PREAMBLE

There is now every indication that Premier King and Dr. Morrison are following a playbook for the response to COVID-19 that relies on a “quarantine the healthy” approach never before followed by medical experts; an approach also relying on a test (PCR) that can not even confirm the presence of the virus.  Restrictive measures (social gathering restrictions; social distancing; face masks; etc.) are being forecasted for the foreseeable future. This approach requires the extraordinary powers available when a Public Health Emergency is declared. Without such an emergency declaration, this nonsense ends.

If there is no proof that a public health emergency exists, or is likely to exist, it is wrong for the Lieutenant Governor to give her consent to such Executive Council Orders. I am therefore requesting proof from the Lieutenant Governor.  I am also giving notice of possible legal action in the event that no proof is forthcoming, and the Lieutenant Governor gives assent to subsequent Executive Council Orders declaring further 30 day extensions of the State of Public Health Emergency, and/or fails to rescind and nullify the Order in effect.

The following letter was sent to the Lieutenant Governor today:

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December 3, 2020

REGARDING

1. A Request for Information providing evidence proving the need to further extend, through Executive Council Order, a State of Public Health Emergency in PEI, and;

2. Notice of Potential Legal Action in the event that a further extension of a State of Public Health Emergency in PEI is issued by Executive Council without having provided sufficient proof that such is necessary, if such Order is supported by the Office of the Lieutenant Governor of Prince Edward Island and given the force of Law.

Dear Honorable Antoinette Perry,

Please consider this letter both a formal (1) request for information and evidence providing proof that there are legitimate and sufficient grounds justifying , and a (2) notice of potential legal action. I am hoping that legal action will not be necessary; however, I am preparing for that eventuality.

Evidence proving the need for a State of Public Health Emergency has never been provided to the Legislative Assembly by Executive Council, nor to the public. After extensive research into this matter, I am confident the PEI Government will not be able to provide such evidence and proof to you.

To avoid legal action in this matter, given that you will not be provided such evidence and proof, and will not, in turn, be able to provide that evidence and proof to me, will be for you to rescind the Executive Council Order currently in effect, and to refuse to give your approval to any further unjustified Orders seeking to extend the current State of Public Health Emergency in PEI in the absence of new evidence warranting same.

The public heath declaration has effectively nullified the Charter Rights of Islanders, significantly curtailed freedoms and the fundamental right to free association, and are inflicting untold harm. This can not be allowed to continue unless solid and convincing evidence is provided to you.  Your legal and moral obligation as our Lieutenant Governor prevents you from allowing such an unjustified acquisition of power by Government unless such is absolutely necessary, and proven necessary.

I have been researching and publishing information on COVID-19 for a number of months. As a professional investigator and freelance journalist [I once made it to the finalist category up against the Fifth Estate back in the early 1990s for a feature magazine article on the PVYn virus crisis in PEI. That research led to 2 separate out-of-court settlements of $15 million for PEI potato farmers, and another $15 million for NB farmers. I guided both legal actions as the lead consultant and researcher on the case.] what I have uncovered with the COVID-19 situation, and the PEI’s Government’s pandemic response, is absolutely shocking. If it was not, I would not be taking this extraordinary action.

The conclusions of my research leave me grasping for available strategies to address the great deception that has gripped the Island, turned things completely upside down with our own political and social agenda, and has abruptly removed our rights guaranteed under the Charter, all in the absence of any democratic decision-making process, all without any evidence [at least none that I’ve been able to uncover] justifying a State of Health Emergency.

Premier King recently noted in a news conference that Islanders can expect a State of Public Health Emergency for, in his words, “…the foreseeable future.” On what credible scientific and epidemiological basis is that forecast being made? What evidence supported such an ominous prediction immediately creating considerable anxiety and fear for our future?

Lieutenant Governor, Islanders are asking important questions for which they are not getting answers from our PEI Government. I am therefore asking that you obtain the answers for us….the evidence and proof needed to justify a State of Public Health Emergency. With so many anomalies, contradictions in health policies and their application, complete flip-flops on a number of key policy initiatives such as wearing face masks, etc., it is all the more necessary to scrutinize the evidence, as is supposed to be the way things work in democracies like ours, but suddenly is not working that way at all.

