Conservative legal group challenges new COVID restrictions on group gatherings in Alberta
Justice Centre for Constitutional Freedoms argues most deaths and severe cases were among the elderly and therefore it’s difficult to justify the restrictions
Justice Centre for Constitutional Freedoms founder John Carpay: “We’re publicly objecting to new restrictions on Charter freedom to associate.” PHOTO BY NATIONAL POST FILE
EDMONTON — A conservative legal group is challenging new restrictions on gatherings in Alberta, saying they are a violation of Charter rights to assembly. The province implemented the group gathering restrictions this week as it faces record-breaking numbers of new COVID-19 cases.
The Justice Centre for Constitutional Freedoms, headed by lawyer John Carpay, has been involved in a number of high-profile cases over the years and has recently taken up a number of anti-COVID-restriction causes.
The Justice Centre is also representing Canada Galaxy Pageants, a beauty pageant for women and girls based in Toronto, against a new human rights complaint made by Jessica Yaniv, a transgender person.
“We’re publicly objecting to new restrictions on Charter freedom to associate,” said Carpay in an interview with the National Post.
As yet, they aren’t filing a lawsuit or anything of that nature — just raising objections.
On Monday, Dr. Deena Hinshaw, the province’s chief medical officer of health, announced private gatherings would be capped at 15 people in Edmonton and Calgary, in response to surges in COVID-19 cases that are putting a strain on the hospital system and leading to the deferral of surgeries and other medical services.
As of Thursday afternoon — before Hinshaw’s daily case update — there were 126 people in Alberta hospitals with COVID-19, 19 of them in ICU. There were 4,793 active cases, and 313 Albertans have died.
Carpay argues most of the deaths and severe cases were among the elderly — the average age of death is 82 — and therefore it’s difficult to justify the restrictions.
Carpay contends the order is based on “cases” of COVID-19, “including thousands of ‘cases’ among people who are not experiencing any symptoms or illness,” he said in a statement about the challenge. He argues today’s cases include completely healthy people who have a positive test, and he disputed the reliability of PCR testing.
Alberta Health Services says the National Microbiology Lab found Alberta’s tests to be 100 per cent accurate.
Hinshaw’s order says voluntary measures in Edmonton haven’t successfully brought the case counts down, necessitating more stringent steps.
Carpay sees it otherwise. “It’s a fundamental freedom that I have as a citizen to invite 16 or 20 people over to my house if I so choose, if we choose to associate with each other,” he said.
“Whether it’s six people or 10 people or 20 people, when the government tells you how many friends you’re allowed or not allowed to have over to your house, that is a very obvious and very direct infringement of freedom of association,” said Carpay.
In her media briefings, Hinshaw has repeatedly pointed out the majority of COVID spread in the province is because of private gatherings, and restrictions protect those who are vulnerable to the disease, as those who are less vulnerable can pass it on to elderly relatives, for example. She has said the current spike in cases is due to families gathering for Thanksgiving celebrations.
Hinshaw has also said the long-term effects of catching COVID-19, even among younger people who aren’t hospitalized, ventilated or dead, are not yet known
In a news release, Carpay said the disease hasn’t killed the early projections of 32,000 Albertans, so it’s not as deadly as initially claimed.
The Anti-Lockdown Revolt is Spreading: 250 Freedom Fighters Rally in Duncan, BC, Sunday, November 8
My own highlight of the anti-lockdown rally in Duncan was = the group hug I shared with a couple of gals. If a picture is worth a 1000 words, then that moment of warmth communicated volumes in this climate of govt.-induced psychosis. I didn’t get the name of the one wearing the Hugs over Masks shirt, so = thank you “Miss SuperSpreader” ! Angel spreading Joy and Truth, that is. Heather and I were blessed.
For openers, the master of ceremonies announced that we were expected to ‘social distance’ and that the police had told him they would be handing out tickets. Which was greeted with restrained mirth by the crowd of about 250. ‘So what?!’ went unspoken. I glanced at the 6 RCMP officers standing up on the bank, no hats, all dutifully masked like desperadoes rather than law enforcement. One of them taking photos.
Ryan Kulbaba came on like gangbusters, delighted at the turnout… livening-up the audience with his trademark “Freedom is essential” chant … calling it “a celebration of rights and freedoms”. Exactly ! He asked the crowd how many had been to the other rallies… half of us raised our hands.
