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What Constitutional Rights and Freedoms have been obstructed or ignored during this pandemic?

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BY SIMONE J. SMITH

“Currently, it is illegal to go to the gym, yet, the Toronto Maple Leafs can train and Olympians can train. Why are the gyms not allowed to open? There seems to be a different set of rules, for different sets of people.” Ryan O’Connor

Something that this pandemic has taught me is that many of us living in Canada are ignorant of the law. I get it. Aspects of the law are confusing, and you might find it mentally taxing. It is filled with what I call unnecessary jargon, meant to confuse and deter those who are not able to understand the rhetoric. It is no wonder that many of us are heeding to laws that we don’t know are unconstitutional. How would we know?

This is why I reached out to Ryan P. O’Connor a partner at Zayouna Law Firm. I wanted to speak with someone who would be able to sift through the noise, and expose information that will help many of us in the community navigate through this pandemic.

The team at Zayouna Law firm have dedicated their time to serving seriously injured clients. They provide legal services for commercial litigation, and have experience in both dispute and litigation needs. From my experience with Ryan, I see that as a team, they take the time and go the extra mile to become personally acquainted with their clients. During our interview, Ryan made me feel comfortable. I didn’t feel intimidated during our discussion, and he took the time to educate me so that I would be able to educate the community.

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Ryan is an experienced litigator, and advocates for clients in areas such as: personal injury, insurance, employment, libel and defamation, and appeals. What brought us together is Ryan’s interest in public affairs and public policy. He assists by advising clients in regulatory and compliance matters involving federal and provincial legislation.

This is not his first time in the public eye. He has appeared in the media commenting on legal matters in relation to his area of expertise.  His most current case is a constitutional challenge on behalf of a gym in Kitchener.  As many of us know, independent gyms have been forced to close, even though gyms that house professional sports athletes have been allowed to stay open. Special Olympians are not allowed to train, and this has had an impact on members of the disability community.

“I have a COVID-19 Advisory Practice, and I completely understand why businesses are confused. Rules seem to change every couple weeks. A lot of businesses don’t know their legal options because the rules are so arbitrary. It is illegal to go to the gym, yet the Toronto Maple Leafs can train, and Olympians can train. Why are the gyms not allowed to open? There seems to be a different set of rules, for different sets of people.”

When I heard about what he was doing, I arranged a meeting to learn a little more about our constitutional rights and freedoms, and to share with the community some of that information.

A big topic of public discussion is masks. “Ryan,” I began. “What should people and businesses know about masks, and the laws that govern wearing masks?”

“The first thing we must know is that municipalities have different masking by-laws. What I can tell you is that a business does not have the right to ask you why you are not able to wear a mask. They do not have the right to ask you personal health questions. If you have a medical issue, or a mental health issue, a business has no right to have you expose that in public.”

My next step was to research and learn the Human Rights Code Issue. This ensures and promotes the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.

When it comes to masks, the bylaw making the wearing of masks inside businesses mandatory in Toronto, Bill 511 (“Bill”), contains a number of circumstances in which an individual is exempt from the requirements to wear a mask:

  • Children under the age of two
  • Persons with an underlying medical condition which inhibits their ability to wear a mask or face covering
  • Persons who are unable to place or remove a mask or face covering without assistance
  • Employees and agents of the person responsible for the establishment within an area designated for them and not for public access, or within a physical barrier, and
  • Persons who are reasonably accommodated by not wearing a mask or face covering in accordance with the Ontario Human Rights Code.

Additionally, section 2(d) of the Bill states that proof of any exemptions are not required to be provided to the employer or establishment.

It is interesting to me that even though these laws are clearly stated, many of us are blindly disobeying them. Many employers don’t realize that given the nature of the exemptions related to underlying medical issues, refusing service to those who are unable to wear a mask could result in consequences with the Human Rights Tribunal of Ontario (HRTO) on the basis of disability. An employer could become liable for human rights damages should they demand evidence of any disability-related exemptions as a condition to permit entry.

YOU should not experience harassment or other discriminatory treatment based on a Code ground because you are unable to wear a mask, or choose to wear, or not wear, a mask, based on advice from public health officials. Everyone involved should be flexible and explore whether individual accommodation is possible. This includes providing alternative ways a person might safely continue to work, receive a service or live in congregate housing.

