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Thread: Mandated Vaccines - The law - Read about your rights

  1. #11
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    To add to what Mark has posted:

    from: https://ca.news.yahoo.com/companies-...080000021.html


    What charter rights might apply to vaccine mandates?

    There are potentially at least three sections of the charter that could be used by a government employee to challenge a vaccine mandate, including Section 7 — the right to life, liberty and security of the person.

    That could be cited to challenge "a policy that seems to coerce people into getting vaccinated," wrote University of B.C. law professor Debra Parkes and University of Ottawa law professor Carissima Mathen in a recent editorial.

    However, Bryan Thomas, adjunct professor at the University of Ottawa's Centre for Health Law, Policy & Ethics, says he believes challenges under Section 7 are unlikely to be successful because that section doesn't protect an individual's economic interests or "your ability to retain a job."

    Section 15, which offers protection from discrimination, could also be invoked but Thomas says he believes it would fail as an argument because an employer is not actually discounting anyone's interests.

    WATCH | All kinds of employers grappling with vaccine mandates

    "[They're] making up kind of this a legitimate form of discrimination and saying, you know, you unvaccinated person pose a great risk to yourself and to others by entering the workplace," said Thomas.

    Section 2A, the so-called religious exemption, or freedom of conscience, could also be applicable.

    Parkes and Mathen wrote that this an underdeveloped area of charter law, but could be relevant "where a person has a sincerely held belief that the vaccination is harmful to their health or, in some other way, deeply wrong."

    But Thomas said someone who is vaccine hesitant, for example, couldn't claim that's a freedom of conscience issue.

    "The courts have a more rigorous test or standard for conscience," he said. "It has to be something that's akin to a religion in your life."

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  3. #12
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    Sounds to me like… employers have the right….Charter arguments will fail, as Sec7 doesn’t apply. There will be lots of rich lawyers around !!!
    I highly doubt that these Governments, businesses, banks, Municipalities, etc., etc., that have initiated vaccine mandates, have done so without doing their due diligence !!!!
    Last edited by rick_iles; August 23rd, 2021 at 06:08 PM.
    “If you’re not a Liberal by twenty, you have no heart. If you’re not a Conservative by forty, you have no brain.”
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  4. #13
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    Quote Originally Posted by Gregger17 View Post
    I guess the unemployment rate will be increasing, especially in the health care sector lol


    Sent from my iPhone using Tapatalk
    Over 3 million people quit their job in the USA in july . That's when the health care workers were supposed to be vaxxed by I'm sure many health care workers walked some will fight it through .

    Sent from my CLT-L04 using Tapatalk
    Last edited by fishfood; August 23rd, 2021 at 06:34 PM.

  5. #14
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    Quote Originally Posted by line052 View Post
    Quite simply put. No act or law exists in Canada to force you take a vaccine..FULL STOP period.

    The recent announcements by the taking heads cannot be enforced (just like protesting during lockdowns - all thrown out in court), You fundamentally cannot be fired (that won't stop them from doing it), you cannot be forced into accepting a medical procedure. You cannot be forced to wear a facemask, I see a lot of talk on this forum and across many platforms. Educate yourself on your rights.

    Section 7 of Charter https://www.justice.gc.ca/eng/csj-sj...heck/art7.html

    To understand how this applies to you is clearly given in case law, case after case clearly protects your medical freedoms to make your own medical choices. You cannot be forced to take a vaccine.

    If the Feds (they have not yet ), invoke the FED EMA (The old War Measures Act), then your charter rights under Section 7, can be suspended using Section 1. There is a parliamentary checks and balances procedure to invoke Section 1. It would never stand up to legally in the case SAR-COV-2, as it is proven in provincial applications already - the data is not there from Provincial Health authorities, or was not presented in court (because they cannot).

    Secondly, anyone facing work pressure also has the CHRC to fall back on even if EMA is invoked.

    https://www.chrc-ccdp.gc.ca/en/about...discrimination

    Anyone who is let go (DO NOT QUIT - EVER), has clear cut case under Section 7 (Kadhar VS GOC) and a legal valid case under CHRC for discrimination and a lawsuit without having to file a Class Action Lawsuit.

    Please dont speculate educate yourself.

    All that being said, any employer can do what they want, just like a questionable traffic infraction - and the onus remains on you to fight in court.
    Good post.

    I myself have a much easier approach, however: just tell people you identify as vaccinated (checkmate, liberals!)

