Court File No. SI-GS-29657  

SUPREME COURT OF PRINCE EDWARD ISLAND 

(GENERAL SECTION) 

BETWEEN:  

GYORGY KISS 

 Plaintiff 

and 

HEALTH PEI 

 Defendant 

RE: SUBMISSION ON THE MOTION TO BE HEARD MARCH 1st , 2023, SEEKING TO AMEND THE STATEMENT OF CLAIM TO ADD KEVIN J. ARSENAULT 

AS A DEFENDANT TO THE PROCEEDING, ETC. 

Preamble 

This submission provides materially-relevant information related to issues to be deliberated and decided in the  Motion Hearing scheduled for March 1st, 2023; a Motion seeking to add Kevin J. Arsenault as a Defendant to  the action currently underway between Mr. Gyorgy Kiss and Health PEI.  

I am submitting this information to assist the Judge in reaching a fair and efficient ruling, for the maximum  benefit of the Court and all Parties involved, and in the service of both truth and justice. 

I will not be attending the Hearing, so I would kindly ask the Judge handling this case and all Parties to give  careful consideration to what is contained in this submission in advance of the Hearing. This document aims to do the following: 

(1) Clarify and correct certain statements and claims that have already been submitted to the court by one  of the two Parties to this action, along with other relevant statements and claims that have otherwise  been made public by Mr. Kiss, and are likely to be submitted to the Court eventually, with the main 3  sources of information for those statements and claims being:

(a) The initial “Statement of Claim” against Health PEI; 

(b) The Record for this Motion, and; 

(c) Information posted online by Mr. Kiss in an extensive Health PEI Lawsuit  

Website documenting each step in the legal action, from the Plaintiff’s point-of-view,  with relevant documents attached, and; 

(2) Provide a clear sense of the resources I will be required to employ to mount an effective defence due to  the complexity of the matters pertaining the particular claims being made against me determining the  counterclaims I will need to prove (i. e. ,“that there was indeed an important ‘public interest’ motivating me to publish information about HIV status”; “that Health PEI/CPHO refused to inform the public of a  number of serious COVID-19 matters of great ‘public interest’, and could therefore not be trusted to  inform about the significance of a COVID-19 patient having HIV,” etc.). 

 THE “ERR ON THE SIDE OF CAUTION” APPROACH IS NOT APPROPRIATE  

I appreciate that it’s likely not immediately obvious to the Court that there are no legitimate grounds justifying  a decision to add me as a Defendant in this action (hence, this document). 

I am also aware that the “safe route for Courts” at all levels across our country when ruling on Motions asking  to amend originating pleadings and add defendants has been, for the most part, to permit the addition of new  Defendants, with an“err on the side of caution” approach. More recently, those rulings have required the  Plaintiff to post costs as security to cover any potential cost award to the new Defendants allowed to be added,  in the event the ruling sides with the person(s) added, especially if the Plaintiff resides outside the jurisdiction  in which the litigation is being adjudicated. 

In the current instance, however, there are very unique and complex circumstances at play which make the  “err on the side of caution” approach both inappropriate, costly, and unnecessary. If I am added, to properly  inform the Court of all those unique and complex circumstances at play at the time that I posted about a person with HIV in the hospital will require significant time and substantial resources and costs that will impact the  current case in a significant way. Someone will need to eventually cover those costs, because I am confident I  will be able to prove my counterclaims, the main one being that there was indeed a significant “public interest” justifying the publication of the HIV status of the first COVID-19 patient in the ICU of the Queen Elizabeth  Hospital in Prince Edward Island in April, 2021.  

It will not be possible to understand the basis of my counterclaims without first gaining insight into the  contextual, historical reality in which I was working as an investigative researcher at the time, publishing daily on the pandemic and interacting with hundreds of Islanders weekly, in the early months of 2021 at the time of  the incident in question, and for at least a year prior. 

The unfounded claim now threatening to ruin my reputation as a professional researcher will also completely  destroy my ability to earn a living, which I’ll say a bit more about below. I will also provide some evidence that is already available to the Court to show that I was in full compliance with all the relevant laws and privacy  polices, and how I was never “uncooperative” with either the Police or Health PEI, as claimed by Mr. Kiss  (Part 1 below). My entire career and livelihood depends on my being able to protect my reputation, one I  worked a lifetime to build. 

RECONSTRUCTING THE “FULL, FACTUAL MATRIX” CENSORED INTO OBSCURITY

The COVID-19 pandemic was intentionally hyped and blown out of reasonable medical proportions around  the world to instill fear in people, and to justify the invocation of “emergency measures” necessary  to expedite the global release and distribution of mRNA vaccinations.  

