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Justice Centre for Constitutional Freedoms

May 15, 2023

The Justice Centre for Constitutional Freedoms (JCCF) is a Canadian legal advocacy organization specializing in a social conservative approach to the Canadian Charter of Rights and Freedoms.[2] The libertarian organisation has partnered with several right-wing backers in the United States[3][4][5][6] and pursues legal cases of a social conservative nature.

Justice Centre for Constitutional Freedoms
AbbreviationJCCF
Formation2010
FounderJohn Carpay
Registration no.817174865-RR0001[1]
Legal statusCharitable organization[1]
PurposeLegal advocacy
HeadquartersCalgary, Alberta, Canada
President
John Carpay
Websitejccf.ca

The centre has been involved in cases including Allen v Alberta, Wilson v University of Calgary, Yaniv v. Various Waxing Salons, and the revocation of vanity licence plates. They have also intervened on behalf of Trinity Western University in their fight to retain anti-homosexual college rules, and the Alberta far-right news outlet Rebel News. In 2021, their founder John Carpay took a seven week leave of absence after hiring a private investigator to surveil Manitoba Chief Justice Glenn Joyal, who was presiding over a case the centre had brought.[7][8]

JCCF was one of the lead backers of the Freedom Convoy in early 2022, providing its legal support.[9][10]

Organization

Based in Calgary, Alberta,[2] the libertarian legal[11] organization was founded in 2010 by John Carpay,[12] a former Alberta provincial director of the Canadian Taxpayers Federation[13] and a former candidate of the federal Reform Party and provincial Wildrose Party[14][15] who later joined the United Conservative Party.[16]

After getting a boost in funding from its opposition to COVID-19 pandemic public health measures, the organisation saw a revenue slow down towards the end of 2022, causing it to reduce staff numbers.[11]

The organisation received approximately $6.5 million of funding in 2021.[11]

In response to internal concerns that the organization was not in compliance with provincial law society rules, at the end of December 2022, the organization was planning to launch a separate legal entity to perform its legal activities.[11] The organization was seeking to hire low profile litigators and to operate in a low profile manner to ensure that financial donations continued to flow toward the JCCF.[11]

Major court cases

The Justice Centre has argued cases in every province in Canada except Quebec, before the Court of Queen's Bench of Alberta, Court of Queen's Bench of Manitoba, and Ontario Superior Court of Justice.[17]

Allen v Alberta

Allen v Alberta was a legal challenge to the Government of Alberta's monopoly on health insurance within the province (as it applies to seeking out-of-province treatment) by Darcy Allen, who had elected to pay $77,000 to undergo surgery for his chronic back pain in Montana rather than wait for treatment in Alberta.[18] The case closely mirrored the 2005 case of Chaoulli v Quebec (AG) where the Supreme Court of Canada ruled that a government monopoly on health insurance, when combined with extremely long wait lists before care could be provided, was a violation of the individual's right to life, liberty, and security of the person, all of which are guaranteed under section 7 of the Canadian Charter of Rights and Freedoms.

The Court of Queen's Bench ruled against Allen on 31 March 2014.[18][19]

Wilson v University of Calgary

A campus anti-abortion club caused controversy at the University of Calgary when they erected a graphic display as part of a "Genocide Awareness Project," which illustrated results of an abortion along with historical atrocities such as the Holocaust and the Rwandan genocide. This case was the ninth time in which the group had put on the display. University security staff requested that the students turn the graphic portions of their display inward, away from passers-by. When the eight students running the display refused to comply, the university initiated non-academic misconduct proceedings against them. The school's Vice-Provost ruled that the actions constituted misconduct and penalized the students with a formal written warning.[20]

This penalty was appealed to the University of Calgary's Board of Governors, which refused to hear the appeal and upheld the penalty. The students then requested that the Court of Queen's Bench order the Board of Governors to allow an appeal.[21] The court ruled in April 2014 that the Board of Governors' decision not to hear the appeal of the students "[lacked] justification, transparency and intelligibility" and ordered the board to hear the students' appeal.[22]

2019 licence plate challenges

In 2019, the Justice Centre represented three individuals in cases related to licence plates that were revoked due to complaints — two in Manitoba, one in Nova Scotia. John Carpay stated that without such action, "we move closer to a society where people have a legal right not to feel offended which means that there's less freedom of expression."[23] The Canadian Civil Liberties Association expressed support for the plaintiffs in these cases.[24]

The Manitoba plates were "ASIMIL8", issued to a Star Trek fan, and "NDN CAR", issued to a First Nations man in reference to the song NDN Kar by Keith Secola. In October 2019, the Court of Queen's Bench of Manitoba upheld the decision of Manitoba Public Insurance to take back the "ASIMIL8" because of the association of that word with the forced assimilation of Indigenous people. An agreement was reached between the owner and Manitoba Public Insurance to return the "NDN CAR" plate to its owner.[25]

The Nova Scotia plate was "GRABHER", which caused controversy as the surname of the car's driver, Lorne Grabher, is similar to the phrase "grab her".[26] A decision of the Nova Scotia Supreme Court upheld the province's decision to revoke the plate.[27]

Yaniv v. Various Waxing Salons

Main article: British Columbia Human Rights Tribunal § Yaniv v. Various Waxing Salons

In 2019, the Justice Centre represented five estheticians in Yaniv v. Various Waxing Salons before the British Columbia Human Rights Tribunal. The complainant, Jessica Yaniv, a trans woman, filed discrimination complaints against 13 waxing salons alleging that they refused to provide Brazilian waxes to her because she is transgender.[28][29] In response to the complaints, several of the estheticians said that they lacked the required training to wax male genitalia, or that they were not comfortable doing so for religious or personal reasons.[30] The Tribunal ruled against Yaniv and ordered her to pay $6,000 in restitution split equally among three of the service providers. The ruling was critical of Yaniv, stating that she "targeted small businesses, manufactured the conditions for a human rights complaint, and then leveraged that complaint to pursue a financial settlement from parties who were unsophisticated and unlikely to mount a proper defence", and admonished her for using human rights law as a "weapon" to "penalize" marginalized women with a racial animus and for filing in such a volume for financial gain.[31][32] On January 7, 2020, the Justice Centre announced it was representing another salon in an additional complaint filed by Yaniv in early October 2019.[33] In September 2020 it was announced that Yaniv had withdrawn her complaints against these salons.[1]

