“It Ain’t Over”   Freedom activists are critical thinkers! Our society is so dumbed down and indoctrinated that anyone who is a critical thinker is labeled as a Conspiracy Theorist Did you know: The term ‘conspiracy theorist’ was first coined and used by the CIA to ridicule anyone who opposed the gov’t narrative? ————————————– ————————————– Kelowna Courts Falsified assault charge Kelowna Courthouse R v David Lindsay s. 266 Criminal Code Assault Next Provincial Court Hearing Date: June 4, 2024 2:00 p.m. Application to Judge Heinrichs for an order to force Crown Persecutor to release video of Sheriff assault on David
Results: Mr. Grabavac admitted in court that he had personally reviewed the courthouse closed-circuit camera video of the incident. Consequently, I demanded that the Crown produce this video pursuant to its disclosure obligations. Predictably, Mr. Grabavac refused, prompting me to file an application with the Judge for an order compelling its release. It is imperative to understand that disclosure is a fundamental right during both sentencing and the appeal process. I should have been provided with this video as a matter of Constitutional right. The video in question is highly incriminating, and Mr. Grabavac is fully aware of this. The footage shows a sheriff clotheslining me as I attempted to enter courtroom 100 at the Kelowna courthouse, causing me to stumble backwards. This unprovoked assault occurred without any prior warning, and it infringed upon my Constitutional right to access courtrooms, a right upheld by courts across the country. Following this incident, the courthouse modified its policies, allowing me and other accused individuals to have one person accompany them into the courtroom. This policy change implicitly acknowledges that the assault was wrongful and criminal. The Crown’s reluctance to have this video on the record is clear.

Judge Heinrichs entered the courtroom and, before I could present my case, stated that she had reviewed my application and arbitrarily decided to disregard the Crown’s submissions on this issue. She declared that, as a result, the video was not required and would not be produced, effectively covering up the incident. Judge Heinrichs was aware that if the Crown’s arguments were accepted even for consideration, she would have to order the production of this video. Her decision to exclude it from the record was a deliberate attempt to avoid evidence that would favour my case. This is another example of keeping exculpatory evidence off the court record. It is a fundamental principle that if evidence is not on the record, it cannot be considered. During the trial, Mr. Grabavac repeatedly asked witnesses to confirm that I was banned from entering the Interior Health building on August 11, alleging that I had caused a disturbance. This claim, made under oath by IH security manager Smith, was patently false. I have video footage from August 11, thankfully recorded by Leo, proving that at no time did I cause any disturbance.

Despite this, Judge Heinrichs permitted all of the Crown’s evidence but denied me the right to cross-examine on this issue and refused to allow me to submit the video as evidence to demonstrate that Smith’s suspension was arbitrary and baseless. It is a well-established principle of law that if an issue is raised in evidence, the opposing party has the right to cross-examine. This right was denied to me. Now, Judge Heinrichs is once again denying me the opportunity to present evidence that contradicts the Crown’s narrative. This video would have clearly shown the ongoing assaults and harassment I have endured from the Crown and government officials in our quest for freedom and in supporting others who have been falsely charged. The incident in courtroom 100 was related to Bruce’s appearance date. Fortunately, he was later found not guilty. My final sentencing submissions are scheduled for June 13 at 9:30 a.m. The Judge is already attempting to limit my presentation to just one hour, despite an entire day being set aside. As an unrepresented defendant, I should be afforded more time than the Crown to present my submissions, not less. This is yet another example of judicial overreach, activism and bias from the bench.

June 13, 2024 9:30 a.m. Sentencing Hearing, Con’t July 10, 2024 – Sentencing Decision 9:30 a.m. Thank you for all your support and belief for freedom!! Remember the Freedom Principle: An attack against one is an attack against all. An attack against all, is an attack against one.

Next Supreme Court Appeal Hearing Date: July 22, 2024 — 10:00 a.m. Notice of Conviction Appeal Hearing This hearing date will be to set the agenda for the hearing of the appeal from the conviction of J. Heinrichs. ————————————– City of Kelowna v David Lindsay et al Petition to Stop Rallies Next hearing date – The week of June 17, 2024 for hearing on my SLAPP (Strategic Lawsuit Against Public Participation) application to strike the City’s Petition against us. (See the B.C. Protection of Public Participation Act) The schedulers will call us on the Friday before this week to confirm the exact dates at which time we will let everyone know as well. Our documents in this case are located on our website at:
All City of Kelowna documents and pleadings are now placed on our website for public viewing: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/ Please remember other innocent people who have stood up for our rights and freedoms against our tyrannical governments during COVID-19 and to the present, who are now in the midst of their ongoing, oppressive trials: Tamara Lich Chris Barber The Coutts prisoners: Anthony Olienick and Chris Carbert Pat King and many other real victims.