After the World Health Organization declared a global pandemic, Islanders were immediately pummelled with  messages that would lead any reasonable, trusting person to believe our Chief Public Health Officer, Dr.  Heather Morrison when she falsely declared a whole range of things, including that everybody was at the same risk of infection from this deadly pathogen, despite scientific knowledge that was available at the time  completely disproving that to be true, to which was being verified daily by what was actually happening “on  the ground” with the virus, i.e., only immune-compromised and the very elderly and frail were dying.  

We were all told daily that nothing worked but the vaccinations that we were patiently waiting to see arrive  and be rolled out, and that everybody and anybody, regardless of age, health-status, etc., could also be silent or  an “asymptomatic” carrier and spreader of the virus, another lie used to fraudulently justify the imposition of  mask-wearing measures, that had already been roundly and thoroughly proven to be without any merit by  scientists, and very harmful (over 160 scientific studies available AT THAT TIME agreeing with that  conclusion); and lock-down policies only made legally-possible through the suspension of our Constitutional  Rights and Freedoms, which was itself only made possible as a result of a fraudulent declaration of a “health  emergency”…draconian measures that otherwise would not have been legal without those unnecessary and  fraudulently-imposed emergency measures being in place. All of this is now quite easily proven, if one can  navigate the censorship, which, honestly, I haven’t been able to do. 

Nonetheless…many provinces and jurisdictions have now been forced to openly admit that the COVID-19  deaths their hospitals reported may not have actually been caused by COVID-19. How could that happen?  Fraud. They were declared as such on the basis that they tested positive with a PCR test, which was also  proven to be completely unreliable, generating ridiculously-unacceptable rates of “false positives”, all to  “boost” the numbers to hype the fear to overcome “vaccine hesitancy” which was largely how the truth was  systematically censored – contracts to media and consultants to combat anything that might dissuade people  from getting jabbed with something known to be completely ineffective and dangerous. 

It was obviously important for me to do whatever I could to bring these covered-up realities and scientific facts to the public when the first hospitalized case in PEI had an immune-compromised condition that was not  reported. I KNEW at that time that the excessive fear leading people to take a dangerous injection that was  ineffective and unnecessary (with existing effective treatments being available, albeit “banned and  suppressed”) that had been generated by the CPHO with virtually “daily updates” – a relentless campaign of  extremely dire ‘forecasts’ being drilled into Islanders forecasting mass deaths IF ISLANDERS DIDN’T GET  VACCINATED. All that was fraudulent, completely baseless in science, in fact, easily dis-proven with  legitimate peer-reviewed science, and totally unwarranted. Another agenda was clearly being pursued other  than the one that should have been front and centre, ensuring the well-being of Islanders. 

Deaths from the virus at that time were almost exclusively in 2 groups of people, making it clear that it was  widespread but not a serious threat to most people: (1) the very elderly, who were frail people; and (2) people  who were immune-compromised. The fact that the first ICU patient in the QEH had HIV was actually not  surprising to me at all when I heard that from the whistle-blower who contacted me, especially when I heard  that he was “in his 40s”. That fact alone reinforced what I already knew to be true about the virus, and further  prompted me to share with Islanders that information to mitigate the excessive fear caused by all the false and 

irresponsible predictions of apocalyptic numbers of dead Islanders from COVID-19.

There was, at that time and in the preceding months a tremendous amount of unwarranted fear generated with  dire forecasts, followed immediately with a reminder that the “promise of salvation in needles” was on the  horizon, falsely hyped as the only solution despite proven, effective treatments that were systematically denied patients who could have been cured, but then died. 

That fear was causing a tremendous amount of negative health impacts among Islanders, both physical and  mental, substance abuse, suicides, etc., which I was learning about more than I wanted to, receiving many  messages from Islanders daily, tragic stories dripping with the remnants of all that irrational fear about the  virus, all as a result of that unwarranted hype simultaneously pushing fear and dangerous injection. At one  point, with NO science to warrant such a public statement whatsoever, PEI’s CPHO, Dr. Heather Morrison,  

told Islanders that UNLESS ISLANDERS GOT mRNA INJECTIONS there could be more than 5,000 deaths  from the virus.  

By the Spring of 2021, several effective, safe and cheap drugs were systematically being suppressed by Dr.  Morrison that could have helped those patients in the Hospital. PEI’s CPHO aligned with a politically motivated, unscientific ban of these therapeutic treatments despite having at her disposal scientific evidence of  the effectiveness of those treatments. The ban of those treatments from use – that Dr. Morrison went along  with – was to pave the way to fraudulently declare that it was necessary to authorize the interim use of the  experimental gene therapies (mRNA vaccines). 

I received over 300 pages of internal COVID-19 related material from Health PEI that came through a FOIPP  request, and they contain strong evidence of Dr. Morrison’s knowledge at that time (Spring, 2021 and before);  evidence of the effectiveness of various therapies she nonetheless refused then (and continues to refuse) to use  

for the benefit of infected patients, again, justifying her betrayal of Islanders needing medical help by citing  the national ban against those proven treatments. That is NOT GOOD ENOUGH for patients denied treatment  by doctors taking the Hippocratic Oath, I’m afraid. Not good enough at all! 