I won’t elaborate further on the many alarming features and facts that I have uncovered in my research concerning the current PEI Government’s response to COVID-19. The onus is not on me to provide evidence why the policy should not be in place; the onus is on the PEI Government to prove that a State of Health Emergency is justified.

If the PEI government can not provide credible and convincing evidence and proof warranting a State of Public Health Emergency, then I trust that you will not allow the Executive Council to issue such an Order again, and that you will use your power to nullify the Order in effect.

As a fellow Islander, as our Lieutenant Governor, I am appealing to you as the only person in PEI with the power (and sworn legal duty) to ensure that such proof is provided before these measures can be allowed to stand. I am seeking to have the rights and freedoms of Islanders restored by asking you to not allow a further Order continuing the State of Emergency in PEI, unless the PEI Government provides you with clear and convincing proof of the need for such a State of Emergency.

How did this all start?

The initial fear and uncertainty about what a new respiratory virus might bring to our shores was met with a strong response from the Canadian Government and all provinces and territories. That response was indeed justified at the time, given the unknowns and the predictions of Spanish Flu death numbers coming from the WHO. Then it was wise to follow the “precautionary” principle until more was known about the virus.

From March 14th until March 27th, 2020. every Province and Territory in Canada signed into effect their version of a Declaration of Emergency or Public Health Emergency laws. Within 14 days, the entire country was experiencing some form of lock-down or restricted movement, including PEI, despite there being only a fear of an “imminent” public health emergency.

At the time of the first announced lock-down, Canada’s population was approximately 38,000,000 and there were only two COVID-19 “related” deaths at that time, meaning all provincial and territorial declarations were excessive, unreasonable and unjustified with the imposition of such harsh measures. It seemed possible there could be a sudden onslaught of the disease for which we were unprepared, so “14 days to flatten the curve” sounded like common sense, but has since turned into eight months of closures, excessive and intrusive public health policy, economic devastation and a swift dismantling and disregard for democracy.

It was unequivocally and unanimously stated by all Public Health Officials at that time that the purpose for States of Emergency and lock-down measures and restrictions was only to delay the spread of the virus to allow for better preparation, and to ensure a sudden, expected spike in hospitalizations would not overwhelm the system.

There has been no adequate explanation to this day for why that rationale was not followed as presented to Islanders, with lock-downs being lifted after a few weeks as promised. What changed to justify their continuation without any further mention or reference to how they were supposed to end once the curve was flattened?

There are also safe, cheap and effective treatments available now that can greatly reduce the number of hospitalizations and death mortality rate, even among the very elderly. The death rate in Canada, which has been comparable to a bad influenza season, has resulted in almost no deaths in the entire population less than 60 yrs of age. These new treatments, if allowed, are sufficient evidence in and of themselves to conclude that severe quarantine measures under a State of Public Health Emergency are not warranted in PEI, especially given the weight of new double-blind and peer-reviewed scientific studies supporting the effectiveness of these treatments.

It seems that quarantines were based on errant modelling from the beginning, with worse-case scenario projections never coming close to materializing, but created an intense climate of fear nonetheless. Compliance with restrictive measures came easily and voluntarily from Islanders then…but that is no longer the case, as these measures continue without the necessary justifications, in the face of countless contradictions, policy flip-flops, and anomalies smacking of blatant political interference (e.g., how many people can attend social or economic events vs. Church attendance, etc.).

How sadly ironic that the things these lock-down measures is causing more than anything is “damage to property” and negative impacts on the “welfare of people”….the very things it was supposed to prevent.

DEFINITION OF EMERGENCY: Definition (c) “emergency” means a “present” or “imminent” event in respect of which the Minister or municipality believes prompt co-ordination of action or special regulation of persons or property must be undertaken to protect the health, safety or welfare of people or to limit damage to property

9 – Declaration, state of emergency

1. The Minister may at any time, when he is satisfied that an emergency exists or may exist, declare a state of emergency in respect to all or any area of the province.

Consider the following facts:

• Current estimated population of PEI = 156,947
• COVID-related deaths in Prince Edward Island on March 16, 202O = 0
• COVID-related hospitalizations in Prince Edward Island on November 29, 2020 = 0
• COVID-related deaths in Prince Edward Island as of November 29, 2020 = 0
• COVID-related deaths = 0.00000000000000% of the population of Prince Edward Island.

