Legal Action Updates
May 12, 2023
The Notice of Appeal in Action4Canada’s case was filed on Sept. 28, 2022 (see below). All subsequent documents were filed with the Court on time, by January, 2023, by all parties. Normally it takes 2-3 months for a trial date to take place in the Court of Appeal. The Court of Appeal does not sit in July/August. We should have had our hearing by May 2023, yet the Court is not setting a hearing date until the fall of 2023. This is an action by the Court that is not justified nor part of their normal procedures.
We determined that because the trial judge made comments in relation to matters unrelated to the length of the original 391 page Petition we filed, and that the decisions could affect our case, we needed to file an appeal to deal with these matters first (before filing the new NOCC), to ensure that they do not prejudice our trial. It is unfortunate that the Court of Appeal, for reasons unknown to us, has set a hearing date 8-9 months after the last court documents were filed, which is far outside the normal waiting time.
March 23, 2023
Rocco is working diligently at preparing the new Notice of Civil Claim. The NOCC will include challenging Bill 36. This means it will be part of our constitutional challenge against the BC government. This is a very important and critical action against the BC government’s unlawful passing of Bill 36 that violates guaranteed protected constitutional rights of citizens.
November 13, 2022
The new Statement of Claim will be filed in the near future and we are also appealing several of Judge Ross’ rulings, as they are incorrect and unfounded. We must file an appeal so that his ruling does not remain on record. An appeal is always a separate cost from the original claim. We therefore request, and would appreciate, your donation and ongoing support to help keep Action4Canada’s legal war chest replete and equipped for the ongoing battle. Action4Canada’s case is the only major case proceeding in British Columbia and that is thanks to Rocco’s expertise. Important to Note: As a result of Rocco’s federal actions Trudeau cancelled the travel mandates and APP, in addition to instigating other positive outcomes
September 28, 2022
On September 28, 2022 a Notice of Appeal was filed. The appeal stipulates what the Appellants are seeking and the grounds of the appeal.
Statement of Claim
View the Statement of Claim
August 17, 2021
August 2021 submitted to the BC RCMP Deputy Commissioner McDonald and RCMP Superintendent Blackadar.
June 2020 – June 2022: Calling for an Investigation
August 29, 2022 – Good News, Action4Canada’s Case is Moving Forward!
On August 29th, 2022 the Supreme Court of British Columbia ruled on the Defendants’ motion to strike the action brought by Action4Canada and the other Plaintiffs. The Defendants had requested that the claim be DISMISSED without leave (permission) to amend it because they felt it was frivolous, an abuse of process, and demonstrated no cause of action. The Court REJECTED the Defendants’ request to dismiss. Read more Here
Watch the following interviews with Tanya Gaw as she provides further details on the case and the significance of Judge Ross’ decision.
May 31, 2022 – Court Update
George Roche: Canadian Rights Watch
Odessa, Liberty Talk Canada
The motion to strike was heard on Tuesday May 31, 2022 in the BC Supreme Court. See link above for full report.
Legal documents presented…
Tab 9 Response to Motion to Strike – Application Record
Application Record – Volume 1 (Tabs 1-18)
Application Record – Volume 2 (Tabs 20-54)
Dear Friends, as many of you may be aware Rocco became critically ill and was hospitalized in December 2021. As we reported in January 2022 the remaining defendants filed a motion to strike and this is a typical response in a case where the defendants are committing such egregious crimes and are in powerful positions of authority.
The Motion to Strike was to be addressed on Feb. 3, 2022 but due to Rocco’s condition he was unable to attend court so the Motion to Strike has been set for May 31, 2022.
There are reports from individuals trying to discredit this case and make accusations that Rocco is intentionally sabotaging it but we assure you, nothing could be further from the truth. It is regrettable that we have experienced these very unfortunate delays but they are outside of anyone’s power to change.
Action4Canada retained Rocco Galati because we believe he is the best man for the job and we have confidence in his ability and his strategies.
Further, the donations generously given by our members and those supporting this action are sitting in trust and will be used in taking legal action.
Some of the defendants in the Action4Canada Notice of Civil Claim have responded with a Motion to Strike. This is a common response to a claim of this magnitude and in no way means the legal action has been dismissed. Action4Canada continues to work with Rocco’s office and will be proceeding with the case as planned.
Update November 1, 2021
A Response to Civil Claim was filed by two defendants in the court action of Action4Canada et al v Her Majesty the Queen in Right of British Columbia. Island Health Authority and Providence Health Care are the first of twenty-four defendants to file their response.