Hydroxychloriquine with what was known as the “Zelenko Protocol” was available; and by April of 2021  Ivermectin was available as well, with reams of scientific evidence of its safety and proven effectiveness as a  treatment for COVID-19.  

The Association of American Physicians and Surgeons (AAPS) filed its Motion and amicus brief with the  federal district court in Galveston last September urging it to allow the lawsuit to proceed against the FDA for  its misleading statements against Ivermectin. In Apter v. HHS, a group of physicians sued to hold the Food and  Drug Administration, a federal agency within the Department of Health & Human Services (HHS),  accountable for its interference with physicians’ ability to treat Covid-19. 

Lawsuits are also underway in many places, including one launched by 4 doctors in Alberta, against the  interference in the delivery of medicine and treatments by doctors banning effective treatments, or making  medical treatments mandatory to work in the health profession (vaccine mandates, the case by Alberta  doctors). 

ESTABLISHING THE FACTS AND PROVING GROUNDS IS GOING TO BE COSTLY 

Thankfully, as a result of my reputation and extensive prior work investigating COVID-19, I do have access to  exactly the kind of international experts I will need to prove my case by way of a defence against false claims.  These are top-shelf, international experts who have the credibility and expertise to provide the PEI Supreme  Court with the necessary sworn testimony on complex medical issues relating to disprove the claims being  made against me by Mr. Kiss and will be able to complete whatever part of that “obscured truthful factual 

matrix” alluded to above necessary to satisfy any questions the Plaintiff, existing Defendant, or Judge handling this case may have, including questions relating to:  

(a) The science with the mRNA injections and their harmful impact on the immune system;  (b) Fraudulent reporting of COVID-19 patient data that was happening in the Canadian and PEI healthcare systems during the time Mr. Kiss was hospitalized; 

(c) How scientifically-proven “effective” treatments for COVID-19 were suppressed and  banned by Canadian and the PEI hospital as the lie that only mRNA injections could end  the pandemic was promulgated and used fraudulently as justification for an unjustified “health  emergency,” waiving the necessity to meet Canadian Regulations ensuring vaccines are tested  rigorously and proven to be “safe and effectiveness” (such emergency measures can not  be implemented if treatments are acknowledged to exist.); 

(d) I will need to employ significant and costly resources to defend myself against this  unwarranted attack on my professional reputation, mostly by employing appropriate  legal counsel and expert witness testimony; 

(e) How people with Immune-suppressing conditions or diseases were at a much higher risk  of serious outcomes from COVID-19 infection; 

(f) How the genetically-engineered ‘spike-protein’ injected into people as vaccines affects  the elderly and people with underlying immune-compromising diseases and conditions such as  HIV far more seriously than those without such conditions and diseases, and; 

(g) How there was an irrational political and media campaign created prior to and during the  time of the hospitalization of Mr. Kiss generating greatly-heightened fear and anxiety within  the Canadian and PEI populations. 

Addressing these issues will be the only way for me to present to the Court the evidence I will need to present  and have explained, understood and recognized as indeed “uncontested expert testimony” if I am to properly  explain why it was of significant public interest to have been made aware that the person reported by Health  PEI to be in the ICU of the Queen Elizabeth Hospital (QEH) had HIV. 

THE IMPORTANCE OF PUBLISHING HIV-STATUS; PEI CPHO COVER-UP AND FRAUD  Two things will be established in my Defence (if I am added and forced to present one):  

(1) evidence countering the claim there was no public interest in knowing about HIV status, and; (2) evidence to establish fraud and cover-up within the Chief Public Health Office in PEI. 

Proving fraud and cover-up within the Chief Public Health Office in PEI is necessary to address the matter of  why (presuming I can prove that there was, and remains, a legitimate public interest regarding the disclosure of HIV status as a result of how mRNA vaccines damage the immune system, or simply from the “spike protein”  in the virus itself) the CPHO herself, Dr. Heather Morrison, would not make that information public.  

The evidence I will present will show how the CPHO was covering up and denying publicly and in written  correspondence things she knew to be true, serious, and of great public interest; things she should most  definitely have made public. 

I will present documentary evidence and testimony proving fraud within the CPHO to make it clear why I felt  compelled at the time to voluntarily try to inform the public of those things they were being lied about to by  our own CPHO. 

As hard as it is to believe and stomach, the evidence is clear – there has been collusion, corruption and cover up happening from the outset with our CPHO, but Islanders have been deliberately kept from knowing about  any of that, as a result of organized censorship of information that ignores or shuts down anything that  challenges the official false narrative. The Court, and PEI Public, will see the goods in a respectable and  official forum finally, if I’m added. 

