Saturday, December 7, 2024

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Maintaining The Rule Of Law During Times Of Crisis

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One of the main safeguards to the rule of law is an independent judiciary. Courts should have the authority to decide cases related to the exercise of emergency powers and remove measures that violate laws or fundamental rights. Judicial review acts as a check of executive power and helps maintain the rule of law.

This point was established long ago during World War II. Liversidge v. Anderson was a case that related to the involuntary detainment of a man at the discretion of the Home Secretary, without trial. The majority judgement upheld the detainment. However, Lord Atkin’s dissenting judgement went on to be regarded as a landmark contribution to the jurisprudence surrounding the tension between executive powers and individual rights in times of crisis. Lord Atkin’s commitment to upholding fundamental legal principles, despite the political climate, has been widely respected and influenced subsequent legal thinking.

Lord Atkin. Leading Australian-born British judge.

In more recent times in Australia, Deputy President of the Fair Work Commission, Lyndall Dean, delivered a powerful, well-reasoned, rational, and factual dissenting judgement that also went against the prevailing political climate. The judgement related to the case of Jennifer Kimber v Sapphire Coast Community Aged Care Ltd [2021] FWCFB 6015. Ms. Kimber, a receptionist at an aged care facility, was dismissed by her employer for refusing to take an influenza vaccine. A majority 2-1 full bench of the Commission affirmed the dismissal, emphasising the significance of Public Health Orders and the obligation of employers to comply.

Ms Dean believed that the majority decision in Ms Kimber’s case was unjust, as it denied her workplace law protections based on a suspicion of anti-vaccination views. Ms Dean argued that even those with anti-vaccination views should be afforded legal protections and highlighted the importance of consent in medical treatments. She criticised coercion, stating that threatening dismissal and the withdrawal of societal participation for refusing a vaccine is incompatible with consent and a breach of fundamental human rights. She opposed the censorship of differing opinions, condemned vaccine mandates as coercive, undemocratic, and unethical, and urged Australians to question current policies and preserve the freedom to engage in scientific inquiry.

Lyndall Dean. Deputy President. Fair Work Commission.

Nothing about Ms Dean’s judgement was inaccurate, sensational, or controversial. Her judgement was sound, rational, and well-reasoned. Where Ms Dean fell foul was that she exercised her judicial independence instead of going along with the narrative. Her voice, just like many others, would have to be silenced; and that is indeed what happened.

Lyndall Dean was ordered to undertake professional conduct training and “disqualified herself” from workplace vaccination cases on the grounds of bias.

Removing Ms Dean from hearing vaccine workplace cases because she did not hold the majority view sends a message that only certain perspectives are acceptable, potentially compromising the fairness and integrity of the judicial process

In a law based, democratic society it is essential that judges must be able to render their decisions based on their interpretation of the law and their assessment of the facts, free from external pressure or political considerations. By removing Ms Dean for her dissenting opinions, judicial independence was compromised, eroding public trust in the judiciary and the rule of law.

In Liversidge v. Anderson, the majority of the House of Lords upheld the detention powers granted to the Home Secretary under the Defence Regulations, even if the Secretary’s decision was based on subjective and unreviewable grounds. This decision was seen as a departure from the rule of law, which emphasises the critical importance of legal certainty and due process.

Lord Atkin’s judgement, like Lyndall Dean’s, underscored the importance of upholding fundamental rights and the rule of law even in times of crisis. It emphasised that the executive’s exercise of emergency powers must be subject to legal constraints and judicial review. It reinforced the notion that even in times of crisis, governments must respect fundamental rights and ensure that emergency measures are proportionate, necessary, subject to meaningful oversight, safeguard the rule of law and protect individual liberties.

Both Lyndall Dean’s and Lord Atkin’s dissenting judgements were viewed as controversial during their respective times, given the prevailing political climate. Lord Atkin’s judgement has since gained significant recognition and praise for its principled stance on the rule of law.