Prince Edward Island’s unemployment rate is currently at 8.5%, an increase of 14.86% from one year ago. There is no need to bring your attention to the many other severe economic impacts happening, and how further lock-down measures made possible by the powers granted in a State of Public Health Emergency are likely to significantly worsen the situation, pushing many more small Island businesses over the precipice into default, creating long-term negative impacts on our economy, society and population.

There are incredibly alarming statistics concerning the deaths in other provinces from such things as drug overdoses, suicides, cancelled surgeries and treatments, fewer diagnostic screenings and early disease detentions leading to earlier deaths, etc., all of which are directly tied to lock-down measures. There are also grave concerns being expressed by mental health workers and social workers about what this “new abnormal” culture of fear and government-mandated “face masks” will do to the long-term development and mental health of our children.

The PEI Government has an obligation to provide a clear, cost-benefit analysis for these restrictive measures, many of which are scientifically-shown to be of little or no benefit, yet the PEI Government continues to employ them….why? I am seeking scientific evidence proving these actions and measures are indeed necessary.

I am asking for that proof, which, as I mentioned at the outset, I do not believe exists, so will most likely not be forthcoming. If it doesn’t exist, as I suspect, then PEI should not be in a State of Public Health Emergency, unnecessarily granting such broad powers over our lives to government.

The definition of a public health emergency; that a “public health emergency presently exists,” or; that there is any chance that such an emergency is “imminent,” is simply not possible now, with what’s been learned about the disease and the high success rates of available treatments.

By sending you this Notice, I recognize I am bringing to your attention that the emergency measures being enacted by the Lieutenant Governor, actioned by the Public Health Department, sanctioned by the Provincial Legislature, issued as an Order of Executive Council, and enforced via the Department of Justice, RCMP and local law enforcement to be unjust, unconstitutional, and in direct violation of the Nuremberg Code.

If the above mentioned bodies wish to continue to enact, action, sanction and enforce these Declarations of Emergency, the following disclosure of information must happen within 21 days of receiving this Notice and must directly satisfy the definitions outlined in the Act:

1. What was the scientific evidence upon which the PEI Government declared a public health emergency last March? At that time, there were just 2 deaths nationwide;
2. Verifiable scientific proof and legally-factual evidence that the COVID-19 virus has been isolated and identified in PEI;
3. Proof that present testing methods (PCR) are effective and accurate at discerning viral spread, despite their admitted, and excessive, false-positive rate;
4. Proof that prolonged mask wearing will NOT cause Hypercapnia, Hypercarbia or Respiratory Acidosis in the wearer;
5. Proof that prolonged non-medical masks worn in the community provide a statistically-significant reduction in the long-term spread of respiratory viruses such as this strain of coronavirus
6. Proof that the so-called “Dr. Zelenko Protocol”, a treatment regimen involving zinc, low-dose hydroxychloroquine, and azithromycin, which is apparently being used successfully as a treatment against COVID-19 in many countries throughout the world, is not, in fact, safe and a highly effective treatment, as Health Canada has declared;
7. Proof that present COVID-19 measures do not contravene the rights and freedoms of the people of PEI, as enshrined in the Charter of Rights and Freedoms;
8. A complete list of all Medical Advisors and their credentials, and full document disclosure of all medical evidence used to support the need for a state of Public Health Emergency in PEI.

Please provide the requested written proofs of claim (points 1-8) in its entirety. Failure to do so will be deemed to mean no such proof exists and that you, in your capacity as Lieutenant Governor of Prince Edward Island, are not in possession of the evidence required to justify further support of a Declaration of Emergency related to COVID-19 and the novel coronavirus (Sars-Cov-2).

Failure by the Lieutenant Governor’s office to produce the aforementioned information within 21 days from this notice will confirm, that you as Lieutenant Governor, Honorable Antoinette Perry, are without grounds for authorizing or allowing any further Orders extending PEI’s State of Public Health Emergency. It is already the case that the measures being employed under the State of Emergency have, and will continue, to cause far more harm to PEI and Islanders than COVID-19. In the absence of strong proof warranting their continuance, they should end immediately.

The public health emergency allowed under the Act is for a maximum time period of 30 days. The Premier of PEI has recently made a public statement that a new Order in Council extending the Public Health Emergency will be issued by Executive Council each month for “…the foreseeable future.” What is the basis and proof justifying such alarmist predictions?

