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Subject: Justice Update: Three wins in our court cases; Nurse under investigation; Pastor freed from jailView this email in your browser
THURSDAY, JULY 29, 2021 – www.jccf.ca
Justice Update: Three wins in our court cases; nurse under investigation; pastor freed from jail
Expedited appeal on mandatory hotel quarantine granted by Court
The Justice Centre for Constitutional Freedoms is pleased to announce that the appeal challenging the constitutionality of federal quarantine hotels and quarantine facilities will be moving forward on an expedited basis at the Federal Court of Appeal.
The Justice Centre brought a Motion on July 9, 2021, requesting that the Court expedite the hearing of the Appeal on the basis that: thousands of Canadians are being impacted by these oppressive measures every day, and that an expedited hearing was necessary to ensure the effectiveness of the remedy sought, namely a ruling that the learned trial judge erred in finding that the government’s measures do not violate the Charter rights of Canadians.
The Federal Court of Appeal agreed with the Justice Centre on July 28, 2021 that this appeal should move forward at a faster pace than an ordinary appeal due to great public interest surrounding the issue.
BC Supreme Court upholds Charter right to free expression in an event booking
The Justice Centre for Constitutional Freedoms is pleased to announce that on Monday, July 19, 2021, the Supreme Court of British Columbia ruled in favour of Grace Chapel, after the City of New Westminster cancelled the church’s Christian youth conference at the City-owned and managed Anvil Centre in 2018.
The Justice Centre brought a legal action on behalf of Grace Chapel, a parish of the Redeemed Christian Church of God, located in downtown New Westminster, B.C. The Justice Centre argued that the City’s decision to cancel the Church’s conference violated the church’s freedom of conscience, religion, thought, belief opinion, expression, and association. Grace Chapel’s vision includes the desire to build a multi-ethnic, diverse church.
Grace Chapel does not have a church building of its own, so it holds events in rented spaces including at the Anvil Centre. In May of 2018, Grace Chapel entered into a contract with the City to rent a portion of the Anvil Centre for a youth conference to be held later in July.
Court rules against federal government on denial of Canada Summer Jobs Funding
The Federal Court has struck down a discriminatory federal government decision against Mill Stream Bible Camp, operated by BCM Canada International. The Justice Centre appeared in Court on April 14, 2021, challenging the Federal Government’s denial of the children’s summer camp’s application for funding under the Canada Summer Jobs Program (CSJ).
The Honourable Justice Richard Mosley ruled the summer camp was denied procedural fairness, and had been subjected to an unreasonable decision to withhold $45,600 to fund six jobs for summer camp counsellors. The federal court has ordered legal costs to be paid by the government to the summer camp.
For over a decade, BCM International (Canada) received federal grants through the Canada Summer Jobs (CSJ) program. BCM used the funds to provide summer jobs for high school and college students to work at its camps, and to allow for underprivileged children to attend these summer camps in cases where parents could not afford any fees. In 2018, the Federal Government rejected BCM’s applications because BCM could not accept the controversial 2018 CSJ attestation, which required BCM to express agreement with abortion as a condition for receiving a government grant.
Nurse being investigated by College of Nurses for her gender critical view
The Justice Centre for Constitutional Freedoms is defending Amy Hamm, a Vancouver-area nurse, in an investigation by the BC College of Nurses and Midwives (BCCNM), after complaints were filed against her because of her “gender critical” views and her co-sponsorship of an advertising billboard expressing support for famed children’s author, J.K. Rowling. Ms. Hamm, a single mother of young children, is facing calls for her to be permanently removed from her career in nursing for expressing her opinion on an important issue currently being debated in the public square.Gender critical feminists typically profess that transgender people have the right to live their lives with dignity and without harassment, but that identification as trans does not equate to literally changing sex. Conflating sex (a biological classification) with self-identified gender (a social construct) poses a risk to women’s sex-based rights, particularly in settings where natal women have an expectation of same-sex privacy and protection, such as women’s prisons, changerooms, and rape shelters. Women’s sports are another area where the implications of the biology-versus-gender debate have real impact, gender critics note.
Pastor Tim Stephens freed from Alberta jail
Pastor Timothy Stephens of Fairview Baptist Church was released from the Calgary Remand Centre on July 1. Pastor Stephens had been in jail since Monday, June 14. Justice Centre lawyers worked on his release for ten days, ever since it was announced that the Whistle Stop Café Injunction would be set aside, and that all orders of the Chief Medical Officer of Health (CMOH) would be rescinded and cancelled.
The Justice Centre is also pleased to report that as of July 1, Fairview Baptist Church in Calgary, and Grace Life Church near Edmonton, were unchained and released from government seizure and were returned to their congregations.
Pastor Stephens was first arrested on May 16 and spent two nights in jail. His second arrest on June 14 was also in respect of peacefully exercising his Charter freedoms in the face of public health orders. His court case continues.
Five more Covid tickets dropped by Crown
The Justice Centre for Constitutional Freedoms is pleased to announce that five more Public Health Act tickets issued to individuals exercising their constitutionally guaranteed rights have been dropped by Crown prosecutors.
The Justice Centre represents hundreds of individuals across Canada who have been ticketed for allegedly breaching public health orders by participating in peaceful protests, uncovering their faces when doing so is outlawed, attending church, providing services during lockdowns, receiving friends and family into their homes, exercising their right to enter and leave the country, and refusing to post government propaganda Covid signage.
On December 19, 2020, Tony Allen participated in a “freedom walk” in downtown Calgary to peacefully protest government lockdowns. After the event, when Mr. Allen was about three blocks away from where the freedom walk had ended, two Calgary Police Service (CPS) officers on bikes approached him and issued him a ticket for participating in the peaceful march.
Justice Centre appeals court ruling on federal isolation facilities
The Justice Centre for Constitutional Freedoms has launched an appeal at the Federal Court of Appeal of the decision of Chief Justice Paul Crampton that ruled mandatory quarantine hotels and quarantine facilities are constitutional.
The appeal states that Justice Crampton erred in law and fact in finding that the forced detention of returning Canadians in federal facilities do not breach the Charter rights and freedoms of Canadians. The Justice Centre further asserts that the Chief Justice Paul Crampton erred in law by making findings that went beyond the scope of the evidence and the issues that were before the Court in making additional, conclusionary findings that “principles of fundamental justice would permit the imposition of stronger border control measures including longer period of quarantine at the border.”
“The permissive findings of Chief Justice Paul Crampton that the principles of fundamental justice would allow the government to put in place even more restrictive measures sets a dangerous precedent,” states Justice Centre Litigation Director, Jay Cameron. “When the state detains and forcibly confines a citizen in a federal facility, it doesn’t matter if the facility is a fancy hotel, it is still a detention and a confinement, and therefore an infringement of the constitutional freedoms of Canadians. The decision of the Federal Court on this point is a judicial aberration that must be appealed.”
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