I was curious; what other constitutional rights have been obstructed or ignored during this pandemic. Ryan introduced to me Section 15 of the Canadian Charter of Rights and Freedoms, which states:

  1. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

What this means,” Ryan explained, “is that every individual in Canada, regardless of: race, religion, national or ethnic origin, colour, sex, age, physical or mental disability, is to be treated with the same respect, dignity and consideration. Governments are not to discriminate on any of these grounds in its laws or programs.” 

This made sense to me. It is why in the masking by-laws, there are exemptions given. Upon further research I learned that the government must not discriminate on any of these grounds in its laws or programs. The Supreme Court of Canada states that the purpose of section 15 is to protect groups of individuals who suffer: social, political, and legal disadvantage in society. Discrimination occurs when a person (in this case someone who cannot wear a mask) is denied opportunities (going into a store) available to other members of society.

Another infringement that occurs when asking someone why he or she can’t wear a mask is a person’s right to privacy.

In 1948, the General Assembly of the United Nations adopted and proclaimed this right to privacy in Article 12 of the Universal Declaration of Human Rights. Article 12 states; “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

Now, there are so many directions I can go with Article 12, but in this moment, we will remain focused on infringements to our current freedoms. Privacy is “the right to be let alone.” The Oxford dictionary defines privacy as a “State in which one is not observed or disturbed by other people.” Being asked in a public space (Superstore, Costco, Shoppers Drug Mart), why you are not able to wear a mask goes against your right to privacy.

“The issue,” Ryan continues to explain, “is the lack of public education. It is illegal for business owners to ask someone why he or she is not wearing a mask. People are not educated. They are conforming to rules that don’t exist.”

 It is good to know that there are some freedom fighters working on behalf of the people. Our job is to learn about our rights and freedoms, and to ensure that they are being upheld.

We, as humans are guaranteed certain things in life: stressors, taxes, bills and death are the first thoughts that pop to mind. It is not uncommon that many people find a hard time dealing with these daily life stressors, and at times will find themselves losing control over their lives. Simone Jennifer Smith’s great passion is using the gifts that have been given to her, to help educate her clients on how to live meaningful lives. The Hear to Help Team consists of powerfully motivated individuals, who like Simone, see that there is a need in this world; a need for real connection. As the founder and Director of Hear 2 Help, Simone leads a team that goes out into the community day to day, servicing families with their educational, legal and mental health needs.Her dedication shows in her Toronto Caribbean newspaper articles, and in her role as a host on the TCN TV Network.

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Forgetting isn’t just something to be annoyed about, it’s a smart way to survive

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Photo credit - Press Foto

BY KHADIJA KARIM

Have you ever forgotten someone’s name, or where you left your phone and thought, “Why can’t I remember anything?” Forgetting might feel frustrating, but it turns out that forgetting things can actually be good for you. Experts believe forgetting might be an important part of human survival and could even have benefits.

You probably think that remembering everything would be better, right? If you remembered every tiny detail, like what you had for breakfast three weeks ago, or the colour of every car you saw today, you would be overwhelmed. Our brains are constantly receiving information, and if we didn’t forget some of it, we wouldn’t be able to focus on what really matters at that time.

Forgetting helps you clear out information you don’t need, and it helps your brain remember the most useful memories. Think about how hard it would be to focus on important things if your mind was filled with random thoughts. Forgetting helps you stay focused and keeps your mind from getting lost.

So, why would evolution make us forget things? Early humans had to deal with dangerous environments that changed quickly. They needed to remember things that helped them survive, like where to find food, or how to avoid predators. They didn’t need to remember every small detail, like what happened last week. Forgetting information, they didn’t need allowed them to make quick decisions based on what was most important at that moment in time.

For example, if you remember a recent storm, you might make sure to stay inside or find shelter. If you remembered every storm you’d ever seen, it would be harder to make decisions about the present. Forgetting irrelevant details helps you stay on your feet and helps you react faster to new situations. This ability to forget likely helped early humans survive and make better decisions in their everyday lives.

Next time you forget something, don’t be too hard on yourself! Forgetting is a natural part of how our brains work and can actually help you stay focused on the important things. It might seem annoying at times, but it’s helping you make better decisions. Forgetting isn’t just something to be annoyed about, it’s a smart way to survive in a world that’s always changing!