The Response was a standard response filed as required pursuant to Rule 3.3(1)(2) of the B.C. Civil Rules of Court. As required, the two Defendants, specifically the Vancouver Island Health Authority and the Providence Health Care, filed their joint Response, setting out the facts that they admitted (Rule 3.3(2)(a)(i)(A)), the facts that they denied (Rule 3.3(2)(a)(i)(B)), and their version of the facts and the material facts that they were relying upon (Rule 3.3(2)(a)(ii)(iii)).
Despite what some bad actors are saying, this is not a counterclaim (suit) nor does it mean that Action4Canada’s case has been dismissed. Anyone saying that simply does not understand the basics of our judicial system. Read More
August 2021 – We reached 100% of our current
Legal Fund financial goal!
- Financial Goal 100% 100%
We cannot express adequately enough the depth of our gratitude to the thousands of grassroots Canadians who donated to this historical legal action to defend Canada’s sovereignty and democracy and to protect individual rights and freedoms.
Special thanks to our dear friends at Vaccine Choice Canada who made a very generous donation of $25,000 on July 21, 2021.
July 21, 2021
Legal Action Updates with Tanya Gaw, A4C, and Ted Kuntz, VCC
WINS as a Result of Filing Our Case:
Since filing the Statement of Claim BC Ferries is honouring passengers mask exemptions and they have also been exempt from the new domestic travel vaccine requirements. They will NOT be asking passengers for their personal protected private information.
The Transport Minister, Omar Alghabra, and Attorney General, David Lametti, are named as defendants in the Notice of Civil Claim. As a result they are not supporting Trudeau’s outrageous proclamations that everyone has to get vaccinated.
“The federal Justice department has cautioned the Trudeau government that zero-tolerance vax mandates are unconstitutional…and...The federal Transportation department quietly announced that the vaccine mandate for air and rail travelers would have to be put off until December…” Read More
As a result of filing the SOC the BC Minister of Education, Jennifer Whiteside, is attempting to avoid further liability as she abdicates mandating vaccinating teachers by putting the onus on the School Boards. Action4Canada launched a campaign serving every School Board Trustee in BC with a Notice of Liability and a separate letter outlining the Sections of the School Act wherein they will be held personally liable. As a result, School Board Trustees across BC are voting against mandating vaccination for teachers.
In Canada and around the world more and more rulings are being made in support of citizen’s constitutional rights and against the tyrannical Covid mandates. Read more
The media and the government have conditioned Canadians to hyper-focus on the .03% of the population who are at higher risk every year during the influenza season. In the meantime the devastation being caused to the 99.97% is going unnoticed and considered mere collateral damage.
Millions of Canadians are out of work and can’t provide for their families, hundreds of thousands of businesses are being forced to close permanently, the elderly are being cruelly isolated and dying alone (not of covid but from pure loneliness), our children and youth are being psychologically traumatized, thousands of Canadians have died due to surgeries and treatments being considered “non-essential”, the suicide rate has increased exponentially, and our economy is being systematically destroyed.
September 2020 – Therefore, Action4Canada is raising funds to commence legal action against the Federal and BC governments in response to their extreme emergency measures. These measures are not supported by science or facts and are causing a great deal of harm to the majority of Canadians.
On December 25, 2020 we achieved raising 50% of the funds needed in order for our lawyer, Rocco Galati, to begin the Statement of Claim, which we will anticipate filing in April 2021.Thank you to everyone who has given so generously to rise up in defense of what should be…. our “guaranteed” rights and freedoms.
A little history …On Saturday, September 13, 2020, Action4Canada attended an event in Vancouver, BC to announce the decision to commence legal action. We shared the need to raise funds and in an unexpected outpouring of generosity from the crowd we raised nearly $14,000 cash. This was an amazing start to the fundraising campaign.
A constitutional challenge is costly but we believe this is the best way forward. Therefore, we continue to seek your help. Please reach out to friends, family, co-workers, business owners and anyone else you know, and encourage them to give generously. The following Call to Action is a great resource to help share the message… Click Here
Whether you live in BC or not, this affects all Canadians. The draconian BC Bill 19 must be challenged as it sets a precedence for other provinces to follow. Please watch the videos and speeches below to learn more.
Interview with Tanya Gaw from Action4Canada
Interview with Ted Kuntz from Vaccine Choice Canada
Vancouver Event – Full version. Please check out Ted Kuntz speech from VCC (1:04:00)
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