Trinity Western University

See also: Trinity Western University § Faculty of Law accreditation lawsuits

In 2012 the private evangelical school Trinity Western University (TWU) completed a proposal to establish its own law school. Several groups objected to the establishment of this law school because of TWU's Community Covenant Agreement, a code of conduct, which is mandatory for all students to agree to. Unlike codes of conduct at many universities throughout Canada, however, TWU's Community Covenant Agreement requires explicit acceptance of an evangelical ethical framework including bans on gossip, vulgar language, pornography, and sexual conduct "that violates the sacredness of marriage between a man and a woman".[34]

As a result of opposition to the Community Covenant Agreement the memberships of the Law Society of Upper Canada (now the Law Society of Ontario), the Law Society of British Columbia,[35] and the Nova Scotia Barristers' Society voted to not accredit the law school.

Both the Ontario and BC rulings were appealed to the Supreme Court of Canada, with the Justice Centre intervening in both cases.[36] On 15 June 2018 the Supreme Court ruled in favour of the law societies in 7–2 decisions for both Trinity Western University v Law Society of Upper Canada and Law Society of British Columbia v Trinity Western University.[37] The majority decisions said that TWU's Community Covenant would deter LGBT students from attending the proposed law school and that equal access to legal education, diversity in the legal profession and preventing harm to LGBT students were in the public interest.[38]

Candice Servatius Charter Rights case

JCCF represented Candice Servatius, the mother of a primary school student in Port Alberni, British Columbia on Vancouver Island's west coast on the traditional territory of the Nuu-chah-nulth people in Servatius v. Alberni School District No. 70. In the lawsuit, which was launched in 2016, the plaintiff—an evangelical Protestant—[39] claimed that a smudging ceremony performed by a Nuu-chah-nulth elder and a hoop dancer performance at the school violated the Charter rights of her children.[40] Over 30% of students in School District No. 70 are indigenous. In his 2020 decision, BC Supreme Court Justice Douglas Thompson ruled that there was no Charter violation as both performances were educational, not religious.[41] However, he also ordered that both the School District and the appellant should pay their own costs, as the case was of "general public interest".[40] Justice Thompson said that because the plaintiff had limited means, her costs were waived.[40] He added that schools had to ensure that parents knew participation at these events were optional. Both the appellant and the School District appealed the Supreme Court decision—the latter on the issue of costs. Jay Cameron, representing the mother, said that the decision was a disappointment for "citizens from any religion or cultural background, each of whom has a constitutional right to be free from state-compelled spirituality".[41]

In December 12, 2022, a panel of judges of the Court of Appeal for British Columbia agreed with Justice Thompson that there were no infringements on Charter rights.[40] Justice Susan Griffin, writing on behalf of the appeal court panel judges, said that the province of British Columbia had adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2019, which included the incorporation of "Indigenous culture and perspectives into the public school curriculum."[40] The appeal court had learned that JCCF—described as a "special interest group" and "Christian activist organization"—had "secretly" funded her case.[40][39] The lack of transparency had influenced the 2020 Supreme Court decision to waive the appellants costs.[39] The appeals court ruled that she was responsible for the costs for both the supreme court and appeal court hearings for the School District and her own legal costs associated with "wasting judicial resources on minor complaints that would not usually justify a lawsuit".[39] JCCF said they would not pay the court costs for the mother, but they would organize a fund raiser to assist her.[40]

Activities

Campus Freedom Index

The JCCF created the Campus Freedom Index and each year, the Centre rates about 52 Canadian universities using letter grades on their "policies and actions to protect freedom of speech".[42] In 2014, the JCCF's 2014 gave the F rating to 13 Canadian universities and unions, according to The Chronicle Herald.[42] Of the 13, three had "actively censored controversial or unpopular speech on campus,", according to JCCF—ten were cited for "not indicating they would deviate from past practice".[42]

According to a November 5, 2012, National Post opinion piece by Carpay and Michael Kennedy, Canadian universities and students' unions get a failing grade in the JCCF's Campus Freedom Index on adherence to principles of freedom of speech.[43]

Officials at Ryerson University received a low score in JCCF's 2012 Campus Freedom Index. In response the university said that the Index does not take into account legal anti-hate speech provisions under federal and provincial laws.[44]

In a 2014 response to the annual Index, the Cape Breton University Students' Union president, Brandon Ellis, said that they no longer return the JCCF calls. Ellis said that the formulaire that JCCF's sends to universities and unions every year are "very politically motivated". The Students' Union had filled them in in previous years". In 2014, Ellis said, "I just didn't want our students union to have any part of it."[42]

In 2014, Dalhousie University—which is considered to be the 15th highest rating research universities in Canada—[45] received an F rating on Campus Freedom Index, instead of a previous D rating, "because of its support for a group's move to have the university divest itself of investment in fossil fuels."[42]

Cape Breton University's (CBU) 2014 F rating on the Index, protested the 2006 CAN$2,100 fine imposed by CBU on David George Mullan—an ordained Baptist minister, who taught History and Religious Studies at CBU from 1989 to 2016, for discriminating against the GLBTQ community as defined under CBU's Discrimination and Harassment Policy for discriminating against the GLBTQ community, which is also covered in Section 5 of the Nova Scotia Human Rights Act and adopted by CBU. On February 15, 2006, Mullan had posted on his UCB academic the contents of the email of a student—who was then a coordinator of the CBU's diversity centre—changing the spelling from to the "Perversity" Centre. The website post included the diversity coordinator's personal contact information and place of work. Mullen also published a photo of himself holding an automatic weapon with the inscription, Nemo me impune lacessit—"No one provokes me with impunity.[46][42] In 2004, Mullan had posted a series of letters that he had written to the Bishop of the Anglican Church of Canada, criticizing the changing stance on homosexuality in the Anglican church. The Anglican church had been split apart, following the 2003 appointment of the first openly gay American Anglican bishop, Gene Robinson.[47][48][49] Mullan was involved in another 2006 incident when a CBU communications professor, Celeste Sulliman, sought a peace bond against him—he had published her name and her department on a list he posted on his "Bear Blog", on a "death watch" list, according to a CBC News report.[50] Sulliman's students had disrupting CBU classes on International Women's Day, in March 2006.[50] The CBU's 2014 low Campus Freedom Index cited this 2006 fine as the reason for the F rating.