Every rally has had a moment when we sing the national anthem. Particularly dear to me, is, that a bunch of ordinary folks can sing Oh Canada, acapella, on a moment’s notice. This time we weren’t as good as Christie Doerksen leading us in Vancouver, singing her heart out … yet as ragged a chorus as we were, we proved “seeing is believing but hearing is belonging”. Ryan congratulated us “you are all amazing Canadian Patriots”
Then he launched in to excoriating the Pharma-shill – namely Bonnie Henry – sending her the message that “she will not tell us what to do in our own homes. Those Orders restrictions are NOT the law! We need oxygen to breathe. Keep protesting. Keep having your voices heard. We have the Charter right to assemble.” best of all “WE DO NOT COMPLY!”
He then went in to a quick explanation of how important it is to appreciate that our immune system is the best defence against the Covid case-demic.
I was delighted to hear him get right down to the nittygritty, ie. “the whole purposeis to crush businesses then get them dependent on CRB” calling it “communism” At every rally I’ve been to, witty signs are educating the nation that this thing is NOT about ‘health’. The fiat currency of the US of A is at the end of its use-ful-ness to the globalists. Spend time doing your own research = you will learn that the SCAM-demic is only coverstory for the gigantic Re-set of the monetary system.
An important aspect of each of the 5 rallies, has been : we are on good terms with the police. The MC pointed out that, on the march, ‘we do not engage with opponents. This is a peaceful protest. The RCMP will take care of any trouble’ asking the crowd to thank them for being there. Which got a good round of applause. So far, I’ve attended 4 major rallies since the Panic-demic was imposed. Each time, police were present, standing by calmly. Dave Lindsay set the precedent back in August, in Kelowna. There – the local by-law officer and the Inland Health Authority minion attempted to shut down the C.L.E.A.R event in a public park but Dave talked them down from their high-horse. It went ahead with an audience of 200+. The RCMP were exemplary … playing their proper role of directing traffic while Canadian citizens exercise our rights, unmolested by official-dumb
Witch Henry is on the idiot-tube, daily, casting her spell upon British Columbia, pronouncing the Central Party Line >>> constriction unto death.
But the mere presence of people assembled in public, breathing freely, undoes that curse. Witnessing against her wickedness, David Bentley boldly announced himself a ‘born-again Christian coming from a Christian perspective’… reminding us “you’re in a war”. The war he’s referring to, is : the perennial contest of the Ages, between Good and Evil for control of the Planet. In that battle, Jesus Christ said he “came that ye may have life, and have it more abundantly”.
I most strongly urge everyone attend these gatherings while you can. It is not inevitable that the dark night descends upon us. There is much good information to be had that does not come across a computer screen. The internet is a mile wide but a quarter of an inch deep … no substitute for the fun of fellowshipping with likeminded folks. Quit worrying how powerful the adversaries are … tune out Doktor Henry droning-on with her fear porn. A smile of understanding shared briefly with someone whose name you may not even know, remedies her Mesmer-izing.
Humans go insane in herds : they come to their senses one at a time. Us showing up at these events, voicing our criticism of the NON-sense tells officialdom everything they need to know, if they were a’listening. I doubt they are. But your neighbours are. We are leading by example. Comes to mind Churchill’s quote
“If you will not fight for the right when you can easily win without blood shed, if you will not fight when your victory is sure and not too costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival.”
In all seriousness : that is where we are today
The Freedom Rallies across the Country have created what is known in British jurisprudence, as = a good set of facts. At the Duncan gathering, I spoke with the RCMP officer in charge, Corporal Pharis, relating what happened in Vancouver, on September 13 when 1000 + people were gathering in front of the Art Gallery. Sgt. Roberts said
“We decided not to enforce the Order today because the Charter is higher than the Public Health Act” direct quote. Then I asked Cpl. Pharis ‘how come you aren’t handing out tickets ( Violation notices ) under the Public Health Act, for us contravening the Order of the Chief Medical health officer?” He politely told me “it’s a peaceful crowd”. And that they were “exercising their discretion’. Meaning … to enforce the Order, or not. Fine with me! So we now have 5 instances where 4 police forces did their job condoning expression of our political opinion. Would this be happening if there really was an emergency? The question answers itself.
In our law, there is a concept known as “officially-induced error / bureaucratic indifference”. It is crucial that these gatherings of local dissident voices continue, regardless of how many warm bodies show up time by time in the Canadian winter. Money cannot buy advertising like this. While the good little serfs cower in their dwellings, paralyzed with fear, we’re stating our case where it matters, on the ground. The so-called “pan demic” is the greatest medical mistake in history. One of the best signs yesterday, was just the words “We’re not having it” So very British !!
