BREAKING NEWS EXCLUSIVE: Veteran Files Suit In California Court Against Roche Pharmaceuticals

Demand For Jury Trial Filed In San Mateo County

A 26 page complaint was filed with the clerk of the county on May 21st, 2019 by attorneys on behalf of Gabriel Au Buchon, a 40 year-old U.S. Army veteran.

The complaint lists five causes of action against Roche:

  • 1. Strict Products Liability— Failure to Warn
  • 2. Negligence
  • 3. Deceit by Concealment (Violation of Civil Code §§ 1709—1710)
  • 4. Fraud
  • 5. Negligent Misrepresentation and Defendants. Concealment

From the complaint: “Plaintiff was U.S. Army infantryman from October 1, 2002 to September 13, 2015. He was deployed to the Horn of Afiica from December 16, 2003 to July 20, 2004. In early to middle December 2003, he was given Lariam as part of his deployment”

“…He has suffered classic neuropsychiatric symptoms of mefloquine toxicity since: insomnia, abnormal dreams and nightmares, anxiety, depression, anger, irritability, aggression, paranoia, and cognitive dysfunction, which have contributed to his diagnoses of depression, major depression not otherwise specified (NOS), major depressive disorder, adjustment disorder with depressed mood and anxiety, anxiety disorder NOS, generalized anxiety disorder, insomnia, chronic neurologic symptoms of tinnitus, dizziness, headache, Visual photosensitivity, paresthesias, and other vestibular disorders.

15. anxiety, depression, irritability, anger, paranoia, suicidal ideation, insomnia, restlessness, and periodic limb movements during sleep, which have contributed to his diagnoses of adjustment reaction, dysthymja, depression, mood disorder not otherwise specified (NOS), bipolar disorder, and restless leg syndrome (RLS), dizziness and disequilibrium.

The Allegations

Quite simply, that Roche Pharmaceuticals knew that Lariam was a dangerous drug, yet did nothing to mitigate this danger and continued to market the drug.

In the series of articles I wrote on mefloquine, Poison Pill: The History of Mefloquine From The Lab To The Courtroom”, I showed that there was compelling evidence of the dangers the drug posed prior to it being approved for use, and even more afterwards.

Prayer For Relief

These are the damages sought, which are to be determined by the court.

  • PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against each of the Defendants as follows:
  • a. Awarding actual damages in an amount to be determined at trial;
  • b. Awarding punitive damages to the Plaintiff;
  • c. Awarding pre-judgment and post-judgment interest to the Plaintiff;
  • d. Awarding the costs and expenses of this litigation to the Plaintiff;
  • e. Awarding reasonable attorneys’ fees and costs to the Plaintiff as provided by law; and
  • f. Granting all such other relief as the Court deems necessary, just and proper.

Updates As They Happen

I will be following this case very closely, and will be posting updates as they happen. Stay tuned for further developments.

Democracy Is At Risk Within The Commonwealth

It is in Australia AND Canada at the moment. Part 2-Perversion of Justice.

On behalf of the millions of Canadians like myself who did not vote Liberal, we apologize to the world for having inflicted you with him too. It is our national embarassment and we assure you this will be rectified in October. Only too late did many of those that did vote for him realize that Little Potato actually has the IQ of a little potato.

Perversion of Justice

Unlike previous Liberal scandals, this one should send a chill down every Canadian spine.


Vice-Admiral Mark Norman leaves court with his lawyer Marie Henein following a hearing in Ottawa, Tuesday September 4, 2018. THE CANADIAN PRESS/Adrian Wyld

As the SNC Lavalin affair dominated the news in Canada, another scandal has been brewing for month’s in the form of the prosecution of Vice-Admiral Mark Norman. Second to the Chief of Defense Staff, Norman was charged with breach of trust, the allegation being he leaked cabinet information.

At issue was the Trudeau government’s decision to cancel the procurement of a supply vessel for the navy, Norman’s alleges leaking of document’s to the media pertaining to a November 2015 meeting where it was decided that the project would be put on hold. The leak would anger the cabinet, prompting them to call for an RCMP investigation.

I won’t go further into the details of the matter, since it isn’t the details I am concerned about, so much as the actions of the PMO. Admiral Norman’s defense attorney is filing an abuse of power motion, and key to this are the records of the troika who run the government, Justin Trudeau, Gerald Butts, and Katie Telford, Trudeau’s Chief of Staff.

Miscalculating the blow-back.

The team had a small problem with their plan however. They seriously misjudged how Canadians would react. They were expecting that the process would drain Admiral Norman of resources, and that eventually he would have to take a plea deal.

He had hired high-profile lawyer Marie Henein, and his legal bills soon reached half a million dollars. A Go-Fund me campaign was started to raise money for his defense, and before long it had swelled to the hundreds of thousands of dollars. Many of the contributions were made by current or former members of the Canadian Armed Forces.

Shortly thereafter, the Crown dropped all charges against him.

As the details of these scandals begin to see the light of day, something becomes clear. The Justin Trudeau Liberal’s will be remembered for their attempts to obstruct or otherwise pervert justice, not for their climate action bullshit. Unlike the scandals of Liberal government’s in the past, the ramifications of this one affect every Canadian, and it this needs to be pointed out.