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Blink equity dives deep into the gap between people of colour and decision-making roles in Canadian law firms

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Photo Credit: AI Image

BY ADRIAN REECE

Representation in the workforce has been a topic of conversation for years, particularly in positions of influence, where people can shift laws and create fair policies for all races. Representation in the legal system is an even more talked about subject, with many Black men being subjected to racism in courts and not being given fair sentencing by judges.

The fear of Black men entering the system is something that plagues mothers and fathers as they watch their children grow up.

Blink Equity, a company led by Pako Tshiamala, has created an audit called the Blink Score. This audit targets law firms and seeks to identify specific practices reflecting racial diversity among them in Toronto. A score is given based on a few key performance indicators. These KPIs include hiring practices, retention of diverse talent, and racial representation at every level.

The Blink Score project aims to analyze law firms in Ontario with more than 50 lawyers. The Blink Score is a measurement tool that holds law firms accountable for their representation. Firms will be ranked, and the information will be made public for anyone to access.

This process is ambitious and seeks to give Canadian citizens a glimpse into how many people are represented across the legal field. While more and more people have access to higher education, there is still a gap between obtaining that higher education and working in a setting where change can be made. The corporate world, at its highest points, is almost always one race across the board, and very rarely do people of colour get into their ranks. They are made out to be an example of how anyone from a particular race can achieve success. However, this is the exception, not the rule. Nepotism plays a role in societal success; connections are a factor, and loyalty to race, even if people are acquainted.

People of colour comprise 16% of the total lawyers across the province. Positions at all levels range from 6% to 27%. These numbers display the racial disparity among law practitioners in positions of influence. Becoming a lawyer is undoubtedly a huge accomplishment. Still, when entering the workforce with other seasoned professionals, your academic accolades become second to your professional achievements and your position in the company.

What do these rankings ultimately mean? A potential for DEI-inclusive practices, perhaps? That isn’t something that someone would want in this kind of profession. This kind of audit also opens law firms up to intense criticism from people who put merit above all other aspects of professional advancement. On the other hand, there is a potential for firms to receive clientele based on their blink score, with higher ones having the chance to bring in more race-based clients who can help that law firm grow.

It is only the beginning, and changes will undoubtedly be made in the legal field as Blink Equity continues to dive deep into the gap between people of colour and decision-making roles in these law firms. This audit has the power to shift the power scale, and place people of colour in higher positions. There are hierarchies in any profession, and while every Lawyer is qualified to do what they are trained to do, it is no shock that some are considerably better than others at their jobs. The ones who know how to use this audit to their advantage will rise above the others and create a representative image for themselves among their population.

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“The Pfizer Papers!” Documentation of worldwide genocide

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BY SIMONE J. SMITH

We are living in a world where promises of health and safety came packaged in a tiny vial, one injection was promoted by powerful governments, supported by respected institutions, and championed by legacy media worldwide. Sadly, beneath the surface, a darker truth emerged.

Reports from around the globe began to tell a different story—one that was not covered in the news cycles or press conferences. Families torn apart by unexpected losses, communities impacted in ways that few could have foreseen, and millions questioning what they had been told to believe.

Those who dared to question were silenced or dismissed (the Toronto Caribbean Newspaper being one of those sources). “Trust the science,” we were told. “It’s for the greater good.” As time went on, the truth became impossible to ignore.

Now, I bring more news to light—information that demands your attention and scrutiny. The time to passively listen has passed; this is the moment to understand what’s really at stake.

I reviewed an interview with Naomi Wolf, journalist and CEO of Daily Clout, which detailed the serious vaccine-related injuries that Pfizer and the FDA knew of by early 2021, but tried to hide from the public. I was introduced to “The Pfizer Papers: Pfizer’s Crimes Against Humanity.” What I learned is that Pfizer knew about the inadequacies of its COVID-19 vaccine trials and the vaccine’s many serious adverse effects, and so did the U.S. Food and Drug Administration (FDA). The FDA promoted the vaccines anyway — and later tried to hide the data from the public.

To produce “The Pfizer Papers,” Naomi, and Daily Clout Chief Operations Officer Amy Kelly convened thousands of volunteer scientists and doctors to analyze Pfizer data and supplementary data from other public reporting systems to capture the full scope of the vaccines’ effects. They obtained the data from the Public Health and Medical Professionals for Transparency, a group of more than 30 medical professionals and scientists who sued the FDA in 2021 and forced the agency to release the data, after the FDA refused to comply with a Freedom of Information Act request.

