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3 Ontario nurses disciplined for social media posts related to pandemic launch $1M libel suit

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Three Ontario nurses who have faced discipline for their stances on the pandemic are suing the Canadian Nurses Association (CNA) and a media outlet in British Columbia, with the libel suit seeking $1 million.

Kristen Nagle of London, Kristal Pitter of Tillsonburg and Sara Choujounian of Toronto have been investigated by the College of Nurses of Ontario (CNO) for sharing their controversial views about the pandemic on social media.

All three nurses are entitled to practise in Ontario without restrictions.

Pitter, a nurse practitioner and former nursing home inspector for the Ontario Ministry of Long-Term Care, has been cautioned by the CNO, along with Nagle, about spreading misinformation on social media about the pandemic.

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Nagle, a former neonatal intensive-care nurse at London Health Sciences Centre, was fired last January after she was charged by law enforcement for failing to comply with Ontario’s emergency pandemic health restrictions in November 2020. She was charged again in April 2021.

3 are members of Canadian Frontline Nurses

Choujounian, a former practical nurse with a Toronto home-care agency, will face a CNO disciplinary hearing this June for professional misconduct in connection with a dozen social media posts related to the pandemic, including claims surgical masks increase the risk of cancer, the COVID-19 pandemic is a hoax and COVID-19 vaccines are “unsafe.”

 

Nagle and Choujounian, first and second on the left, are shown with other members of Global Frontline Nurses in this Instagram photo from January 2021. (Sarah Choujounian/Instagram)

 

Nagle and Choujounian were also investigated by the Ontario nursing regulator for making a trip to Washington with a group of peers, during last January’s non-essential travel ban, for allegedly promoting theories that the pandemic is a hoax and hospitals had a role to play in misrepresenting it.

All three nurses are part of Canadian Frontline Nurses (CFN), an offshoot of Global Frontline Nurses, that was created to “empower health-care workers who disagree with lockdowns,” according to the CFN’s Facebook page.

The statement of claim was filed in a Toronto court on Dec. 13, 2021, by the CFN on behalf of Pitter, Nagle and Choujounian, and names four defendants:

  • The CNA.
  • CNA president Tim Guest.
  • CNA’s chief executive officer, Michael Villeneuve.
  • The B.C. media company Together News Inc., which has four small-town newspapers in the Comox Valley.

The lawsuit claims the defamatory statements against the plaintiffs were made by each organization separately in September 2021, against a backdrop of anti-lockdown demonstrations at hospitals across Canada.

CNA article didn’t refer to nurses by name

In its allegations against the CNA, the lawsuit claims the organization made defamatory statements about Pitter, Nagle and Choujounian on its website on Sept. 9, 2021, in an anonymous opinion piece titled “Enough is enough: professional nurses stand for science-based health care.”

 

Nagle, left, was charged by authorities in connection with this anti-lockdown rally in Victoria Park in London, Ont., in November 2020. (Sofia Rodriguez/CBC News)

 

The article does not name Pitter, Nagle or Choujounian. Instead, it makes reference to “the reckless views of a handful of discredited people who identify as nurses,” saying they “have aligned in some cases with angry crowds who are putting public health and safety at risk.”

The CNA post also refers to the demonstrators at the September hospital protests as “surly mobs” who “harass, threaten, and even assault health-care workers coming and going in the business of saving lives.”

The lawsuit says that while the CNA article did not explicitly refer to the plaintiffs by name, it “was intended” and “could be understood to refer to them,” claiming the CNA “knew or ought to have known” the statements were libel.

The statement of claim said the CNA article was “meant and was understood to mean” the plaintiffs “are not nurses,” are “anti-science,” “put public health and safety at risk” and “formed part of a crowd that was intent on causing trouble or violence” through harassing and threatening health-care workers.

Suit claims plaintiffs faced ‘ridicule, hatred’

In its allegations against Together News Inc., the lawsuit claims, the company made defamatory statements in an anonymous opinion piece published on Sept. 11, 2021, entitled “Quack! Quack! These pro-virus nurses have dangerous ideas.”

The article explicitly names Canadian Frontline Nurses, Pitter, Nagle and Choujounian.

The statement of claim alleges the article paints the three registered nurses as “disgraced,” “highly disturbed and unstable” and that all three women were “terminated because their employers did not trust them.”

The lawsuit also claims the TNI article suggests “Pitter was responsible for COVID deaths in long-term care facilities,” and paints Nagle and Choujounian as participants in the Jan. 6, 2021, protest that resulted in an attack on the U.S. Capitol Building.

The lawsuit says Pitter, Nagle and Choujounian have been subjected to “ridicule, hatred and contempt,” and have been “injured in their feelings, their personal and professional character and reputation.”

Court documents also say the three registered nurses “continue to suffer personal embarrassment and humiliation, and have experienced great emotional anxiety” as a result of the publications.

