Updated: Mar 15
Buford is my Olde English Bulldogge and he's got a very keen nose for Bullsh@t!!! Sooo this is his weekly rant on a matter he sniffed out as total bullsh@t!!!
The Kingston Lennox & Addington (KFL&A) Medical Officer Dr. Kieran Moore in Kingston, Ontario has issued a week long Class Order for Saint Patrick's Day celebrations. This Class Order effective from 12:01 a.m. on Saturday, March 13, 2021 to Sunday, March 21, 2021 at 11:59 p.m. is issued to all persons in or present in the City of Kingston, along with businesses that serve alcohol in the City of Kingston. Gatherings are restricted to 5 people and will be subjected to a $5,000 fine. These types of extreme measures haven't been seen in the Kingston area, even when Kingston was in a Orange Level Response with COVID-19 variants present in Ontario over the Holiday Season. Saint Patrick's Day is on a Wednesday, yet Kingston will is being placed under unnecessary enhanced measures for a week, rather than just for the day. The only reasoning given to the Public for this Class Order is due to increasing concerns of COVID-19 variants of concern (VOC's) and the risks of potential spread of COVID-19 related to St. Patrick’s Day celebrations. These same VOC's by KFL&A Heath Unit's own omission have been present in the Kingston region since January 25, 2021.
Since the "Ontario Stay At Home and make Cheesecake Order" expired over a month ago, the Kingston region has not been placed under any further restrictions and is in a Green Level Response. So therefore this Class Order is simply Dr. Kieran Moore and the KFL&A Health Unit drastically overstepping their self proclaimed authority over the Public. When this matter was brought to my attention by a member of the public, Buford and I instantly could smell Bullsh@t. So I did some digging and reached out to the KFL&A Health Unit to find out where they get their Authority from and why they are being so Heavy Handed at this stage of the game? Their answers of course are total bullsh@t, but that's not surprising by any means. However, their lack of information to support their self proclaimed authority, shows that they in actuality have zero authority over the Public. Follow my email conversation and commentary bellow for the whole story:
Good day Jen, As per our conversation on the phone today, I have attached the questions we have in regards to KFL&A's Public Health Medical Officer Dr. Kieran Moore issuing a Class Order which will be effective from 12:01 a.m. on Saturday, March 13, 2021 to Sunday, March 21, 2021 at 11:59 p.m. With the Class Order being issued to all persons in or present in the City of Kingston, along with businesses that serve alcohol in the City of Kingston. In accordance with this Order, no person shall: - Host or attend indoor or outdoor social gatherings with more than 5 persons. Also, all businesses that serve alcohol shall: - Be closed between 11 p.m. to 5 a.m, - Only sell and serve alcohol between 12:00 p.m. and 10:00 p.m. - No consumption of alcohol is permitted in the business between the hours of 11:00 p.m. and 12:00 p.m. - Require all patrons to be seated when served. Pick up and take out is exempt. - Require all patrons to seat only 5 persons to a table. - Collect contact information from persons seated. - Not allow dancing, singing and live performances of music. Volume of music must be low enough to allow for normal conversation. - Ensure line up management follows the capacity limits, 2 metres physical distancing, and masking regulations. Any failure to comply with this Class Order can result in fines of up to $5,000 for individuals, and $25,000 for corporations for every day or part of a day on which the offence occurs or continues. As seen in the link provided from KFL&A Public Health website: https://www.kflaph.ca/Modules/News/index.aspx?feedId=f2a4adbc-2838-4b5d-a47c-bd9c8ef4ee2e&newsId=4fb4a74b-de0b-408b-b15a-f4346ac5b8c4 With the only reasoning for these enhanced measures being quoted by Dr. Kieran Moore as being, “Given the increasing concerns of COVID-19 variants, and the risks of potential spread of COVID-19 related to St. Patrick’s Day celebrations, these measures are prudent and necessary to prevent illness and the spread of COVID-19,” These Covid-19 variants were present back on December 9, 2020 as quoted in the attached CP24 article, "COVID-19 variants now making up nearly a third of all new cases. More than 31 per cent of all positive cases in Ontario last week screened positive for a variant of concern." see attached link: https://www.google.com/amp/s/beta.cp24.com/news/2021/3/8/1_5338029.html So with all of this in mind, members of the public have addressed their concerns to our staff and we are seeking some clarity. As to why now is KFL&A Public Health taking such a heavy hand, besides the variant concerns, with increased measures and fines. These same Covid-19 variant concerns were present during the 2020 Holiday Season and Kingston was at an Orange Level Response during that time as well. However such extreme