Lieutenant Governor; you have significant powers that can force a response to the key questions that need to be answered before we can be certain an abuse of power is not taking place in PEI. Our tiny province is in a tremendously vulnerable position at the present time, and non-compliance with health measures expected by the Federal Government that may be unconnected to the PEI situation and inappropriate, given we have no community spread, and, of course, being an “Island,” able to absolutely control points of entry, which provides us with unique opportunities to forge a unique response to COVID-19, could jeopardize federal financial payments and transfers.

Several months ago, Dr. Morrison indicated that she would not impose a mandatory mask policy unless there was an outbreak in PEI; yet, when other provinces toughened lock-down measures a couple of weeks ago, PEI launched a mandatory mask policy for all public places, despite there being no outbreak of COVID-19 and no community spread whatsoever….why?

I regard you as the last guard against the abuse of democratic power under the current scenario we are living, if, in fact, the exercising of that power is based on a “pretense” of a health emergency and not a real one, which I’m quite certain, unbelievably, is sadly the case.

With this same scenario being played out globally, simultaneously, apparently on cue with some coordinated plan, for what reason exactly the world is still trying to figure out, it simply can’t be allowed to play out in PEI without critical circumspection by you and your office. The PEI Government has an obligation to provide you with that proof to win your support, and, as a result of my request to you for this information, hopefully you can then provide that information to me.

I wonder if Islanders appreciate the incredibly important and powerful role you have in our democracy. You are indeed the last bastion of defence against tyranny – demanding from Government a justification for how it exercises its power and treats its citizens: you can prorogue and dissolve the provincial Assembly; select the provincial premier and even dismiss a government, which are not at all formalities, but (thankfully) incredibly powerful actions you rarely need to take.

I see an important action you may need to take on the horizon: requesting detailed, clear answers and information that demonstrate with convincing evidence that further extensions of a Public Health Emergency is warranted. If such is not provided, you have the duty and authority to refuse assent to such Orders, or rescind such an Order if necessary.

The Health Emergency Orders we’ve been living under never came about from an assessment of the PEI situation. If it had, there would never have been an Order, because there has never been any evidence of a health emergency from COVID-19. None. So the Orders were – and continue to be – entirely premised on modelling and predictions related to the likelihood of an “imminent” health emergency; however, there has been no evidence of those predictions materializing. What is the scientific basis for the predictive modelling upon which PEI continues to rely? I want to see that information as well.

That imminent emergency situation didn’t happen so far – in fact, no pandemic disease situation happened at all in Canada, with not a single hospitalization to date in PEI, yet the harms on individuals, families, businesses and our entire economy, culture and society are catastrophic, as further and harsher lock-downs are pondered on news of a single positive in a child, despite the fact that very, very few children get seriously sick or die from this disease.

The demographic characteristics of COVID-19 are comparable with seasonal influenza, with respect to the overall impact on the population; however, there are far more impacts on children from influenza, depending on the strain of course, than COVID-19:

The PEI Government’s rapid and harsh measures in response to news of a world Pandemic of a new and deadly pathogen likened to the Spanish Flu did not result from any democratic consultations or process within PEI. The Public Health Emergency was simply announced, and came as a result of outside forces coming down the pipe from the World Health Organization (WHO). PEI did not undertake an adequate risk-benefit analysis at the time (for obvious reasons) and never assessed the true costs of those measures.

Much has been learned about the virus since that time, however, to my knowledge, no cost-benefit analysis, or even tracking and calculating those costs, has yet been undertaken by the PEI Government to provide evidence that further Orders in Council extending the Health Emergency are both defensible and needed.

It appears there is a lack of any scientific confirmation that there has ever even been an actual case COVID-19 in PEI (the PCR test being used is apparently incapable of providing such a confirmation).

I recognize this request is substantial and will require significant work; however, the issues at the centre of this request for evidence and proof of a need for PEI being in a State of Public Health Emergency are of great public interest and concern, and are substantial. The lack of transparency with the PEI Government and its refusal to initiate public consultations or discussions, leaves me with no other option but to hold you accountable for allowing those unjustified Orders to become law.

Failure to respond, as requested, will further serve to confirm your acceptance of the full commercial liability for any and all damages associated with these measures, for which future notices of claim may follow.

Sincerely,

Kevin J Arsenault, PhD