The rally had been scheduled to march away at 2 pm precisely. But it was delayed by the first speaker going off on a tangent about the Great Flood of Noah’s Day. So by the time the marchers got back, the sun was getting low in the sky. Realizing that time was tight, Dr Malthouse kept his remarks concise. His presence now on the front line of this movement, is brilliant. His letter to Bonnie Henry boiled down the confusion to make the issue understandable to ordinary people. Let’s see her rationale for subjecting the province to Medico-Stalin-ism
I am a great fan of pamphleteering. So it was good to see Linda Morken there with lots of literature. The Free Press is is the People’s friend, the Tyrant’s foe because you never know where it penetrates. People take it home. It lasts.
The VaccineChoice court case is underway in Ontario. What’s going on = challenging the fools installed in provincial Legislatures = is “lawfare” … having an independent judge test the constitutionality of what the fascisti have done. Such public interest litigation is how we confront the powers-that-Be without it getting ugly.
Lady Michele Renouf Acquitted For Thought Crimes in Germany
At last it is safe to communicate the good news from Dresden, where the German state abandoned its prosecution of Michèle. We were required to remain silent about this until the papers had been signed by the court on October 28th formally acquitting Michèle on all charges, and received by Attorney Wolfram Nahrath in Berlin on November 5th.
For once we have some good news! This will be posted later this evening on the blog site etc.
!
Victory! Lady Renouf vindicated over Dresden speechAfter 32 months German courts back down, Renouf acquitted
In a last minute reversal, German prosecutors and a district court judge in Dresden have ended their criminal case against Lady Michèle Renouf, terminating a 32-month process, days before it was to come to trial. Having arrested and charged Lady Renouf in 2018 immediately after her impromptu speech at a commemoration in Dresden, German prosecutors opened proceedings a year later under Germany’s notorious §130 Volksverhetzung law alleging “public incitement”, but the case has now ended without Lady Renouf being found guilty of any offence. (She has had to pay only a modest fee for the costs of a translator.)
“This decision was extraordinary – almost sensational”, says Wolfram Nahrath (Lady Renouf’s German attorney) who points out that such an ACQUITTAL of the charges in a ‘Holocaust’-related trial is a first in Germany. The German authorities did not want to take the risk of putting Lady Renouf on trial, given her background and the German constitutional issues that would inevitably be highlighted.
The §130 Volksverhetzung law has been used to jail German scientists, authors and even lawyers in recent years. ‘Holocaust’-related offences of ‘public incitement’ almost inevitably lead to long prison sentences. Yet the unique circumstances of Lady Renouf and her 2018 Dresden speech led prosecutors to withdraw. The modeltrial.blogspot.com blog and related social media accounts will examine the extraordinary fabric of the Renouf case and explain why the German state chose to throw in the towel.
German Thought Criminal & Political Prisoner Ursula Haverbeck, 91, Freed After 18 Months in Prison
Mike Walsh
It is with delight that we learn that Frau Ursula Haverbeck, persecuted and imprisoned since 2004, has been released from her German jail.
Dubbed ‘The Nazi Grandma’ by toxic corporate-owned state-subservient mainstream media, the venerated denizen of truth-over-lies was, in fact, harassed because she determined to put an end to extortion posturing as reparations for deaths that have been constantly shown to be false.
In effect, Ursula Haverbeck was persecuted and imprisoned for claiming that you cannot convict a nation or its people for murder without showing genuine evidence of the victim.
Well, Ursula is not a No Body anymore is she? In fact, it is the esteemed heroine’s triumph. Her persecution and her imprisonment has drawn international attention to crimes of the German judiciary and the foulest media that ever blemished the fair face of freedom
I attack a victory meme. I invite you to use it as widely as possible to give two-fingers to her captor, the judiciary and the presstitutes of the West. Danke Ursula; you are everyone’s favourite grandma.
Michael Walsh, Europe Renaissance.
UN Universal Declaration of Human Rights Everyone has the right to freedom of opinion and expression; this right includes the right to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
2,000 people march through Aylmer, Ont., to protest COVID-19 health measures
Many came from outside the town, a move public health officials say is dangerous
Kate Dubinski · CBC News · Posted: Nov 07, 2020 8:10 PM ET | Last Updated: November 8
Hundreds of people stand by the side of the main street in Aylmer, Ont., before a rally and march to protest public health measures. (Kate Dubinski/CBC)
Chanting “Rise up!” and “Freedom is essential,” at one point up to 2,000 people marched through the streets of Aylmer, Ont., calling for the end of public health measures such as mask wearing and physical distancing that say encroach on their rights.