That will afford me an opportunity to present officially, with confidence, this incredibly-important, highly censored information that is still negatively impacting and affecting so many Islanders. Being forced to do that  by being added as a defendant and made to “defend myself” against false claims, will however, come at a  substantial cost.  

If the claim being made against me by Mr. Kiss is true – which it isn’t, but I fear most will believe it is true,  because explaining how disclosing HIV status was a matter of significant public interest has been a seemingly  impossible task for me, with all the censorship happening against me on social platforms. 

Let’s assume for the sake of argument that what Mr. Kiss is alleging against me was true. For me to have  published that particular detail about Mr. Kiss for no good reason, no reason of genuine ‘public interest’, is  strong evidence that I’m not a very nice person, intolerant at best….at worse, a ‘homophobic’ person with a  malicious intent to target and ruin the lives of gay citizens and residents in PEI, whenever the opportunity  affords itself, given his social media following, as it did in this case.  

Think about that for a minute! That’s what Mr. Kiss is essentially telling the world I did. He’s saying that’s the  kind of person I am. My reputation has been that I am a man with the very highest ethical standards in my  admittedly-controversial “calling” which involves publishing information of public interest, to stimulate both  social change and government accountability…. my bread and butter! 

1. KISS HAS PUT MY ‘BREAD AND BUTTER’ IN JEPROADY

My reputation as a bono fide, trusted, ethical, professional and competent researcher and investigative  journalist is the basis upon which I earn a living, and always has been, regardless of the particular job,  position, organization, campaign, or project I was contracted to work on at the time, which has led to an  exciting and varied career. Again, I say this with force to give fair advance warning that the costs of my  defence will be substantial.  

I have spent my entire life working with countless groups and organizations making sensitive information  public, and I have never, ever been found to have violated any laws, nor the privacy rights of any individual,  and I have always honoured my promise to whistle-blowers not to disclose their identity. 

My confidence in being successful if added as a Defendant (i.e., that the claims against me are frivolous and  vexatious) comes from two things primarily:  

(1) An extensive network of experts I had at my disposal at the time I posted the article, which I continue  to have at my disposal to fight these unwarranted allegations against me, and: 

(2) A lifetime of experience publishing sensitive and controversial information of public interest to bring  about political and social change with both the proven professional knowledge and track record to  prove to the Court that I did not violate privacy rights in this case. 

My professional work has involved investigative research and publishing socially-relevant (and often  controversial) material for over 40 years doing professional research, information analysis, and making 

sensitive information available to the public, usually as part of organized campaigns to bring about change,  most often also involving action campaigns, efforts to expose cover-ups within government, and demands for  both more transparency and disclosure on targeted issues, all in the public interest of ensuring governments are both transparent, democratic, and accountable to the electorate. 

My work has exhibited these same features in a varied career: a professional researcher in the fields of ethics  and theology (PhD from McGill University in Montreal); career positions involving publishing with national  and international organizations [Executive Director (ED) of the National Farmers Union; ED of the Jesuit  Centre for Social Faith and Justice; Director of the the Canadian Division of the International Jesuit Refugee  Relief Program; President of Rural Dignity of Canada; ED of the PEI Association for Newcomers to Canada];  over 20 years teaching ethics, Religious Studies, Canadian Studies, Political Studies courses at UPEI on a  sessional basis, and numerous professional contracts with lawyers and law firms doing investigative research  on civil litigation cases, including major class action civil litigation actions (PEI and NB), cases initiated by  me following my publishing and exposing negligence by the Federal Government, in both PEI and New  Brunswick. 

I taught many courses in ethics and religious studies at UPEI, on a part-time basis for over 20 years. In the  early 2000s, I was granted the role of ‘expert in ethics’ by the Chair of the Department and designated the  spokesperson on social issues having ethical significance, also the person who media and others were to be  directed to in the event a response was required from the Department.  

Throughout the course of all that work over a 40+ year period I have published thousands of articles in many  different formats and forums, including magazines, newspapers, journals, submissions to government standing  committees, briefs and formal reports, and several books, two of which I conceived and edited.  

Throughout my extensive career in these varied positions and roles, in all those many hundreds of instances of  publishing information dealing with sensitive and often very controversial information, often information that  was intentionally-kept secret and from public eyes, I have never had my professional reputation sullied, despite 

many attempts; however, I have never been sued before, or threatened with a lawsuit even. That’s because I  have always been cognizant of the fact that my good name and professional reputation is my “bread and  butter,” so I have always acted professionally. I have never given anyone grounds to sue me, as is also true in  the current instance; however, unfortunately, as a result of convoluting circumstances, those grounds are not as  visible and easily understood as they have always been for me in the past. 

