Any civil servant who commits fraud or a breach of trust in connection with their duties can be charged with breach of trust by a public officer. This applies to any fraud or breach of trust.
Some potential avenues of liability could include:
fraudulent and/or misleading messaging/advertising on things like the severity of the “pandemic”, the efficacy of the Covid-19 Vaccines, the safety of the Vaccines; the robust testing of the Vaccines, etc.;
failing to exercise due diligence in the duties of the office. This could include:
the Minister and Governor General in Council for abandoning the safety and efficacy requirements for drug approval;
the Minister and government employees responsible for watching for danger signals, for not removing market authorization for Covid-19 Vaccines;
Health Canada employees in approving the Covid-19 Vaccines;
compiling statistics and information in a misleading way, for both internal
government use and for public use;
failing to objectively look at all evidence;
making orders/directives that unfairly restricted fundamental rights and freedoms.
Breach of trust by a public officer is found in section 122 of the Criminal Code. Section 122 reads:
122 Every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more
than five years; or
(b) an offence punishable on summary conviction.
The word “official” is defined in section 118 to include all civil servants. Section 118 includes:
118 In this Part...
“office” includes
(a) an office or appointment under the government,
(b) a civil or military commission, and
(c) a position or an employment in a public department;
“official” means a person who
(a) holds an office, or
(b) is appointed or elected to discharge a public duty[.]
It is important to note that a “breach of trust” does not relate to trust property. Rather it relates to breaching the trust of the public by using the office improperly (see for example Regina v. Campbell, 1967 CanLII 315 (ON CA)).
Section 52 of the Constitution Act, 1982 provides that the Constitution, which includes the Canadian Charter of Rights and Freedoms (the “Charter”) , is the supreme law of Canada. Any law that is inconsistent with the Constitution, is of no force and effect. Over the years a tradition has evolved in the case law where there is an implied condition that public officials will exercise their duties in a manner consistent with the Charter. This is important in the case of public officials, and government members involved in orders and directives that curtailed our freedoms. In other words, it can be a breach of trust to unfairly limit fundamental rights and freedoms. Indeed, arguably unfairly restricting fundamental rights and freedoms is the ultimate breach of trust.
Some of the fundamental rights and freedoms found in the Charter include:
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
6. Every citizen of Canada has the right to enter, remain in and leave Canada.
7. Everyone has the right to life, liberty and security of the person and the right not to
be deprived thereof except in accordance with the principles of fundamental
justice.
8. Everyone has the right to be secure against unreasonable search or seizure.
9. Everyone has the right not to be arbitrarily detained or imprisoned.
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
15(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.
These rights are not absolute. Section 1 of the Charter allows them to be breached as follows:
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Under this test, the practice is for the party alleging a violation of a Charter right to prove that there has been a violation. The burden of proof then switches to the party seeking to justify the Charter breach to show that the violation was both prescribed by law, and demonstrably justified in a free and democratic society.
Comentarios