For those who missed this incredible story, we will have discs available at our

June 8, Hwy 91 & Cooper Rally.

Sunday Paper Deliveries

Next delivery day:

Saturday, June 8, 2024

(Weather Permitting – Please note the change of day to Saturday morning this week only)

Add your name to the delivery list and make sure to check your email on Sunday mornings for confirmation that our paper delivery will take place that day

Make sure you arrive before the designated time so we can all get going ASAP!

Saturday at 10:30 am

June 8, 2024

  • Sign-up on the Newspaper Delivery list so that you get an email confirming the deliveries for each Sunday. With winter in mind, we will only do this if roads are bare and it’s not snowing. The advantage of delivering this time of year is that nobody is hanging out in their front yards except for the odd snowman.
  • We meet at the Capri parking lot between A&W and De Dutch Pannekoek House
  • Bring a large bag for carrying the papers if you want
  • Grab a free small Kelowna mapbook that can help you get situated. Your cell phone will be tracking and tracing you. Learn how to read maps again
  • You will be provided with a printed google map of the area you will be delivering to. Bring a yellow marker to indicate which streets you completed. You may run out of papers or you may end up with extra
  • We ask that with every paper you deliver, you remove the inserts and place them in the mailbox in front or behind the paper. That way, someone who may hastily throw out the paper will still be forced to see each individual flyer
  • Please deliver only one paper per mailbox, regardless if you have different papers (we usually have a combination of different papers and editions). Some houses may have up to 4 mailboxes; put one paper in each as they are for different tenants

3 Simple Things Freedom Activists can do to WIN this War:

  1. Spread the Word by delivering papers and flyers everywhere:

Knowledge is power!

2. Replace your cell phone with a flip phone:

Think of your apps as TRAPS!

3. Use CASH:

Hand out the “Use cash cards” and “pay cash” business posters


A bit about David

Due to time constraints right now, I will try and complete Part II asap. Thanks for your patience.

Freedom Rallies

It ain’t over till it’s over”

Next Kelowna Rallies:


June 8, 2024

12:00 pm Hwy 97 & Cooper

June 15, 2024

Hwy 97 and Cooper!!

Join us for important announcements on the local, legal scene, and informative speakers!


June 8, 2024 12:00 noon

Vernon Freedom Rally

12:00 p.m. – 2:00 p.m. @ Polson Park

Join Darren for the Largest rally in the North Okanagan, and growing weekly!

North Okanagan Shuswap Freedom Radio ————— June 8, 2024 12:00 noon O.K. Falls Freedom Rally 11:30 a.m. Across from Esso Station ————— June 8, 2024 12:00 noon Oliver Freedom Rally 12:00 p.m. Town Hall ————— Kamloops Freedom GatheringJune 8, 2024 12:00 noon Valleyview Centennial Park ————————————— CLEAR Telegram With almost 600 members now and growing, join us in our C.L.E.A.R. Telegram group! Please remember: no foul language, abuse or vulgarity for any posts, keep posts relevant to today’s freedom issues, humour is fine, be respectful at all times. Government officials, police, agents or their posts are not accepted nor permitted on this site. Please ensure as best you can, that material you post is accurate and correct. Posting false or incorrect information is not acceptable. Help us ensure all posts are verified for correctness. Opinions and discussions on relevant issues are also encouraged. This is a private group for trusted people and friends only.  
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Professional Organizations in Canada Silence Dissent by Disciplinary Measures

Dear friend of the free society,
It seems obvious that freedom of expression is fundamental to a well-functioning free society.
But does this also include freedom of expression for nurses, accountants, teachers, engineers and other professionals?
While some establishment voices in Canada will try to tell you and I that there is a distinction between professionals and the general public, the Justice Centre is here to remind these powers that, in no uncertain terms, there is no difference.
Professionals in all fields deserve to be able to express their opinions, whether it’s convenient for industry gatekeepers or not.

