From Maxime Bernier <[email protected]>
Subject Public interest
Date October 12, 2023 3:59 PM
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John,



Yesterday I was in court for my appeal hearing and I thought you might appreciate an update on what transpired.



Click below to view a video of my reaction straight after we left court with one of my co-appellants, Shaun Rickard. <[link removed]>



<[link removed]>



In case you aren’t aware, I was in court as part of my constitutional challenge against the covid travel mandates imposed by the federal government 2 years ago.



We were appealing the judge's decisions from last year's hearing that rendered our challenge moot.



There are several criteria that a judge can take into consideration when determining whether a case is moot. The criterion my legal team was focused on was whether or not the case was in the public interest.



To us, it was clear that the case was in the public interest.



Covid travel restrictions are what motivated the Freedom Convoy, the largest civil rights demonstration in Canada’s history.



Subsequently, there was a public inquiry into the government’s response to the Freedom Convoy. Again, it is very clear that covid mandates are in the public interest.



These travel restrictions impacted more than 6 million unvaccinated Canadians across the country. This is a significant portion of the population, clearly testing the constitutionality of the restrictions is in the public interest.



Finally, regarding our specific case there is quite clearly overwhelming public interest. According to the court administrators, more than 19,000 Canadians registered to view our hearing yesterday! A record breaking figure!



It couldn’t be more obvious that this case is in the public interest and should be heard on its merits.



But, John, I have to be honest. After our hearing yesterday, I am not hopeful the judges will rule in our favour.



Don’t get me wrong, we had an excellent legal team who provided bulletproof arguments. We had incredible public support from those registering and tuning in to watch live.



But the judges were all appointed by the Trudeau Government, specifically the former Justice minister, David Lametti.



You might remember Lametti from his texts exposed during the Freedom Convoy Inquiry. He was “joking” about deploying the Canadian Armed Forces and tanks into the streets of Ottawa to deal with peaceful protesters.



I am doubtful that a panel of judges appointed by such a minister will view our case in an unbiased manner.



As well, based on the body language of the judges, and the types of questions they asked our legal team versus what they asked Crown (government) lawyers, it seems obvious to me that they were biased against us.



The only question they asked the Crown lawyers was what we should be charged if our appeal failed… They said we should be charged $5,000.



But the most discouraging question they asked was to our legal team. They asked us “which public interest” our case was in.



I was absolutely shocked!



As if we live in a segregated society where there is one public interest for the vaccinated, and another for the unvaccinated.



The judges clearly live in a different world. One were they, and everyone they know are vaccinated and these restrictions only protect them. No consideration for the discrimination of millions of Canadians.



I was reminded of a poem from after the Second World War.



First they came for the Communists

And I did not speak out

Because I was not a Communist



Then they came for the Socialists

And I did not speak out

Because I was not a Socialist



Then they came for the trade unionists

And I did not speak out

Because I was not a trade unionist



Then they came for the Jews

And I did not speak out

Because I was not a Jew



Then they came for me

And there was no one left

To speak out for me



The judges refuse to speak out for the unvaccinated, because they are not unvaccinated.



But they must realize the precedent that this sets.



Maybe they were not affected by discrimination this time, but by ignoring the government's violation of our Charter rights they are enabling totalitarianism.



Maybe they were not affected this time, but they may be next time, and will we be there to stand up for them?



We should receive the decision from the court next week. I will make sure to keep you updated but I am not hopeful.



But the decision of a few biased judges isn’t going to stop me.



We will take this case all the way to the Supreme Court if we have to!



Consider a $10 donation today to help me in my efforts to stand up for the unvaccinated and to defend all Canadians from arbitrary discrimination! <[link removed]>



Cheers,

-Max



P.S.: If you have trouble finding where you can donate, you can just click this link! [link removed]



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PPC - Gatineau, QC, Canada

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