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In Spotlight: Emergency Act - unlawful "ultra vires"

23 JAN 2024: The Federal Court of Canada has ruled the invocation of the Emergencies Act an abuse of power, discriminatory, unconstitutional, beyond the legal power or authority, unlawful, and illegal.

In his ruling, Justice Richard Mosley declared that:


Full decision:



Full analysis:

Weekly wins:

See also: Wins of the Week from Vaccine Choice Canada:

Canada Post was wrong to suspend unvaccinated remote workers during COVID, arbitrator rules. The arbitrator found it was unreasonable to extend it to staff who worked 'exclusively remotely' with no prospect of going to the office. May 14, 2024 

Week of March 29

Arbitrator rules Toronto hospital did not have grounds to terminate two employees who refused the COVID-19 vaccine

Arbitrator Jasbir Parmar has ruled that two hospital employees who were terminated by Humber River Hospital in Toronto for refusing to take the COVID-19 vaccine were wrongfully terminated.

Parmar outlined in her ruling that the hospital initially implemented a vaccine policy aligned with the provincial mandate, permitting unvaccinated hospital employees to undergo regular COVID testing. However, Humber River Hospital exceeded the provincial mandate by eliminating this option in December 2021. Instead, the hospital opted to permit only fully vaccinated individuals and those with documented medical exemptions to continue working.

Parmar said "While a result of the grievors’ exercise of their right not to be vaccinated meant they were not in compliance with the Hospital’s policy, the mere fact that the grievors were unwilling to have a vaccine injected into their bodies cannot fairly be characterized as an act of insubordination, or some other culpable conduct."

She concluded her ruling by saying, “I find the hospital did not have cause to terminate the grievers’ employment, either on a disciplinary basis or on non-culpable grounds.”

3.  A British Columbia Supreme Court judge approved a $51 million class-action settlement between Facebook’s parent company Meta and 4.3 million users in four provinces. Justice Nitya Iyer formally approved the settlement amount earlier this month. As a result, Meta is offering compensation to eligible residents of British Columbia, Saskatchewan, Manitoba, and Newfoundland and Labrador for using their images without permission to advertise products in Facebook’s now-defunct sponsored stories feature.

Week of March 12

An arbitrator at Fanshawe College in London, Ontario ruled that their COVID-19 vaccine policy, which resulted in placing an unvaccinated professor on unpaid leave despite teaching remotely from home, was “not reasonable.” Andrew Wing, a professor who worked remotely from home, challenged Fanshawe College’s COVID-19 vaccine policy and secured a victory after being placed on unpaid leave for refusing to get the jab. Arbitrator Larry Steinberg ultimately ruled that because Wing was working completely remotely and never attended the campus that Fanshawe’s policy was “not reasonable.”

Week of Mar 5, 2024 

Arbitrator James Hayes has ruled that nine Ontario nurses, dismissed for not receiving two COVID-19 vaccinations, should be reinstated as their termination was deemed "unreasonable" according to the decision.

Hayes wrote, "Nurses intent on remaining unvaccinated are a small minority everywhere, but their employee rights may not be ignored."

The decision says that the vaccine policy should have led to placing employees on unpaid leave, enabling their return if there were policy changes or changes in their vaccination status, instead of terminating them for misconduct.

You can read the ruling at the link below.


The Supreme Court in Australia has declared COVID Vaccine Mandates for QLD police and paramedics are “unlawful”. Justice Glenn Martin said the orders were illegal under the Human Rights Act, ‘of no effect’ and banned the government from taking any action to enforce them.

Week of 11 February  2024

Two of the four men facing conspiracy to commit murder charges linked to the Coutts border blockade in 2022, reached plea deals this week with Crown prosecutors. Both men pled guilty to reduced gun charges. The reduced charges raises questions as to the evidence the Crown actually had against these two individuals.  More, Explanation - YouTube 

Families who sued a New York county and two public officials over a 2019 emergency order which banned their unvaccinated children from public spaces during a measles outbreak have reached a settlement, just days before going to trial. Rockland County’s 2019 emergency order prohibited children without measles vaccinations, including those with religious exemptions, from attending school or visiting public places for months, following a measles outbreak in the region. Michael Sussman, the attorney representing the families, said Rockland County will provide $750,000 to the plaintiffs, “to be distributed by us as we choose to do so.” The case was sent to a jury trial in November 2022 after the 2nd U.S. Circuit Court of Appeals overturned a lower court decision that ruled the Rockland County public health authorities were justified in issuing the emergency order.