It’s hard to recover from a fall from those respectable ‘ethical’ heights in the eyes of our Island community  when an accusation is made against you by a gay man that I caused him – for no obvious good reason – to be  shunned in his community, to have to sell his house at a loss and move back to Ontario…all because I targeted  him by starting a rumour that I apparently knew would grow in his equally-intolerant community and ruin his  life.  

1. MY ADHERENCE TO LAWS AND POLICY IS WELL-DOCUMENTED  

I don’t publish material without first investigating whether I might be violating a law and/or the privacy rights  of individuals. I believe I will be able to demonstrate that to the court; namely, that I had no reason to believe  that what I had published would ever be “connected” to a person in the community when I posted on FB.  Already the “presumption” presented in the documentation – and the opinion of the Information Commissioner – is that such a expectation of connection was reasonable to make, so it is important to understand clearly why  that is not – for me – the case at all, and it is not the case because I am a professional in this field. 

I always follow necessary protocols and laws meticulously when publishing to ensure I do not put myself at  risk of legal action, but more importantly, so I don’t violate the privacy rights of individuals I am writing about. I never have any interest in publishing personal details outside the scope of a legitimate public interest in an  issue I belief of importance to others, to society in general. 

What was important to me – and the person who provided the information to me as a whistle-blower – was two things: first, that the individual had HIV; and second, that Health PEI did not disclose that important  information to the public, saying nothing at all about an underlying health condition.  

I always ensure compliance with the highest legal and ethical standards to which any blogger or person  publishing sensitive information would be expected to follow and held to account, so I’m saying a lot here to  impress the point in this advance document to fully inform the Court that I have intricate knowledge of the  Canadian and PEI laws pertaining to “receiving and disclosing information of public interest,” and that I am  confident I will be able to demonstrate that I adhered to those ethical principals and laws in this instance. 

1(a) – Facebook Policy Protecting Private Health Information Policy 

Mr. Kiss mentions on his online timeline [See:https://healthpeilawsuit.com/%5D that he had asked Facebook to  remove my post:  

“Facebook Request April 27, 2021: ‘Asked facebook to remove the post, but they refused as it did not  violate their policies.’ [My emphasis] 

Facebook did not make this decision because it has a substandard “health privacy” policy. FB’s policy  regarding the disclosure of personal health information is very strong:  

“Privacy and the protection of personal information are fundamentally important values for Facebook. We  work hard to safeguard your personal identity and information and we do not allow people to post personal or confidential information about yourself or of others. We remove content that shares, offers or solicits  personally identifiable information or other private information that could lead to physical or financial  harm, including financial, residential, and medical information, …. [See:  

https://transparency.fb.com/policies/community-standards/privacy-violations-image-privacy-rights/] 

FB confirmed for Mr. Kiss that I was in full compliance with this strong policy, which should have been  enough to prevent Mr. Kiss from attempting to add me to the action it itself. 

1 (b) = Claims of being “uncooperative” with Health PEI and Police are not Accurate 

On a “timeline” contained in a publicly-available website mentioned earlier it states: “April 27, 2021 Lynn Drake confirmed that the communication office has reached out to Kevin J  Arsenault and asked him to remove the post last week. She also spoke to the privacy manager at the  hospital but she was not sure if the post has been removed yet or not.” 

The court should be aware that at no time was I officially contacted by any person from the Communication  Office in Health PEI about this matter. I did receive a message on FB messenger from someone claiming to be an employee of Health PEI (I can’t remember the name of the person, and I didn’t save the message) which I  ignored, assuming it was a hoax, i.e., someone trying to get me to remove the post.  

Premier King had been making statements in the Legislative Assembly and public around that time, and  before, assuring Islanders that “official” business never happens in his government outside the legitimate and 

official means of communications available to government, such as government emails, i.e., the “official” ones that would generate public records that would then be available to citizens like me through the FOIPP. process  FB Messenger is not among those legitimate means of communication.  

On that same day (April 27, 2001) Mr. Kiss claims to have then also contacted Jeanne MacDougall, the  Privacy Manager with Health PEI, on the advice of Ms. Drake, stating that: 

“She [Ms. MacDougall] also advised us that since the Facebook post is still online and Kevin J  Arsenault has been ignoring their communication request, that we should contact the police to try to  have him remove it.” 

To reiterate, I was never contacted by anyone in Health PEI, or if I was, I didn’t recognize it as such at the time because it did not come to me through the official communication means I considered to be legitimate. 

Mr. Kiss further portrays me as uncooperative with the police saying: 

“May 4, 2021 – Spoke with Cpl. Bill Almon who told us that he reached out the [sjc]Kevin J Arsenault,  but he was not cooperating and he is not expecting him to remove the post.” 

