Press Release – Legal Challenge to COVID-19 Measures Filed In Ontario Superior Court

Statement of Claim Redacted – Click Here to Read (PDF)

Case Update Dated December 3 2020 – Click here to Read(PDF) 

Covid-19 Measures Challenged in Ontario Superior Court

Due to the egregious and persistent violations of Canadians’ Constitutional rights by Federal, Provincial and Municipal governments in their response to Covid-19, Vaccine Choice Canada, along with seven other co-plaintiffs, have taken legal action against the Government of Canada, the Government of Ontario, the Municipality of Metropolitan Toronto, various public health officials, and the Canadian Broadcasting Corporation.
A Statement of Claim was filed in Ontario Superior Court on July 6, 2020.
Given the failure of the mainstream media to report on what is arguably the most important event in Canada today, it is necessary to deliver this announcement to you personally.
For the last many months an exaggerated and dishonest ‘pandemic’ narrative has been used to incite unnecessary panic and to justify the systematic violation of the rights and freedoms that form the basis of our society. These include the rule of law, our Constitutional rights, national sovereignty, the right to privacy, financial security, and even our democracy.
During times of emergency, Constitutional rights do not cease to exist; in fact, they become even more important.
Moreover, countless internationally recognized medical and scientific experts agree that the threat from this year’s coronavirus has been vastly exaggerated and does not justify the measures that have been imposed in many countries, including Canada.

• Millions of citizens have been indiscriminately restricted to their homes.
• Parliament and the courts have been effectively shut down.
• Local businesses, economies and livelihoods have been destroyed.
• People with serious non-COVID health conditions have been denied medical screening and treatment.
• Social and cultural life has been effectively eliminated by physical-distancing requirements.
• Residents of long-term care homes live in virtual solitary confinement.
• Children are no longer being appropriately educated and socialized.
• With the closing of places of worship, Canadians have lost the right to practice their religion and participate in their faith communities.
• In many municipalities, non-medical masking is being imposed without scientific or medical evidence.
• The scientific facts about Covid-19 and the opinions of experts who disagree with the official narrative and the indiscriminately imposed measures are systematically censored by the mainstream media, including the Canadian Broadcast Corporation.

Canada’s governments have failed to present robust and verifiable scientific evidence to legitimize the ongoing emergency measures, nor offered a medical and economic cost-benefit analysis of the impact of such measures.
It has long been obvious that the health, social and economic consequences of the Covid-19 measures are dire and adversely affect the well-being of the citizens of Canada. Yet, our governments and health agencies have been oblivious to the mounting damage and deaf to the pleas of citizens, civil-society organizations, and medical and research experts.
Under these circumstances the only recourse is legal action.
I invite you to become informed of our action as outlined in the Statement of Claim.
Sincerely,
Ted Kuntz, President
Vaccine Choice Canada
Vaccine Choice Canada is a federally registered not-for-profit organization with a long history of defending the rights and freedoms of Canadians when it comes to individual and public health.
Vaccine Choice Canada: www.vaccinechoicecanada.com
Legal counsel:  Rocco Galati, B.A. LL.B, LL.M.:  416-530-9684
Legal challenge reporting and interviews: https://vaccinechoicecanada.com/media/press-release-legal-challenge-to-covid-19-measures-filed-in-ontario-superior-court/
 

The above information was sent to all Canadian Members of Parliament, Provincial and Territorial MLAs and MPPs via email on July 29/30, 2020

Click here to DONATE TO OUR LEGAL CHALLENGE FUND 

Join Vaccine Choice Canada here.

July 8, 2020
We are living in unprecedented times. The mass and indiscriminate containment of citizens, the restriction of access to parliament, the courts, medical and educational services, the destruction of local economies and livelihoods, and the requirement to physically distance, along with the forced use of non-medical masking are extraordinary measures that have never before been imposed on the citizens of Canada. The impact of these aberrant measures on our physical, emotional, psychological, social and economic well-being is profoundly destructive and these actions are unsustainable, unwarranted, extreme and unconstitutional.
During times of emergency, Constitutional rights do not stop being important. They become even more important.
Vaccine Choice Canada has made numerous formal requests of the Government of Canada and various provincial governments to provide evidence that justifies the declaration of an emergency, the imposition of unscientific and unwarranted measures, and the violations of our Charter rights and freedoms, to no avail.
An over-hyped COVID-19 pandemic narrative is being utilized to create unnecessary panic and to justify the systemic violation of the rights and freedoms that form the basis of our society, including our Constitutional rights, sovereignty, privacy, rule of law, financial security, and even our very democracy.
Many recognized global health and research experts have offered their severe and valid criticism of government overreach and the draconian and unjustifiable measures taken in response to COVID-19. The warning bells are being rung about the dire consequences of these unwarranted, irresponsible, and extreme actions that are in violation of the rights and freedoms well established in Canadian and international law. All this continues to fall on the deaf ears of governments.
On Monday, July 6, 2020, Vaccine Choice Canada formally filed legal action in the Ontario Superior Court to hold multiple parties accountable for their actions with respect to COVID-19 measures. The defendants include: the Government of Canada, the Government of Ontario, the Municipality of Toronto, various public health officers, the Canadian Broadcasting Corporation, among others. Vaccine Choice Canada has a long history and enviable reputation of advocating for and defending the rights and freedoms of Canadians when it comes to public and individual health.
The plaintiffs are inviting the press to a Press Conference on Thursday, July 9, 2020 at 11:15 AM EDT at the office of their lawyer, Rocco Galati, B.A., LL.B., LL.M. , ROCCO GALATI LAW FIRM PROFESSIONAL CORPORATION.  Due to limited space considerations, the Press Conference is an in-person event for accredited press only.
The press can also join the conference via Zoom. To join the conference, pre-register at the following link [meeting has ended]  After registering, you will receive a confirmation email containing information to join the conference.
A copy of the issued statement of claim will be available on our website following the press conference. Any questions with respect to the claim are to be addressed to our legal counsel, Mr. Rocco Galati at 416-530-9684.
Ted Kuntz, President, Vaccine Choice Canada

