March 15, 2021
LITIGATION PLAN ORDERED BY COURT
Calgary: Rath & Company (“Rath & Co”), Barristers and Solicitors, retained by Freedom Corp., the Justice Centre for Constitutional Freedom (“JCCF”), counsel for the Province and Justice Kirker have agreed and set a court ordered litigation plan for the constitutional challenge of the Alberta Chief Medical Officer of Health often-contradictory and arbitrary Orders that have bankrupted businesses and stripped citizens of Alberta of most of their rights under the Alberta Bill of Rights and the Charter of Rights and Freedoms.
Lawyers for the province filed a application to strike the application in its entirety which will be heard by the court on April 21.
If the application to strike is unsuccessful, the lawyers for the Province then intend to file an application to strike parts of the applicants Affidavit Evidence, this application will be heard by the courts on June 1.
Once both the above applications have been heard by the court, the Province will be required to submit all of its responding evidence on or before July 12 at which point cross examinations can begin.
Provided all of the above is achieved on time, a 2 week hearing of the merits of the application shall be heard on September 20-Oct 1.
To view the full litigation plan please click the button below.
January 15, 2021
PROVINCIAL LAWYERS ATTEMPTED TO DELAY ACTION
Calgary: Rath & Company (“Rath & Co”), Barristers and Solicitors, retained by Freedom Corp., appeared in Virtual Court on January 12, 2021 with James Kitchen and Jocelyn Gerke of the Justice Centre for Constitutional Freedom (“JCCF”) and counsel for the Province in front of Justice Kirker to set a litigation plan for the constitutional challenge of the Alberta Chief Medical Officer of Health often-contradictory and arbitrary Orders that have bankrupted businesses and stripped citizens of Alberta of most of their rights under the Alberta Bill of Rights and the Charter of Rights and Freedoms.
Rath & Co and the JCCF submitted a joint litigation plan that would have set a trial date in March 2021.
Lawyers for the Government of Alberta stated that their position is that the litigation plan cannot be set until past the deadline for the Applicants’ affidavits as they will need time to review and gather responding evidence implying that the Government does not have the data and records to justify the imposed restrictions. In other words, the Government needs to see our evidence before they will agree to a litigation plan or provide any of their own evidence.
They further proposed that another case management conference call be scheduled to determine the next steps in the action. Justice Kirker seemed to prefer this approach and counsel from Rath & Company and JCCF reluctantly agreed.
The Government lawyers also informed the Court that they would likely be seeking to file applications for summary dismissal or to strike portions of the Originating Application and certain Affidavits filed in support of the Originating Application. Justice Kirker was unimpressed with the vague threats and instructed the Alberta lawyers to formally provide the basis for their potential application to Rath & Co and JCCF with the expectation that counsel find a mutually beneficial path forward.
Next steps for the action:
• January 22, 2021 deadline for affidavit evidence in support of the Applicants
• January 29, 2021 case management conference call to set further steps in the litigation plan
December 21, 2020
COURT OF QUEEN’S BENCH REFUSES APPLICATION TO SAVE CHRISTMAS
Calgary: After hearing today’s Application for Injunctive Relief against Dr. Deena Hinshaw’s COVID-19 Orders, Justice Anne Kirker refused to grant the requested relief.
In her Decision, Justice Kirker ruled that the Applicants had serious questions to be tried and were going to suffer irreparable harm through the cancellation of Christmas, however, found that she was bound by case law to “assume” that Dr. Deena Hinshaw’s Orders were in the public interest.
In making this ruling, Justice Kirker was careful to state that this ruling is not a reflection on the merits of the case and that the end result upon the hearing of the Originating Application could be quite different from the result of the Injunction Application. On a hearing of the merits of this matter, Justice Kirker pointed out that the onus of justifying the restrictions under s. 1 of the Charter and the test in R. v. Oakes shifted to the Government.