LavScam a Different Kind of Scandal Than AdScam


The Gomery report detailed the existence of an ‘elaborate kickback scheme’ to funnel money to the Liberal Party’s Montreal headquarters. Jacques Corriveau, a close friend to Jean Chrétien, has been charged with fraud in connection with the case. (Canadian Press/CBC)

The Sponsorship Scandal was typical of those we tend to see in politics, involving money, graft, kickbacks, the type of things that tend to come to mind when the words “political scandal” are said. Influence peddling and other similar types of corruption usually involve a small number of people, and typically, financial transactions have taken place.

As a rule, these types of crimes don’t have a direct effect on the rights of the average Canadian. It’s possible that some constituents in some areas may be affected on an economic level, but by and large, their rights under the law are not affected.

Now they’ve gone too far.

By showing that they are willing to obstruct and pervert justice. the Trudeau Gang have shown that they are willing to deprive anyone of their legal rights, while breaking the law as they see fit. This isn’t a financial scandal, this one’s ideological, and it shows just how far Justin Trudeau is willing to go to get what he wants.

Katie Telford and Gerald Butts. The brains of the outfit.
The dim-witted boob they foolishly chose to execute their plan.

The Slippery Slope

If the PMO is willing to interfere in the administration of justice in these matters, what would stop them from doing the very same thing in other matters of their interest? And what would be stopping them from putting the screws to any average Canadian whose views were opposed to theirs. Although people cannot be arrested and prosecuted for their beliefs, how much of a stretch would it be for the PMO to go so far as to manufacture criminal charges? They’ve already proven they are willing to break the law so it’s not unreasonable to believe that this scenario could play out.

That you, or any of your family or friends could end up in prison for opposing an ideology is something that could only have happened in Cuba, or China, or any of the other regimes that Justin Trudeau admires. Gerry Butts may not be an employee any more, but he still writes the play-book, and it reads like a Kafka novel.

One and Done

Justin Trudeau can no longer be oblivious to the fact that he has a major problem, and his performance in Toronto is proof. Whether he was high or on the verge of a nervous breakdown, he was obviously different to many observers and pundits. Whether removed from within, or at the polls, he will not see another Christmas in the Prime Minister’s office.

The scandal has made news around the globe, getting coverage from the BBC, The New York Times, and even Russia Today. Those who once thought that Justin Trudeau was the model of a modern and enlightened leader, will now have to find another vacuous shill to take his place.

What’s important is that Canadian’s do the right thing in October, and unseat the Liberal’s. There’s now a lot more at stake than we first realized.

DB

Is Democracy At Risk Within The Commonwealth?

It is in Australia AND Canada at the moment. Part 1-Quebec’s Culture of Corruption

In my article titled “The Aussie Files: Scandal of Criminal Proportions”, I made mention of the fact that the Canadian government was also acting illegally and attempting to subvert democracy.

For those of you reading this outside of Canada, these next two articles will explain exactly how Justin Trudeau and his minions in the Prime Minister’s Office (PMO), have attempted to obstruct justice. Along the way they decided which laws they would choose to follow and which ones they wouldn’t, depending upon who wrote them.

The SNC Lavalin scandal I mention at the beginning of the article involves a number of company officials who were brought up on corruption charges. If found guilty, it would be banned from bidding on lucrative government contracts for 10 years.

Officials within the PMO approached then Attorney General of Canada and Minister of Justice, Jodi Wilson-Raybould, telling her that the federal prosecutor was refusing to negotiate a deal with SNC Lavalin, based on a newly minted remediation agreement regime. The regime had been passed into law by the previous Conservative government. Officials wanted her to tell the federal prosecutor to make a deal.

The reason, ostensibly, was that if SNCL lost the case, they would pack up and leave Quebec for Europe, along with 5,000 jobs. This was disingenuous, since the workers would simply be absorbed back into the labor force with other companies.

This brings me to another hotbutton issue in Canadian politics right now, that being the re-emergence of a Western Seperatist movement. Canada is very much a country of regions. These are B.C., Western Canada (Alberta, Saskatchewan, Manitoba), Ontario, Quebec, and the Maritime provinces (New Brunswick. Nova Scotia, Prince Edward Island, and Newfounland & Labrador).

To make this as short as possible, the western provinces, in particular Alberta, feel taken advantage of by the other provinces, in particular Quebec. You see, Alberta has oil and gas, which contributes greatly to the overall Canadian economy.

Canada’s scheme of equalization and transfer payments has seen over $150 BILLION of Alberta tax money go to Quebec since it began.

Right now the Alberta economy still has not recovered from the 2014 oil crash, and there are 250,000 unemployed Albertan’s. This has been the last straw for many, as seperatist voices last heard under Justin’s father, Pierre Elliot Trudeau, rise up once again. For a more detailed analysis, go to the articles Grounds for Seperation Parts 1 and 2

After repeatedly refusing to bow to pressure, she was removed from her position in a cabinet shuffle, and would ultimately leave caucus. Her appearance at a hearing of the House of Commons justice committee would leave Canadians transfixed.