ADD CONVERSATION

Two things are evident from the verbatim transcript of my telephone conversation with Cpl. Bill Almon: (1)  he never asked me to remove the post referenced by Mr. Kiss; and (2) we had a very pleasant conversation,  

1 (c) – No knowledge of Identity until after Mr. Kiss self-disclosed by going Public about His Lawsuit 

When contacted by a whistle-blower with information regarding the HIV-status of the person reported by  Health PEI to be in the hospital with COVID-19 I was not informed of the identity of the person (name), nor  did I verify that anything I was told was true, only that it “might be”, which I also made clear in my post. The whistle-blower gave me no other information whatsoever. I became aware the person was Mr. Kiss only when  he disclosed that information publicly when he filed his lawsuit against Health PEI.  

The evidence is that all identifying information making such a connection possible in the community came  exclusively from Health PEI, directly through it’s public media release on the matter, not from me.  

1 (d) – Disclosing Personal Health Information so “Connections” Can Not Be Made 

There are long-standing,well-established protocols and policies in place within PEI and Canada regarding the  disclosure of data to ensure members of the public do not have sufficient identifying detail about anyone to be  able to then make “connections” between those details and real people in the community. When that protection of privacy can not be guaranteed, information is not released, and for that reason, and that reason alone. 

Anyone who has reviewed data-sets from Stats Canada knows well, for example, that there will be “blank  spaces” in the charts for PEI, due to the low numbers reporting for certain things. The same data provided for  bigger data-sets in other provinces is kept from Islanders for the sole reason of protecting privacy rights.  

When governments – or government institutions, such as Health PEI – release data on individuals (no matter  how “identifying” it may seem) my assumption is always that there are variables at play that ensure 

community connections can still not be made with any certainty. That is the legal obligation of the  government. In the current case, it would actually only take i.e., “one other person” to be discharged from the hospital – if both people were “males in their 40’s” – to raise a sufficient doubt about which “male in his 40’s”  was the person mentioned in my post to make certain identification impossible.  

HIV is not a visible or “identifying” feature or condition. If Health PEI had not disclosed identifying details  inappropriately, what I published about an “anonymous” person would never have been tied to Mr. Kiss. I was  not negligent in assuming Health PEI had followed proper protocol when it released – via the CPHO, Dr.  Heather Morrison – identifying details.  

The wording in the documents suggests a “presumption” that it would be obvious to anyone – including me,  presumably – that releasing information about an “invisible” feature in addition to what was released by  Health PEI could be then easily attached to that person, identifying that person to the community; however, as  I’ve explained in the preceding paragraphs, that presumption is entirely false with me – as a professional  researcher knowledgeable about the laws and policies, exactly the OPPOSITE assumption was made, so that  no further addition of invisible, non-identifying factors would, or could, ever breach the individual’s privacy. 

I had presumed Health PEI released that amount of ‘detail’ because they had other information that made it  impossible to make those direct connections (i.e., possibly other people either in the QEH, or on their way into  the hospital with COVID-19, so that the details they did release (i.e., ‘male in 40’s’) could not then be  connected to any ONE person).  

For Health PEI to have released physically-identifiable details that COULD logically be attached to one person in the community would clearly be a violation of the standards, protocols, policies and laws in place governing their release of information in such a manner to make such violations impossible.  

I hope this important point is clear to the Court in advance of the Motion Hearing: for me to have even  considered the possibility that the anonymous (to me) individual being ‘outed’ by my post, I would have had to  have first assumed that Health PEI violated their own policy with respect to the release of information that  could identify a person, which is of course something I would never do, having no reason or basis to even  consider such to be the case. 

Whether Mr. Kiss is able to prove his claims regarding being “identified by members of his community” as a  result of that identifiable information that was released by Health PEI, has yet to be proven in Court. Perhaps  there are, in fact, other variables at play that have not yet been made part of the Record that makes Health  PEI’s details perfectly legitimate.  

It should be noted now that the “identification” tie that allegedly happened in the community seems to be  suggested as having happened (in the documentation currently before the Court, Statement of Claim and  Motion Record) because he was the only person anyone could attach information about the “person in the  hospital with COVID-19” to at the time. Whether that is accurate I can’t say, and the Record is for the time  silent on the matter.  

What is claimed in Paragraph 6 of the Statement of Claim is only that,“Kiss was the first person in PEI to be  hospitalized for COVID-19”.

When Mr. Kiss was released from the hospital on April 23, 2001, he was not the only person in the QEH with  COVID-19. A CBC article published the same date stated:  

“There are11 active cases and 175 cases since the pandemic began 13 months ago. There have been  two hospitalizations” [My emphasis]. 

As far as I knew at the time – and I wasn’t tracking it to be honest – there could have been many others, which  I did assume there were (this is important), and that assumption was based on the level of detail that Health  PEI had provided when disclosing information about Mr. Kiss in its discussions with the media. 