measures weren't taken by KFL&A Public Health. It should also be noted that according to reports found in Women's Health Magazine on Feb.10/21; article link attached here: https://www.google.com/amp/s/www.womenshealthmag.com/health/amp35393874/covid-19-variants-strains/ "There are 3 Covid-19 varrients of concern, the Brazilian, South African, and U.K. variants and that technically, there's no limit on how many variants a virus can have, and that includes SARS-CoV-2" Which according to a National Post article: https://www.google.com/amp/s/nationalpost.com/news/canada/the-state-of-covid-19-variants-in-canada-ontario-has-more-than-half-the-cases/wcm/5666ff21-7204-4b3f-afd2-7ccc3e75db73/amp/ The UK variant was first present in Toronto, Ontario, Canada back in December 2020. So we are requesting for your Department to please answer the following questions, concerns and information from the Public shared here:
1.) Over the 2020 Holiday Season Kingston, Ontario was in the Orange Level Response and now Kingston is in the Green Level Response, and we have been since February 10th. Also these same Covid-19 Variants of concern today, were present in Ontario during the 2020 Holiday Season. So why now is the Public seeing the heavy handed approach on Saint Patrick's Day, when we didn't seem to see this reaction during the 2020 Holiday Season?
KFL&A REPONSE: During the holiday Season the Provincial Government called for a Province wide Shutdown. This was not a local approach. For questions about the provincewide shutdown please contact the Province of Ontario. There are VOCs present in our region. The first VOC was discovered on Jan. 25/21 Because of the fast spread with VOCs KFL&A Public Health are taking precautions to protect the community. This includes the Class Order. The Provincial shutdown they refer to mandated the closure of non-essential (if you're not Liberal) retail, recreation facilities, dine-in service at restaurants, and other public events started at 12:01 a.m. on Saturday, Dec. 26, 2020. Further to this Ontarians were only asked to restrict indoor organized public events, except with members of the same household. Individuals who lived alone could consider having exclusive close contact with one other household. So nothing here in a provincial lockdown is mentioned of limiting indoor gatherings to five people and it doesn't even mention anything about restricting outdoor events. It most certainly doesn't threaten people with a $5,000 fine. As a person that lives alone, under Doug Ford's lockdown, I could go to one other household even if the number went over five. With the overstepping restrictions by KFL&A Dr. Kieran Moore, if I attend a family member's house and they are a family of six including four children, before I even arrive in their home technically they're over the restricted level of five. Do we see the problem here folks, with putting a further restricted number on a gathering, it will automatically put a lot of households over that number. They mention that on January 25, 2021 the first VOC (variant of concern) was discovered in the Kingston region and that Because of the fast spread with VOCs KFL&A Public Health are taking precautions to protect the community. So taking two months to envoke a Class Order is working fast? I don't know about you folks, but I smell bullsh@t here big time.
2.) Kingston being a university/college town and considering in the past that the city had to hire external police forces to assist with student parties, during Saint Patrick's Day and homecoming weekends. This would mean we simply don't have the Police resources to be handing out Covid-19 fines and still try to control unruly students during Saint Patrick's Day. So how is your Department possibly planing on realistically & fairly enforcing $5,000 fines, on all gatherings?
KFL&A RESPONSE: We are working with partners to enforce the class order. Our partners include Kingston Police Services, Municipal by-law enforcement and the OPP.
Let's be realistic here, By-Law won't be in the student ghettos handing out fines, not without a police riot squad protecting them. So where do you think the slime balls are going to target? Quiet residential areas, where it looks like there's more than five people in a house. That's why I asked how do they plan on Realistically & fairly enforcing these enhanced measures. 3.) How come your Department always warns the Public of the fines they could be subjected to. However, your Department has never explained to the public, that payment of such fines are all subjected to that person actually being convicted of the offense or pleading guilty of said offense? The reason we ask, is because to date nobody in Canada has been convicted of any Covid-19 related fines, issued under the Health Measures Act. In fact recently a lot of these fines that were issued over the 2020 Holiday Season, have all been dismissed and thrown out. The only fines that have been paid in Canada, are fines that people have just willingly paid and not contested the fines.