It is from this point that Justin Trudeau’s fate was sealed and his popularity would begin to drop like a stone.

https://globalnews.ca/news/5006450/jody-wilson-raybould-testimony-transcript/

Quebec’s Culture of Corruption

Corruption is just a part of life in Quebec, and Alberta tax dollars are helping to fund it.

Quebec: The most corrupt province


As the SNC Lavalin scandal gains momentum and threatens to bring down Justin Trudeau and the Liberal government, word emerges of another potential scandal brewing in Quebec, this time involving Bombardier, another darling of la belle province. Bombardier and the Liberal’s have had ties for years, and they have been the beneficiary of many a government hand-out, so this really comes as no surprise.

In fact, that Quebec is rife with corruption comes as a surprise to nobody. It seems to be ingrained into the culture, at least politically, and it has been in the news in Canada for decades, with the ’76 Olympics in Montreal being perhaps the ultimate testament to corruption, with Olympic Stadium being the billion dollar center piece.

I’ve pored over the vast repository of information that is available to me, and have put together this brief look at politics and corruption in the province of Quebec.

First, the SNC Lavalin story.

The company at the center of the current political firestorm in Ottawa traces it’s roots back to 1911, when the appropriately named Arthur Surveyer founded the engineering firm Surveyer, Nenniger & Chenevert in Montreal (SNC). 25 years later engineers Jean-Paul Lalonde and Romeo Valois form the firm Lavalin, merging in 1991 to become SNC Lavalin.

SNC’s international experience dates back to 1963, while Lavalin began the massive James Bay hydroelectric dam project in 1974. The combined company would go on to acquire contracts for major projects around the globe in the 1990’s and by 2018, had claimed it’s place as the largest construction company in Canada. It had 50,000 employees worldwide, offices in 50 countries, and operations in more than 160.

Saadi Gadaffi, progeny of a despot, failed soccer player, and known reprobate.

Libya

By the year 2000, SNC Lavalin had been doing business in Libya for a number of years. One of their most important partners in Libya was Saadi Gadaffi. son of strongman Muammar Gadaffi, and the head of his father’s special forces. Saadi was typical of the sons of other despots in the region, more playboy than aspiring leader of a nation. Rather than focusing on much needed development projects for his country, he envisioned creating a “new Hong Kong” in Libya, and it became well known that when going to a meeting with Saadi, you brought cash.

In 2008, SNC Lavalin invited Saadi to move to Canada, who would go on to live in Montreal and Toronto. For Saadi, it was an opportunity to improve his english, as well as to network with political and business leaders, while learning the intricacies of doing business in North America.

SNCL would hire private security firm Garda to provide protection for their guest, and four contractors were hired for the job. It would be up to the security detail to pay for all of Saadi’s expenses, illicit and otherwise. These would in turn be invoiced back to SNCL, who would report the expenses as being related to business in Libya. Nearly $2 million in such expenses were reported, as has been revealed in the past week.

Calgary Nose Hill MP Michelle Rempel informs parliament of her discovery that SNC Lavalin procured prostitutes for Saadi Gadaffi.

In early 2011, the Arab Spring had made its way to Libya, and SNCL projects across the country would come to a sudden halt amid the violence and political uncertainty. Saadi had managed to flee the country and in November of that year, Mexican authorities broke up a bid to smuggle him into the country. A consultant hired by SNCL and the VP/Controller were arrested and charged in Mexico. Saadi would make his way to Niger, where he received asylum, but was eventually extradited back to Libya to face murder charges, though a court acquitted him of the charges in 2018.

2012 would bring more bad news when, in February, two former SNCL executives were arrested in Canada in relation to alleged corruption at a project in Bangladesh that the World Bank was underwriting. The following month, CEO Pierre Duhaime resigned in disgrace after an internal audit revealed that $56 million in payments had been made to agents in contravention of the company’s policies.

In April, another former executive was arrested in Switzerland on corruption charges relating to a projects in North Africa, and in Canada, SNCL headquarters was the subject of an RCMP search relating to corruption involving high-ranking Tunisian officials between 2001 and 2010.

In November, Duhaime was arrested, when charges of fraud, conspiracy, and using forged documents, in relation to SNCL’s contract to build Montreal’s super-hospital, which it had won in 2010. SNCL’s bad year would end with December seeing accusations against another former executive, relating to the Bangladesh project.

Less than a week ago, on February 1st, Duhaime plead guilty to a single charge of breach of trust, avoiding jail time for what some have said is the biggest fraud in Canadian history.


Former SNC-Lavalin CEO Pierre Duhaime leaves a Montreal courtroom on Friday, after pleaded guilty to a charge of helping a public servant commit breach of trust for his role in the MUHC superhospital bribe scandal. (Paul Chiasson/Canadian Press)

In March of 2013, the Charbonneau Commission, tasked with examining corruption in Quebec’s construction industry, had been sitting for nearly two years. Yves Cadotte, VP of SNCL, would testify before the commission telling of collusion with other firms in order to secure contracts in Montreal, as well as details of illegal payments to political parties. In April, the World Bank and the Canadian International Development Agency (CIDA) barred SNCL from bidding on contracts for 10 years.