Silencing and punishing Canada’s doctors, lawyers and psychologists for expressing unpopular opinions is unconstitutional.
How Dr. Jordan Peterson is being censored by the College of Psychologists of Ontario may well be the most prominent example. And let’s not forget British Columbia nurse Amy Hamm, whom the Justice Centre is defending against the BC College of Nurses and Midwives, which is conducting disciplinary proceedings against Amy Hamm because she stated publicly that there are only two genders.
Saskatchewan nurse Leah McInnes is now facing the same intimidation and censorship after daring to criticize the government’s vaccine mandates and attending a peaceful protest in September 2021.
Support us today!
As Leah McInnes would soon find out, merely by stating her opinions about government policies, she slighted a healthcare establishment that prioritized conformity, uniformity and blind obedience. 
The College claims that no “mandates” were ever brought into force in Saskatchewan, and on that basis claims that Leah’s public statements about “mandates” amounted to “misinformation”, “disinformation” or “misleading” information. Of note, virtually the entire media apparatus, government officials and medical authorities have frequently referred to the government’s vaccine policies as “mandates” in Saskatchewan and across the country.
When taking on this case, our lawyers had a sobering reflection…
What happens when professionals tasked with the responsibility of looking after our health can be silenced for doing so openly? For exercising their independent professional judgment about medicine and science?
Or, perhaps more pertinently, what happens when well meaning, truth-seeking professionals speak out against the professional establishments that employ them?
Today in Canada, government-sponsored professional regulators–most notably in the medical space, such as the College of Registered Nurse’s of Saskatchewan (CRNS)–are increasingly taking on a brand new role by insisting that they are the final arbiters of what is true and what is not.
Freedom of expression in Canada is taking a back seat to power, control and obedience–even amongst our most educated and acclaimed sectors like medicine and law.
It’s becoming blatantly clear to our legal team, as well as to so many hard-working professionals who toil in silence every single day, that vexatious allegations of misconduct made by professional regulators, thrown at individuals merely for expressing an opinion that may undermine the regulators’ influence, has nothing to do with misconduct at all…
… it has everything to do with power and control
The culture of control in Canada’s most coveted professions must be reined in.
If you want to live in a country that respects freedom of expression, and allows Canadians serving in their professions to think critically, speak honestly, and exercise their professional judgment without fear, then please help the Justice Centre defend rights and freedoms with a $50, $100, $250, $500, $1,000 or even $2,500 contribution today, so that our litigation team can take on as many of these professional censorship cases as possible.
As in the case of Leah McInnes, non-descript allegations of ‘misinformation’ and ‘disinformation’ are used as a cudgel in disciplinary hearings by self-interested industry hall monitors to silence voices and opinions that differ from their own.
By defending brave, critical thinking, and selfless healthcare professionals like Leah McInnes, the Justice Centre is sending a clear message directly to occupational regulators everywhere:
Their political interests and their obsession for complete conformity does not and will not ever supersede the fundamental Charter rights of Canadians. Period. 
Our legal team knows that Leah McInnes is on the right side of the law in this case because we’ve won on this issue before!And we know we can WIN MORE CASES just like this one if we could only stretch our litigation budget a bit further…
Support us today
That’s right. In November 2020, the Justice Centre successfully defended Dr. Chris Milburn from disciplinary action being considered against him by the College of Physicians and Surgeons of Nova Scotia.
A group of 14 activists filed a complaint against Dr. Milburn for writing an op-ed in which he opined that, while police and jail guards should be held to a high standard, they cannot reasonably be held responsible for inmate deaths arising from drugs, alcohol, and the often-violent consequences arising from their use.
The Justice Centre noted that attempting to have a doctor professionally disciplined for his opinions and commentary on matters of public interest amounts to bullying and should not be encouraged by the College.
As proponents of a truly free society, Canadians like you and I know that our society only improves when there is free debate, and when no power is beyond scrutiny.
Regulatory agencies must be held to the same standard as the rest of society when it comes to upholding these principles: the spirit of free and open dialogue and the right to free expression.
The Justice Centre is eager to take on more of these cases. 
The more freedom of expression cases the Justice Centre can take on today, the less likely it will be that regulatory bodies will consider silencing dissent within their industries tomorrow.

Please help us defend even more independent-minded professionals who have the courage to take a stand for what they know in their hearts is right. Please consider donating $25, $50, $100, $250, $500 or even $1000 today. Your generous contribution will go toward establishing the protection of basic expression–not to mention professional opinion–in critical sectors across Canada.
Donate today
Unfortunately, right now the Justice Centre can take on only a small fraction of the many very legitimate requests for legal help that come to us from across the country. 
Every single one of these cases is another Canadian who needs help…
Our nation depends on free and open debate.
Such is the messy nature of democracy, a democracy worth preserving.

John Carpay
Justice Centre for Constitutional Freedoms
P.S. Since its founding in 2010, the Justice Centre has been the tip of the spear for defending Charter rights and freedoms in Canada. Freedom of expression is a foundational liberty, without which we could not defend the rest. As healthcare and other functions like the justice system in our country encounter unprecedented dangers, the time is now to stand for free speech–the medicine that cures the disease. Only through free and open discussion–something we are very close to losing entirely in this country–will Canadians take back their lives and their safety. That discussion starts with principled citizens like you.

FREEDOM EVENTS IN THE OKANAGAN, SEPTEMBER 13-20: National Citizens Inquiry Interim Report to Be Released September 14


Penticton 4 Freedom Weekly Newsletter

Index of Important Updates In this issue:

–       Rallies and local events

–       DON’T MISS THIS: NCI Commissioners’ Interim Report, LIVE this Thursday, September 14th.

–       Sign-making parties! Thursday, September 14 at 3:30 and September 18 at 6 p.m.