A Florida grand jury found that COVID-era lockdowns and mask mandates were unfounded, according to its recently released interim report. At the request of Florida Gov. Ron DeSantis the grand jury was tasked with determining whether pharmaceutical companies and other medical organizations “engaged in criminal activity or wrongdoing” in their participation in the rollout of COVID-19 “vaccines.” The main findings of the interim report are the following:

1. Lockdowns did more harm than good.

2. Masks are ineffective.

3. COVID was “statistically almost harmless” to children and most adults.

4. It is “highly likely” that COVID hospitalization numbers were inflated.

Week of 4 February  2024

Hundreds of Alberta health-care workers who refused to submit to the COVID-19 injections are being financially compensated after filing grievances with their union. This week 696 Alberta Health Services and Alberta Precision Laboratories employees are set to be paid out for their pandemic labour interruption.-

The South Australian Employment Tribunal has ruled that the Department of Child Protection must pay compensation and medical expenses to a youth worker who developed pericarditis after getting a Covid booster under a workplace vaccination directive. Many Australian employers have sought to deflect responsibility for injuries incurred under workplace Covid vaccine directives on the basis that they were simply following state government orders. The Tribunal decision sends “a clear signal to employers that they have a duty of care to their employees regardless of what governments impose upon them.”  More

Toronto Sun columnist Lorne Gunter says Federal Judge Richard Mosley got it right when he ruled the Trudeau government was wrong invoking the Emergencies Act on the Freedom convoy. Gunter added that Moseley may just have saved Canada from future tyranny. - YouTube

The Democracy Fund announced this week that the College of Physicians and Surgeons of Ontario formally withdrew charges against Dr. Jean Marc Benoit, which alleged that his posts on X during the COVID-19 pandemic were “disgraceful, dishonourable or unprofessional.”  The matter had been scheduled for a 5-day hearing, but instead concluded with a short appearance, as Dr. Benoit pleaded “no contest” to failing to respond to a College communication. Benoit received a reprimand, and the CPSO formally withdrew the balance of the allegations. - More

Several challengers to the Emergencies Act say they’re preparing to sue government officials and financial institutions after the Federal Court’s recent declaration that the invocation of the act was not justified. Military veteran Eddie Cornell, police veteran Vincent Gircys, and Jeremiah Jost said in a Jan. 29 statement that they will sue “those in government, the financial institutions who froze people’s bank accounts, and the police officers who beat up and injured the innocent.”

Week of 27 January 2024

Week of 20 January 2024

The College of Registered Nurses of Saskatchewan has ruled in favour of registered nurse Leah McInnes at a disciplinary hearing with the College. McInnes opposed vaccine mandates as a violation of basic ethical principles of autonomy and informed and voluntary consent of patients.

“During the hearings that took place last year, experts, including the Investigation Committee’s own expert, testified that vaccines don’t provide sterilizing immunity, vindicating McInnes.

Thankfully for Ms. McInnes and all Canadians who depend on an informed and ethical nursing profession, the Discipline Committee of the College accepted the evidence presented to them and found that Ms. McInnes had, in no way, misinformed the public. In their Jan. 12 decision, they said the case shouldn’t have even proceeded to a hearing.


The College of Physicians and Surgeons of Alberta has dropped charges against an Edmonton-area doctor who gave out COVID-19 vaccine exemptions to patients. Dr. Michal Princ was charged with professional misconduct and was scheduled for a disciplinary hearing on March 8. The charges against him were formally dropped on Jan. 10 according to a news release from the Justice Centre for Constitutional Freedoms. The lawyer for Dr. Princ, stated, “our client was ethically motivated by the sacrosanct and longstanding principle of ‘do no harm.’ We are pleased the CPSA has withdrawn charges, although we wish the charges had been withdrawn to protect professional independence, not based on the Ingram ruling.”

4.  The Justice Centre announced this week that the charge against Scott Bennett for not using the ArriveCAN app has been dismissed. During the trial there was no witnesses for the prosecution. As a result, the Ontario Court of Justice dismissed the charge against Mr. Bennett. While thrilled with this outcome, Bennett’s lawyers said they are disappointed that the constitutionality of the Federal Government’s decision to detain citizens based on their vaccination status may never see judicial scrutiny.

5.  Children’s Health Defense and several Philadelphia parents have filed a lawsuit challenging a city law that allows minors as young as 11 years old to consent to vaccination without their parents’ knowledge. The lawsuit, filed Nov. 1, 2023, alleges the City of Philadelphia engaged in a “wink and a nod” practice of vaccinating children behind parents’ backs without informed consent for the past 15 years.

Link to lawsuit:

6.  American playwright, author, and political satirist CJ Hopkins was acquitted of criminal charges in a court in Berlin this week. Hopkins was accused of disseminating pro-Nazi propaganda in two Tweets about mask mandates. The two Tweets at issue featured a swastika on one of the masks that everyone was forced to wear in public during 2020 to 2022. The image is the cover of his book. In a compelling court room speech Hopkins explained the hallmarks of totalitarianism and how what is happening today is similar to what happened in Nazi Germany. His speech is worth reading and sharing. –


Paramedic union reaches settlement on COVID-19 vaccine grievances

By Mark Brown

January 23, 2024

The union representing Essex-Windsor EMS paramedics has announced the resolution of a grievance over COVID-19 mandates.

Canadian Union of Public Employees (CUPE) Local 2974 announced the settlement

***!!! State Committeeman Dan Schultz submitted the ‘Ban the Jab’ resolution to the Maricopa County GOP Saturday January 13th in Arizona. The resolution passed with 87.4% of the vote! A total 1494 votes were cast, 1306 in favor, 188 against. Maricopa County is the largest Republican County in the nation. In addition to being an attorney, Dan is a former West Point graduate and former U.S. Army counterintelligence and human intelligence officer. I interviewed Dan Schultz a few weeks back about the Precinct Strategy and Election Integrity.

The resolution declares the C19 injections to be biological and technological weapons and calls on the Governor to prohibit their distribution and the Attorney General to confiscate the vials and conduct a forensic analysis of their contents.

To date, in Florida 10 Republican County parties have passed the Ban the Jab resolution. The Florida Republican Assembly, The National Federation of Republican Assemblies, The Republican Liberty Caucus of Florida have passed Ban the Jab resolutions. Recently, the Florida Department of Health has joined the call to Ban the Jab. Clackamas County GOP in Oregon and the state of Idaho Republican Party has passed the Ban the jab resolution.


Week of January 12, 2024 

BC Arbitrator Rules Purolator Unjustly Terminated Employees Who Refused COVID Vaccines – The arbitrator has also ordered Purolator to compensate the employees for any lost wages and benefits.  More... 

Further to the recent decision of arbitrator Nicholas Glass in the Purolator Canada case, in his ruling Glass stated: “…In her order of September 12, 2022, (Bonnie) Henry said that “an unvaccinated person is more likely to become infected than a vaccinated person and is more likely to transmit SARS-CoV-2 than a vaccinated person.” Glass disagreed stating: “I must conclude that this statement is an outlier. It is wholly inconsistent with the preponderance of material I have been presented with.” More... 


George Washington University has reached a $5.4 million settlement with former students who allege the institution broke its contract with them when it switched to online-only classes at the onset of COVID-19. Many private universities, including Columbia and Johns Hopkins, have reached multimillion-dollar settlements in similar lawsuits. More... 


Chicago Workers Who Refused Covid Vaccines to be Reinstated With Back Pay

"The laid-off unionized Chicago employees will receive back pay, a 7% interest, and will be fully reinstated with seniority." 


