While the Courts of the world mostly failed to uphold fundamental human rights during the COVID 19 tyranny period, recently we have seen some important legal victories for freedom in two of the most tyrannical and authoritarian nations: Canada and New Zealand.
1. Canadian Federal Court finds Emergencies Act invocation by Trudeau was unlawful and not justified.
A few weeks ago the Federal Court of Canada (single judge, not an appeal) declared that Canadian PM Trudeau's invocation of the Emergencies Act RSC 1985 against the Trucker' protests was unjustified and unlawful.
The Court found that the requirements of the Emergencies Act were not met. In particular:
There was no "threat to the security of Canada". The Court found that these are only threats like terrorism, espionage and attempts to overthrow the government. Justice Mosley said that this does not include the “economic disruption that resulted from the border crossing blockades, troubling as they were.”
The situation could be dealt with by other tools available to the goverment and thus the "last resort" standard was not made out.
“Due to its nature and to the broad powers it grants the Federal Executive, the Emergencies Act is a tool of last resort,” Justice Mosley wrote. “The GIC cannot invoke the Emergencies Act because it is convenient, or because it may work better than other tools at their disposal or available to the provinces.”
The Full Judgement can be found here.
A summary of the Judgement from one of the applicants is here
2. New Zealand Court of Appeal rules Defence Force COVID 19 vacine mandate proscriptions invalid
Last week the New Zealand Court of Appeal (3 Judges) ruled that that parts of the Defence Force Order mandating COVID 19 vaccines for New Zealand Defence Force members were invalid. In particular the Court found that:
the respondents have not demonstrated that there was a justification for adopting more prescriptive and more stringent consequences for failure to have the prescribed COVID-19 vaccinations than in relation to other vaccinations.
In particular, they have not shown that the objective of maintaining the ongoing efficacy of the Armed Forces could not have been achieved by a less rights-limiting measure: namely, retaining the more flexible approach that applies in relation to failure to obtain other vaccinations listed on the NZDF Vaccination Schedule."
The Full Judgement is here.
A summary can be found here.
3. Significance of decisions
The Canadian judgement is a major victory, but is subject to appeal. It may allow class actions by everyone who was harmed by the government's use of emergency powers. It also establishes in law a strict standard which limits the use of the Emergencies Act to genuine national security emergencies which cannot be dealt with any other way. This should chill future attempts to use this Act to suspend rule of law in Canada.
The New Zealand judgement is a smaller, but significant victory because the Defence Forces of any nation are always a special case in which those joining sacrifice many rights that civilians have.
The Court of Appeal is saying that even in this circumstance, the harsh consequences of refusing a COVID jab were not justified. It also focussed on the "objective of maintaining the ongoing efficacy of the Armed Forces". Given that the Armed Forces are comprised of young, fit, healthy people while COVID 19 was only a danger for old, sick people, it is very difficult to establish that COVID presented ANY real risk to the ongoing efficacy of the Armed Forces.
Given that New Zealand and Canada are particularly notorious for their draconian COVID-19 restrictions, its is significant that the Courts there are providing some belated pushback on government over-reach.
But these is a long way to go to bring the COVID tyrants to justice for the terrible damage they did to billions of people.
It is clear now that government reaction to COVID-19 was immensely more dangerous and damaging than the disease itself and everything the government did made things worse.
Indeed, looking in retrospect at death rates it can be seen that if there had been no COVID-19 tests then the entire "pandemic" would have just been considered a slightly worse than normal flu season.
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