It was then that the federal court ordered the agency to release 450,000 internal documents pertaining to the licensing of the Pfizer-BioNTech COVID-19 vaccine. The data release was significantly and the documents so highly technical and scientific that according to Naomi, “No journalist could have the bandwidth to go through them all.”

The “Pfizer Papers” analysts found over 42,000 case reports detailing 158,893 adverse events reported to Pfizer in the first three months The centerpiece of “The Pfizer Papers” is the effect that the vaccine had on human reproduction. The papers reveal that Pfizer knew early on that the shots were causing menstrual issues. The company reported to the FDA that 72% of the recorded adverse events were in women. Of those, about 16% involved reproductive disorders and functions. In the clinical trials, thousands of women experienced: daily bleeding, hemorrhaging, and passing of tissue, and many other women reported that their menstrual cycle stopped completely.

Pfizer was aware that lipid nanoparticles from the shots accumulated in the ovaries and crossed the placental barrier, compromising the placenta and keeping nutrients from the baby in utero. According to the data, babies had to be delivered early, and women were hemorrhaging in childbirth.

Let us take us to another part of the world, where research has been done on other pharmaceutical companies. A group of Argentine scientists identified 55 chemical elements — not listed on package inserts — in the: Pfizer, Moderna, AstraZeneca, CanSino, Sinopharm and Sputnik V COVID-19 vaccines (according to a study published last week in the International Journal of Vaccine Theory, Practice, and Research).

The samples also contained 11 of the 15 rare earth elements (they are heavier, silvery metals often used in manufacturing). These chemical elements, which include lanthanum, cerium and gadolinium, are lesser known to the general public than heavy metals, but have been shown to be highly toxic. By the end of 2023, global researchers had identified 24 undeclared chemical elements in the COVID-19 vaccine formulas.

Vaccines often include excipients — additives used as preservatives, adjuvants, stabilizers, or for other purposes. According to the Centers for Disease Control and Prevention (CDC), substances used in the manufacture of a vaccine, but not listed in the contents of the final product should be listed somewhere in the package insert. Why is this important? Well, researchers argue it is because excipients can include allergens and other “hidden dangers” for vaccine recipients.

In one lot of the AstraZeneca vaccine, researchers identified 15 chemical elements, of which 14 were undeclared. In the other lot, they detected 21 elements of which 20 were undeclared. In the CanSino vial, they identified 22 elements, of which 20 were undeclared.

The three Pfizer vials contained 19, 16 and 21-23 undeclared elements respectively. The Moderna vials contained 21 and between 16-29 undeclared elements. The Sinopharm vials contained between 17-23 undeclared elements and the Sputnik V contained between 19-25 undetected elements.

“All of the heavy metals detected are linked to toxic effects on human health,” the researchers wrote. Although the metals occurred in different frequencies, many were present across multiple samples.

I am not going to go any further with this; I think you get the picture. We have been sold wolf cookies, very dangerous ones. These pharmaceutical companies must be held accountable. I am proud of anyone who has gone after them for retribution, and have received it. Regardless, in many ways, there is no repayment for a healthy life.

REFERENCES:

https://ijvtpr.com/index.php/IJVTPR/article/view/111

https://news.bloomberglaw.com/health-law-and-business/why-a-judge-ordered-fda-to-release-covid-19-vaccine-data-pronto

https://childrenshealthdefense.org/defender_category/toxic-exposures/

Pfizer’s ‘Crimes Against Humanity’ — and Legacy Media’s Failure to Report on Them

55 Undeclared Chemical Elements — Including Heavy Metals — Found in COVID Vaccines

 

Public Health and Medical Professionals for Transparency

FDA Should Need Only ‘12 Weeks’ to Release Pfizer Data, Not 75 Years, Plaintiff Calculates

Judge Gives FDA 8 Months, Not 75 Years, to Produce Pfizer Safety Data

Most Studies Show COVID Vaccine Affects Menstrual Cycles, BMJ Review Finds

Report 38: Women Have Two and a Half Times Higher Risk of Adverse Events Than Men. Risk to Female Reproductive Functions Is Higher Still.

 

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