Lawsuit asks for $1M in damages

The plaintiffs are asking for $750,000 in general damages and $250,000 in punitive damages.

CBC News contacted the CNA on Friday. Through a spokesperson, the organization said via email it couldn’t comment because it “had no knowledge of this lawsuit and has yet to be served.”

Also Friday, Together News Inc. said in an email that it would not comment on the matter as it had yet to receive court documents.

“We have not been served, so don’t have sufficient detail to comment at this time,” the email said.

CBC News also spoke with Alexander Boissonette-Lehner, the lawyer for the plaintiffs, on Friday.

“As the matter is before the courts, it would be inappropriate for me to comment at this time,” he said.

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Trump poised to clinch US$1.3-billion social media company stock award

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Donald Trump is set to secure on Tuesday a stock bonus worth US$1.3-billion from the company that operates his social media app Truth Social (DJT-Q), equivalent to about half the majority stake he already owns in it, thanks to the wild rally in its shares.

The award will take the former U.S. president’s overall stake in the company, Trump Media & Technology Group (TMTG), to US$4.1-billion.

While Mr. Trump has agreed not to sell any of his TMTG shares before September, the windfall represents a significant boost to his wealth, which Forbes pegs at US$4.7-billion.

Unlike much of his real estate empire, shares are easy to divest in the stock market and could come in handy as Mr. Trump’s legal fees and fines pile up, including a US$454.2-million judgment in his New York civil fraud case he is appealing.

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The bonus also reflects the exuberant trading in TMTG’s shares, which have been on a roller coaster ride since the company listed on Nasdaq last month through a merger with a special purpose acquisition company (SPAC) and was snapped up by Trump supporters and speculators.

Mr. Trump will be entitled to the stock bonus under the terms of the SPAC deal once TMTG’s shares stay above US$17.50 for 20 trading days after the company’s March 26 listing. They ended trading on Monday at US$35.50, and they would have to lose more than half their value on Tuesday for Mr. Trump to miss out.

TMTG’s current valuation of approximately US$5-billion is equivalent to about 1,220 times the loss-making company’s revenue in 2023 of US$4.1-million.

No other U.S. company of similar market capitalization has such a high valuation multiple, LSEG data shows. This is despite TMTG warning investors in regulatory filings that its operational losses raise “substantial doubt” about its ability to remain in business.

A TMTG spokesperson declined to comment on the stock award to Mr. Trump. “With more than $200 million in the bank and zero debt, Trump Media is fulfilling all its obligations related to the merger and rapidly moving forward with its business plan,” the spokesperson said.

While Mr. Trump’s windfall is rich for a small, loss-making company like TMTG, the earnout structure that allows it is common. According to a report from law firm Freshfields Bruckhaus Deringer, stock earnouts for management were seen in more than half the SPAC mergers completed in 2022.

However, few executives clinch these earnout bonuses because many SPAC deals end up performing poorly in the stock market, said Freshfields securities lawyer Michael Levitt. TMTG’s case is rare because its shares are trading decoupled from its business prospects.

“Many earnouts in SPACs are never satisfied because many SPAC prices fall significantly after the merger is completed,” Mr. Levitt said.

To be sure, TMTG made it easier for Mr. Trump to meet the earnout threshold. When TMTG agreed to merge with the SPAC in October, 2021, the deal envisioned that TMTG shares had to trade above US$30 for Mr. Trump to get the full earnout bonus. The two sides amended the deal in August, 2023 to lower that threshold to US$17.50, regulatory filings show.

Had that not happened, Mr. Trump would not have yet earned the full bonus because TMTG’s shares traded below US$30 last week. The terms of the deal, however, give Mr. Trump three years from the listing to win the full earnout, so he could have still earned it if the shares traded above the threshold for 20 days in any 30-day period during this time.

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B.C. puts online harms bill on hold after agreement with social media companies

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The B.C. government is putting its proposed online harms legislation on hold after reaching an agreement with some of the largest social media platforms to make people safer online.

Premier David Eby says in a joint statement with representatives of the firms Meta, TikTok, X and Snap that they will form an online safety action table, where they’ll discuss “tangible steps” towards protecting people from online harms.

Eby says the social media companies have “agreed to work collaboratively” with the province on preventing harm, while Meta will also commit to working with B.C’s emergency management officials to help amplify official information during natural disasters and other events.

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“We have had assurance from Facebook on a couple of things. First, that they will work with us to deliver emergency information to British Columbia in this wildfire season that (people) can rely on, they can find easily, and that will link into official government channels to distribute information quickly and effectively,” Eby said at a Tuesday press conference.

“This is a major step and I’m very appreciative that we are in this place now.”


Click to play video: 'B.C. takes steps to protect people from online harms'
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B.C. takes steps to protect people from online harms

 


The announcement to put the bill on hold is a sharp turn for the government, after Eby announced in March that social media companies were among the “wrongdoers” that would pay for health-related costs linked to their platforms.


