that was imposed by in the Toronto region, drawing hundreds of hungry protesters who supported Skelly’s efforts to speak out against the lockdown madness. 

If you can believe it, Toronto police and public health enforcement officers changed the locks on Adamson Barbecue in an effort to prevent Skelly from opening his doors. Under the guise of ‘public safety,’ they attempted to prevent people from choosing to get a tasty meal at the family-owned establishment. 

And yet, I visited the Costco just down the road to find long lines and people packed into aisles like sardines in a can! Hypocrisy much?

In this video, I spoke to Adam Skelly about his flame-broiled defiance of the lockdown measures hurting small businesses just before he was arrested by Toronto police for trespassing on his own property! 

Take a look at our footage, and ask yourself the question: Is this really the direction we are headed as a county?

If you’re a small business owner like Adam who is choosing to open your doors in peaceful defiance of the lockdown, you can tell us your story at iWillOpen.com. You can also pitch in a donation to help us fight the fines of Canadians cited for breaking arbitrary COVID-19 violations on our FightTheFines.com page.