–       Dr. William Makis testifies at  NCI on September 18 at 5 PM

–       Private Donor Lunch and Dinner in Penticton with John Carpay – Tuesday, September 19

–       Volunteers wanted: – September 20 Gyro Park 9 a.m. to Noon

–       Geo Talk Zooms – Third Tuesdays

–       An Evening with Maria Ho – Cannery Brewery – October 8

–       Hold Strong Against Forced Masking, Lockdowns and Boosters

–       Freedom Rising Newsletter – Issue 56 – Legal Updates

–       Druthers call to help! The September edition is online And now available at our rallies!  Donations          always needed.

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In case you missed the rally last Sunday…

Thank you, Mike, for hosting last week’s rally ~ We APPRECIATE YOU!!

Dr. Mel Bruchet surprised everyone by showing up on his way through to the south Okanagan and the Kootenays. Always lots and lots of stories from Dr. Mel.

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****Location Change****

We are back to the corner of Main Street and Warren Avenue where we will welcome the sun again during the colder seasons.

FREEDOM EVENTS – Penticton4Freedom – every Sunday from 1 to 3 p.m.


~ Updates on the 1MillionMarch4Children event coming up next Wednesday – a cross-Canada protest to get SOGI123 OUT of public schools and libraries, and to restore Parental Rights regarding their children’s education.

~ Some interesting tidbits from Mary Lou’s attendance at the Capitalism and Morality seminar.

~ Local speakers always, and Surprise Guest Speakers frequently!

~ Open Mic


============================================= Future dates: Coming soon – Donald Lee touring BC with his new book and stopping by Penticton along the way. Miss a week and you miss a lot!  image.png
Fighting for freedom is more fun with friends. Bring a few. Suggest a topic or a speaker, and we’ll be happy to find someone to share their knowledge with us.   ——————————- o0o————————————- OTHERS’ EVENTS   ·      Kelowna CLEAR Rallies – 1st Saturday of each month at noon – Stuart Park, Kelowna  ·    
   Oliver Rally – in front of city hall – Saturdays at 12:30 p.m. ·    
   Local A4C – Every Tuesday at Noon Protesting with Purpose: Richard Cannings 301 Main Street Penticton ·        Check online for school board meetings and city council meetings in your area. They’ve been changing dates lately. ——————————————- o0o————————————————- EVENTS
Sign-making parties are back! Join the fun!    image.png
  SIGNS are the best way to send a quick message to passersby. With the change back to the Main & Warren location, there’ll be lots of people driving by, so we’ll need lots of new signs. AND! Signs for the Million March 4 Children event on the 20th!  So… WE’RE HAVING A COUPLE OF FUN SIGN-MAKING PARTIES!! Thank you to Derrie Selles for opening your studio to us for these events. Bring your own water or other beverage, and snacks to share, if you wish.   Please make 4 or 5 signs each so we have a supply to hand out to other volunteers, students, and parents, on-site. LOCATION: Art Up Studios, 94 Ellis Street, Penticton. 250-462-8783  Thursday, September 14 at 3:30 p.m. Monday, September 18 at 6 p.m. ——————————- o0o————————————-National Citizens Inquiry Interim Report to be Released Tomorrow!!  image.png

We are pleased to announce that the NCI’s Commissioners will be releasing an Interim Report, this Thursday, September 14th. The report is titled “In the Public Interest: An Interim Report on the Covid-19 Vaccine Authorization Process“. 

There will be two press conferences that day, an English press conference at noon Eastern on Sept. 14; a French press conference at 1 pm Eastern on Sept. 14. These press conferences will be livestreamed on the website and social media for the public to watch. Mark it in your calendar.

Here are the links for both English and French press conferences.

Please tune in for both English and French press conferences. Twitter: Facebook: Rumble: NCI Website:
In addition to the report, an Open Letter to the Prime Minister of Canada will be presented. 

Keep an eye out for more promotional material on the NCI’s social media channels. 

Kindest regards,
The NCI Team   SIGN UP FOR NCI EMAIL TO BE ALERTED TO NEW TESTIMONIES SUCH AS… Dr. William Makis, a distinguished nuclear medicine radiologist, and oncologist, on September 18 at 5 PM PST / 8 PM EST will share deeper insights into the decisions that shaped the pandemic response and the potential data that may have been concealed from the public eye. Also on Twitter, Facebook, and Rumble——————————- o0o————————————-TELL THEM TO LEAVE OUR KIDS ALONE!September 20, – September 20 – Action CountdownVolunteer! Join Us! Help make signs! Hand out invitations to Parents at schools.Team up with other volunteers. Be There, at the main event next Wednesday !! 780-908-0309image.png

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Private Donor Lunch and Dinner in Penticton with John Carpay