One would hope that, just like Lord Atkin’s, Lyndall Dean’s dissenting judgement will be viewed in the future as a potent reminder of the importance of upholding the rule of law and protecting individual rights during a time of crisis.

Lord Atkin famously stated …

“In this country, amid the clash of arms, the laws are not silent.
They may be changed, but they speak the same language in war as in peace.”

SENATE ALERT: Battle fought to remove covid vaccine mandates in the workplace

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The Workplace Health and Safety Bill was being debated at 12:30pm today and a coordinated insurgency was executed to amend the Bill to ensure covid vaccine mandates were impermissible.

Leading the fight were Senators Ralph Babet (UAP, Vic), Gerard Rennick (LNP, Qld), Matt Canavan (LNP, Qld), Malcolm Roberts (ON, Qld) and Alex Antic (Lib, SA).

Labor, the Greens and all but three of the Liberal-National Coalition voted in unison to allow covid mandates to continue. The vote for the amendment was Ayes 5 and No’s 31.

We understand Pauline Hanson (ON, Qld) was absent.

Here’s a video summary published from Senator Babet’s office.

https://www.youtube-nocookie.com/embed/M63eZH2pDTU?rel=0&autoplay=0&showinfo=0&enablejsapi=0


Call those senators in your state who blocked the amendment. Express your displeasure.

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GRAPHIC: Live, fatal organ extraction exposed

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Prepare yourself.

This interview is hard for sun-soaked Australians to comprehend.

It’s a topic most of our politicians avoid. It’s too troubling. It opens a Pandora’s Box of questions, about humanity, ethics, complex interconnections, human rights, our future, and sickening expediency beyond our imagination.

So, before the interview, Liberty Itch will step you through a quick, summarising primer.

There is credible evidence that Australia’s #1 trading partner, the People’s Republic of China, runs the world’s largest forced organ harvesting business.

Australia doesn’t simply buy electronics, steel and machinery from China but, critics assert, the Communist Chinese Party does a roaring trade in human hearts, lungs and kidneys, treated as commodities like any other. It’s a lucrative, bloody business.

https://www.youtube-nocookie.com/embed/u2bUusvh3c0?rel=0&autoplay=0&showinfo=0&enablejsapi=0

The China Tribunal, a London-based non-government tribunal which investigated claims of forced human organ harvesting chaired by former lead prosecutor of the Slobodan Milošević trial, Sir Geoffrey Nice KC, has made some shocking findings.

This will give you a feeling for those findings:

https://www.youtube-nocookie.com/embed/naJFMfDv3Tc?start=425s&rel=0&autoplay=0&showinfo=0&enablejsapi=0

Its damning final judgment claimed there are over 1.5 million people currently detained in Chinese prison camps, many of them are being brutally killed or operated on, alive, to provide organs for the $1 billion transplant industry.

$1 billion! That’s the size of Australia’s wine exports to China, when the communists aren’t interfering with free trade. This is the scale of the ghoulish business.

If you think the issue of Beijing’s organ trafficking is a far-away problem overseas, you are mistaken. It’s on our doorstep. It’s here.

The China Tribunal discovered a few Australians in the medical profession linked to a Sydney hospital were denying organs were sourced through coercion and human rights abuses.

Further, the Australian reported contentious, CCP-propagandist white-washing of forced harvesting by a former Griffith University academic, Campbell Fraser, who had a history of cooperative association with CCP mouthpiece, China Daily.

Campbell Fraser. Griffith University barred him from trips to China.

Further again, Australia’s SBS reported a complicated fracas between medical practitioners at Westmead Hospital. In that report, Dr Chapman, a staunch defender of Chinese Communist Party organ harvesting practices, had in earlier years reported another physician allegedly being told by a patient of Chinese origin, “I cannot come in for dialysis tomorrow. I have to fly tonight because they are shooting my donor tomorrow.”

Though obviously the Australian and SBS are reputable sources, Liberty Itch wanted to speak directly with other investigators with expertise in China’s organ harvesting practices.