Organized Crime in Quebec

Justice France Charbonneau’s report was issued in November of 2015. After four years and at a cost of $40 million, the nearly 1,800 page report contains 60 recommendations. The commission would find that the prevalence of organized crime in Quebec, primarily in the form of the Italian mafia and the Hell’s Angels, played a major role in the corruption that was running rampant and unchecked in the construction industry.

Nicolo Rizzuto, the former boss of the Rizzuto Crime Family in Montreal, was shot dead in his Toronto home in November 2010.

Since forming in the early 1970’s under Nicolo Rizzuto, the crime family that bears his name has been operating out of Montreal. Prior to the 1970’s, corruption in Quebec doesn’t appear to have been more of a problem than it was anywhere else. But after the arrival and rise of the Rizzuto family in Quebec, things began to change drastically, as the mafia and the Hell’s Angels begin to exert their influence over Quebec’s labour unions.

Soon, they would control nearly every aspect of the industry, having influence over the awarding of lucrative contracts, and collecting concessions from unions, contractors, and suppliers. Stacks of cash were used to buy political influence, and violence and intimidation were used to keep everyone in line. Eventually, this would become the norm, and Quebec’s culture of corruption would become entrenched in society.

It seems particularly entrenched in Quebec politics, as politicians of all stripes and at all levels of government seem to behave as though that’s just the way things run. For the Liberal Party in Quebec, it is almost standard practice to engage in illegal shenanigans for political gains, to the point where they see themselves as entitled and above the law.

Alberta Tax Dollars in the Pockets of Mobsters

If this were strictly a Quebec or a Montreal problem, it wouldn’t even appear on the radar, but it isn’t. Over the years billions of dollars in tax revenue has left Alberta in the form of transfer payments, the majority going to Quebec. The likelihood that at least some of that money made its way into the hands of organized crime is great. The amount of Alberta money illegally circulated in Quebec over the years has to be in the billions of dollars.

It’s bad enough that we have to give it up in the first place, but to know that it is being used to improve the lot of criminals makes it even more infuriating. Thousands of Alberta families are suffering, with many on the brink of disaster. Countless lives have been forever turned upside down, and some have even been lost as a result of the economic crisis in Alberta.

The result of all of this is evident in the news stories and polls coming out of Alberta. More and more of us see separation as the only solution to a situation that has become untenable to the point that, eventually, people will begin to rise up and willingly break the law. In Quebec, it would seem as though crime actually does pay. Maybe we need to start thinking that way in Alberta as well, because if things keep going the way they are, it might the only choice we have left if we want to survive.

DBC

A HISTORY OF SNC-LAVALIN Woods, Allan . Toronto Star ; Toronto, Ont. [Toronto, Ont]25 May 2013: IN.3.

Grounds For Separation, Part 2

The Devastating Impact.

6. Unemployment Rate

In February of this year, Calgary once again reclaimed the title of Highest Canadian Metropolitan Unemployment, reaching 7.6%, edging out St. John’s, Nfld where the rate remained a steady 7.4%.

It spent most of 2016 and part of 2017 on top of this list before it got a reprieve, but it would top the list again early in 2019. The unemployment rate in Calgary rose and fell in a gentle slope on a line chart. It covers the period of time that most people would have been eligible for unemployment benefits. The fact that the rate fell by no means that those unemployed found work, it only means that their benefits have run out and they are no longer technically “unemployed” for statistical purposes.

By all accounts there are over 200,000 unemployed in Alberta at this moment. Many of them worked in or relied on the energy industry for employment. Based on anecdotal evidence there is a very large population of unemployed geologists and land men in Alberta right now. These were good paying professional jobs, and now many of these geologists have no more savings, the unemployment ran out years ago, had to sell their homes and vehicles, and are now on the verge of economic ruin. Men who previously made $100,000 a year are now begging to flip burgers for $15/hr.

Many energy companies now no longer operate in Alberta due to the fact that it is no longer feasible for them to do so. Policies put in place by the provincial and federal governments have scared off investment in Alberta, leading to the increase in unemployment in the energy sector.

7. Bankruptcies

Between 2014 and 2018 the number of personal bankruptcies and consumer proposals in Alberta jumped an incredible 76%, going from 8,281 in 2014 to 14, 555 in 2018. Comparatively, the national rate rose by a mere 5.8%.

Alberta business bankruptcies during the same period rose by 46% going from 141 in 2014 to 206 in 2018, while nationally the amount actually decreased by 15% going from 4,219 in 2014 to 3,580 in 2018.

http://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/h_br01011.html

8. Income Support

In Alberta, the Income Support program provides assistance to low-income individuals and families. Child and health care, subsidies, and income assistance are among the services available. Households are categorized according to group: Single, Single with One or More Children, Couples, and Couples with One or More Children.