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October 8th, 5-7 pm


——————————- o0o————————————- ACTIONS OF THE WEEK This week we ask you to attend an event!!!!   ———————————— o0o————————————-   Worth A Look   Hold Strong Against Forced Masking, Lockdowns and Boosters Dr. Peter McCullough inspires thousands on the ReAwaken America Tour in North Las Vegas. (17:13) WATCH ———————————— o0o————————————-  

Freedom Rising Newsletter – Issue 56 – Legal Updates HERE

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IS IS IT! If you have been waiting for an extra powerful issue of Druthers to have delivered to your community, this is the one. Druthers Neighbourhood Mail service is truly the easiest way to make a tremendous difference in your own local area. Just tell us which postal code area you would like delivered to, how much of a budget you have to invest in waking up your community, and then let us know. We will handle the rest and within a week or two, your neighbours will have this important issue of Druthers delivered anonymously to their mailboxes. Order here or get more info:   CAN WE MAKE IT ANY EASIER? Yes we can! To make this as simple as possible, you don’t even need to place an order on the website. Just send us an etransfer for one of the amounts referenced below, include a postal code as a note in your etransfer and we will manually enter the order. Send etransfer to YOU WILL REMAIN ANONYMOUS! Your neighbours & Canada Post will NOT receive your info, meaning the papers will be delivered and nobody will know it was you who ordered it for them. BONUS OFFER: To give you a little more encouragement and a bit of an extra thanks, everyone who orders neighbourhood mail service this month will be offered the 1st year of our collectors’ packs for free. (See the collectors packs here) This is a great way to explore the roots of this project. You will receive a reprint of each of our first 12 issues from December 2020, to November 2021. To receive your collectors pack, be sure to email us your mailing address after you place an order for Neighbourhood Mail.  


Read September Issue Online.


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Want to join the fun in one of these initiatives or suggest another more important to you?

Just reply to this email or call 780-908-0309 to offer your help and suggestions.

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Remember that Freedom Hugs are available at ALL our Penticton4Freedom events!

Let’s make this weekend AMAZING!!

Mary Lou Gutscher


The Charter has not stopped Canada’s slide toward tyranny — John Carpay, Justice Centre for Constitutional Freedoms

The Charter has not stopped Canada’s slide toward tyranny

Posted On: April 13, 2022

John Carpay, The Post Millennial

April 17, 2022, will mark the 40th anniversary of the Canadian Charter of Rights and Freedoms becoming part of Canada’s Constitution. The Charter reduced the sovereignty of Parliament by giving judges far more power to strike down laws as unconstitutional.

Prior to 1982, courts could strike down federal laws for violating provincial jurisdiction, and strike down provincial laws for violating federal jurisdiction. But apart from enforcing the proper division of powers between two levels of government, court rulings that invalidated legislation were exceedingly rare. Prior to 1982, Canadians who disagreed with a law essentially had only one recourse: using the democratic process to change or repeal the law which they deemed to be bad. With the Charter, Canadians could, in addition to using the democratic process, try their luck at challenging a law in court, by arguing that the law violated one or more of the fundamental freedoms of conscience, religion, expression, association and peaceful assembly, or other Charter rights and freedoms.

It all sounds wonderful, of course. But section 1 of the Charter has proven repeatedly to be a rotting fly in the ointment of the intended civil liberties medicine. Section 1 permits politicians to trample on Canadians’ Charter rights as long as the government’s lawyers can concoct a justification which will thereafter persuade a court that the violation was “reasonable” in a free and democratic society. As the Judicial Freedom Index makes clear, some judges trust politicians and admire governments a great deal, while other judges are more sympathetic to individual freedom.

Canadians who assert their Charter rights will typically have to wait for years before a court rules on whether the government’s violation is “reasonable.” Long waits are caused primarily by Canada having too few courts and too few judges. During the years that it takes to litigate a case, governments typically continue on their merry way of violating citizens’ rights and freedoms. Armed with easy access to billions of tax dollars, governments lack the incentive to obtain rulings quickly. The shortage of judges and courtrooms further enables governments to delay a speedy resolution of Charter claims. Justice delayed is justice denied.

All constitutions claim to protect the rights and freedoms of citizens.

The 1977 Constitution of the Soviet Union is only one example. As a workers’ paradise, the Union of Soviet Socialist Republics (USSR) was so wonderful that the communists made it illegal to leave and move to another country. Article 50 guaranteed citizens “freedom of speech, of the press, and of assembly, meetings, street processions and demonstrations.” Article 51 enshrined “the right to associate in public organizations that promote their political activity and initiative and satisfaction of their various interests.”

Article 52 guaranteed “freedom of conscience, that is, the right to profess or not to profess any religion, and to conduct religious worship or atheistic propaganda.” Article 55 guaranteed the inviolability of the home: “No one may, without lawful grounds, enter a home against the will of those residing in it.” Article 56 exalted “the privacy of citizens, and of their correspondence, telephone conversations, and telegraphic communications” while article 57 declared that “citizens of the USSR have the right to protection by the courts against encroachments on their honour and reputation, life and health, and personal freedom and property.”