Writer Lindsay Shepherd, former Teaching Assistant at Wilfrid Laurier University joined the Justice Centre in 2019 to promote free speech on campuses.[51]

Challenge to constitutionality of COVID-19 public health restrictions

Carpay filed a lawsuit in May 2020, challenging the constitutionality of Bill 2 introduced during the premiership of Jason Kenney, which was put in place to respond to the COVID-19 pandemic in Alberta.[52] Carpay has been a member of Alberta's governing United Conservative Party (UCP), and a supporter of Premier Kenney.

In December 2020, John Carpay and JCCF lawyer James Kitchen launched a lawsuit against the government of the province of Alberta alleging that the November 24, 2020 public health restrictions "interfere with Albertans' charter rights".[53] Kitchen is representing James Coates, the pastor of the GraceLife Church near Edmonton, Alberta. Since his arrest on February 17, 2021, by the RCMP, Coates has remained in prison for refusing to comply with Alberta Health Services Public Health Act legislation introduced in 2020 in response to COVID-19. Coates refused to cap attendance capacity at 15% and did not comply with requirements for masking and physical distancing of congregants in his GraceLife Church.[54][55] COVID-19 deniers have protested in support of Coates.[56][54][55]

During the COVID-19 pandemic, the JCCF was able to expand its assets from $133,271 to about $1.7 million in 2020, through fundraising off the anti-public health lawsuits it pursued.[57]

In January 2022, the JCCF represented students in a lawsuit against Seneca College's vaccine mandate instituted in 2021. After losing the case, the JCCF was ordered to pay slightly over $150,000 in legal costs to the college because of its substantial assets and their client's inability to pay legal costs.[57]

Surveillance of members of the judiciary

In July 2021, the JCCF founder John Carpay retained a private investigator to follow Manitoba Chief Justice Glenn Joyal in an effort to catch him breaking COVID-19 rules. The JCCF sought to humiliate him while he presided over a JCCF constitutional challenge of The Public Health Act (Manitoba). Justice Joyal had been followed by a vehicle on July 8 after leaving a court building, and noted that the private investigator followed him to his private residence and had a teenage boy ring his doorbell to seek to confirm that he lived there.[58] The Winnipeg Police Service and the Government of Manitoba's internal security and intelligence unit investigated the incident,[59] and according to the National Post Justice Joyal stated that the investigator was hired, "for the clear purpose of gathering what was hoped would be potentially embarrassing information in relation to my compliance with COVID public health restrictions ... I am deeply concerned and troubled".[60] Soon afterwards Carpay was subject to misconduct complaints to various bar associations,[7] and was "indefinitely suspected" before returning to work seven weeks later.[61] The CBC next reported that the JCCF board said, "that an interim president would be appointed, and that there would be a review of operations and decision-making at the organization."[62]

Carpay was arrested for his role in the surveillance of the chief justice on December 30, 2022 and released the subsequent day.[61] Carpay has been charged with "intimidation of a justice system participant and attempting to obstruct justice."[63] A second JCCF employee was arrested on January 11, 2023 and then charged with both attempt to obstruct justice and intimidation of a justice system participant.[64]