KFL&A RESPONSE: Our approach is to first educate the public before enforcement takes place. The class order is posted on our website and it includes (on the second page) that individuals are entitled to a hearing before the Health Services Appeal and Review Board. https://www.kflaph.ca/en/healthy-living/resources/Infection-Prevention-and-Control/Coronavirus/2021-03-01-S22-order-Mar-13-to-Mar-21-KFLA-Region.pdf
So apparently their First approach is the educate the public before enforcement takes place. However, let's not educate the public on the fine itself and how it works. Let's just educate the public with fear of a $5,000 fine, if they don't obey. Notice how they can't contest the findings I shared with them, as to not a single person having been actually convicted for one of these bogus Covid fines. Also the fact that alot of the Covid Fines issued over the Holiday Season, have all been thrown out and dismissed.
Now the "Hearing" they refer to can be seen in this screen shot of the Order, from the link they provided. The "Hearing" they refer to, sounds more like it's for people to contest the order, not a hearing to contest the $5,000 fine. It is written in the order however, that "upon conviction" a person may be liable for a $5,000 fine.
So that brings me back to my original question, why not include this part in your threatening, I'm sorry I mean educational, statements to the public when addressing possible penalties for not complying with your decision? I say decision, because Public Health has zero legal authority to give the Public direction that the Public is legally bound to comply with. If the Public is complying they are doing so by choice or in most causes out of fear of a large fine, which Public Health won't openly and fully educate the Public about. Why wouldn't Public Health just include the full details of "if you're convicted", in their remarks to the Public? Well that's easy, because then the fear leverage that Public Health relies on for Public compliance, would fail to exist.
4.) Under the Criminal Code of Canada, where does your Department get the authority to enforce detention of people in their homes and limit their social behavior? We're asking this, because as to date we have never seen an actual Law in our Criminal Code that gives anyone this high level of authority over the public. For example Sec 494 of the Criminal Code of Canada, is where a Peace Officer gets their authority to arrest and detain a person. However, even that authority is only for Indictable Offenses and not Summary Offenses. The only thing we know that is being used for Covid-19 enforcement, are Guidelines and Regulations. Which anybody who has studied law understands that Guidelines and Regulations are not Constitutional Law's. They can be mandated, however the wording in these Guidelines and Regulations use words such as "Shall" and "May", leaving a person the option to comply. Where as an actual Law, use words such as "Must" or "Will Not", making it very clear to a person that there is no other option but to comply. 5.) With these guidelines carrying a maximum penalty of fines, if they were law, then that would only constitute them as a Summary Conviction. Which there is no authority to detain a person for a Summary Offense or to place a person in jail for a Summary Conviction. So how then does your Department have the authority, besides Guidelines & Regulations, to enforce such things onto the law abiding tax paying public? When Guidelines & Regulations are not Constitutional Law's?
KFL&A RESPONSE TO 4 & 5:
Local medical officers of health (MOH) have the authority to enforce quarantine, business closures, and a range of other actions at a local level as well as helping to execute and enforce the measures set out by the Chief MOH. For further questions about their authority please contact Public Health Ontario. hhttpsttps://www.publichealthontario.ca/en/about/blog/2020/ontario-public-health-system
Firstly Look at exactly what I asked them, where in the Criminal Code of Canada do they get Authority from? They claim that Officers of Health have Authority to enforce quarantine, business closures, and a range of other actions at a local level as well as helping to execute and enforce the measures set out by the Chief MOH. However, they totally fail to show where they are granted this Authority under any Law of this country. Ask any Police Officer, Judge, Crown Attorney or Lawyer where the get their Legal Authorities from and they will point you to the exact sections of the Criminal Code of Canada that pertains to them. The Health Unit answers with a link to Public Health Ontario, rather than showing me the sections of the Criminal Code of Canada that applies to their authority. So the answer is, they have zero authority under our Legal System to be enforcing Acts, Guidelines, regulations & policies, because none of these are actual Laws in our country. Notice how when I stated this to the KFL&A Health Unit, they didn't deny the factuality of my statement. Do we see the difference here folks, between an idea or suggestion and an actual Law? So what does this link they provided say, "Public health interventions protect people from infectious diseases and environmental threats to their health, Public health also impacts populations by promoting social conditions that improve health and supporting the development of healthier built environments (e.g., bike-friendly, walkable)." Social conditions that improve health and development of healthier built environments and then they give an example of bike-friendly. Nothing about enforcing their social distancing guildline's however. "Ontario’s Ministry of Health (the Ministry) sets the strategic directions and priorities for Ontario’s health system, including both health care and public health. To help achieve those directions and priorities, it develops and enforces legislation, regulations, standards, policies and directives."
