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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,664 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Canada's Reply to Strike "Fudged    |
|    01 Jul 21 10:03:59    |
      From: johnturmel@gmail.com              TURMEL: Canada's Reply to Strike "Fudged Mortality Rates" Action              JCT: I filed an action to end lockdown restrictions because       they fudged the mortality rates. Saying "fudged mortality       rates" seems against their standards and my comment was       taken down.              The Crown filed a motion that complaining about them fudging       the statistics is frivolous, at least to a bottom of the       math barrel lawyer! Our case is all math about:       - fudging the mortality rates       - fudging the asymptomatic transmission rates       - fudging the Canadian death rates with CTV deletion       - fudging Death Rate with CDC Death Certificates Guidelines       - fudging Case Rate with over-sensitive PCR tests       - fudging HCQ efficacy with Bill Gates Oxford overdoses              But it's all frivolous to a Crown lawyer! Har har har.       I filed a Response pointing out all the names our       allegations were called but not specifically cited any.              This is the Crown Reply. It now goes to a judge. Sad part,       the Court has stalled word of the fudging getting out to the       suckers taking the unnecessary vaccine. People who took it       believing the mortality rates to get out of lockdown will       have this Crown and this judge to blame for the stall in       lockdown that persuaded them to take the jab.              Court File No.: T-130-21        FEDERAL COURT       B E T W E E N :        JOHN TURMEL        Plaintiff        (Responding Party)        and        HER MAJESTY THE QUEEN        Defendant        (Moving Party)               WRITTEN REPRESENTATIONS IN REPLY OF THE DEFENDANT        (Motion to Strike or for Security For Costs)              CR: 1. The plaintiff continues to reiterate allegations       against third parties in his submissions (i.e. Youtube, the       World Health Organization, and Bill Gates).1 However, he       still has not set out facts capable of establishing that any       of his Charter rights have been infringed by the federal       Crown.              JCT: Crown may play obtuse and keep saying there aren't       enough facts proving that the danger was exaggerated a       hundredfold.              CR: 2. The plaintiff's suggests that "it is premature to       bemoan not having the facts before the facts are due," and       that the necessary facts will be provided in his eventual       affidavit evidence if the claim proceeds.2 However, this       Court has held that ". the facts must be plead in the       initial claim. The question of whether those facts can be       proven is a separate issue, but they must be pled       nonetheless."3              JCT: Too bad we don't know his definition of "fact." Is it       not a fact that WHO exaggerated the threat by comparing       disparate mortality rates without saying so?              CR: 3. The plaintiff also admits that "he may not exemplify       all the woes cited, but I'd bet some of the other 76       plaintiffs whose actions are stayed do," and argues that       "the only reason I cannot rely on their facts is because       Defendant had the others stayed."4 However, the Federal       Court of Appeal has recently held (in the context of a claim       that was similarly based on a "kit" developed by Mr.       Turmel), that "facts that are applicable to another       individual" cannot be used to support a claim that a       plaintiff's Charter rights have been infringed."5              JCT: Which is why the others should not have been stayed so       they could exemplify all the woes cited! The Crown kept the       others out and now claim the win because I'm alone.              CR: 4. The plaintiff also now alleges he recently received       an $880 ticket for attending an anti-lockdown protest, which       he alleges engages his Charter s. 2(c) rights.6 The       plaintiff did not plead the facts surrounding this ticket in       his claim, and does not suggest that the ticket was issued       by the federal Crown or pursuant to any federal legislation       or measure.              JCT: I didn't plead it in my Jan 19 action because I didn't       get it until mid-March. I only pleaded that my mobility       rights are threatened. But I can cite it in my affidavit if       I'm given the chance to file one. Remember, they want it       thrown out before having to file the Statement of Defence       and our affidavits. Make sure I can't file it.              CR: 5. The plaintiff alleges that he cannot afford to       provide security for costs.7 However, he still has not       provided any affidavit evidence of his alleged       impecuniosity. This Court, when ordering security for costs       against a plaintiff seeking to file a claim based on the       plaintiff's litigation "kits," reiterated that "the onus of       proof to establish impecuniosity is high, and must be       discharged with robust particularity."8 Where a plaintiff       "has put nothing before the Court by way of affidavit to       demonstrate impecuniosity or inability to pay," for example,       an affidavit stating that his own assets are insufficient to       provide security or he is unable to raise the money by       borrowing from friends, family, or others, a claim of       impecuniosity should be rejected.9              JCT: There's a difference between rejecting my defence of       impecuniosity and granting their request for costs. I don't       need to prove impecuniosity unless she orders I provide       security for costs, in which case, someone else can take       over Lead Plaintiff and they get an extra few months of       suckers taking the jab before the "FUDGED MORTALITY RATES"       make it into the court and public awareness.              CR: 6. To the extent that the claim is challenging the       federal pre-flight testing and 14-day quarantine       requirements applicable to international travelers arriving       in Canada, it is also noteworthy that this Court has very       recently dismissed a Charter challenge to the further       requirement, which was introduced following issuance of the       present claim, that international travelers stay at a       government authorized accommodation or designated quarantine       facility for a period of time upon arrival in Canada (the       "hotel requirement).10              7. In its decision of June 18, the Court (Crampton CJ) held       that these requirements did not infringe any of Charter       sections 6, 7, 8, 9, or 12.11 While specifically concerned       with the hotel requirement, Canada submits that the Court's       findings are equally applicable to the pre-flight testing       and quarantine requirements referenced in the plaintiff's       claim, and that the plaintiff has pleaded no facts that       would warrant a departure from these conclusions in this       case.              JCT: This was the big loser where they had no answer to       "We're doing it for the common good." Fudging the statistics       to impose lockdown was not for the common good. So who cares              [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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