References

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  2. ^ a b "Home Page". Calgary, Alberta: Justice Centre for Constitutional Freedoms. Retrieved 14 November 2014.
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  5. ^ Appel, Jeremy (17 November 2018). "Kenney Must Take Right-Wing Extremism More Seriously". Medicine Hat News. Medicine Hat, Alberta: Continental Newspapers. Retrieved 20 November 2018.
  6. ^ Climenhaga, David (5 July 2018). "What Does the Canadian Taxpayers Federation Get from Its Right-Wing US Partner?". The Tyee. Vancouver. Retrieved 20 November 2018.
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  8. ^ Hunter, Justine (2 January 2023). "Lawyer who hired PI to spy on Manitoba judge shocked to be arrested". The Globe and Mail. Retrieved 8 January 2023.
  9. ^ "Justice Centre representing 2022 Truckers' Freedom Convoy". Justice Centre for Constitutional Freedoms. 3 February 2022. Retrieved 8 February 2022.
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  12. ^ Simpson, Kaitlyn (13 February 2017). "Inside the Justice Centre for Constitutional Freedoms". The Varsity. Toronto. Retrieved 20 November 2018.
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  16. ^ Rieger, Sarah (11 November 2018). "Calgary Lawyer Challenging Gay–Straight Alliance Bill Compares Pride Flags to Swastikas". CBC News. Retrieved 20 November 2018.
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  23. ^ Martens, Kathleen (10 April 2019). "Constitutional challenge may help NDN CAR ride again". APTN News. Retrieved 13 July 2019.
  24. ^ Gollop, Justin (3 May 2019). "Bonfire of the vanity plates". The Coast. Retrieved 13 July 2019.
  25. ^ Malone, Kelly (24 October 2019). "Manitoba man loses court fight to get back banned ASIMIL8 licence plate". National Post. Retrieved 26 July 2020.
  26. ^ Geary, Aldan (8 April 2019). "'Knee-jerk reaction to' ASIMIL8 licence plate contravenes right to freedom of expression, lawyer argues". CBC. Retrieved 13 July 2019.
  27. ^ Julian, Jack (31 January 2020). "Nova Scotia man loses legal bid to reclaim GRABHER personalized licence plate". CBC. Retrieved 26 July 2020.
  28. ^ Greenfield, Beth (24 July 2019). "Trans woman who was refused waxing services kicks off identity wars online". Yahoo! News. Retrieved 5 August 2019.
  29. ^ Little, Simon (29 July 2019). "B.C. Human Rights Tribunal to take up to 3 months to decide transgender waxing case". Global News. Retrieved 3 August 2019.
  30. ^ Uguene-Csenge, Eva (26 July 2019). "Transgender woman testifies at human rights tribunal after being refused Brazilian wax". The Canadian Broadcasting Corporation. Retrieved 3 August 2019.
  31. ^ Brean, Joseph (22 October 2019). "Trans activist Jessica Yaniv filed genital wax complaints as means of 'extortion,' rights tribunal rules". The National Post. Retrieved 22 October 2019.
  32. ^ Forgie, Adam (22 October 2019). "Court rules in favor of women who refused to wax male genitalia of trans woman". KUTV (CBS). Retrieved 22 October 2019.
  33. ^ "Rights centre says trans activist Jessica Yaniv has filed new complaint against B.C. salon over waxing refusal". National Post. 7 January 2020. Retrieved 5 March 2021.
  34. ^ (PDF). Student Handbook. Trinity Western University. Archived from the original (PDF) on 22 April 2014. Retrieved 18 February 2015.
  35. ^ Cohen, Gail; Taddese, Yamri (31 October 2014). . Legal Feeds. Toronto: Thomson Reuters Canada. Archived from the original on 3 March 2016. Retrieved 26 June 2015.
  36. ^ Kulig, Paula (9 August 2017). "Chief Justice's Rare Order in Trinity Western Case Ensures 'All Voices Could Be Heard'". The Lawyer's Daily. Toronto: LexisNexis Canada. Retrieved 20 November 2018.
  37. ^ Fine, Sean (15 June 2018). "Supreme Court Upholds Provincial Law Societies' Right to Reject Graduates from Proposed Christian Law School". The Globe and Mail. Toronto. Retrieved 15 June 2018.
  38. ^ Harris, Kathleen (15 June 2018). "Trinity Western Loses Fight for Christian Law School". CBC News. Retrieved 15 June 2018.
  39. ^ a b c d Cecco, Leyland (13 December 2022). "Canada court rejects mother's lawsuit to ban Indigenous ceremony at children's school". The Guardian. ISSN 0261-3077. Retrieved 13 December 2022.
  40. ^ a b c d e f g Olijnyk, Zena (13 December 2022). "Mother who sued Port Alberni school board over First Nations smudging ceremony ordered to pay costs". Canadian Lawyer Magazine. Retrieved 17 December 2022.
  41. ^ a b Lirette, Dominika (1 January 2020). "B.C. mom loses court case arguing Indigenous ceremony at kids' school infringed on religious freedom". CBC News. Retrieved 17 December 2022.
  42. ^ a b c d e f Ayers, Tom (3 October 2014). . The Chronicle Herald. Sydney, Nova Scotia. Archived from the original on 4 November 2014. Retrieved 16 November 2014.
  43. ^ "Universities get failing grades on campus freedom". National Post. Retrieved 5 March 2021.
  44. ^ Del Giallo, Sarah (7 November 2012). "Ryerson's Support for Free Speech Criticized". The Ryersonian. Toronto. Archived from the original on 16 November 2014. Retrieved 16 November 2014.
  45. ^ "Canada's Top 50 Research Universities 2018". Research Info source. 2018. Retrieved 10 March 2019.
  46. ^ (PDF). 17 February 2006. Archived from the original (PDF) on 5 March 2021. Retrieved 5 March 2021.
  47. ^ "Gene Robinson: 'It is a sin to treat me this way'". The Telegraph. 29 April 2008. Retrieved 5 March 2021.
  48. ^ "US Church 'unfairly criticised'". BBC. 1 January 2008.
  49. ^ "US Church 'unfairly criticised'". BBC. 1 January 2008..
  50. ^ a b "CBU professor fears 'death watch' list". CBC. 1 June 2006. Retrieved 5 March 2021.
  51. ^ Leavitt, Kieran (7 February 2019). "Lindsay Shepherd joins controversial Calgary group to promote free speech on campuses". The Star. Retrieved 29 April 2019.
  52. ^ Johnson, Lisa (2 May 2020). "Lawsuit challenges constitutionality of Alberta UCP's Bill 10". Edmonton Journal. Retrieved 21 February 2021.
  53. ^ Griwkowsky, Catherine (7 December 2020). "Justice centre launches legal challenge against Covid restrictions". Politics Today. Retrieved 21 February 2021.
  54. ^ a b "GraceLife pastor held in custody for refusing to comply with bail conditions". Edmonton, Alberta. 17 February 2021. Retrieved 21 February 2021.
  55. ^ a b "Anti-lockdown rally at Alberta legislature voices support for jailed pastor". The Star. Edmonton, Alberta. 21 February 2021. Retrieved 21 February 2021.
  56. ^ "Hatred, COVID-19 skepticism denounced after anti-lockdown rally at Alberta legislature". CTV Edmonton. 21 February 2021. Retrieved 21 February 2021.
  57. ^ a b Dawson, Tyler (25 November 2022). "Legal group ordered to pay $150,000 after failed case against Seneca College vaccine mandates". National Post. Retrieved 29 November 2022.
  58. ^ Petz, Sarah (12 July 2021). "Manitoba chief justice says private investigator followed him in attempt to catch him breaking COVID-19 rules". CBC News. Retrieved 8 July 2021.
  59. ^ Rosen, Kayla (12 July 2021). "Manitoba chief justice says private investigator hired in attempt to catch him breaking COVID-19 protocols". CTV News. Retrieved 12 July 2021.
  60. ^ "Head of group behind COVID court challenges admits to hiring private investigator to follow judge | National Post".
  61. ^ a b Hunter, Justine (2 January 2023). "Lawyer who hired PI to spy on Manitoba judge shocked to be arrested". The Globe and Mail. Retrieved 3 January 2023.
  62. ^ "Head of group representing churches in COVID-19 challenge takes leave after having Manitoba judge followed | CBC News".
  63. ^ Climenhaga, David (4 January 2023). "The 'Freedoms' Lawyer Charged with Obstruction of Justice". The Tyee. Retrieved 6 January 2023.
  64. ^ Grant, Meghan (12 January 2023). "2nd Calgary lawyer charged in Manitoba judge surveillance case". CBC.