The Independent (

NY court orders all city employees fired for being unvaccinated to be reinstated

Judge Ralph Porzio said the ‘arbitrary and capricious’ order had violated the rights of city workers ‘who showed up to work


From year 2023

Canadian military vaccine mandate violated the Charter!

Cases that led to suspension of mandates, then denied due to Mootness


Supreme Court vacates ruling restricting president's right to issue federal workforce mandates - Government Executive 

Supreme Court wipes rulings on federal employee, military vaccine mandates | The Hill 

Covid-19 vaccine mandates for executive branch employees and troops thrown out by Supreme Court | CNN Politics 


Between the filing of the case in February 2022 and the hearing set for October 2022, the mandate was lifted. In June 2022, the then-Minister of Transport Omar Alghabra suspended the mandate, and threatened to bring it back if public health officials believed the circumstances warranted it. 

Eleven days before the scheduled October hearing, the Federal Court dismissed the case, declaring it “moot,” or irrelevant, because the mandates were no longer in force. A declaration of “mootness” means that the court believes that continuing with the hearing would not be a good use of the justice system’s resources. 

Related historical Legal Cases

Fisman’s Fraud explains how the fraudulent study of Fisman was used by governments to circumvent Charter Protections.  Fisman’s Fraud also explains how the Canadian legal system was captured.  In September 2021, the Supreme Court of Canada was compromised by imposing its own vaccine mandate on its staff, including all nine judges. How could the Supreme Court objectively entertain a constitutional challenge against the very measure it adopted.  This is top-bottom corruption of the courts.

Former Minister of Justice Lametti, who recently resigned immediately after his invocation of emergencies measures was ruled illegal and unconstitutional, was also involved in the corruption and capture of the Supreme Court of Canada.  Lametti and Chief Justice Richard Wagner co-chaired the Action Committee on Court Operations in Response to COVID-19.  David Eby, current Premier of BC, is also a member of that Action Committee.

The Action Committee was informed by government representatives, not an independent, objective body.  The courts readily adopted controversial policies that millions of citizens across the country have rejected as violating the supreme law of Canada.

The Key Role of Courts Taking Judicial Notice

Canadian courts took judicial notice that the covid vaccines were safe and effective.

Judicial notice means that the court accepts a fact without proof.  It is supposed to apply to facts that are clearly uncontroversial or beyond reasonable dispute14  In M.M. v. W.A.K., 2022 ONSC 4580 Superior Court Justice J. Christopher Corkery did not take judicial notice of the safety and efficacy of the vaccines.  Corkery expressed concerns in taking judicial notice that the government is always right:

b. What about the Residential School system? For decades the government assured us that taking Indigenous children away – and being wilfully blind to their abuse – was the right thing to do. We’re still finding children’s bodies.

c. How about sterilizing Eskimo women? The same thing. The government knew best.

d. Japanese and Chinese internment camps during World War Two? The government told us it was an emergency and had to be done. Emergencies can be used by governments to justify a lot of things that later turn out to be wrong.

e. Few people remember Thalidomide. It was an experimental drug approved by Canada and countries throughout the world in the late 1950’s. It was supposed to treat cancer and some skin conditions. Instead it caused thousands of birth defects and dead babies before it was withdrawn from the market. But for a period of time government experts said it was perfectly safe.15

The science relating to COVID-19 is developing. The “facts” are changing: [68] As well, how can you take judicial notice of a moving target?16

This is why court cases against the covid vaccine have failed and how the courts have been captured.  It’s the result of abuse of powers.

Circling back to the government’s admission that forced and coerced sterilization (and all medical treatments) is a human rights abuse and criminal offense, the recent peer-reviewed article COVID-19 mRNA Vaccines: Lessons Learned from the Registrational Trials and Global Vaccination Campaign authored by Jessica Rose, Steve Kirsch, Peter McCollough and others definitely establishes that a controversy on the covid-19 vaccine does exists and that there’s no consensus on its safety.

As the vaccine harmfulness becomes a mainstream accepted fact, all court cases that took judicial notice of the vaccine safety and efficacy will have to be revisited.