These are then further categorized by;Expected to Work(ETW):Unemployed and Able to Work, Unemployed and Unable to Work (ie. due to Illness, caring for family, etc.) and, Barriers to Full Employment(BFE) in which recipients are unable to work due to chronic long-term illness. The amount of benefits available depends upon marital status, number of dependants (if any), and, level of ability to work.

Starting in the year 2014, I measured the number of households receiving income support benefits in the month of July, until the current year where I measured the month of January.

A massive increase.

In July of 2014 there were a total of 33,522 households receiving assistance. By January of this year that number had nearly doubled to 59,940.

The number of people who were not working but were available to work skyrocketed from 5,820 in 2014 to 21,745 in 2019, more than three times what it was four and a half years before. Those unavailable to work rose by 50% going from 7,979 in 2014 to 12, 338 in 2019.

The segment of the population hardest hit has been single people. In 2014, of the 33, 522 households on benefits, 22, 037 were single individuals or 66%. In January they accounted for 69% of the 59,940 households collecting benefits. This would be an increase of 79% over 2014.

9. Crime

During periods of economic instability, crime rates tend to increase. This is no more evident than in Calgary, where crime rates soared in 2015 following the collapse in oil prices. In the years that followed, although the rates have stabilized, they remain high and show no signs that they will be coming down.

Crimes across virtually every category rose sharply in 2015. Naturally there were significant increases in “the usual suspects”, Property Crimes, Theft, Robbery, and Domestic Violence. There has also been an alarming increase in the number of violent crimes as well, especially in the number of assaults. There has also been a disturbing increase in the number of assaults on police officers.

They are categorized as 1) Social Disorder, 2) Property Crime (Theft, B&E, Robbery, Vehicle Theft, Fraud) and, 3) Person Crime (Assault, Domestic Assault, and Sex Offenses.

I will be providing more details in another post addressing Calgary crime statistics.

9.1 Social Disorder 2014 – 2018

Social Disorder calls are the ones police respond to the most in a typical day. They include such things as: Drunk, Disturbance, Indecent Act, Juvenile Complaint, Landlord/tenant, Mental health concern, Neighbor dispute, Party complaint, Prowler, Suspicious person, Threats, Drugs, Noise complaint, Possible gunshots, Unwanted guest/patron, Prostitution, Speeder, Suspicious Auto (grouped as Social Disorder), Fire, Property damage and Abandoned auto (grouped as Physical Disorder). 

Defying my expectations, the number of Social Disorder calls fell for the first time in nearly five years. It wasn’t alot, roughly one percent, but at least it is moving in the right direction. Among the complaints seeing the most significant deceases year over year were:

  • Disturbance – 348 (8.8%)
  • Drugs -104 (13.2%)
  • Intoxicated Persons -128 (13.7%)
  • Landlord/Tenant Issue -70 (7.6%)
  • Noise Complaint -115 (9.3%)
  • Party Complaint -56 (13.2%)
  • Speeder -33 (13.2%)
  • Suspicious Vehicle -412 (10.8%)
  • TOTAL SOCIAL DISORDER: -910 (1%)

9.2 Property Crimes: B&E, Theft, Vehicle Theft 2014-18

There was a large spike in property crimes in 2015 as unemployment began to rise. The increase in drug use, especially crystal meth, has contributed to them remaining at high levels, placing further strain on police resources.

Between 2014 and 2018: Break & Enters rose 68.7% (3,994), Thefts increased 50% (9,903), and Vehicle thefts were up by 44.5% (2,131).

9.3 Person Crimes: Robbery, Assaults, and Sex Offenses 2014-18

Crimes against people didn’t see the dramatic increases in 2015 as property crimes did. There has however been a steady increase in the number of these crimes, especially the number of assaults and sex offenses.

Between 2014 and 2018 the total number of Assaults rose by 51% (3,037) while Sex Offenses were up by 63% (490). Among assaults, the number of assaults against police is seeing a dramatic increase, up 79% (150).

In 2018 Sex Offenses were up by a dramatic 63% over 2014 (+490).

10. Suicides

Sadly, the spike in the number of suicides in Alberta in 2015 was also to be expected, as the number of people who took their own lives rose by 22% over the previous year. The biggest increases occurred in 5 age groups: 25-29, 40-44, 45-49, 55-59, and 65-69.

A similar statistic is seen in Saskatchewan at the same time. Information from the Government of Saskatchewan shows that suicides rose by 27% in 2015 over 2014. Most significantly, the number of men rose by 43% year over year. This trend was not seen on other provinces, however there were other trends evident in other provinces, and at different times.

The suicide rate in Alberta, and likely everywhere else, is not a true representation of the number of suicides. I can say this with certainty because recently somebody I knew committed suicide, and their death was ruled an overdose. Had a complete death investigation done I’m confident the correct determination would have been made, but such investigations cost money and often aren’t done. Many suicide deaths are wrongly attributed to overdose, accident, or misadventure.

https://www.suicideinfo.ca/resource/alberta-suicide-stats-region-age/

Conclusion

The human impact of the economic crisis in Alberta has been immense. With over 200,000 unemployed, many for an extended duration, it is critical that steps be taken immediately to create an environment that will attract investment

Although Jason Kenney will do what he can to salvage the Alberta economy and get it moving forward again, the biggest impediment to a Alberta’s success is and will always be lack of pipeline access to a deep-water port. By opening up these markets, Alberta will ensure that it, and Canada, will receive the maximum benefit from Alberta’s resources.