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Statement of Claim (redacted to protect co-plaintiffs) (pdf)

Legal Challenge Update –  as of December 3, 2020

1  Constitutionality of COVID Measures
Reason for Litigation
In response to the forced isolation, quarantine, physical distancing, closure of businesses, closure of parliament, closure of the courts, and other measures that violate Charter rights and freedoms, Vaccine Choice Canada and seven other plaintiffs launched legal action against the Government of Canada, Government of Ontario, Municipality of Toronto, various chief medical officers, Dr. Teresa Tam, Canada’s Chief Medical Officer, the Canadian Broadcast Corporation (CBC), amongst others. This application challenges the constitutional merit of imposed COVID measures. The application did not include masking mandates as these measures were not in place at the time of application. The statement of claim was filed on July 6, 2020. The statement of claim can be viewed at: https://vaccinechoicecanada.com/wp-content/uploads/vcc-statement-of-claim-2020-redacted.pdf
Current Status: The defendants have yet to file a statement of defence. This is an active file.
Suspension of Superior Court Operations
Note: The Superior Court of Justice suspended all regular operations effective March 17, 2020. Some operations of the court were resumed on September 14, 2020. Due to the suspension of operations, the period of time for the defendants to file a statement of defence was also suspended.
2. Actions to Address Masking Mandates – Ontario
Reason for Litigation
In response to the indiscriminate imposition of non-medical face coverings by municipal governments and businesses Rocco Galati Law was asked to prepare an application in the Superior Court of Ontario. The application was to challenge the constitutionality of masking measures and seek immediate relief.
Current Status:
On October 3, 2020, the Government of Ontario introduced legislation to impose non-medical masking upon all citizens of Ontario. This legislation replaced the various municipal mandates established indiscriminately across the province.
While the legislation mandated masking throughout the province, it also formally recognized legal exemptions to masking. The exemptions are broad and include physical, emotional, and psychological health, as well as creed or belief. Further, the legislation makes clear that evidence of an exemption is not required. The inclusion of these aspects in the legislation effectively means that masking is the Province of Ontario is voluntary.
This new legislation represents the relief sought by a pending application, short of eliminating all masking requirements. Therefore, seeking further relief on this issue would likely not result in any substantive legislated change as relief has already been granted in the existing legislation. It is reasonable to assume that the clear and definitive inclusion of masking exemptions in the October 3, 2020 legislation was in direct response to the threat of legal action by Vaccine Choice Canada against the Government of Ontario.
Next Steps
The inclusion of exemptions to masking in the legislation, however, is not being reflected in practise. Access to employment, education, access to goods and services, etc. continues to be arbitrarily and illegally restricted. This requires a shift in our focus and efforts. These include:

• Education: VCC and other organizations are investing resources to educate Ontario citizens and businesses on the legal aspects of the new legislation to ensure citizens and business owners are aware of the legitimacy of exemptions for those who need them.
• Individual Legal Action: In an effort to address the unconstitutional and human rights violations of institutions, businesses and services who fail to recognize valid legal exemptions, individual legal action may be necessary.

The Constitutional Rights Centre is actively developing legal templates supported by educational videos to assist citizens to launch legal action in small claims court against these businesses and institutions. These templates will be available for download on the website of the Constitutional Rights Centre shortly. Templates for other provinces will be made available as soon as they are developed.  See: constitutionalrightscentre.ca

• Application Against Schools: An application is being prepared to address the violations of the Charter rights of children taking place in our schools. In addition to the Charter violations, evidence of the physical and psychological harm to children is being gathered. This application is being prepared and will be filed shortly.
• Citizen Action: Legal action alone cannot stop the mass confusion and panic generated by the distorted and manipulative messaging by our governments, health agencies and mainstream media. This panic and hysteria currently being experienced by the public can only be addressed by direct individual action.

This includes engaging your elected representatives, holding the media accountable, educating family and friends, protesting, and not complying with illegal and unconstitutional measures. This kind of change cannot be brought about by a single court case, but rather by each of us engaging in action to defend our rights and freedoms. We encourage you to support organizations engaged in this action and do what you can to help restore our rights and freedoms in Canada.

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Update from our lawyer Rocco Galati on the case at the Stockholm Peace Summit on December 18, 2020

Trudeau Government SUED FOR “DRACONIAN AND UNJUSTIFIABLE” RESPONSE TO COVID-19 with Rocco Galati – Dan Dicks, Press for Truth – 33:49 video
Ontario lawyer files lawsuit against feds, province & CBC over Covid-19 measures & masks – Muskoka Post
Interview with Constitutional Lawyer – Rocco Galati – Amanda Forbes – 57:21 video
Vaccine group sues Trudeau government for ‘draconian and unjustifiable’ response to COVID-19 – Vaccine Choice Canada launched the legal action against Trudeau, Ford, CBC, and others for their ‘over-hyped COVID-19 pandemic narrative’ – LifeSiteNews
More at COVID-19 News and Resources

Press release from our 1st Lawsuit with Rocco Galati in the Superior Court of Ontario, against the government of Ontario, challenging the Constitutional Validity of the Immunization of School Pupils Act 

Canuck Law, Alexandra Moore, and others sued for anti-Semitic, racist and
other defamatory posts and articles.

Statement of Claim against Canuck Law September 7 2021 – Click Here to Read (PDF)