External links

  • Official website  

May 15, 2023
justice, centre, constitutional, freedoms, jccf, canadian, legal, advocacy, organization, specializing, social, conservative, approach, canadian, charter, rights, freedoms, libertarian, organisation, partnered, with, several, right, wing, backers, united, stat. The Justice Centre for Constitutional Freedoms JCCF is a Canadian legal advocacy organization specializing in a social conservative approach to the Canadian Charter of Rights and Freedoms 2 The libertarian organisation has partnered with several right wing backers in the United States 3 4 5 6 and pursues legal cases of a social conservative nature Justice Centre for Constitutional FreedomsAbbreviationJCCFFormation2010FounderJohn CarpayRegistration no 817174865 RR0001 1 Legal statusCharitable organization 1 PurposeLegal advocacyHeadquartersCalgary Alberta CanadaPresidentJohn CarpayWebsitejccf wbr caThe centre has been involved in cases including Allen v Alberta Wilson v University of Calgary Yaniv v Various Waxing Salons and the revocation of vanity licence plates They have also intervened on behalf of Trinity Western University in their fight to retain anti homosexual college rules and the Alberta far right news outlet Rebel News In 2021 their founder John Carpay took a seven week leave of absence after hiring a private investigator to surveil Manitoba Chief Justice Glenn Joyal who was presiding over a case the centre had brought 7 8 JCCF was one of the lead backers of the Freedom Convoy in early 2022 providing its legal support 9 10 Contents 1 Organization 2 Major court cases 2 1 Allen v Alberta 2 2 Wilson v University of Calgary 2 3 2019 licence plate challenges 2 4 Yaniv v Various Waxing Salons 2 5 Trinity Western University 2 6 Candice Servatius Charter Rights case 3 Activities 3 1 Campus Freedom Index 3 2 Challenge to constitutionality of COVID 19 public health restrictions 3 3 Surveillance of members of the judiciary 4 References 5 External linksOrganization EditBased in Calgary Alberta 2 the libertarian legal 11 organization was founded in 2010 by John Carpay 12 a former Alberta provincial director of the Canadian Taxpayers Federation 13 and a former candidate of the federal Reform Party and provincial Wildrose Party 14 15 who later joined the United Conservative Party 16 After getting a boost in funding from its opposition to COVID 19 pandemic public health measures the organisation saw a revenue slow down towards the end of 2022 causing it to reduce staff numbers 11 The organisation received approximately 6 5 million of funding in 2021 11 In response to internal concerns that the organization was not in compliance with provincial law society rules at the end of December 2022 the organization was planning to launch a separate legal entity to perform its legal activities 11 The organization was seeking to hire low profile litigators and to operate in a low profile manner to ensure that financial donations continued to flow toward the JCCF 11 Major court cases EditThe Justice Centre has argued cases in every province in Canada except Quebec before the Court of Queen s Bench of Alberta Court of Queen s Bench of Manitoba and Ontario Superior Court of Justice 17 Allen v Alberta Edit Allen v Alberta was a legal challenge to the Government of Alberta s monopoly on health insurance within the province as it applies to seeking out of province treatment by Darcy Allen who had elected to pay 77 000 to undergo surgery for his chronic back pain in Montana rather than wait for treatment in Alberta 18 The case closely mirrored the 2005 case of Chaoulli v Quebec AG where the Supreme Court of Canada ruled that a government monopoly on health insurance when combined with extremely long wait lists before care could be provided was a violation of the individual s right to life liberty and security of the person all of which are guaranteed under section 7 of the Canadian Charter of Rights and Freedoms The Court of Queen s Bench ruled against Allen on 31 March 2014 18 19 Wilson v University of Calgary Edit A campus anti abortion club caused controversy at the University of Calgary when they erected a graphic display as part of a Genocide Awareness Project which illustrated results of an abortion along with historical atrocities such as the Holocaust and the Rwandan genocide This case was the ninth time in which the group had put on the display University security staff requested that the students turn the graphic portions of their display inward away from passers by When the eight students running the display refused to comply the university initiated non academic misconduct proceedings against them The school s Vice Provost ruled that the actions constituted misconduct and penalized the students with a formal written warning 20 This penalty was appealed to the University of Calgary s Board of Governors which refused to hear the appeal and upheld the penalty The students then requested that the Court of Queen s Bench order the Board of Governors to allow an appeal 21 The court ruled in April 2014 that the Board of Governors decision not to hear the appeal of the students lacked justification transparency and intelligibility and ordered the board to hear the students appeal 22 2019 licence plate challenges Edit In 2019 the Justice Centre represented three individuals in cases related to licence plates that were revoked due to complaints two in Manitoba one in Nova Scotia John Carpay stated that without such action we move closer to a society where people have a legal right not to feel offended which means that there s less freedom of expression 23 The Canadian Civil Liberties Association expressed support for the plaintiffs in these cases 24 The Manitoba plates were ASIMIL8 issued to a Star Trek fan and NDN CAR issued to a First Nations man in reference to the song NDN Kar by Keith Secola In October 2019 the Court of Queen s Bench of Manitoba upheld the decision of Manitoba Public Insurance to take back the ASIMIL8 because of the association of that word with the forced assimilation of Indigenous people An agreement was reached between the owner and Manitoba Public Insurance to return the NDN CAR plate to its owner 25 The Nova Scotia plate was GRABHER which caused controversy as the surname of the car s driver Lorne Grabher is similar to the phrase grab her 26 A decision of the Nova Scotia Supreme Court upheld the province s decision to revoke the plate 27 Yaniv v Various Waxing Salons Edit Main article British Columbia Human Rights Tribunal Yaniv v Various Waxing Salons In 2019 the Justice Centre represented five estheticians in Yaniv v Various Waxing Salons before the British Columbia Human Rights Tribunal The complainant Jessica Yaniv a trans woman filed discrimination complaints against 13 waxing salons alleging that they refused to provide Brazilian waxes to her because she is transgender 28 29 In response to the complaints several of the estheticians said that they lacked the required