Alberta’s fate is being left up to others to determine, and this has proven to be as disastrous in the past as it is now. The only way to end this is to either make some serious changes to the equaliztion formula (highly unlikely), or for Alberta to separate and control its own destiny (the best option).

The people of Alberta deserve better.

D.B.

Internet Exclusive. Causes of Action: The Facts of the Case Against The Government

The shocking and incredible elements of the case against the government.

Lawyers filed statements of claim in federal court in Toronto yesterday on behalf of eight Canadian veterans who are suing the federal government. Details of the suit were made available Wednesday night and,in an internet exclusive, I am publishing the details of the suit as described in the statements of claim.

The plaintiffs have presented a number of factual elements which they intend to prove in court, that will show that the government committed the following:

  1. Negligence
  2. Negligent Misrepresentation
  3. Breach of Fiduciary Duty
  4. Breach of the plaintiffs Section 7 Charter rights
  5. Battery
  6. Wilful Concealment
  7. Affected defendants mental and psychological state
  8. Misdiagnosis

Were the defendant in this case an individual or a corporation, it’s highly likely that they would also be facing criminal charges in Court of Queen’s Bench. But this is the government, and the only punishment available to them comes in the financial form. This means that the taxpayer is ultimately on the hook to serve the sentence whenever the government commits a crime.

What this is meant to do is to teach the government a lesson, that flouting the law comes at a price. It will then be up to voters to decide if the government deserves clemency or the death penalty, metaphorically of course.

Some of what is contained here could be upsetting. It is unfathomable that any government would treat its soldiers the way these defendants were treated, but yet it happened. It must be held accountable for these actions so that it never happens again.

CAUSES OF ACTION

65. Pursuant to s. 3 of the Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, the Defendant is directly and vicariously liable for any wrongs committed by DND, CAF or any of its employees and agents.

Negligence

The Government owed a duty of care to CAF Members. The Government knew or ought to have known that if it carried out its duties negligently, it could reasonably cause the kind of harm that was in fact suffered by the Plaintiffs.

The Government was required to:

a. use reasonable care to ensure the safety and well-being of the Plaintiffs;

b. obtain the införmed consent of the Plaintiffs before requiring them to take Mefloquine; and

c. use reasonable care in the operation, administration, prescribing, dispensing, managing, supervising, and monitoring of the use of Mefloquine.

The Government breached that duty of care by:

ordering the Plaintiffs, on pain of court martial, to take a drug that it knew or ought to have known was not safe and could have serious and long term adverse health effects;

ordering the Plaintiffs to take Mefloquine without conducting a proper medical screening for contraindications;

failing to provide a medication guide or other information to the Plaintiffs regarding the proper use of Mefloquine;

failing to adequately warn the Plaintiffs of the risks associated with taking Mefloquine;

failing to warn the Plaintiffs not to consume alcohol while taking Mefloquine because of the risk of adverse interactions with alcohol, including the greatly increased risk of experiencing mental problems;

failing to tell the Plaintiffs to immediately stop taking Mefloquine if they experienced any of the following symptoms: mental problems, including anxiety, depression, paranoia, hallucinations, feeling restless, confused or disoriented, unusual behavior or changes to mood; nervous system changes, including dizziness, spinning, ringing in the ears, loss of balance, seizures or convulsions; or issues with nerves, including prickling or tingling sensations, numbness and loss of an ability to feel pain or changes in temperature, a burning or sharp pain, loss of balance or co-ordination, feeling pain from a very light touch, or muscle weakness or paralysis;

ordering the Plaintiffs to continue taking Mefloquine after the above symptoms were reported;

failing to monitor or record adverse reactions and complications experienced by the Plaintiffs and other CAF Members as a result of taking Mefloquine

failing to properly investigate the side effects, adverse reactions and complications experienced by the Plaintiffs and other CAF Members as a result oftaking Mefloquine;

failing to consider and account for the risk of interaction of Mefloquine with other psychological conditions and injuries commonly experienced by CAF Members including anxiety, depression, post-traumatic stress disorder and traumatic brain injury;

failing to provide and/or consider suitable alternative anti-malarial drugs to mefloquine;

requiring that the Plaintiffs take an anti-malarial drug that was unsuitable for use in a military or combat setting;

failing to provide necessary medical treatment to the Plaintiffs in a timely manner;

failing to refer the Plaintiffs to appropriate medical specialists in a timely manner, or at all;

failing to administer Mefloquine to the Plaintiffs in a safe and competent manner;

putting its own interests ahead ofthe interest of the Plaintiffs by ignoring and remaining wilfully blind to the risks of Mefloquine to individual CAF Members; and

such further and other particulars as may become apparent and counsel may advise.

As a result of the Government’s breach of its duty of care, the Plaintiffs suffered damages as set out below.