Upon, a hearing of the merits, the Government will have to prove that Dr. Deena Hinshaw’s Orders were reasonable, impacted the rights of the Applicants “as little as possible”, and that the Government and Dr. Deena Hinshaw had properly considered alternatives to the Orders to ensure that society as a whole would be impacted as little as possible.
The Applicants have submitted a Litigation Plan that calls for a Judicial Review Hearing to be heard prior to the end of February 2021.
Counsel for the Applicants, Jeffrey Rath, noted that under the Oakes test, the burden of proof on the Government for justification of its Orders was based “on a preponderance of probabilities”.
Mr. Rath stated that “Dr. Hinshaw appears to believe that you are safe from the virus if you attend a Church service of 150 people based on Fire Code capacity, but if you attend a funeral service or wedding with 11 or 12 people, the virus knows you are fair game. This is clearly ridiculous and not based on science.”
Mr. Rath added that Dr. Deena Hinshaw’s recent Orders allowing single mothers and fathers to have adult companionship from “two other people”, while denying this same accommodation to married people is discriminatory on its face, arbitrary, and demonstrative of the fact that Dr. Deena Hinshaw is simply making things up as she goes along.
In written materials submitted to the Court on behalf of Rebecca Ingram, Rath & Company noted that Dr. Deena Hinshaw appears to be engaged in a cruel experiment with the lives of citizens of Alberta. Dr. Hinshaw has provided no scientific proof that limiting family gatherings over Christmas or incarcerating healthy Albertans in their homes, as opposed to providing enhanced protection to “vulnerable citizens” of Alberta will result in fewer deaths.
Mr. Rath noted outside of the Court Application and materials filed with the Court, that cowardly politicians like Mayor Nenshi, Premier Jason Kenney, and MLA Rachel Notley should all be held to account at the ballot box by the silent majority of this Province who are completely disgusted with the degree to which these politicians think it is appropriate to destroy businesses and the economic lives of the citizens of this Province.
Freedom Corp., which supports Rebecca Ingram’s litigation, is extremely concerned that Premier Jason Kenney has allowed Dr. Deena Hinshaw to destroy businesses in Alberta, cause a 46% increase in opioid deaths in the Province, as well as forcing Alberta families onto social assistance and into Food Banks for the first time in their lives prior to the Christmas holiday.
Jeffrey Rath, counsel for Rebecca Ingram, stated that the most remarkable thing about the Government’s response to this Application, was the complete failure by the Government of Alberta to provide any scientific proof that the restrictions were either necessary or effective. Mr. Rath stated that all of Dr. Deena Hinshaw’s Chief Medical Officer of Health Orders to date which she entitled “Records of Decision”, are little more than Dr. Deena Hinshaw stating that these Orders will take effect because I am Dr. Deena Hinshaw and I said so.
Mr. Rath went on to say that Dr. Deena Hinshaw’s Affidavit was simply more of the same, with a number of cartoonish charts and graphs attached to give the appearance that her Decisions were somehow based in science. What was apparent from Dr. Deena Hinshaw’s evidence was that the Government of Alberta has done an abysmal job of contact tracing and that on Hinshaw’s own evidence, the Government of Alberta does not have a clue as to the origin of 78% of the COVID-19 cases in Alberta.
Given Dr. Deena Hinshaw’s stated ignorance of the origin of 78% of the COVID-19 cases in Alberta, it is clear to Freedom Corp. that the Government of Alberta, in destroying livelihoods and businesses, is simply playing God with regard to which businesses are allowed to survive and which businesses will be driven into bankruptcy. This is the very thing that Premier Kenney offered his heartfelt apology for not three weeks ago.
Rebecca Ingram provided evidence that any so-called relief programs designed by the Government of Alberta are not sufficient to replace the lost revenue generated by businesses. Dr. Hinshaw’s arbitrary selection of winners and losers in the Alberta economy will devastate this Province for the foreseeable future.