It all sounds wonderful, of course. But the Soviet Constitution severely limited citizens’ rights “in accordance with the aims of building communism” (Article 51).

The Constitution explained that the citizen of the classless communist society must be “moulded.” Article 39 specified: “Enjoyment by citizens of their rights and freedoms must not be to the detriment of the interests of society or the state” as determined by the Communist Party of the Soviet Union (Article 6).

The utopian goal of communism and the utopian goal of a world with no Covid: both ideologies have been used to trample human rights and constitutional freedoms into the ground.

Canada’s federal and provincial politicians should be embarrassed to celebrate the 40th anniversary of the Charter on April 17. No provincial premier has actually apologized for the repeated and flagrant violations, since March of 2020, of citizens’ freedoms to move, travel, associate, assemble, worship, and exercise control of their own bodies by deciding what medical treatments they will or will not receive. Federally, Parliament’s Liberal-NDP majority imposes unscientific discrimination against the “misogynist, anti-science, racist, extremists” who have not received two Covid shots, in spite of the fact that vaccinated Canadians get the virus and spread the virus.

Our Charter at 40 has not prevented us from moving rapidly towards a tyrannical system in which Canadians are slaves of the state. More and more, Canadians are managed and controlled by politicians and bureaucrats in ways similar to how farm animals are managed and controlled by the farmer. Ultimately, Canada’s survival as a free society that respects the dignity of every human being depends not on the Charter or on how courts interpret it, but on the extent to which Canadians truly cherish our freedoms, and are willing to suffer and sacrifice for them.

The charter that defends rights, but also tells government how to quash them

The charter that defends rights, but also tells government how to quash them

Not everyone is inclined to cheer the charter as a bulwark of liberty. ‘We are less free today than 40 years ago,”’ said John Carpay, president of the JCCF Author of the article: Tristin Hopper Publishing date: Apr 15, 2022  •  April 15, 2022  •  7 minute read  •  91 Comments

The notwithstanding clause is how provincial governments can consistently maintain legislation, such as Quebec's Bill 21, that are a pretty obvious curb on fundamental freedoms.
The notwithstanding clause is how provincial governments can consistently maintain legislation, such as Quebec’s Bill 21, that are a pretty obvious curb on fundamental freedoms. Photo by Darren Makowichuk/Postmedia/File

The decision was a surprise to Canadians, where any number of similar challenges had failed.

Time after time during the COVID-19 pandemic, Canadian governments imposed extraordinary public health measures that seemed to be naked infringements on Canadians’ charter rights. Mandated church closures that violated protections on “freedom of religion.” Bans on gatherings that curbed “freedom of association.” Border and travel strictures that undermined charter guarantees on mobility rights.

But the courts didn’t care. Whenever a pandemic case hit the docket, courts “erred too far on the side of deferring to government,” Joanna Baron, the executive director of the Canadian Constitution Foundation, told the National Post.

Sunday marks the 40th anniversary of Canada repatriating its constitution, a process that included passage of the Charter of Rights and Freedoms. The charter has often been praised as one of Canada’s leading modern accomplishments and its “gift to the world.” But it’s also one of the world’s only constitutions that explicitly gives the state a roadmap on how to quash the very “fundamental freedoms” it cites. It’s why, four decades in, not everyone is inclined to cheer it as a bulwark of liberty.

“I cannot think of any freedom … that the charter has brought to us,” said John Carpay, president of the Justice Centre for Constitutional Freedoms, a group that has been particularly active in challenging pandemic mandates and defending the organizers of Freedom Convoy. “We are less free today than 40 years ago,” he said.

If governments are looking to do an end-run around charter-enumerated rights, there are two primary sections of the document they turn to. Section 1, which is literally the first line of text in the charter, explicitly states that rights and freedoms are protected in Canada only to “reasonable limits.”

According to an official government of Canada guide to the charter, the purpose of this section is to remind Canadians that “rights can be limited by law so long as those limits can be shown to be reasonable in a free and democratic society.”

The notwithstanding clause allows provincial governments to knowingly pass legislation that treads on a fundamental freedom.

If such a legislative override had existed in the U.S. Constitution, many of the most iconic Supreme Court decisions of the civil rights movement might not have mattered. Brown vs. Board of Education — the 1954 decision that struck down school segregation — could simply have been ignored by states invoking the notwithstanding clause.

In Quebec, it’s how provincial governments can consistently maintain legislation that are a pretty obvious curb on fundamental freedoms. Bill 21, a provincial law passed in 2019, bars government employment to any Quebecer who wears religious garb such as turbans or hijabs. Any charter challenge against Bill 21 would likely be a slam dunk on the “freedom of religion” clause, but Quebec would simply be able to soldier on with the law by invoking the notwithstanding clause.

