Thursday, March 4, 2021

Judge grills lawyer about Dr. Henry not providing affidavit in COVID-19 church case

Free Reformed Church of Chilliwack
 PHOTO BY FRANCIS GEORGIAN /PNG staff

H/T. Simon Hicks

Good morning readers.  I have a ton of fabulous posts to load up today and only hope that I have the time and energy.  Lately I have tried to blog between a family health crisis and other intrusions.  But rest assured, the dearth of posts yesterday was not due to lack of material.  Au contraire.  I have numerous drafts in a steady holding pattern awaiting launch.  My intrepid war correspondents are working overtime supplying me with "Must Reads"...so much so that I can barely keep up.  Here is one such example that I received this morning from Simon Hicks.  The Bullshitter "Dr" Bonnie Henry, is in the hot seat with a BC Supreme Court Judge.  He's wondering why Bullshit Bonnie never even bothered to submit an affidavit in support of her application to keep all the churches shut down during the CovID-19 Plandemic/Scamdemic Globalist HOAX/Mass Toxic Injection Cull.  Please read the following and I will have the answer to that question in final comments to follow:

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Judge grills lawyer about Dr. Henry not providing affidavit in COVID-19 church case


"There couldn't be, I say, a more substantial interference with religious freedom than to prohibit them from gathering to worship — absolutely integral to their faith."

Keith Fraser

 Churches continue legal fight against B.C.'s COVID-19 rules | Vancouver Sun

B.C.’s top trial court judge questioned a B.C. government lawyer Tuesday as to why Dr. Bonnie Henry, the provincial health officer, did not provide an affidavit in the case of three churches claiming their religious rights were violated when church services were restricted under COVID-19 regulations.

Gareth Morley, the government lawyer, had barely begun his submissions in the Vancouver court case before he faced a number of questions from B.C. Supreme Court Chief Justice Christopher Hinkson.

Morley told the judge Henry’s duty under the constitution was to protect public health in a way that proportionately and reasonably limited the Charter freedoms the three Fraser Valley churches claim were breached.

The judge asked him who decides what is proportionate, and Morley responded by saying it was Henry who did so and that that was the subject of review by the court.

“Dr. Henry is really holding all the cards,” said Hinkson. “She knows why she’s doing things."

The judge noted that there was no affidavit filed by Henry, although there was an affidavit filed by another doctor in the case.

“So how do I know what Dr. Henry is doing and why?” asked the judge.

Morley noted that the process of public health orders being issued allows a party affected by an order to seek a reconsideration of the decision, an avenue that was pursued in the case of the churches.

The judge said he wasn’t sure the court was equipped to test the reasonableness of medical opinion and noted that it was not a battle of experts before him.

“But when you deprive the complainants of the ability to understand how (Dr. Henry) got from A to B, the court can’t look at it, it really isn’t much of a review,” said Hinkson. “It gives Dr. Henry absolute authority and if she chooses not to share her thought process with the court, there’s no oversight.”

The judge said the churches were entitled to know how the orders would allow someone to go into a bar and watch a hockey game for an hour or two but at the same time prevent someone from sitting in a church for the same amount of time.

“It is a point I’m struggling with,” he said. “Nobody elected Dr. Henry. She’s been appointed and she has a difficult job. But if you just take it on faith, that’s an ironic term to use. If you just take it on faith that she’s balancing all of these things.”

Morley said the way Henry had given reasons for her health orders “for the most part” had been through her weekly televised news conferences. “And in almost every one of those, at least in the last while, she has talked about this issue in the religious communities.”

When Hinkson said that none of the information from the news conferences was before him, Morley replied that it was in fact part of the record filed in the case.

The Riverside Calvary Chapel, the Immanuel Covenant Reformed Church and the Free Reformed Church of Chilliwack are seeking to set aside the public health orders restricting religious gatherings. Morley is expected to continue his submissions Wednesday."

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Greencrow concludes:  Folks,  way back in the 1970's when I was a legal assistant for 12+ years for some of Vancouver's top lawyers [one of whom went on to become a BC Supreme Court Judge] I used to write Affidavits myself.  Yes, little ole moi used to compose and type numerous Affidavits every single day.  I drafted them in support of applications my boss made and which he did not have the time to draft Affidavits.  I drafted them, ran over to the nearby court house, filed them and then, as a special bonus for why my boss loved my work...I ran over to the opposing lawyer's office and served them on him!