By April 27th, CBC PEI reported the following information obtained from Chief Public Health Officer, Dr.  Heather Morrison:  

“In the last two weeks, the province saw its first admissions to hospital with COVID-19. Those two  patients have since been released.” 

Notwithstanding the fact that no further identifying information was made public in the post by me, and  despite not even knowing who the person was, given the fact that it was health information, I wanted to be sure that it was in compliance not only with the law (as the police had confirmed to me) but the strict FB policy  preventing the violation of a person’s privacy, specifically regarding health information, so my assumption that Health PEI would not disclose identifying information was sound. 

2. Public Interest in Knowing ‘HIV’ Status 

In Paragraph 29 of the Plaintiff’s Statement of Claim against Health PEI it states: 

“The matter publicized is of a kind that would be highly offensive to a reasonable person and is not of  legitimate concern to the public. Although the fact of someone being hospitalized for COVID-19 may  have been of concern to the public during the pandemic, Kiss’s sexual orientation and HIV status was  not of any legitimate concern to the public.” 

In Paragraph (e) of the Motion Record (page 3), it states the same thing exactly: 

“The matter publicized is of a kind that would be highly offensive to a reasonable person and is not of  legitimate concern to the public. Although the fact of someone being hospitalized for COVID-19 may  have been of concern to the public during the pandemic, Kiss’s sexual orientation and HIV status was  not of any legitimate concern to the public.” 

If the court decides to add me as a defendant in this action, significant resources on my part will be employed  to demonstrate why there was a legitimate public interest in knowing that the first anxiously-anticipated person hospitalized, and in the Intensive Care Unit (ICU) had an immune-compromising underlying health condition.  

I went from being a “super sleuth” (David Weale) to a “conspiracy nut” virtually overnight when I began  writing about the fraudulent and corrupt activities associated with the official response to COVID-19. Having  the evidence didn’t matter because I could not get the information to people, as a result of censorship on social  media platforms, and a total refusal with government and media to open a dialogue with me to examine my  information and evidence, which has unfortunately been the case for the past 2-3 years for me, and remains so. 

At that time, and for many months later leading up to the time in question with this Motion, I was desperately  trying my best to inform Islanders of what was looking like a global genocide in the making; at least to warn  Islanders that there was incontrovertible proof that they were being told by our Chief Public Health Officer  was not true, and to follow her advice would potentially harm them, based on the evidence emerging about the  damaging impacts of the vaccines on the body, information that was being suppressed and censored.

If you read a few of my articles, posts, shared scientific articles from journals, video interviews with experts,  etc., (there were hundreds) you’ll see how dedicated and committed I was to get the truth out to Islanders to  give them the information they needed to be “fully informed,” which is their right under Canadian law, about  the true nature of what is in those needles being pushed and the well-documented LONG list of known adverse events. They were then – and continue to be – lied to about those needles by Dr. Morrison, and no one within  government will challenge that deception and fraud to stop this dangerous campaign. 

Injecting experimental materials into people without first testing them extensively for adverse human health  impacts is unconscionable. If Islanders had known it was a a computer-generated SARs Cov-2 “Spike Protein” gene sequence that had been designed to infect people through ‘gain of function’ research, patented by the US  while working in a lab in China; then obtained as “code” via the internet by Pharma companies, they may have thought twice before allowing it to be injected into their body.  

That experimental therapy “hijacks” our DNA protein-transcription process using messenger RNA to produce  a ‘designer’ code that is then inserted into cells, and becomes a part of our cells. A synthetic “genetic code”  which delivers “instructions for the production of a specific protein sequence of RNA” is inserted into our cells when we are jabbed, which then tells our cells to do something they would not, and could not, normally do –  produce an ‘engineered protein’, which technically, and legally I believe, makes a person a “trans-human”.  

This is RADICAL new and untested technology/therapy that was deceptively and relentlessly marketed to  Islanders by our leaders as “vaccines” and compared to the simple types we have been taking for years, and  most people trust, that take ‘attenuated’ live, or dead virus particles and inject them into our bodies to stimulate  the natural human immune response.  

The dire consequences of that total deception are only now beginning to unfold, as what I and not that many  were warning about with respect to the way the mechanisms of these so-called “vaccines” which are new  ‘therapeutics’ in Security Exchange Commission (SEC) documents, or described as radical new health-deliver  platforms using nanotechnology delivery systems and a means to alter and AUGMENT the human DNA protein capacity by using that lipidnanoparticle delivery system to deliver designer-DNA code, and that code  can be anything, human or otherwise, (in the the case of the current injections ‘non-human’) which we, as  humans, then have our human cells produce.  

Islanders were told they were getting ‘vaccinated’ – they were getting ‘trans-humanized’! And that is the truth I  will demonstrate in the PEI Supreme Court, because it will be necessary to prove healthcare fraud in PEI  covering up the truth to justify what I posted on FB to warn the public of a brewing genocidal campaign, that  is now unfolding, but again, you will have to do some research to find the evidence to convince yourself of  that if you already don’t know on account of the continued censorship. 