Mr. Rath, noted to the Court that the Government of Alberta has even failed to provide evidence to the Court that anyone in the Province has in fact died from COVID-19 as opposed to the numerous fatal diseases that people alleged to have died from COVID-19 are said to suffer from. Mr. Rath noted that the best that could be said on the Government’s evidence is that a number of people, who have either tested positive or false positive for COVID-19 have died, in all likelihood from pre-existing fatal comorbidities, including being in their 80s, 90s, or 100s.
At the conclusion of the Hearing, Government lawyer, Nicholas Parker, could not resist pouring salt on the wounds of the millions of Albertans that were hopeful that Madam Justice Kirker would lift the family gathering restrictions in time for the Christmas holiday. At the conclusion of Madam Justice Kirker’s Decision denying injunctive relief, Mr. Parker cheerfully wished Justice Kirker a Merry Christmas after submitting on behalf of Premier Jason Kenney and Dr. Deena Hinshaw that that same Merry Christmas should be denied to 4.4 million Albertans.
December 16, 2020
LAWYERS ASK THE COURT TO SAVE CHRISTMAS
FOR IMMEDIATE RELEASE
December 16, 2020
Calgary: Rath & Company, Barristers and Solicitors, retained by Freedom Corp., appeared in Court yesterday with James Kitchen of the Justice Centre for Constitutional Freedom.
The Government of Alberta requested an adjournment of the December 17, 2020, Hearing to 9:30 am on December 21, 2020. The Province of Alberta has been seeking to delay and adjourn this matter until well after Christmas, claiming to the Court that they required additional time to gather evidence to justify the present lockdown Orders.
Jeffrey Rath submitted to the Court that the Province’s suggestion that they needed further time to gather evidence was shocking under the circumstances. Mr. Rath advised the Court the Government should have had evidence to justify incarcerating 4.5 million Albertans in their home for Christmas before issuing Orders.
To date, the Chief Medical Officer of Health has issued 42 often-contradictory and arbitrary Orders, bankrupting businesses and stripping citizens of Alberta of virtually all of their rights under the Alberta Bill of Rights and the Charter of Rights and Freedoms.
The Injunction Application is supported by a number of prominent Alberta physicians, as well as David Redman, the former Executive Director of Emergency Management Alberta, who has sworn an Affidavit in this action stating, as a matter of fact, that the Chief Medical Officer of Health’s draconian Orders fly in the face of the Alberta Pandemic Response Plan that he was instrumental in developing.
It is clear on the evidence before the Court that the only tools being utilized by the Chief Medical Officer of Health to manage the COVID-19 outbreak in Alberta are extreme restrictions of human rights, while she hopes for the speedy delivery of a vaccine.
Evidence has been tendered to the Court by a prominent Alberta physician stating that American treatment protocols that have reduced COVID-19 mortality by as much as 400% have been ignored by Alberta Health Services. The only treatment option being offered by Alberta Health Services consists of telling citizens, including senior citizens testing positive for COVID-19, to return to their homes and isolate until such time as they can’t breathe, at which point, they are directed to call 911 to determine whether a hospital bed will be made available.
American treatment protocols that have greatly reduced COVID-19 mortality include, low dose ASA, Vitamin D, Vitamin C, and Zinc, and Ivermectin, an anti-parasitic, anti-viral, anti-inflammatory drug that is readily available in the Province of Alberta.
To date, in the Province of Alberta, only 0.000025% of the total Alberta population has died from an alleged COVID-19 infection absent any other fatal comorbidities.
The position of the Injunction Applicants is that the fear and hysteria being promoted by politicians, like Mayor Nenshi, is not supported by science. Given the high number of false positives generated by the PCR test used by the Province of Alberta, it is impossible to say with any accuracy what the actual number of COVID-19 positive Albertans is, let alone whether the person alleged to have died with COVID-19, died from COVID-19 or one of their pre-existing fatal comorbidities.