The following interview is with David Matas CM.

David Matas CM is an international human rights lawyer based in Winnipeg, Manitoba, Canada. He is co-author with David Kilgour, a former Canadian Secretary of State and Deputy Speaker of the Canadian House of Commons, of Bloody Harvest: The Killing of Falun Gong for their Organs, 2009 and co-editor with Torsten Trey of State Organs: Transplant Abuse in China, 2012. David is a co-founder with David Kilgour and Ethan Gutmann of the International Coalition to End Transplant Abuse in China, and a member of the Order of Canada.

David Matas CM. International human rights lawyer, author, researcher and 2010 Nobel Peace Prize nominee.

<Interview starts>

LI: Can you give Liberty Itch subscribers a brief overview of the Chinese state’s organ harvesting business? How is it done?

DM: Prisoners of conscience in arbitrary indefinite detention are systematically blood tested and organ examined. The lists of prisoners with blood types and tissue types are circulated to nearby health practitioners and hospitals. When a patient arrives needing a transplant, the blood and tissue typing is matched with that of a prisoner. The matching prisoner is, in detention, injected with anti-coagulants and immobilisers and then taken to a nearby van where organs are extracted. The extraction kills the prisoner. His or her body is cremated on site. The organ or organs are taken by the van to a nearby hospital or to an airport for transport elsewhere in China.

LI: What is the scale? Who are the victims and who are the ‘clients’?

DM: About 100,000 organs a year. The victims are primarily practitioners of the spiritually based set of exercises Falun Gong, also Uyghurs in large numbers, Tibetans and House Christians, mostly Eastern Lightning, in smaller numbers. The clients are transplant tourists, and wealthy or well-connected Chinese.

LI: Who benefits from the Chinese State’s organ harvesting business?

DM: The health system benefits financially. The Communist Party benefits through elimination of those it sees as insufficiently Communist.

LI: You recently visited Australia, late last year, and have gone to Canberra to present the issue of Beijing’s Illegal Organ Trafficking to our elected representatives in the Federal Parliament. What was the response?

DM: There has been significant concern in the Parliament of Australia about organ transplant abuse in China. There have been many petitions in the Parliament of Australia, both in the House of Representatives and the Senate, addressing Falun Gong and organ harvesting, starting in 2006 when the report that I wrote with David Kilgour first came out and continuing to this year. The Parliament, it is safe to say, is well-informed of the abuse and has showed considerable concern about the abuse.

However, the response from the individual elected representatives varied, depending on the representative with whom I met. I would suggest contacting these representatives directly for their response.

LI: What more should the Australian Government do to tackle this crime?

DM: These are 5 suggestions to the Australian government in summary.

1) Improve the Australian Senate procedures. There are several Parliaments around the world which have, through motions or resolutions, condemned the mass killing in China of prisoners of conscience for their organs and called for Government action to avoid complicity in those killings. Australia should follow suit.

2) Adopt mandatory reporting whereby medical professionals have an obligation to report, to an appropriate registry or authority, any knowledge or reasonable suspicion that a person under their care has received a commercial transplant or one sourced from a non-consenting donor, be that in Australia or overseas;

3) Implement extraterritorial legislation. The current Australia’s Criminal Code does not explicitly prohibit organ trafficking. The government has accepted the recommendation to amend it but no amendments have been proposed in reality. As an alternative, private Members and Senators could introduce amendments to prohibit organ trafficking;

4) Become a state party to the Council of Europe Convention on Human Rights and join other nations in a collective effort to combat foreign organ transplant abuse;

5) One last suggestion I would make is the constitution of a friends of Falun Gong Parliamentary group. Australian Parliamentarians, through the many petitions they have presented to Parliament, as well as through the Sub Committee report, and statements they have made outside Parliament, have shown an understanding of the issue of the mass killing.

You can see the full text of my suggestions here.

<Interview ends>

Liberty Itch urges the Albanese Government to take leadership to protect the most vulnerable members of our community. It was promised to us that Australia will ‘cooperate where we can, disagree where we must’ with China.