Later, when I was a Child Protection Social Worker, I also drafted, filed and served Affidavits in support of my applications to take children in need of protection into the care of the Ministry of Social Services.  Yes, I would wager I've drafted thousands and thousands of Affidavits in my life.  So, I know how absolutely crucial an Affidavit is to ANY legal Application.  Not to provide an affidavit in support  of a legal application is absolutely unheard of.  It is like the government going and removing a child from a family...and not providing any reasons for the decision.  Hellowwww???!!!!

But, here we have the Bullshitter...arbitrarily shutting down Churches, gyms, and restaurants and not providing a reason, any reason, for her decision.  This is all the more insulting and injurious...considering she's allowing other businesses...i.e., Liquor Stores and Costco's and Golf Clubs to stay open.

Now, I know why the Bullshitter did not provide an Affidavit and it might surprise readers...or it might not.  You see...this is how it's ALWAYS done in a Tyranny.  The Tyrant puts himself/herself/themselves ABOVE THE ESTABLISHED LAW.  They imply by their actions that they are so far above...that the normal laws/rules/customs do not apply to them.  That's the ONLY way they can proceed.  If they followed the law...they would be brought down in a heap in a puddle...like the "Wicked Witch of the East" ended up in the Wizard of OZ.  Their reasons, if stated, would reveal the truth behind the lies.  This [The Wizard of Oz] is what this caper is looking more and more a sequel of...at least here in BC.  If, however, they succeed...they then set a legal precedent for all kinds of similar tyrannical diktats.

To make in Celebration When the Bullshitter
either Resigns or is Arrested and Tried

So I don't know where this application is going in the courts from here.  IMO, it should have been tossed out immediately when the Judge realized there was no application submitted in support of the application.  I would, however, advise British Columbians to keep an eye on this matter.  If The Bullshitter prevails, it is a clear indication that we no longer live under the rule of law...but now exist in a Tyranny.

Simon Hicks also submitted this video about the Tyranny that they have in mind...called "Communitarianism" in this video:

The New Model: Communitarianism
This Video Answers the Question of
 Why Bonnie Feels She doesn't
 need to provide an Affidavit

3 comments:

Anonymous said...

Anonymous(X) here:

QUOTE:

“It is a point I’m struggling with,” he said. “Nobody elected Dr. Henry. She’s been appointed and she has a difficult job. But if you just take it on faith, that’s an ironic term to use. If you just take it on faith that she’s balancing all of these things.”

Morley said the way Henry had given reasons for her health orders “for the most part” had been through her weekly televised news conferences. “And in almost every one of those, at least in the last while, she has talked about this issue in the religious communities.”

When Hinkson said that none of the information from the news conferences was before him, Morley replied that it was in fact part of the record filed in the case.

======================

COMMENT:

I got the vibe a few weeks ago when the judge ruled on an earlier application that Dr Bullshite was going to be schooled on the law.

While the case is still preliminary and pre- judgment,the judge appears to be being "polite" in basically stating Dr Bullshite is out of control and reeking havoc on BC citizens without any resemblance to "show cause". About time.

Ditch this Witch !!!

Anonymous said...

Anonymous(X) here:
More on UNelected bully bureaucrats


Politicians have turned the police against the people: John Carpay with Ezra Levant

https://www.rebelnews.com/politicians_have_turned_the_police_against_the_people_john_carpay_with_ezra_levant

Here's a bit of what John had to say:

“It's terribly sad, because there are lots of Canadians that are pro-police, they want to be pro-police. They don't want to see the police defunded, they want to see the police enforcing, you know, the Criminal Code prohibitions against things like murder, and rape, and assault and all kinds of other fraud, all kinds of crime. And unfortunately, our politicians have turned the police against the people by passing unjust laws in the name of health orders.

“And you mentioned the lack of accountability. One of the legal arguments that we are bringing forward in our court actions in Albert and Manitoba and other provinces, where we are now challenging the lockdowns in court is that this is a blatant violation of the Constitution. Not just the Canadian Charter of Rights and Freedoms, but also the non-Charter parts of our Constitution that require... laws be passed by the elected members of a democratically elected legislative assembly.

“...this is a core component of Canada's Constitution — that you don't have unelected, unaccountable, politically-appointed people that are passing general laws that apply to all citizens. And just passing new laws every week, every month on a whim, with no democratic accountability.”

This is just an excerpt from the full Ezra Levant Show.

greencrow said...

Hi Anonymous [X]

Bonnie not providing an affidavit was the crudest form of insult imaginable. They are trying to destroy our legal system.

Regarding the police...the police should be on our side because if the Communist-arians take over they'll be out of a job...as will the military. We'll ALL be in a virtual Technological global prison. The Vancouver Police appear to be fully cognizant of this and are acting accordingly...supporting our resistance. OTOH...they [the VPD] are constantly being attacked by the MZM...for this very reason.