Evidence tendered by the Applicants clearly demonstrates that provincial statements with regard to hospital and ICU capacities are deliberately misleading. Prominent Alberta physicians and respirologists have provided sworn evidence stating that any increase in hospital load and ICU load is completely in line with annual increases in respiratory illness associated with the onset of the flu season.
Given that it appears influenza numbers are simply being recorded as COVID-19 numbers, it remains an open question as to how many so-called COVID-19 patients in Alberta hospitals are actually infected with COVID-19 as opposed to the seasonal flu. To date, the Government of Alberta has not provided any evidence in this regard or disclosed the type of PCR test being used in the Province of Alberta and whether that test is accurate enough to support the complete violation of the civil rights of an entire Province.
The Portuguese Court of Appeal recently rescinded Government COVID Quarantine Orders on the basis that the PCR test is too inaccurate to be used to justify forced quarantine orders.
Jeffrey R. W. Rath
Rath & Company
Barristers and Solicitors
December 04, 2020
FOR IMMEDIATE RELEASE
Freedom Corporation has retained and instructed Rath & Company, Barristers and Solicitors, to work jointly with the Justice Centre for Constitutional Freedoms (JCCF) to file an Application in the Court of Queen’s Bench setting aside the recent Chief Medical Officer of Health (CMOH) Orders that trample the constitutionally-protected rights of citizens of Alberta.
The pleadings filed in the Court of Queen’s Bench on December 4, 2020, claim that the CMOH Orders are ultra vires the Province pursuant to the Alberta Bill of Rights and violate the Charter of Rights and Freedoms.
Freedom Corporation and the JCCF are applying to the Court on behalf of private citizens and churches who believe their civil rights, including their rights to religious liberty, have been violated by Dr. Deena Hinshaw in a completely arbitrary and capricious manner.
One Applicant notes that her 12, 14, and 15 year old children are prohibited from attending high school while her 18 year old has been permitted by Dr. Hinshaw to attend a bar, casino, or strip club. Other Applicants note the cruelty and inhumanity inherent in advising grieving family members that they are prohibited from attending a loved one’s funeral should their family exceed 10 in number, while permitting as many as 400 people to attend a Church service every Sunday if the Church in question has a Fire Code capacity of 1,200.
The Originating Application and supporting materials allege that Dr. Hinshaw’s Orders have been issued without lawful authority as the Legislature of Alberta has not passed legislation saying that Dr. Hinshaw’s authority is absolute, “notwithstanding” the Alberta Bill of Rights.
The Application further sets out all of the various Alberta Bill of Rights, Charter, and Constitutional provisions that Dr. Hinshaw’s Orders contravene.
The Application identifies a lack of justification on the part of the Government and questions whether a bona fide emergency even exists.
“The mere existence of COVID-19 in Alberta does not constitute an emergency. For Albertans under the age of 60 years, the chances of dying of COVID-19 in Alberta are currently 1 in 210,000, while the murder rate in Calgary is 6.1 per 100,000. Put in another way, a Calgary under the age of 60 is 12 times more likely to be murdered than to die of COVID-19.”
Jeffrey Rath, counsel for Freedom Corp., said, “In preparing this action, we have consulted numerous public health experts. All of the experts that we have spoken with are horrified that the economy of Alberta and the future of Alberta’s children are being devastated by a gross over-reaction to an outbreak of an entirely manageable upper respiratory infection.”
Jeffrey Rath notes that the Court of Appeals of Portugal has recently struck down quarantine orders in that country based on the same COVID-19 test used in the Province of Alberta on the basis that this test is highly inaccurate and unreliable.
Serious questions remain to be answered by the Government of Alberta with regard to the degree to which hysteria has prevailed over the rights of citizens of Alberta and our economic wellbeing.
The Originating Notice of Application filed in the Court of Queen’s Bench is returnable on December 15, 2020. It is the hope of the Applicants and their legal counsel that Albertans’ civil liberties will be restored by the Court prior to Christmas.
Jeffrey R. W. Rath
Rath & Company
Barristers and Solicitors