This is an area that we ‘disagree where we must’ and immediate actions need to be taken.

There’s more you can do:

The International Coalition to End Transplant Abuse in China (ETAC) has an Australian chapter that works on a range of initiatives. Apart from legislation change, there is also a need for Australian universities, hospitals and transplant associated organisations to undertake due diligence in their interactions with China in the areas of transplant medicine, research and training.

It’s important that our medical professionals and academics are not unknowingly aiding and abetting China in its illegal organ trafficking practices.

FREEDOM! The Daughter of Davos Resigns.

Two extraordinary things happened yesterday.

First, New Zealand Prime Minister Jacinda Ardern announced her resignation effective, at the latest, early in February 2023. (Yes, New Zealanders need to endure her for a few weeks more!)

Second, I put out this short tweet yesterday together with a video of the Prime Minister, and it went viral. In a mere 180 minutes, it was seen by 67,400 people and was still swishing around the globe as I wrote this. After 8 hours, 165,000+!

You have to ask ‘WHY?’

https://twitter.com/KenelmTonkin/status/1615875921638219778?s=20

Jacinda Ardern set a couple of records. She was the youngest female prime minister ever in 2017. Further, she gave birth whilst in office.

Of course, neither of these have anything to do with political achievement.

To be fair, we can probably agree that Jacinda Ardern is expressive.

Some went so far as to say she showed great empathy.

I think it more accurate to say any apparent empathy was self-consciously dispensed and exclusively to beneficiaries of her bias.

Any praise for expressiveness and empathy needs much closer scrutiny. It’s what she expresses that so confounds civil libertarians like you and me. And, if you don’t mind me expressing myself here dear reader, she showed a distinct lack of empathy for many during covid lockdowns, victims of which are generations not yet born as you’ll see. So read on.

Instead, what we observed was a smiling socialist, a Daughter of Davos, instinct over intellect, all feeling and no financial finesse. In short, she was a classical liberal’s nightmare.

Just look at the legacy she leaves after six reckless years in office:

  • Frequent meddling with the free market. The results: distortions in housing prices and a generation of first home buyers shut-out of their ownership aspirations;
  • A backlash against over-zealous covid restrictions and loss of personal freedoms, including creating a medical-apartheid defined by vaccination-status. See the video tweet above;
  • Conscientious objectors and the vaccine-hesitant were shunned socially, denied mobility, prevented from earning a living and targeted by government in ways the Stasi would have relished in Soviet-era East Germany;
  • Consequential increasing crime rates in the island nation;
  • Inflation sitting at 7.2%;
  • Food prices spiking 8.3% compared with the same time a year earlier;
  • Successive interest rate increases from New Zealand’s central bank;
  • A monstrous public debt! When she took office, the public debt was approximately $60 billion USD. Projections are that, based on all data currently available reflecting the decisions of her government, that the national debt will balloon to $151 billion USD by 2027. If the figure proves higher or lower than that, it will be the result of her successor’s policies, but you can see the economic vandalism on her watch. Put it this way, she led a government which racked-up triple the debt of all previous New Zealand governments combined. She went way over the credit card limit and left someone else to pick up the bill. Funny, right?;
  • For a country with a population the size of Boston, it will take three generations at least to bring that debt to heel. We are talking inter-generational theft which will crush Zoomer Kiwis’ standard of living, their children and their grandchildren. That is to say, on the day after you, I and Jacinda Ardern meet our Lord and Maker, New Zealanders will be dealing with the Ardern Economic Catastrophe for another two generations thereafter;
  • Many of them will flee New Zealand and hollow this beautiful jewel of the South Pacific. They have been emigrating anyway, mainly to Australia, the United Kingdom and the United States;
  • A strategic flirtation with the Chinese Communist Party. Her Labour Party has long shunned our liberal democratic ally, America. It was a natural progression from that to openly calling for greater integration with the communists, a weak-kneed strategy in favour of firebrand authoritarianism with a chequebook over the cleansing-balm of liberty;
  • Consistent with that predisposition towards authoritarianism, civil liberties in New Zealand were shattered under her Governments. Emergency powers poised to be invoked again at any time are left in place;
  • Chinese Communist Party infiltration of New Zealand consulates and banks;
  • She openly lied about the efficacy of covid vaccines. “If you take the vaccine, you’ll still get covid but you won’t get sick and you won’t die” was a claim she made during the height of an hysteria of her own making, and contradicted by the science and the manufacturer. Don’t believe me? Watch this …