Federal government faces imminent lawsuit over unlawful confinement of returning Canadian travelers

Federal government faces imminent lawsuit over unlawful confinement of returning Canadian travelers

Jan 29th, 2021

OTTAWA: The Justice Centre today announced that immediate legal action is being prepared against the Trudeau government over the declaration that Canadian residents will be subjected to mandatory quarantine, at their own expense, after returning from international travel, regardless of their negative COVID status. These measures are a blatant violation of the Canadian Charter of Rights and Freedoms, including the right to enter and leave Canada, the right to liberty and security of the person, the right to not be arbitrarily detained or imprisoned, the right to retain legal counsel, and the right not to be subjected to cruel and unusual punishment.

In a letter sent today to the Honourable Omar Alghabra, Minister of Transport, the Justice Centre condemns the Trudeau government for its disturbing and aggressive opposition to the constitutional rights and freedoms of Canadians.

Furthermore, it has come to the attention of the Justice Centre that the federal government is already arresting Canadians arriving in the country by air and transporting them to a secret location, even though they possess a negative PCR test. These citizens are being held unlawfully despite not having been convicted of any offence, not having had access to a lawyer, and not having appeared before a judge. Law enforcement officers are apparently refusing to inform family members of where their loved ones are being held. The letter notes that this policy aligns with the world’s most repressive and undemocratic regimes and is totally unacceptable.

The letter states the government’s arrest and detention of Canadians in this fashion is unlawful and unconstitutional, and demands the immediate release of any Canadian currently being so detained, permitting them to continue any necessary isolation protocols in their personal residences.

The legal warning letter notes, “This is not China or Cuba, , or theocratic Iran. We are not prepared to permit you and your government to turn Canada into a repressive replica of countries that have no respect for human rights and civil liberties.”  The Charter enshrines the protection and guarantee of individual rights and freedoms, such as the rights to liberty, mobility, and privacy, into our Constitution.  All government orders, including emergency orders, must comply with the Charter by not infringing any of the rights protected thereunder, unless doing so can be demonstrably justified in a free and democratic society according to law.

Government Orders mandate that, regardless of a negative COVID test result, any person entering Canada must quarantine for 14 days on arrival. In fact, they must submit a 14-day quarantine plan to a government official, which is subject to the discretion of the said official. This discretion is subjective and without parameters. The letter puts Prime Minister Justin Trudeau’s government on notice that quarantine, particularly of healthy or asymptomatic individuals, is the functional equivalent of house arrest and will not be allowed to go unchallenged.

“We are deeply concerned with the federal government’s increasing disregard of the constitutional rights of Canadians”, stated Jay Cameron, Litigation Director for the Justice Centre.  “Citizens are being arrested at the airport and transported to federal isolation sites without recourse to a lawyer or the review of the courts even though these travelers are in possession of a negative PCR test. Families are telling us that their loved ones are being held at these sites and that government agents are refusing to say where those sites are. These travelers are perfectly capable of isolating at home instead of being imprisoned by the federal government.”

“There is no rational reason to incarcerate Canadians simply because they exercised their constitutional right to leave the country as protected by section 6 of the Charter,” stated Justice Centre President John Carpay. “It is not rational to impose a 14-day quarantine upon asymptomatic individuals who are able to provide negative test results confirming their lack of infection. Moreover, the federal government has admitted it is well-aware that international air travel results in a negligible number of active cases.”

“The federal government is on notice that if it does not immediately rescind these measures, and release the Canadians being held under illegal arrest in federal facilities, we will imminently commence legal proceedings,” concludes Mr. Carpay.

Justice Centre for Constitutional Freedoms Says COVID Restrictions Violate Charter Basic Right of Freedom of Assembly

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

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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.