Supported by other groups who have held similar rallies in Ottawa and Toronto, the protesters held signs that said “Facts over fear” and “No new normal.”
The marchers included many people from the town’s large religious communities.
“I am here to standing up for freedom. Freedom not to have the government overreach, freedom of assembly with those we love, freedom to go where we want to go,” said Herma Van Meppelen Scheppink, who came from nearby St. Thomas, Ont., to show her support.
Protesters in Aylmer, Ont., held up a variety of signs. (Kate Dubinski/CBC)
With a population of 7,500, the town of Aylmer, has the highest case rate of any surrounding community and the highest in its health region, even though Southwestern Public Health includes two counties and two larger cities. Public health officials in the region and surrounding areas called the rally dangerous, saying the combination of a large crowd and not wearing masks could be disastrous for the spread of the novel coronavirus that causes COVID-19.
The rally was organized by Kimberly Neudorf, an Aylmer mom with backing from the controversial Church of God pastor Henry Hildebrandt, who has fought against public health measures and shutting of his church since the beginning of the pandemic.
“I’m here to voice my opposition to a tyrannical government. I want to show support to this community. People are here for masks, I’m here for freedom,” said Catherine Carter, who came from Windsor, Ont., and has gone to Ottawa to similar rallies.
“I have been watching this movement grow in the last six months. The louder people are, the better people will hear us.”
Up to 2,000 people marched through the streets of Aylmer, Ont., angry about masks and physical distancing rules put in place by the provincial and federal governments. (Kate Dubinski/CBC)
When news of the protest, and those from other cities, spread in Aylmer, the mayor declared a state of emergency, freeing up more resources for the police.
Aylmer Police and Ontario Provincial Police officers stood by during the rally at the East Elgin Community Complex and the subsequent march through town.
Those who support public health measures in the town held their own small rally in the morning, and some lined the streets watching the protesters walk by.
“This is my home. The majority of Aylmer is adhering to the mask requirements, but we have this small group of people who are bringing in hundreds and hundreds of people from outside the community, encouraging them to shop in our stores,” said Anastasia Gelinas. “And the virus will surely spread, and they just don’t care.”
Aylmer resident Anastasia Gelinas says those who oppose public health guidelines in the town are the minority. (Kate Dubinski/CBC)
“They’re spreading terror through this community. I’m worried about the town and the businesses in the town. Some have quit their jobs because there are so many people coming in without masks. I’m embarrassed. The town, the vast majority, is not like this.”
Mike Moore stood amid the large number of protesters holding a sign that read “Respect your neighbours, wear a mask!”
“I believe we’re in a pandemic with the coronavirus and we need to take it seriously. The government mandated masks for a reason,” he said. “I’m embarrassed. I’ve never seen anything like it here in this quiet community.”
Aylmer resident Mike Moore says he is embarrassed about the people in his town who are protesting the public health measures and angry at those from outside the community who came to protest. (Kate Dubinski/CBC)Protest organizer Kimberly Neudorf speaks to the large crowd. (Kate Dubinski/CBC)
Freedom Fighters Defy Bonnie Henry’s Latest Stalinist Lockdown & Rally to End the Lockdown
VANCOUVER. Sunday, November 8, 2020. On Saturday, British Columbia Chief Medical Officer of Health announced more Stalinist restrictions for Vancouver and the Lower Mainland. According to Global News (November 7, 2020) these new massive assaults on Charter rights of freedom of association included: “Under the new order, residents are banned from visiting each others’ private homes for two weeks.”
The order applies to social gatherings of “any size” with people other than one’s immediate household, regardless of whether it is fewer than 50 people or physical distancing is observed.
Today, Vancouver area freedom fighters defied the tyranny and held their weekly Sunday END THE LOCKDOWN Rally in Robson Square outise the Vancouver Art Gallery.
A participant reported: ” It was a great day for about 300 of us. A movie company had their trailers and other equipment on most of the plaza and had it fenced off, but we all managed to squeeze into the Howe St. side . The Vancouver police were very supportive of us at the rally and on the march. We had high energy speeches and a wonderful march. ”
NO MORE LOCKDOWNS.ORG — A New Organization Plans Freedom Lawnsigns Across Ontario
A new initiative has been launched, NoMoreLockdowns.org. This is a grassroots organization composed of many credible people who require anonymity because of their professions, such as those in public service, and government contractors.