Negligent Misrepresentation

The Plaintiffs were highly dependent on information provided by the Government regarding the risks posed by Mefloquine. The Government knew that the Plaintiffs would rely on information provided by DND and CAF to the Plaintiffs in order to make decisions regarding risks to their health and safety.

DND and CAF repeatedly represented to the Plaintiffs and CAF Members as a whole that Mefloquine was safe. These representations specifically downplayed or denied the risks associated with Mefloquine and were inaccurate, incomplete, false, deceptive and/or misleading.

Canada knew or ought to have known that the representations made by CAF and DND regarding the safety of Mefloquine were inaccurate, incomplete, false, deceptive and/or misleading.

The Plaintiffs state that Canada owed a duty of care to the Plaintiffs and is liable in deceit and/or negligent misrepresentation for the Representations that were inaccurate, incomplete, false, deceptive and/or misleading and as a result of which the Plaintiffs’ suffered damages as set out below.

Breach of Fiduciary Duty

The Government owed the Plaintiffs a fiduciary duty. The relationship between the Plaintiffs and the Defendant is one of complete trust, reliance and dependency. While in the Canadian Armed Forces, the Government had extraordinary and unilateral powers over the lives of CAF Members. Because of the hierarchical and authoritarian command structure of the CAF, the binding nature of enrolment in the CAF, the oaths and declarations required by CAF Members, and the strict requirement to follow all orders of superiors, the Plaintiffs were in a position of complete vulnerability and dependence on the CAF and DND. In particular, the Plaintiffs were at the Government’ s mercy regarding what drugs they were ordered to take prior to and during deployment. Prior to and while deployed, the Government was solely responsible for the protection of the health, safety and well-being of the Plaintiffs.

The Government breached its fiduciary duties to the Plaintiffs. The particulars of the breach include:

putting its own interests ahead of the interest of the Plaintiffs by ignoring and remaining wilfully blind to the risks of Mefloquine to individual CAF Members;

ordering the Plaintiffs to take Mefloquine;

ordering the Plaintiffs to take Mefloquine without conducting a proper medical screening for contraindications;

ordering the Plaintiffs to continue taking Mefloquine after adverse symptoms were reported; and

failing to safeguard the physical and psychological health of the CAF Members.

Charter claim (breach of s.7)

I’m just going to note here that Omar Khadr claimed that the government violated his section 7 charter rights. Should the plaintiffs win this case, they could get the $5,000,000 they are asking just for this cause alone. It’s still less than half of what was paid to a confessed murderer.

The Government’ s action in forcing the Plaintiffs to take a drug that seriously impaired the Plaintiffs mental and physical health and caused severe psychological harm is an infringement of the Plaintiffs right to security of the person as enshrined in s. 7 of the Canadian Charter ofRights and Freedoms. This infringement is not justified in accordance with the principles of fundamental justice.

The breaches of the Plaintiffs’ Charter rights are not demonstrably justified in a free and democratic society.

The Plaintiffs are entitled to a declaration that their Charter rights were infringed.

The Plaintiffs are also entitled to a monetary remedy pursuant to section 24(1) of the Charter in order to:

compensate the Plaintiffs for pain and suffering;

vindicate the Plaintiffs’ fundamental human rights; and

deter systematic violations of a similar nature by the Government in future.

Battery

The Plaintiffs assert that the forced ingestion of Mefloquine without their informed consent, in the circumstances pleaded above, amounts to battery.

Wilful Concealment

The Government has and continues to willfully conceal the fact that the injuries suffered by the Plaintiffs were caused by the fact that the Government ordered the Plaintiffs to take mefloquine.

Mental and psychological state

The Plaintiffs have suffered severe and debilitating mental and psychological conditions as described above as a result of taking Mefloquine and otherwise. As a result of these severe and debilitating mental and psychological conditions, the Plaintiffs were previously incapable of commencing a claim against the Defendant.

Misdiagnosis

The Plaintiffs have been misdiagnosed by doctors, including doctors employed by the government, as suffering only PTSD or Traumatic Brain Injuries, when in fact, the PlaintifTs were suffering from neurological and psychological injuries caused by mefloquine.

Stay tuned, there will be a lot more to follow.

D.B.

Exclusive: Read The Shocking Statements of Claim Here

8 vets launch actions seeking over $80 million in damages.

https://www.hshlawyers.com/blog/may-1-2019-3-mefloquine-lawsuits-filed-against-government-of-canada/

Law firm Howie, Sacks, and Henry announced today that they are launching three separate statements of claim on behalf of 8 veterans, who are seeking damages of over $10 million each.

They claim the government gave them the drug illegally and without thought for their health and safety. The blog reads in part:

… alleging that the Government, through the Department of National Defence, ordered members of the Canadian Armed Forces to take an anti-malarial medication known as “Mefloquine” without adequately informing CAF Members of the severe adverse reactions, despite warnings from the drug manufacturer.