Canada has really gone bonkers: You Cannot Even Question Transgenderism

Canada has really gone bonkers: You Cannot Even Question Transgenderism

28, 2019 – 11:51 am EST
Court orders Christian to pay $55,000 to trans politician for calling him ‘biological male’
VANCOUVER, March 28, 2019 (LifeSiteNews) – A B.C. human rights tribunal has ruled that a Christian activist discriminated against a man who claims to be “female” by distributing flyers that referred to the man, who was running for political office at the time, as a “biological male.”
The court ruled for transgender activist “Morgane” Oger, born Ronan Oger, and against Christian activist Bill Whatcott by declaring it’s discriminatory not to accept transgender people as the gender they claim to be.
In a 104-page ruling released Wednesday (read full ruling below), the tribunal further declared there’s no room for any public debate in the matter, according to theVancouver Star.
The tribunal also ordered Whatcott to pay Oger $35,000 in compensation for injury to his “dignity, feelings and self-respect,” and an additional $20,000 to Oger for Whatcott’s alleged improper conduct during and before the hearings, it reported.
Whatcott, 52, described the tribunal hearing as a “kangaroo show trial” and said he’s not surprised by the decision.
“Jesus Christ is still Lord and he will come again, I put my hope into that,” he told LifeSiteNews.
John Carpay, president of the Justice Center for Constitutional Freedom, which intervened in the case, decried the ruling as harming democracy.
“The Supreme Court of Canada has long held that freedom of expression is the lifeblood of democracy,” Carpay said in a press release.
“Society is full of people with diverse views and the Tribunal’s decision undermines the foundational principles of the free society and jeopardizes the health of Canada’s democracy,” he said.
Oger, who is vice president of the B.C. NDP, launched a discrimination complaint against Whatcott after the Christian activist distributed flyers in Vancouver-False Creek riding in 2017 when Oger was running as MLA for the B.C. NDP.
Whatcott’s flyer asserted Oger “is a biological male who has renamed himself ‘Morgane Oger’ after he embraced a transvestite lifestyle,” and can be found here.
The flyer also stated that “[t]hose who promote falsehoods like the NDP and BC’s major media . . . do so to their eternal peril.”
Oger, who narrowly lost to a former Vancouver mayor, alleged the flyer was discriminatory and exposed him to “hatred and contempt” under Section 7 of British Columbia’s Human Rights Code.
In a December 11 to 14 hearing, the JCCF and the Canadian Association for Free Expression intervened on Whatcott’s behalf, while West Coast LEAF and the B.C. Teachers’ Federation intervened for Oger.
Whatcott’s lawyer, Dr. Charles Lugosi, intended to give evidence that Oger was, in fact, a biological male as a defense.
Tribunal judge Devyn Cousineau, however, ruled “the ‘truth’ of the statements in the flyer is not a defense.”
“Therefore, to the extent that Mr. Whatcott intends to call witnesses to establish the truth of his impugned publications, that evidence is simply not relevant to the legal issue and will not be heard by this Tribunal,” she wrote.
Lugosi also argued Whatcott’s Charter rights of free speech and religion allowed him to express his views. A summary of Lugosi’s legal defense of Whatcott can be found here.
The tribunal, which was composed of lawyers Cousineau, Diana Juricevic, andNorman Trerise, disagreed.
The ruling, penned by Cousineau, declared that even questioning transgenderism is discriminatory.
“[T]he proposition that we should continue to debate and deny the existence of trans people is at the root of the prejudice and stereotypes that continue to oppress them,” wrote Cousineau.
“It rests on the persistent belief, held by people like Mr. Whatcott, that a person’s genitals are the essential determinant of their sex and, therefore, gender. The result of this belief is to necessarily cast transgender people as either ‘deceivers or pretenders’,” she wrote.
Cousineau also censored Whatcott’s original flyer in her ruling.
“Throughout his testimony, Mr. Whatcott refused to recognize Ms. Oger as a woman, or to abide by the Tribunal’s frequent orders not to call her a man,” she wrote in a footnote.
“I will return to this in respect of Ms. Oger’s application for costs, but in the meantime, I have replaced his male pronouns with the correct, female, ones.”
“(It) is really so encouraging … to have the tribunal say you know you can’t argue that you are just commenting on a legitimate public issue because this is not a public issue. There is no debate about whether people are or should be transgender,” Oger’s lawyer, Susanna Allevato Quail, told the Star.
The December tribunal hearing sometimes appeared to be “rancorous,” according to an earlier LifeSiteNews report describing the conduct Cousineau ruled as improper.
“When my lawyer was cross-examining Mr. Oger about his subjective experiences, Oger’s lawyer repeatedly objected to my lawyer’s line of questioning and the Tribunal upheld all of her objections,” Whatcott reported then.
When Cousineau “berated” Lugosi for having “misgendered” Oger five times, Whatcott demanded that the tribunal stop bullying his lawyer and shouted, “The Emperor has no clothes; even Norman accidentally called Roman what he is: a guy.”
In response, Trerise allegedly told Whatcott to shut up, and Juricevic allegedly warned Whatcott that if he had an “outburst” like that again, he would be removed from his own hearing and ordered to pay costs.
Whatcott told LifeSiteNews he’s not sure if he will appeal the decision, nor does he have the money to pay the fine.
He is also facing a Criminal Code hate crime charge for infiltrating Toronto’s homosexual Pride parade in 2016 disguised as a “gay zombie” with five others, to distribute pamphlets warning of the spiritual and physical dangers of sodomy. Whatcott’s next scheduled court appearance on that charge is a judicial pretrial in Toronto on April 10.
However, Whatcott does hope to see Oger on Saturday in Kamloops where Oger is speaking on the “living the transgender lifestyle faithfully” at a Lutheran church.
“I’m going to be there,” he told LifeSiteNews. “I’ve got a thousand flyers to put out.”