    Of course you could also claim it’s against your religion. Christianity? Haha no...good luck objection on those grounds! I’m talking about the big kahuna, the get out of anything card, just claim ‘islamophobia’ and everyone will grovel at your feet and give you special treatment.

    Glad I could help.
    The best part about being a "conspiracy theorist" is not having myocarditis.

    Roses are red, violets are blue, taxation is theft, inflation is too.

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    Quote Originally Posted by rick_iles View Post
    Sounds to me like… employers have the right….Charter arguments will fail, as Sec7 doesn’t apply. There will be lots of rich lawyers around !!!
    I highly doubt that these Governments, businesses, banks, Municipalities, etc., etc., that have initiated vaccine mandates, have done so without doing their due diligence !!!!
    Here is a legal opinion on the subject.

    https://www.instagram.com/tv/CS5Axoi...dium=copy_link


    Last edited by impact; August 24th, 2021 at 04:38 AM.

  7. #16
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    Excellent post, Thanks Line 052. I'm pretty sure this is a ploy to coerce those who are on the fence into getting jabbed.239662412_840851029924447_3990110576997197245_n.jpg

    Canadian Government Bluffing?
    https://rumble.com/vldhev-the-canadi...0Rha_011hkVQoI

  8. #17
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    Remember when they had to wear a yellow six sided star, well now you need a covid passport so big brother can track your every move. Just wait, maybe already doing it, there will be a card reader to enter all those places requiring it.

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  10. #19
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    Anyone is of course free to believe whatever whacked-out shysters the anti-vaxxers look to for their legal opinions.

    Meanwhile in the real world...

    https://windsor.ctvnews.ca/mandatory...yers-1.5559659

    Mandatory vaccine rules likely to standup in court: Employment lawyers
    CTV Windsor reporter Michelle Maluske
    Published Tuesday, August 24, 2021

    WINDSOR, ONT. -- Two Canadian employment lawyers tell CTV News mandatory vaccine policies will be difficult for people to fight.

    “Employees are unfortunately going to have to get vaccinated in order to return to work,” says Athan Makrinos.

    Makrinos says employers are within their rights and are legally bound to provide a safe work environment.

    “They could be liable for millions and millions in damages if they don’t (and an employee gets COVID from the workplace),” adds lawyer Howard Levitt.

    Both acknowledge that COVID is a new crisis, and none of the vaccine policies have yet been challenged in court.

    However, they both say they are confident an employee would not be successful if they tried to fight for severance pay or to be reinstated, if they lose their job over vaccine status.

    “Individuals who do not have a medical or religious bona fide reason for not receiving the vaccine will not meet success, should they escalate this to an actual, real grievance,” says Makrinos.

    Levitt adds the number of Canadians who will qualify for a medical or religious exemption is extremely low
    Before anyone puts their employment in jeopardy based on on-line advice from anti-vaxx shysters keep in mind that blue-chip Bay Street law firms in Toronto, the very best legal minds in the country, have no doubts about the legality of mandatory vaccination requirements and are introducing them in their workplaces.

    https://www.theglobeandmail.com/busi...cine-mandates/

    Law firms embrace COVID-19 vaccine mandates
    JAREN KERRMERGERS AND ACQUISITIONS REPORTER
    PUBLISHED AUGUST 25, 2021
    UPDATED 1 DAY AGO

    Several Bay Street law firms are joining a wave of Canadian companies that now require employees to be fully vaccinated to return to the office.

    In recent weeks, large employers such as Sun Life Financial Inc., University Health Network and Canada’s five largest banks have announced mandatory vaccination policies. Nine corporate law firms told The Globe and Mail they, too, have implemented vaccine mandates, or plan to in the near future.

    Osler, Hoskin & Harcourt LLP, Wildeboer Dellelce LLP, Fasken, McMillan LLP, Gowling WLG Canada, Norton Rose Fulbright Canada LLP, Cassels Brock & Blackwell LLP, McCarthy Tétrault LLP and Lenczner Slaght LLP make up the list.

    Borden Ladner Gervais LLP, the country’s largest law firm, said it is “strongly encouraging” its workers to be vaccinated. BLG said it will make a firm decision on its vaccine policy after collecting the results of a survey sent to its 1,928 employees.