Mefloquine is known to cause serious side effects that can persist for months or years and can become permanent.  Symptoms serious  include:
anxiety
unreasonable feeling that people are trying to harm you, do not like you, etc. (Paranoia)
depression
seeing or hearing things that are not there (hallucinations)
thought of suicide or harming yourself
feeling restless
feeling confused
unusual behavior  


Mefloquine can cause serious nervous-system problems in some people. Symptoms of serious nervous system problems include:
dizziness
a feeling that you or things around you are moving or spinning (vertigo)
loss of balance
ringing sound in your ears (tinnitus)
convulsions (seizures) in people who already have seizures (epilepsy)
unable to sleep (insomnia)


For more information on the Mefloquine Lawsuits, please visit: https://www.hshlawyers.com/expertise/mass-tort-class-action-litigation/mefloquine/, or call Paul Miller at 416-361-5990.

https://www.hshlawyers.com/blog/may-1-2019-3-mefloquine-lawsuits-filed-against-government-of-canada/

Claims and Damages.

These are some of the details of the damages being sought by each plaintiff, with each asking for over $10 million.

…general and aggravated damages arising from the Defendant’s breach of statutory and common law duties in the amount of $380,000.00;


a Declaration that the Defendant has breached the Plaintiffs’ s. 7 rights under the
Canadian Charter of Rights and Freedoms (“Charter”);
e. damages for violation of the Plaintiffs’ Charter rights pursuant to s. 24(1) of the
Charter in the amount of $5,000,000.00;


special damages in an amount to be determined, including future and anticipated
medical and out of pocket expenses;
punitive and/or exemplary damages in the amount of $5,000,000.00;


. prejudgment and post-judgment interest;
i. the costs of this action, including HST and other taxes as applicable, on a substantial
indemnity basis; and
j. such further and other relief as this Honourable Court may deem just.


The claims against the government in this case are assinine in nature, and they make me angry just having to read them. There were times when the conduct of the government appears to be criminal, but that has yet to be proven.

The details of all statements of claim are available by clicking the links below.

If you would like more information or to add your name to the list of litigants, contact Paul Miller at 416-361-5990, or visit the website at:

https://www.hshlawyers.com/expertise/mass-tort-class-action-litigation/mefloquine/

Further details as they become available.

D.B.

Breaking News: Plaintiff Veterans Release Statements of Claim

8 vets launch actions seeking over $80 million in damages.

https://www.hshlawyers.com/blog/may-1-2019-3-mefloquine-lawsuits-filed-against-government-of-canada/

Law firm Howie, Sacks, and Henry announced today that they are launching three separate statements of claim on behalf of 8 veterans, who are seeking damages of over $10 million each.

They claim the government gave them the drug illegally and without thought for their health and safety. The blog reads in part:

… alleging that the Government, through the Department of National Defence, ordered members of the Canadian Armed Forces to take an anti-malarial medication known as “Mefloquine” without adequately informing CAF Members of the severe adverse reactions, despite warnings from the drug manufacturer.


Mefloquine is known to cause serious side effects that can persist for months or years and can become permanent.  Symptoms serious  include:
anxiety
unreasonable feeling that people are trying to harm you, do not like you, etc. (Paranoia)
depression
seeing or hearing things that are not there (hallucinations)
thought of suicide or harming yourself
feeling restless
feeling confused
unusual behavior  


Mefloquine can cause serious nervous-system problems in some people. Symptoms of serious nervous system problems include:
dizziness
a feeling that you or things around you are moving or spinning (vertigo)
loss of balance
ringing sound in your ears (tinnitus)
convulsions (seizures) in people who already have seizures (epilepsy)
unable to sleep (insomnia)


For more information on the Mefloquine Lawsuits, please visit: https://www.hshlawyers.com/expertise/mass-tort-class-action-litigation/mefloquine/, or call Paul Miller at 416-361-5990.

https://www.hshlawyers.com/blog/may-1-2019-3-mefloquine-lawsuits-filed-against-government-of-canada/

Claims and Damages.

These are some of the details of the damages being sought by each plaintiff, with each asking for over $10 million.

…general and aggravated damages arising from the Defendant’s breach of statutory and common law duties in the amount of $380,000.00;


a Declaration that the Defendant has breached the Plaintiffs’ s. 7 rights under the
Canadian Charter of Rights and Freedoms (“Charter”);
e. damages for violation of the Plaintiffs’ Charter rights pursuant to s. 24(1) of the
Charter in the amount of $5,000,000.00;


special damages in an amount to be determined, including future and anticipated
medical and out of pocket expenses;
punitive and/or exemplary damages in the amount of $5,000,000.00;


. prejudgment and post-judgment interest;
i. the costs of this action, including HST and other taxes as applicable, on a substantial
indemnity basis; and
j. such further and other relief as this Honourable Court may deem just.


The claims against the government in this case are assinine in nature, and they make me angry just having to read them. There were times when the conduct of the government appears to be criminal, but that has yet to be proven.

The details of all statements of claim are available by clicking the links below.

If you would like more information or to add your name to the list of litigants, contact Paul Miller at 416-361-5990, or visit the website at:

https://www.hshlawyers.com/expertise/mass-tort-class-action-litigation/mefloquine/

Further details as they become available.

D.B.