    https://twitter.com/KenelmTonkin/status/1616211090882592768?s=20


  • More government restrictions on the access and use of water;
  • Crushing regulations on agricultural emissions;
  • Further shifting of the goal posts with hate speech laws without any safeguards as to who adjudicates what ‘hate speech’ actually is.

The adulation and applause had faded about a year ago. The shadowy World Economic Forum’s simping seemed impossibly distant now. Jacinda Ardern had to face the people of New Zealand imminently and the prospects weren’t promising.

With polling numbers in decline and the sparkle now tarnished, the Prime Minister did what all faithful authoritarians and central-planners do when their number is up. She spoke sweetly, smiled nervously, then scurried to the nearest exit hoping that the rule of law she undermined holds firm for her.

I was shocked my tweet went viral. I shouldn’t have been. Countless everyday people across the West, people like you and I, have had a gutful.

The Daughter of Davos was a symbol of all that has gone wrong over the last 3 years. So of course you cheered her departure.

I don’t think we’ll have to wait long before she re-emerges with an ostentatious job title and global brief somewhere in the world. “Poverty Ambassador-At-Large, World Economic Forum”, on $820,000 per annum, Davos chalet and chauffeur the obligatory perks on top sounds about right.

And when that happens, you and I can both smile knowingly that at least here she won’t have harmed anyone further. On her departure from the Land of the Long White Cloud, she will increase the average IQ of New Zealand, and not decrease that of the World Economic Forum.

Pardon me if I shed not a solitary tear.

Stunning Early Victorian Election Prediction

Matthew Guy

To be clear, I don’t know who’s going to win the Victorian election later tonight, 26 November 2022.

How can I or any of us?

However, I’m going to make a prediction as I write this at 3:20pm ACDT 26 November 2022, and have the prediction published just minutes before the polls have closed so you know I’ve not had any input from the counting of the votes. There’s my accountability, dear reader, to you.

Labor will win!

If my prediction is wrong, take all future predictions from me with a grain of salt. Throw tomatoes and rotten eggs at me. I’ll deserve it.

Right now, I’m quietly confident in making this prediction, however ghastly it may be.

And here is my reasoning. Hear it through …

Heavens know, Dan Andrews and the Labor Government he leads in Victoria has been revolting.

Who can forget the litany of failures …

Rubber bullets in the back, pregnant woman arrested in her pyjamas for a Facebook post, the world’s longest lockdown, businesses crushed, women and children manhandled for not wearing masks, family nest-eggs shattered, MPs arrested and denied access to their democratically elected seat in Parliament House itself, elderly citizens having their pelvis fractured as they are slammed to the ground by overzealous police, churches ordered to close at the point of police intrusion into sacred spaces, and a once vibrant city – the envy of the world – hollowed of its sparkle.

There will be a long-tail to this shocking overreach. Early figures are indicating that the rates of men aged 18 to 44 presenting with myocarditis, a long-term heart condition, have doubled. Yes, 2X. Men in their prime, cut low.

Most devastating to the soul was the sight of a young man, hitherto mentally healthy, taking his own life on a Melbourne street by setting himself ablaze whilst in the grip of a lockdown-induced depression. The depravity of this Government’s policies is chilling.

Free people have a right to be free. Free people have a God-given right to practise their religion. It’s part of our Christian-informed civil libertarian culture. And our Faith gives us Grace. It’s who we are. It’s how we cope with a world of sin.