training to wax male genitalia or that they were not comfortable doing so for religious or personal reasons 30 The Tribunal ruled against Yaniv and ordered her to pay 6 000 in restitution split equally among three of the service providers The ruling was critical of Yaniv stating that she targeted small businesses manufactured the conditions for a human rights complaint and then leveraged that complaint to pursue a financial settlement from parties who were unsophisticated and unlikely to mount a proper defence and admonished her for using human rights law as a weapon to penalize marginalized women with a racial animus and for filing in such a volume for financial gain 31 32 On January 7 2020 the Justice Centre announced it was representing another salon in an additional complaint filed by Yaniv in early October 2019 33 In September 2020 it was announced that Yaniv had withdrawn her complaints against these salons 1 Trinity Western University Edit See also Trinity Western University Faculty of Law accreditation lawsuits In 2012 the private evangelical school Trinity Western University TWU completed a proposal to establish its own law school Several groups objected to the establishment of this law school because of TWU s Community Covenant Agreement a code of conduct which is mandatory for all students to agree to Unlike codes of conduct at many universities throughout Canada however TWU s Community Covenant Agreement requires explicit acceptance of an evangelical ethical framework including bans on gossip vulgar language pornography and sexual conduct that violates the sacredness of marriage between a man and a woman 34 As a result of opposition to the Community Covenant Agreement the memberships of the Law Society of Upper Canada now the Law Society of Ontario the Law Society of British Columbia 35 and the Nova Scotia Barristers Society voted to not accredit the law school Both the Ontario and BC rulings were appealed to the Supreme Court of Canada with the Justice Centre intervening in both cases 36 On 15 June 2018 the Supreme Court ruled in favour of the law societies in 7 2 decisions for both Trinity Western University v Law Society of Upper Canada and Law Society of British Columbia v Trinity Western University 37 The majority decisions said that TWU s Community Covenant would deter LGBT students from attending the proposed law school and that equal access to legal education diversity in the legal profession and preventing harm to LGBT students were in the public interest 38 Candice Servatius Charter Rights case Edit JCCF represented Candice Servatius the mother of a primary school student in Port Alberni British Columbia on Vancouver Island s west coast on the traditional territory of the Nuu chah nulth people in Servatius v Alberni School District No 70 In the lawsuit which was launched in 2016 the plaintiff an evangelical Protestant 39 claimed that a smudging ceremony performed by a Nuu chah nulth elder and a hoop dancer performance at the school violated the Charter rights of her children 40 Over 30 of students in School District No 70 are indigenous In his 2020 decision BC Supreme Court Justice Douglas Thompson ruled that there was no Charter violation as both performances were educational not religious 41 However he also ordered that both the School District and the appellant should pay their own costs as the case was of general public interest 40 Justice Thompson said that because the plaintiff had limited means her costs were waived 40 He added that schools had to ensure that parents knew participation at these events were optional Both the appellant and the School District appealed the Supreme Court decision the latter on the issue of costs Jay Cameron representing the mother said that the decision was a disappointment for citizens from any religion or cultural background each of whom has a constitutional right to be free from state compelled spirituality 41 In December 12 2022 a panel of judges of the Court of Appeal for British Columbia agreed with Justice Thompson that there were no infringements on Charter rights 40 Justice Susan Griffin writing on behalf of the appeal court panel judges said that the province of British Columbia had adopted the United Nations Declaration on the Rights of Indigenous Peoples UNDRIP in 2019 which included the incorporation of Indigenous culture and perspectives into the public school curriculum 40 The appeal court had learned that JCCF described as a special interest group and Christian activist organization had secretly funded her case 40 39 The lack of transparency had influenced the 2020 Supreme Court decision to waive the appellants costs 39 The appeals court ruled that she was responsible for the costs for both the supreme court and appeal court hearings for the School District and her own legal costs associated with wasting judicial resources on minor complaints that would not usually justify a lawsuit 39 JCCF said they would not pay the court costs for the mother but they would organize a fund raiser to assist her 40 Activities EditCampus Freedom Index Edit The JCCF created the Campus Freedom Index and each year the Centre rates about 52 Canadian universities using letter grades on their policies and actions to protect freedom of speech 42 In 2014 the JCCF s 2014 gave the F rating to 13 Canadian universities and unions according to The Chronicle Herald 42 Of the 13 three had actively censored controversial or unpopular speech on campus according to JCCF ten were cited for not indicating they would deviate from past practice 42 According to a November 5 2012 National Post opinion piece by Carpay and Michael Kennedy Canadian universities and students unions get a failing grade in the JCCF s Campus Freedom Index on adherence to principles of freedom of speech 43 Officials at Ryerson University received a low score in JCCF s 2012 Campus Freedom Index In response the university said that the Index does not take into account legal anti hate speech provisions under federal and provincial laws 44 In a 2014 response to the annual Index the Cape Breton University Students Union president Brandon Ellis said that they no longer return the JCCF calls Ellis said that the formulaire that JCCF s sends to universities and unions every year are very politically motivated The Students Union had filled them in in previous years In 2014 Ellis said I just didn t want our students union to have any part of it 42 In 2014 Dalhousie University which is considered to be the 15th highest rating research universities in Canada 45 received an F rating on Campus Freedom Index instead of a previous D rating because of its support for a group s move to have the university divest itself of investment in fossil fuels 42 Cape Breton University s CBU 2014 F rating on the Index protested the 2006 CAN 2 100 fine imposed by CBU on David George Mullan an ordained Baptist minister who taught History and Religious Studies at CBU from 1989 to 2016 for discriminating against the GLBTQ community as defined under CBU s Discrimination and Harassment Policy for discriminating against the GLBTQ community which is also covered in Section 5 of the Nova Scotia Human Rights Act and adopted by CBU On February 15 2006 Mullan had posted on his UCB academic the contents of the email of a student who was then a coordinator of the CBU s diversity centre changing the spelling from to the Perversity Centre The website post included the diversity coordinator s personal contact information and place of work Mullen also published a photo of himself holding an automatic weapon with the inscription Nemo me impune lacessit No one provokes me with impunity 46 42 In 2004 Mullan had posted a series of letters that he had written to the Bishop of the Anglican Church of Canada criticizing the changing stance on homosexuality in the Anglican church The Anglican church had been split apart following the 2003 appointment of the first openly gay American Anglican bishop Gene Robinson 47 48 49 Mullan was involved in another 2006 incident when a CBU communications professor Celeste Sulliman sought a peace bond against him he had published her name and her department on a list he posted on his Bear Blog on a death watch list according to a CBC News report 50 Sulliman s students had disrupting CBU classes on International Women s Day in March 2006 50 The CBU s 2014 low Campus Freedom Index cited this 2006 fine as the reason for the F rating Writer Lindsay Shepherd former Teaching Assistant at Wilfrid Laurier University joined the Justice Centre in 2019 to promote free speech on campuses 51 Challenge to constitutionality of COVID 19 public health restrictions Edit Carpay filed a lawsuit in May 2020 challenging the constitutionality of Bill 2 introduced during the premiership of Jason Kenney which was put in place to respond to the COVID 19 pandemic in Alberta 52 Carpay has been a member of Alberta s governing United Conservative Party UCP and a supporter of Premier Kenney In December 2020 John Carpay and JCCF lawyer James Kitchen launched a lawsuit against the government of the province of Alberta alleging that the November 24 2020 public health restrictions interfere with Albertans charter rights 53 Kitchen is representing James Coates the pastor of the GraceLife Church near Edmonton Alberta Since his arrest on February 17 2021 by the RCMP Coates has remained in prison for refusing to comply with Alberta Health Services Public Health Act legislation introduced in 2020 in response to COVID 19 Coates refused to cap attendance capacity at 15 and did not comply with requirements for masking and physical distancing of congregants in his GraceLife Church 54 55 COVID 19 deniers have protested in support of Coates 56 54 55 During the COVID 19 pandemic the JCCF was able to expand its assets from 133 271 to about 1 7 million in 2020 through fundraising off the anti public health lawsuits it pursued 57 In January 2022 the JCCF represented students in a lawsuit against Seneca College s vaccine mandate instituted in 2021 After losing the case the JCCF was ordered to pay slightly over 150 000 in legal costs to the college because of its substantial assets and their client s inability to pay legal costs 57 Surveillance of members of the judiciary Edit In July 2021 the JCCF founder John Carpay retained a private investigator to follow Manitoba Chief Justice Glenn Joyal in an effort to catch him breaking COVID 19 rules The JCCF sought to humiliate him while he presided over a JCCF constitutional challenge of The Public Health Act Manitoba Justice Joyal had been followed by a vehicle on July 8 after leaving a court building and noted that the private investigator followed him to his private residence and had a teenage boy ring his doorbell to seek to confirm that he lived there 58 The Winnipeg Police Service and the Government of Manitoba s internal security and intelligence unit investigated the incident 59 and according to the National Post Justice Joyal stated that the investigator was hired for the clear purpose of gathering what was hoped would be potentially embarrassing information in relation to my compliance with COVID public health restrictions I am deeply concerned and troubled 60 Soon afterwards Carpay was subject to misconduct complaints to various bar associations 7 and was indefinitely suspected before returning to work seven weeks later 61 The CBC next reported that the JCCF board said that an interim president would be appointed and that there would be a review of operations and decision making at the organization 62 Carpay was arrested for his role in the surveillance of the chief justice on December 30 2022 and released the subsequent day 61 Carpay has been charged with intimidation of a justice system participant and attempting to obstruct justice 63 A second JCCF employee was arrested on January 11 2023 and then charged with both attempt to obstruct justice and intimidation of a justice system participant 64 References Edit a b Support the Justice Centre Calgary Alberta Justice Centre for Constitutional Freedoms Retrieved 20 November 2018 a b Home Page Calgary Alberta Justice Centre for Constitutional Freedoms Retrieved 14 November 2014 Dobbin Murray 2015 Canada s Progressive Politics Need Renewal In Finn Ed ed Canada After Harper Toronto James Lorimer amp Company p 294 ISBN 978 1 4594 0943 9 Climenhaga David 2018 The Wealthy U S Libertarians Supporting Canada s Right Wing Think Tanks PDF CCPA Monitor Vol 25 no 3 Ottawa Canadian Centre for Policy Alternatives pp 8 9 ISSN 1198 497X Retrieved 19 November 2018 Appel Jeremy 17 November 2018 Kenney Must Take Right Wing Extremism More Seriously Medicine Hat News Medicine Hat Alberta Continental Newspapers Retrieved 20 November 2018 Climenhaga David 5 July 2018 What Does the Canadian Taxpayers Federation Get from Its Right Wing US Partner The Tyee Vancouver Retrieved 20 November 2018 a b Lawyer files misconduct complaint after private investigator hired to follow Manitoba chief justice CBC News Hunter Justine 2 January 2023 Lawyer who hired PI to spy on Manitoba judge shocked to be arrested The Globe and Mail Retrieved 8 January 2023 Justice Centre representing 2022 Truckers Freedom Convoy Justice Centre for Constitutional Freedoms 3 February 2022 Retrieved 8 February 2022 Bradley Jonathan 3 February 2022 Justice Centre lawyers in Ottawa representing Freedom Convoy truckers Retrieved 8 February 2022 a b c d e Tyler Dawson 16 December 2022 Exclusive Anti lockdown legal group to cut staff as donations slow after COVID restrictions lifted nationalpost Retrieved 8 January 2023 Simpson Kaitlyn 13 February 2017 Inside the Justice Centre for Constitutional Freedoms The Varsity Toronto Retrieved 20 November 2018 John Carpay Montreal MEI Retrieved 19 November 2018 History of Federal Ridings Since 1867 Burnaby Kingsway British Columbia 1987 1996 Parliament of Canada Archived from the original on 21 October 2013 Retrieved 22 May 2014 Candidates by Party results elections