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William Walter Kay BA JD
Canada’s Covid-19 Resistance – What Dr. Hinshaw’s Affidavit foretells
A foundational myth of Canada’s Covid protest movement has it that at some climatic point in this horror-show the judiciary will rush in to vanquish our medical tormentors. A recent ruling by Justice Kirker of Alberta’s Court of Queen’s Bench pours pails of ice-water onto this fever-born fantasy.
On December 7 the Justice Centre for Constitutional Freedoms (JCCF) et al filed an Originating Application in pursuit of declarations vitiating Alberta’s Covid-related Public Health Orders on the grounds that these Orders violate Charter-protected rights and freedoms.
Acknowledging that this proceeding will take time to adjudicate, JCCF filed a Notice of Application, on December 10, seeking immediate suspension of the impugned Health Orders pending the outcome of the overall case. The hearing on this interim relief, pitched as a bid to “Save Christmas,” was held via video on December 21.
JCCF’s team submitted an impressive portfolio of affidavits, memoranda and precedents. Counsel for the Alberta Government responded with a 7-page Affidavit signed by their Chief Medical Officer of Heath, the catatonic Dr. Deena Hinshaw. After a snap hearing Judge Kirker dispatched JCCF’s lawyers with shoeprints on their trouser bottoms.
Hinshaw’s Affidavit might have been cobbled together in an afternoon of copying and pasting from the Health Ministry’s website. Supporting documentation consists of 5 simple graphs.
Interestingly, as far as hospitalizations go, Hinshaw’s Affidavit presents a rather flaccid argument for a lockdown. She claims Alberta’s 2018-2019 flu season wrought 2,310 hospitalization stays including 341 intensive care unit (ICU) admissions. In 2019-20 there were 2,339 flu hospitalizations including 262 ICU admissions. Covid-19, from March 5 to December 16 2020, (a period longer than a flu season) generated 2,862 hospitalizations and 506 ICU admissions. This hardly warrants martial law.
The death count, however, tells another tale. Hinshaw claims Covid has already killed 790 Albertans while the seasonal flu killed only 659 Albertans in the past 10 years combined. This eye-popping stat no doubt arises from treating a positive test for SARS-CoV-2 as grounds for deeming Covid-19 to be the primary cause of death for any subsequent fatality, regardless of co-morbidities.
The gaping lacunae in Hinshaw’s Affidavit is the provincial aggregate death tally. If there were excess deaths in 2020 Hinshaw would have brandished this. Lack of discussion on this subject beckons a negative inference.
JCCF will surely grind out a truer depiction of the body count; but they labour in vain. A date hasn’t even been set for hearing the originating application; and its outcome is predictable.
According to Canada’s Constitution a government may limit any right or freedom provided it does so in a lawful manner consistent with democratic principles. Apparently, a Health Ministry press release suffices to discharge such obligations.
An appeal all the way to the Supreme Court of Canada (should they deign to hear it) will take years. By then Covid will linger only in the glittering treasures of Big Pharma shareholders.
Wherefrom the notion that judges would ride to our rescue? All senior judicial appointments in Canada are agonizingly scrutinised by partisan wonks deep within the Federal Government. They’re not seeking outside-the-box thinkers.
Moreover, Covid proceedings will entirely turn on the testimony of epidemiologists and virologists drawn from the Borg-like international medical-industrial complex. Legal authorities will side with medical authorities.
Resistance to the Covid reign of terror needs to explore additional pathways.