And Dan Andrews failed as a standard bearer of those freedoms.

Why then do I predict this tyrant will be returned to office?

Why do I put my predictive reputation on the line and call the election for Labor even before the polls have closed?

The answer is that people don’t vote for “anyone would be better than” candidate X.

Our good citizens require an informed choice, a differentiation upon which they can decide.

And I’m afraid to say it but the Liberal Party’s leader, Matthew Guy, has failed to differentiate his Party.

How could he?

He’s limp, insipid, hardly the embodiment of inspiration and action!

Beyond the personal characteristics of the leader, the seeds of the Liberal Party’s failure in this election were planted in 2020. Throughout the entirety of the covid pandemic, if that’s what it was and is, the Liberal Party played a small target, Labor-lite game.

The Liberal Party could have weighed multiple harms to the community of Labor’s draconian covid measures, things like job loss, depression and endless racking-up the State debt for future generations to absorb, instead of robotically following bureaucratic health advice to the exclusion of all other considerations.

Liberal MPs didn’t. That would take differentiation, a knowledge of John Stuart Mill, the fortitude to use the minds our Lord gave them, and the courage to avoid groupthink.

The Liberal Party could have heeded the warnings of the worst civil liberty abuses in 100 years, passionately articulated in the Victorian Bar Association’s extraordinary and unprecedented open letter from sixty-four Queens Counsel.

Liberal MPs didn’t. That would take differentiation through a bedrock of principles.

The Liberal Party could have rallied the churches, giving cover and much needed support to pastors and priests throughout the State, stunned that worshipers were to have doors slammed in their faces.

Liberal MPs didn’t. They aren’t Christians, most of them. That would take differentiation through Faith.

At every opportunity, the Liberal Party Opposition Leader has looked politically anemic. You don’t win by hedging. You don’t win by staying small. You don’t win by cloning yourself using a tyrant as the mould.

You win by standing for something. You win by inspiring people for a better tomorrow. You win by giving people hope. You win by serving others in practical, helpful ways. You win by differentiating yourself from the tyrant.

None of this was done by Matthew Guy and his Liberal Party in Victoria.

I therefore don’t need to watch the election coverage tonight.

Labor will be returned.

Lack of differentiation and beliefs will be the reason.

Pray for the people of Victoria.

And if my prediction is wrong, pray for the people of Victoria anyway.

VIDEO: Doing What’s Right!

A timely reminder about what’s at stake in Victoria …

Dan Andrews: Doing What’s Right

The Terminator Would Kill Your Freedom

Covid is still with us.

So is the propaganda and freedom-busting laws which have accompanied it.

Thankfully now, the hysteria seems to be dissipating and we should all feel more comfortable pushing back. The laws which are eroding our civil liberties? Removing them will take years.

In light of Pfizer executive Janine Small’s admission to the the European Parliament that their covid vaccine does not stop transmission, government policies around the world which sought to deny the vaccine-hesitant their basic human rights are now discredited.

The media, which relentlessly proselytised ‘the vaccine stops the spread’ and ‘you are selfish if you don’t take the vaccine’ in order to retain their broadcasting licences, revealed just how inadequate they are as a bulwark against government overreach.

So much for our Fourth Estate!

Both government and media co-opted celebrity too in their efforts to control. Sometimes the mouthpieces were celebrities who even previously held high office.

Take this clip doing the rounds on social media …

“The only way we prevent this is to get vaccinated” was wrong, says Pfizer itself.

And the “Screw your freedom!”, from a former Republican no less, is chilling.

Sometimes it takes years before the present catches up to history, proving past events and decisions wrong.

In Arnold Schwarzenegger’s case, mere months.

Well may the Terminator have said “I’ll be back.”

Given Mr. Schwarzenegger’s visceral “screw your freedom” remark, let’s hope at least he never again returns to the public square, especially when mouthing government and media propaganda now discredited by the very manufacturer of covid vaccines.