ab ca Retrieved 22 May 2014 Rieger Sarah 11 November 2018 Calgary Lawyer Challenging Gay Straight Alliance Bill Compares Pride Flags to Swastikas CBC News Retrieved 20 November 2018 Our Cases Calgary Alberta Justice Centre for Constitutional Freedoms Retrieved 15 November 2014 a b Gerson Jen 2 April 2014 Alberta Rules Against Private Health Insurance Claim in Apparent Clash with Supreme Court National Post Toronto Retrieved 14 November 2014 Decision Re Allen v Alberta PDF Retrieved 14 November 2014 via Justice Centre for Constitutional Freedoms Anti Abortion Display Was Misconduct University CBC News 10 May 2010 Retrieved 30 June 2015 U of C Anti Abortion Activists Ask Court to Undo Reprimand CBC News 18 April 2013 Retrieved 30 June 2015 Wilson v University of Calgary 2014 ABQB 190 CanLII Archived from the original on 14 September 2017 Retrieved 30 June 2015 Martens Kathleen 10 April 2019 Constitutional challenge may help NDN CAR ride again APTN News Retrieved 13 July 2019 Gollop Justin 3 May 2019 Bonfire of the vanity plates The Coast Retrieved 13 July 2019 Malone Kelly 24 October 2019 Manitoba man loses court fight to get back banned ASIMIL8 licence plate National Post Retrieved 26 July 2020 Geary Aldan 8 April 2019 Knee jerk reaction to ASIMIL8 licence plate contravenes right to freedom of expression lawyer argues CBC Retrieved 13 July 2019 Julian Jack 31 January 2020 Nova Scotia man loses legal bid to reclaim GRABHER personalized licence plate CBC Retrieved 26 July 2020 Greenfield Beth 24 July 2019 Trans woman who was refused waxing services kicks off identity wars online Yahoo News Retrieved 5 August 2019 Little Simon 29 July 2019 B C Human Rights Tribunal to take up to 3 months to decide transgender waxing case Global News Retrieved 3 August 2019 Uguene Csenge Eva 26 July 2019 Transgender woman testifies at human rights tribunal after being refused Brazilian wax The Canadian Broadcasting Corporation Retrieved 3 August 2019 Brean Joseph 22 October 2019 Trans activist Jessica Yaniv filed genital wax complaints as means of extortion rights tribunal rules The National Post Retrieved 22 October 2019 Forgie Adam 22 October 2019 Court rules in favor of women who refused to wax male genitalia of trans woman KUTV CBS Retrieved 22 October 2019 Rights centre says trans activist Jessica Yaniv has filed new complaint against B C salon over waxing refusal National Post 7 January 2020 Retrieved 5 March 2021 Community Covenant Agreement PDF Student Handbook Trinity Western University Archived from the original PDF on 22 April 2014 Retrieved 18 February 2015 Cohen Gail Taddese Yamri 31 October 2014 B C Lawyers Say No to TWU Law School Legal Feeds Toronto Thomson Reuters Canada Archived from the original on 3 March 2016 Retrieved 26 June 2015 Kulig Paula 9 August 2017 Chief Justice s Rare Order in Trinity Western Case Ensures All Voices Could Be Heard The Lawyer s Daily Toronto LexisNexis Canada Retrieved 20 November 2018 Fine Sean 15 June 2018 Supreme Court Upholds Provincial Law Societies Right to Reject Graduates from Proposed Christian Law School The Globe and Mail Toronto Retrieved 15 June 2018 Harris Kathleen 15 June 2018 Trinity Western Loses Fight for Christian Law School CBC News Retrieved 15 June 2018 a b c d Cecco Leyland 13 December 2022 Canada court rejects mother s lawsuit to ban Indigenous ceremony at children s school The Guardian ISSN 0261 3077 Retrieved 13 December 2022 a b c d e f g Olijnyk Zena 13 December 2022 Mother who sued Port Alberni school board over First Nations smudging ceremony ordered to pay costs Canadian Lawyer Magazine Retrieved 17 December 2022 a b Lirette Dominika 1 January 2020 B C mom loses court case arguing Indigenous ceremony at kids school infringed on religious freedom CBC News Retrieved 17 December 2022 a b c d e f Ayers Tom 3 October 2014 Think Tank Questions Freedom of Speech on Some Nova Scotia Campuses The Chronicle Herald Sydney Nova Scotia Archived from the original on 4 November 2014 Retrieved 16 November 2014 Universities get failing grades on campus freedom National Post Retrieved 5 March 2021 Del Giallo Sarah 7 November 2012 Ryerson s Support for Free Speech Criticized The Ryersonian Toronto Archived from the original on 16 November 2014 Retrieved 16 November 2014 Canada s Top 50 Research Universities 2018 Research Info source 2018 Retrieved 10 March 2019 February 2006 complaint against Mullan PDF 17 February 2006 Archived from the original PDF on 5 March 2021 Retrieved 5 March 2021 Gene Robinson It is a sin to treat me this way The Telegraph 29 April 2008 Retrieved 5 March 2021 US Church unfairly criticised BBC 1 January 2008 US Church unfairly criticised BBC 1 January 2008 a b CBU professor fears death watch list CBC 1 June 2006 Retrieved 5 March 2021 Leavitt Kieran 7 February 2019 Lindsay Shepherd joins controversial Calgary group to promote free speech on campuses The Star Retrieved 29 April 2019 Johnson Lisa 2 May 2020 Lawsuit challenges constitutionality of Alberta UCP s Bill 10 Edmonton Journal Retrieved 21 February 2021 Griwkowsky Catherine 7 December 2020 Justice centre launches legal challenge against Covid restrictions Politics Today Retrieved 21 February 2021 a b GraceLife pastor held in custody for refusing to comply with bail conditions Edmonton Alberta 17 February 2021 Retrieved 21 February 2021 a b Anti lockdown rally at Alberta legislature voices support for jailed pastor The Star Edmonton Alberta 21 February 2021 Retrieved 21 February 2021 Hatred COVID 19 skepticism denounced after anti lockdown rally at Alberta legislature CTV Edmonton 21 February 2021 Retrieved 21 February 2021 a b Dawson Tyler 25 November 2022 Legal group ordered to pay 150 000 after failed case against Seneca College vaccine mandates National Post Retrieved 29 November 2022 Petz Sarah 12 July 2021 Manitoba chief justice says private investigator followed him in attempt to catch him breaking COVID 19 rules CBC News Retrieved 8 July 2021 Rosen Kayla 12 July 2021 Manitoba chief justice says private investigator hired in attempt to catch him breaking COVID 19 protocols CTV News Retrieved 12 July 2021 Head of group behind COVID court challenges admits to hiring private investigator to follow judge National Post a b Hunter Justine 2 January 2023 Lawyer who hired PI to spy on Manitoba judge shocked to be arrested The Globe and Mail Retrieved 3 January 2023 Head of group representing churches in COVID 19 challenge takes leave after having Manitoba judge followed CBC News Climenhaga David 4 January 2023 The Freedoms Lawyer Charged with Obstruction of Justice The Tyee Retrieved 6 January 2023 Grant Meghan 12 January 2023 2nd Calgary lawyer charged in Manitoba judge surveillance case CBC External links EditOfficial website Portals Canada Freedom of speech Retrieved from https en wikipedia org w index php title Justice Centre for Constitutional Freedoms amp oldid 1149673313, wikipedia, wiki, book, books, library,

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