So even the Ministry of health has no authority to enforce laws. The develop and enforce their own legislation, regulations, standards, policies and directives. None of which are actual Laws in this country. Don't be fooled by the word legislation either, because this word means the making of a new law. "Legislation, also known as the acts, are forms of law that can provide the authority to make regulations. ... For a bill to become law, it must be approved by both the House of Commons and the Senate, and by the Governor General of Canada (the Crown)." How a bill or act becomes law is shown at this link: https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.ola.org/sites/default/files/common/how-bills-become-law-en.pdf&ved=2ahUKEwjF4Oba8KnvAhUGLs0KHfdaBXAQFjAEegQIHRAG&usg=AOvVaw1zz7MmTjgBH4K72tdCaAY0 The Ontario Reopening "Act" has never gone through the legislative process to become an actual Law. This is why in their response to my questions of Guildline's and Regulations not actually being Laws, they never denied this fact. Therefore the Ministry of Health has no Authority under the Law, hence why KFL&A Health Unit can not point to the section of the Criminal Code of Canada that pertains to their Authority. "The Chief Medical Officer of Health (CMOH) reports directly to the Deputy Minister of Health. The Office of the CMOH works to ensure that appropriate actions are taken to respond to urgent and emergency situations. It advises other parts of government on the potential health impacts of government initiatives and they provide training and other supports to advance Ontario’s public health system. When needed, the Chief Medical Officer of Health has the authority to direct local jurisdictions in Ontario to implement public health actions in response to a public health risk or emergency." The Chief Medical Officer of Health ensures appropriate actions are taken during an emergency. Appropriate according to who though? Their role is to advise the Government on the potential health impacts of government initiatives. So they are advising the Government as to what legislation is needed and they also work under our Government. "When needed, the CMOH has the authority to direct local jurisdictions in Ontario to implement public health actions in response to a public health risk or emergency." So they have authority to direct local jurisdictions, that means local areas can say no thank you to that direction. Still nothing showing where this magical "authority" materializes from, because we can clearly see it's not coming anywhere from our legal system. So the CMOH also has zero authority over the Public, under the Criminal Code of Canada as well.
6.) These matters are of a great concern to the public, as generally the public wants to comply with safety measures & actual Laws. They however, do also want, and frankly deserve, clarification when Health Officials; who are paid by the Taxpayer's, decide such extreme measures to be enforced on to the public. The confusion lays in the vast differences of your Departments reaction during the 2020 Holiday season, while Kingston was at an Orange Level Response. That reaction then, not being as extreme as you are now reacting during a current Green Level Response. All considering that the only reasoning given are "Covid-19 Variants concerns", which these same variant concerns existed back during the 2020 Holiday Season, as shown to you in this email. We at FreedomReport.CA, as well as the concerned Taxpayers, look forward to your response of the information requested. A reply to this matter can be sent to my email here and I can be reached at the number below, if you wish to partake in a phone interview. Thank you for your time and service, Ron Scott Journalist with FreedomReport.CA
Well the Ministry Of Health and the Chief Medical Officer of Health have zero actual legal authority over the Public, besides the Wizard Of Oz granted authority they like to boast about. Insert, "Pay No Attention To The Man Behind The Curtain!!!!" scene. So then why is the Public so scared of a bogus fine, regardless of how large it is? The answer is human conditioning, we've been conditioned to listen to Government and we've allowed ourselves to become complacent with the Government as well. You are all Taxpaying Voters, you voted these people into a Government position and your taxes pay them to govern our society, not to dictate or society. The difference between Govern and Dictate are as follows: Govern means to, "conduct the policy, actions, and affairs of a people." Dictate means to, "lay down authoritatively; prescribe an order or principle that must be obeyed." It's time for the people in this country to conduct a massive job performance review of all Government and their agencies, who claim to have Authority over the Taxpaying Voters in this country. Open that curtain folks, you'll find it leads to Doug Ford's basement cheesecake factory. Stop allowing yourselves to be complacent with a Dictatorship and start demanding a proper Government that works for the people, after all we pay them, not the other way around.
When I shared all of this with Buford, he gave me the look that he's giving all you in the picture for this weekly rant.
This is the look he gives when he smells Bullsh@t. So my friends Buford calls "St. Pat's Day Restrictions" total Bullsh@t!!!