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At the time, Eby compared social media harms to those caused by tobacco and opioids, saying the legislation was similar to previous laws that allowed the province to sue companies selling those products.


Click to play video: 'Carol Todd on taking action against online harms'
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Carol Todd on taking action against online harms

 


Last August, Eby criticized Meta over its continued blackout of Canadian news outlets as wildfires forced thousands from their homes.  Eby said it was “unacceptable” for the tech giant to cut off access to news on its platforms at a time when people needed timely, potentially life-saving information.

“I think it’s fair to say that I was very skeptical, following the initial contact (with Meta),” Eby said Tuesday.

Eby said one of the key drivers for legislation targetting online harm was the death of Carson Cleland, the 12-year-old Prince George, B.C., boy who died by suicide last October after falling victim to online sextortion.

The premier says in announcing the pause that bringing social media companies to the table for discussion achieves the same purpose of protecting youth from online harm.

“Our commitment to every parent is that we will do everything we can to keep their families safe online and in our communities,” the premier said in his statement.

 

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Vaughn Palmer: B.C. premier gives social media giants another chance

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VICTORIA — Premier David Eby has pushed the pause button on a contentious bill that would have allowed the province to recover health care and other costs attributed to the marketing of risky products in B.C.

Two dozen business and industry groups had called for the New Democrats to put the bill on hold, claiming it was so broadly drafted that it could be used to go after producers, distributors and retailers of every kind.

Eby claimed the pause had nothing to do with those protests. Rather, he said, it was the willingness of giant social media companies to join with the government to immediately address online safety in B.C.

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“It is safe to say that we got the attention of these major multinational companies,” the premier told reporters on Tuesday, citing the deal with Meta, Snapchat, TikTok and X, the major players in the field.

“They understand our concern and the urgency with which we’re approaching this issue. They also understand the bill is still there.”

The New Democrats maintain that the legislation was never intended to capture the many B.C. companies and associations that complained about it.

Rather it was targeted at Facebook owner Meta and other social media companies and the online harm done to young people. A prime example was the suicide of a Prince George youth who was trapped by an online predator.

Still, there was nothing in the wording of Bill 12, the Public Health Accountability and Cost Recovery Act, to indicate its application would be confined to social media companies or their impact on young people.

Eby even admitted that the law could also be used to recover costs associated with vaping products and energy drinks.

Some critics wondered if the bill’s broad-based concept of harms and risks could be used to prosecute the liquor board or the dispensers of safer-supply drugs, products with proven harms greater than any sugary drink.

Perhaps thinking along those lines, the government specifically exempted itself from prosecution under the Act.

This week’s announcement came as a surprise. As recently as Monday, Attorney General Niki Sharma told reporters the government had no intention of putting the bill on hold.

Tuesday, she justified her evasion by saying the talks with the social media companies were intense and confidential.

She said the pause was conditional on Meta and the other companies delivering a quick response to government concerns.

“British Columbians expect us to take action on online safety,” she told reporters. “What I’ll be looking for at this table is quick and immediate action to get to that better, safety online.”

A prime goal is addressing online harassment and “the online mental health and anxiety that’s rising in young people,” she said

“I’m going to be watching along with the premier as to whether or not we do get real action on changes for young people right away,” said the attorney general.

“I want to sit down with these companies look at them face to face and see what they can do immediately to improve the outcomes for British Columbians.”

Meta has already committed to rectifying Eby’s concern that it should relay urgent news about wildfires, flood and other disasters in B.C. Last year, those were blocked, collateral damage in the company’s hardball dispute with the federal government over linking to news stories from Canadian media companies.

Eby says he was very skeptical about the initial contact from the companies. Now he sees Meta’s willingness to deliver emergency information as a “major step” and he’s prepared to give talks the benefit of the doubt.

Not long ago he was scoring political points off the social media companies in the harshest terms.

“The billionaires who run them resist accountability, resist any suggestion that they have responsibility for the harms that they are causing,” said the premier on March 14, the day Bill 12 was introduced.

“The message to these big, faceless companies is, you will be held accountable in B.C. for the harm that you cause to people.”

Given those characterizations, perhaps the big, faceless billionaires will simply direct their negotiating team to play for time until the legislation adjourns as scheduled on May 16.

“The legislation is not being pulled and we’re not backtracking,” said Sharma. “We can always come back and bring legislation back.”

The government could schedule a quick makeup session of the legislature in late May or June or even in early September, before the house is dissolved for the four-week campaign leading up to the scheduled election day, Oct. 19.

More likely, if the New Democrats feel doublecrossed, they could go back to war with the faceless billionaires with a view to re-enacting Bill 12 after a hoped-for election victory.

Even if the New Democrats get some satisfaction from the social media companies in the short term, they have also framed Bill 12 as a way to force the marketers of risky products to help cover the cost of health care and other services.

They probably mean it when they say Bill 12 is only paused, not permanently consigned to the trash heap.

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