No More Lockdowns will escalate and amplify the pressure on our government, and you can help them send the message. They are fighting for a sole cause, to stop Premier Doug Ford and Justin Trudeau from imposing more destructive and unjust lockdowns on the people of Ontario and Canada.Many of you have asked what is the best way you can help me. You can do that by joining and supporting No More Lockdowns.
Their first effort is a province-wide lawn sign campaign that demands “No More Lockdowns”, so you can publicly demonstrate your support for our Charter of Rights and Freedoms. If you would like a lawn sign and/or to become a depot you can do that here. They expect delivery of their first lawn signs to begin in the second week of November.
I hope you can now help No More Lockdowns share the message that our freedoms matter. It’s an important endeavour this group is undertaking; they are speaking for all of us, and I hope you will support them and encourage all Canadians that we need to get back to normal.Again you can find them at their website: NoMoreLockdowns.orgYou can sign their petition: NoMoreLockdowns.org/petitionGet a lawn sign and/or become a depot: NoMoreLockdowns.org/lawn_sign_requestAnd volunteer: NoMoreLockdowns.org/get_involvedSincerely,
Randy Hillier P.S. While I know my efforts enjoy support from across the country, and indeed the world, this initiative is exclusively for Ontario. If you’d like to start a similar initiative in your province, and need some guidance, I suggest you reach out to them at info@nomorelockdowns.org
Former Political Prisoners & Thought Criminals Dr. James Sears & Leroy St. Germaine Seek Postponement of Appeal for Time to Prepare Constitutional Challenge
TORONTO, November 4, 2020. Tomorrow former political prisoners Dr. James Sears, editor, and Leroy St. Germaine, publisher of the satirical tabloid YOUR WAR NEWS, will appear in a phone conference before Mr.Justice Peter Cavanaugh to seek an adjournment of their appeal scheduled for November 10. They seek the adjournment to properly prepare a constitutional challenge to an interlocutory decision by Justice Ackhtar,, October 8, granting a Crown request that the Appeal, originally scheduled for October 13-15 be held by video Zoom rather that in person.
The appelants were granted time until November 10 to prepare their presentation and exhibits to fit the video format. The Appeal is against both their conviction and sentence (the maximum one year) of charges of “wilfully promoting hate” against two privileged minorities – women and Jews — contrary to Sec. 319 of the Criminal Code, Canada’snotorious hate law.
Dr. Sears and Mr. St. Germaine need more time to prepare and file Constitutional challenge and advise the 10 provincial and two territorial Attorneys-General. Dr. Sears told CAFE that the Constitutional challenge focuses on the order that the Appeal be conducted by Zoom. There will be witnesses in the Appeal — lawyer Dean Embry and Dr.Sears, among them. The Zoom venue does not allow the judge to gauge facial clues and interaction to assess credibility of witnesses, as a live hearing would do. “The Zoom ruling denies us a fair trial,” as guaranteed under Sec. 7 of the Charter which guarantees natural justice, he said.
1. The Appellant consented to appear at a case management conference before Justice Akhtar at 4:30 PM on Friday October 9th. He was informed of the conference only a few hours before it was scheduled to commence. Furthermore, it was scheduled only one half of a business hour before an October 13th appeal hearing scheduled months in advance was to commence.
2. Just prior to the conference, Mr. Bernstein forwarded The Appellant a copy of an anti-facemask flyer without any context as to why it was relevant to the case management conference. During the case management conference Mr. Bernstein claimed to Justice Akhtar that he had never seen the flyer before. However, at the end of an October 13th appearance before His Honour, he admitted to having had it in his possession for 3 months, as it had been forwarded to him by Mr. McCuaig on instruction of The Appellant on July 9th.
3. The October 9th case management conference lasted approx. 30 minutes and moved lightning fast. Since it was scheduled to be a case management conference, The Appellant was under the impression that it was just a casual, off-the-record discussion of the logistics of the trial. During this case management conference, Justice Akhtar was honourable enough to admit that he made an error in scheduling the trial; that he had meant to schedule it as an in-person hearing as agreed upon by all participants, but instead it was scheduled to proceed by ZOOM.