    The COVID-19 pandemic forced remote work on many white-collar employees, and managers across corporate Canada have seen proof that their workforces can still be productive taking calls in their living rooms. But with 73 per cent of Canadians age 12 and older now fully vaccinated against the coronavirus, some executives are eager to bring staff back to the office, where they believe there is better communication, more camaraderie and a stronger sense of a common goal.

    “The walls around the unvaccinated are crumbling down,” said Perry Dellelce, one of the founders of Wildeboer Dellelce LLP and managing partner. The firm announced a mandatory vaccination policy on Aug. 16.

    “It’s just ridiculous and lacks common sense to not follow the science and to not get vaccinated,” Mr. Dellelce said, adding that, so far, he has only received positive feedback about the policy from his employees.

    Several firms told The Globe their vaccine mandates will come into effect in September, together with their plans to bring lawyers back to the office. The vaccine mandate at Norton Rose Fulbright, for example, begins on Sept. 15.

    “We did so because we believe vaccination is safe; it’s necessary to protect our people and their families; and it’s the right thing to do for the country to recover and move forward,” said Barbara Timmins, a spokeswoman for the firm.

    Some firms told The Globe their vaccination policies make room for exceptions. McCarthy Tétrault, which enacted its policy on Aug. 23, is giving unvaccinated employees paid time off to get their shots by Sept. 30. It will consider exemption requests from “those who cannot be vaccinated due to medical or other grounds,” according to Pat Dean, a consultant at the firm.

    “If a firm member is granted an exemption, they will be accommodated in a way that protects their safety and other members of the firm’s safety as much as possible,” he said.

    Exemptions for medical and religious reasons will be an option at Cassels Brock as well. Its vaccine mandate also includes outside vendors and visitors. The 600-person firm is currently in the first phase of a three-step return-to-office plan, which makes attendance voluntary for now. On Nov. 1, the firm will officially begin a hybrid work model, with employees working at the office for part of the week.

    Mr. Dellelce said a vaccine mandate will make office collaboration possible again, which he believes is necessary to get the best out of employees.

    “We can’t build a business with satisfaction, challenge, growth, excitement, innovation, remotely,” he said. “You need to live the failures and enjoy the successes together in person … there’s no substitute for that.”

    He added the return to the office will benefit young lawyers who need mentorship to advance their careers. Many people in the legal industry have expressed concern the pandemic and remote work have stunted the development of early-career lawyers.

    “Mentorship of our young people is not the same, for sure,” Mr. Dellelce said. “Our young people will not be as good lawyers as a result of this [pandemic], or it will take time ... you can’t walk through a legal issue or a document without having that interaction.”

    Ottawa has made vaccination a requirement for federal public servants, and said it expects Crown corporations and employers in federally regulated industries, such as telecommunications and insurance, to do the same. Rogers Communications Inc. and insurer Canada Life Assurance Co. are among companies that have recently enacted vaccine mandates.

    Many smaller workplaces are also in favour of vaccine mandates. In a recent poll by KPMG Canada, 62 per cent of Canadian small and medium-sized businesses said they plan to make vaccinations mandatory for employees.

    The wave of employer mandates is happening as more venues for leisure and recreation are requiring vaccinations to enter. Restaurants across the country have enforced vaccine policies, and Maple Leaf Sports & Entertainment – which owns the Toronto Maple Leafs, Toronto Raptors and Scotiabank Arena – will require proof of vaccination or a negative COVID-19 test result to enter its events.
    So your options are to convince your employer you have joined a new religion or convince a doctor that you are exempt on legitimate "medical grounds." Don't expect your employer to just take your word for it and be prepared to provide proof.

  11. #20
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    Quote Originally Posted by Badenoch View Post
    Anyone is of course free to believe whatever whacked-out shysters the anti-vaxxers look to for their legal opinions.

    Meanwhile in the real world...

    https://windsor.ctvnews.ca/mandatory...yers-1.5559659



    Before anyone puts their employment in jeopardy based on on-line advice from anti-vaxx shysters keep in mind that blue-chip Bay Street law firms in Toronto, the very best legal minds in the country, have no doubts about the legality of mandatory vaccination requirements and are introducing them in their workplaces.

    https://www.theglobeandmail.com/busi...cine-mandates/



    So your options are to convince your employer you have joined a new religion or convince a doctor that you are exempt on legitimate "medical grounds." Don't expect your employer to just take your word for it and be prepared to provide proof.
    LMAO, Sounds like another one of your fantasy mandates. Why would I provide proof of anything when I'm not legally bound to disclose my personal medical history.

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