I have in my possession over 300 pages of internal pandemic-related documents from Health PEI I obtained  late Fall, 2020. There is much evidence in those documents of the cover-up and fraud I’m alluding to,  especially pertaining to information that SHOULD have been made public due to the nature of the information  having a high degree of public interest, but was not made public. This information is necessary to counter the  false claim made against me by Mr. Kiss that his HIV-status was of no public concern, namely, any  presumption that if there was a legitimate public concern, the CPHO would have made that information public  herself.  

Despite MANY attempts to contact and engage both government officials and local CBC and Guardian media  personnel, trying to inform them so they would then let me inform the public about these serious matters, it  soon became clear to me that access to the public would never be granted to me. There was then, and there 

remains, a “narrative” that these entities are wedded to, and that collusion will not allow for the recognition of  any challenges to anything in the narrative, such claims as I’m making in this document, i.e., that we are still  being told that something is “effective and safe and necessary” when the facts prove that it is “ineffective,  unsafe, and unnecessary”.  

Islanders were deceived and coerced into being injected with dangerous, health-harming, experimental, gene altering therapies employing highly-sophisticated and unproven technologies when effective treatments that  could have saved lives were fraudulently decried as “ineffective” against the science, and denied patients!  

Given the complex nature of the issues and arguments in this matter, coupled with my lack of any legitimate  expertise in these scientific matters, that would be recognized as such by the Court, I will need to enlist the  support of leading world experts in these highly-specialized fields of medical research and science; individuals who have offered these services to me, some of whom are just as frustrated with the targeted smear campaigns  and censorship that has been happening against them, frustrating their own efforts to inform the general  population of nations throughout the world of the great evil taking place. 

3. SUMMARY – “SECURITY OF COSTS”

I regard this Motion as “frivolous and vexatious” – whatever that means in law I’m not exactly sure, but to me, what I intend it to mean is the claims in the Motion Record against me are “completely groundless in fact and  law.” I believe I have pointed to the evidence of that in this document, negating the need to have me prove it in Court as a Defendant. 

I have already incurred significant costs as a result of this groundless attack on my long and multifaceted  professional career as a professional researcher, policy document analyst, legal consultant, and Independent  Investigative Journalist. I will be seeking a substantial award of costs if the Court rules against Mr. Kiss in my favour. 

If added as a Defendant, I will also be making an immediate Motion seeking to have the Court require Mr.  Kiss to post $100,000 as “Security of Costs.” The Plaintiff is no longer a resident of PEI, and to my  knowledge, does not own property in Prince Edward Island. 

Grounds for Security of Costs to be posted by Mr. Kiss are essentially the same as those cited by PEI Judges in recent PEI Supreme Court Rulings, specifically, three rulings requiring Capital Markets Technologies (CMT)  to post significant funds as costs in its civil action against a number of Defendants.  

CMT was required to post security of costs for the original claim to proceed [CMT et al. v. Gov’t of P.E.I. et al.,  2016 PESC 18 (CanLII], https://canlii.ca/t/grsc0, as well as in a subsequent decision related to Amending the  Pleadings and adding additional Defendants [CMT et al. v. Gov’t of PEI et al., 2018 PESC 9 (CanLII),  https://canlii.ca/t/hr92f, a decision that was then appealed by CMT (unsuccessfully) in the PEI Court of  Appeal [CMT et al. v Government of PEI et al., 2018 PECA 28 (CanLII), https://canlii.ca/t/hw6bg.  

These rulings have since been cited in many other rulings on the matter of posting Security of Costs as a  “precedent”, which I will be relying on to support my request as well.

To Sum Up: 

If I am added, I proceed with confidence in my case, knowing that the substantial costs incurred by me to  finally show the Court (and through the Court, the general public) what I tried to show 2 years ago in hundreds of articles on FB and my website, and am now being falsely sued for having done voluntarily, as a result of just one of those (misunderstood) posts, and my intention will be to see someone else pay those costs other than  me. 

With the level of complexity associated with the arguments that I’ll be needing to advance in my Defence, I’ll  need to access the highest caliber of Internationally-recognized, medical research scientists with a level of  scientific “expertise” required to demonstrate the truth of these controversial, and mostly denied, claims that I  I will be presenting, especially based on recent “COVID-19-related Court rulings,” nothing less will satisfy the Court. 

I can bring all of that, and will bring all of that, if added as a Defendant. 

Be assured that I will prove all the claims I have made above if necessary, with sound legal arguments and  peer-reviewed, scientific evidence delivered by experts through sworn uncontested testimony. 

Have a good day! 

Sincerely, 

____________________ 

Kevin J. Arsenault, Ph.D 

February 24, 2023