4. During this case management conference, Mr. Bernstein brought up the anti-facemask flyer, claimed his life was in danger being in the same room as The Appellant and/or The Appellant’s supporters, and requested that the mode of the appeal hearing be changed to one to be held by ZOOM. Mr. Bernstein was the only participant who had concern about appearing in person, so The Appellant spontaneously consented to Mr. Bernstein appearing by ZOOM whilst everyone else would appear in person.
5. Justice Akhtar made the erroneous assumption that The Appellant could not enter the courthouse without wearing a mask. That is simply not true, as the Ontario Human Rights Codes clearly provides exemptions for a number of reasons.
6. The Chief Justice of the Superior Court has set strict practice guidelines, one being that all self-represented appellants must appear in person.
7. The Appellant was given no notice before the case management conference before Justice Akhtar, that he would be arguing a motion to change the months-ago agreed-upon method by which the appeal would be heard. Therefore, The Appellant did not have time to review case law and case studies in order to argue against the motion. During this snap, surprise motion hearing, The Appellant was told by lawyers participating in the conference that the case law was not in his favour; and Justice Akhtar accepted these declarations as gospel. The Appellant vehemently objected. Nonetheless, supposedly an order to hold the appeal by ZOOM arose out of this hearing (and there is a reason why The Appellant employs the term “supposedly”).
8. The Appellant has never been served with a copy of this supposed order.
9. The Appellant has never been served with written reasons for this supposed order.
10. Upon attempting to order transcripts for this snap, surprise motion hearing, the transcription company replied “The courthouse is saying they sent the recording in error for October 9th, 2020. It was a case management hearing and therefore cannot be transcribed without a court order.” Therefore, this order, if it exists at all, is not reviewable, which is clearly unconstitutional. The Appellant asserts that as such, the order is not enforceable.
11. The Appellant spent approx. 2 weeks after October 13th trying to figure out how to present evidence for his appeal hearing, by ZOOM instead of in-person, including how to present documentation to Mr. Embry during cross-examination on his affidavit. Hearing preparation has been extremely frustrating; appearing by video will surely hinder The Appellant’s ability to argue his case.
12. Furthermore, The Appellant has been extremely troubled by the October 9th ambush. Intrusive thoughts of this egregious abuse of process have made it difficult for him to concentrate on preparing for his involuntarily ZOOM hearing. So for his own peace of mind The Appellant took a break from preparing his appeal strategy and decided to confirm that the lawyers at the case management conference were not being disingenuous or incompetent in claiming that the case law surrounding involuntary ZOOM hearings was clearly stacked against him.
13. After a few days of deep research, The Appellant was disturbed to discover that he had been misled; it appears that no case law exists where any participant can be forced to proceed by video; case law merely establishes where judges can order voluntary remote appearances for participants over the objections of other participants who will appear in person. Furthermore, upon reviewing Parliamentary debate transcripts, it is clear that the law which expanded the auspices of remote appearances was never meant to apply to situations such as the one before This Honourable Court.
14. In addition to reviewing case law surrounding the constitutionality of forcing him to proceed by ZOOM, The Appellant reviewed procedural case law in order to establish which court to apply to for relief arising out of the abusive interlocutory order; an order which was argued with no notice, in clear violation of the Principles of Natural Justice. The key case in that regards appears to be Regina v Johnson out of the Appeals Court of Ontario. To sum up, according to Johnson, The Appellant must ask the trial judge (or in this case, the appeals judge at the level of court out of which the interlocutory order arose) to hear the Charter case. In other words, application to a superior court for prerogative writ or Charter relief in the course of criminal proceedings must establish that extraordinary circumstances exist such that interests of justice necessitate immediate granting of relief (that would only apply if His Honour denies The Appellant’s motion and tries to force him to undergo video cross-examination on November 10th). Otherwise, issues arising in the context of criminal prosecution should ordinarily be dealt with within the established trial and appeal process; in this case, within the Superior Court.
15. Because time is of the essence, The Appellant prepared a very rough Form 1 which Mr. McCuaig was kind enough to serve upon the Crown on October 30th, asking for an urgent hearing before His Honour. The Crown built upon the abuse of process by claiming that the motion was not being brought in the right court, even though The Appellant can clearly read English and has become pretty good at understanding case law. The Crown made this determination so quickly that they clearly had not referenced the necessary case law. The further building upon the already established pattern of abuses of process, The Crown actually had the audacity to inform Mr. McCauig by email that they were never served, even though their email denying service, in and of itself, provided evidence of service!
