More on the Concept of Judicial Notice in Canadian Courts

Here's the Video and Short Overview of How "Judicial Notice" Rigged Canadian Court Cases to Favor Government Policy, No Matter What the Facts Might Be.

One of my collogues, the Independently Verified Information Machine (IVIM), has helped put together a short, twenty minute video, the June 13th, 2024 post “On The Use of Judiciary Notice in Canadians Courts - Chuck Black.”

Its essentially a video presentation of the May 26th, 2024 Freedom Forum post, “The Historic Concept of "Judicial Notice" Has Been Twisted by Canadian Courts,” but the video also moves on to the discussion of how to combat the use of judicial notice by the courts to enforce government decrees.

Over the short run, the only recourse within the current Canadian court system is to appeal the decision to a higher court.

But over the long run, while there is some discussion over whether new legislation is required to limit the scope of judicial notice in the courts and some question over whether or not it’s a decision best left to legislation and experts, the final solutions are still to be determined.

Some plaintiffs aren’t waiting for a resolution. They’re dropping out of the fight.

As outlined in the June 14th, 2024 Our Greater Destiny post, “Notice of Discontinuance: Vaccine Choice Canada,” the Board of Directors of Vaccine Choice Canada, a federally registered not-for-profit society active in pushing back against government overreach, have decided:

… to file a ‘Notice of Discontinuance’ with regards to the legal action filed on July 6, 2020 (Court File No. CV-20-00643451-0000). Discontinuance means that a party, for its own reasons, has chosen not to continue the litigation. The decision to discontinue does not take away from the importance or merit of the case.

It is the position of the Board of Directors of Vaccine Choice Canada that to continue this legal matter at this time is not advisable.

Our confidence in the independence and integrity of our Courts, and their willingness to properly consider the available facts and scientific evidence has been seriously eroded, past repair or hope. We are of the opinion that to participate in a fraudulent and illegitimate process is to give legitimacy to that process.

The case, as outlined in the November 15th, 2023 Toronto Superior Court of Justice document on the topic, was a wide ranging legal challenge to Covid-19 edicts launched with much hope and publicity in 2020 by well known constitutional lawyer Rocco Galatti.

The publicity was likely needed to help raise money to push the case forward, but the case itself was perhaps a little bit too scattershot and all encompassing to ever get a fair hearing in Canadian courts.

It also suffered from the courts use of judicial notice, which shut down legitimate debate over whether or not Federal and provincial lockdowns and edicts enacted during the great pandemic of 2020 - 2022 were reasonable and proportional to the actual dangers of Covid-19.

Over the last few years, the concept of “judicial notice,” has been twisted by the courts to include highly controversial political concepts such as “climate change“ “systemic racism,” and “forth wave feminism,” especially when bolstered by official government statements that “the matter is so notorious that it will not be disputed.”

This is what happened to the Vaccine Choice pandemic lawsuit.

The Greater Destiny post notes the June 13th, 2024 Vaccine Choice press release on the topic, which said that:

The Courts have clearly demonstrated their unwillingness to properly consider the facts as they relate to COVID-19, the evidence and lack thereof of a pandemic; the extent of harm caused by the so called “vaccine”; the extent of harm caused by measures and mandates imposed by governments including masking, social distancing, lockdowns, injection of a genetic material; lack of proper safety testing; the violation of our Charter Rights and Freedoms, and other matters related to the government’s response to the COVID-19 event.

The Courts have clearly demonstrated their unwillingness to consider expert testimony that challenges the claims of Health Canada, the CDC, and statements made by various government officials, officers and agencies.

The Courts have clearly demonstrated a deference, not to facts, the scientific method, and scientific evidence, but rather to government authorities, regardless of the inability of such authorities to justify their measures and mandates.

The Vaccine Choice notice of discontinuance notes that Canadian courts “have utilized “judicial notice”, “mootness”, and “motion to strike” as instruments to deny full debate and disclosure of the available evidence.”

Governments around the world are now suing pharmaceutical giants for providing misleading information during the great pandemic of 2020 - 2022. But four years ago, governments and court systems accepted drug company pronouncements without question and de-platformed all who disagreed with their assessments. For more, please click on the image above.

Then there’s the Justice Action Committee on Court Operations in Response to COVID-19.

Now known as the Action Committee on Modernizing Court Operations (or “Action Committee”), the committee was established in May 2020 as a joint effort between Chief Justice Richard Wagner and then Federal Attorney General David Lametti to assist courts across Canada in adapting and maintaining operations during the COVID-19 pandemic.

The “assistance” pushed by the Action Committee was designed to act in congruence with and facilitate government policy related to Covid-19 policy edicts and lockdowns enacted during that time.

But it was also a committee which activists and lawyers challenging Covid-19 edicts and lockdowns were initially unaware of.

Almost all of the information provided by the Action Committee to judicial officers was directly contrary to information the independent activists were intent on bringing to court notice to argue against the government policy decisions.

Everyone in the Canadian court system knew about the Action Committee and the information it was recommending.

This allowed judges to claim “judicial notice“ with any Covid-19 or pandemic related information provided by lawyers, plaintiff or independent researchers which disagree, even slightly with the information provided by Justice Wagner, Minister Lametti or any other member of the Action Committee.

The end result was that Canadian courts totally ignored or outright rejected any scientific, political, constitutional or public policy view of the Covid-19 pandemic which disagreed with existing government policy.

It was a perfect “Catch-22” situation.

You can’t disagree with government policy, since the existence of the policy itself is proof that “the matter is so notorious that it will not be disputed” under the legal concept of judicial notice.

While real science is always conditional, thrives off peer review and remains open to new evidence, the Canadian judiciary remains mired in policy decisions implemented at the request of drug manufacturers and government health workers back before independent evidence relating to the safety and effectiveness of the Covid-19 vaccines became widely available. Today, not everyone agrees with this approach and some courtrooms are taking steps to distance themselves from past errors. For more on this topic please click on the image above.

Those rejections, accepted in courts under the concept of “judicial notice“ allowed four years of legitimate court challenges to Covid-19 edicts and mandates to be ignored and dismissed by Canadian courts.

Given the two year Statute of Limitations on cases of this nature, the litigants probably don’t have recourse with another lawyer or a new court challenge.

Unless something changes in Canadian courts, none of the drug companies who sold us their lies packaged as vaccines will ever come to justice, at least in Canada, and no one in government who accepted and acted upon those lies will ever be held up to public scrutiny and punished for their errors, omissions or malfeasance.

All because the Federal government intentionally rigged the game against their own people, by using the legal concept of “judicial notice.”

So what’s going to happen next?

Stay tuned.

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