Human Rights Archives - Page 9 of 72

December 9, 2022June 22, 2023

Wilfrid Laurier University Files Anti-SLAPP Motion Against Jordan Peterson

Remember the big stories in 2018 when Lindsay Shepherd and Jordan Peterson each sued Wilfrid Laurier University for millions of dollars? There was strangely little to report on for the next 4 years. That’s about to change.

Laurier recently filed an anti-SLAPP Motion.

SLAPP is an acronym for strategic lawsuit against public participation. These are a specific type of suit, ones that are brought (or alleged to have been brought) for the purpose of shutting down public discourse. Laurier’s Motion Record can be obtained from the Ontario Superior Court, and it’s interesting.

Turns out, there’s more to the story.

Lindsay Shepherd sued Laurier in 2018 for a total of $3.6 million. Among other things, she claimed that her prospective career in academia had been ruined by her experience. The suit named: (a) the school itself; (b) Nathan Rambukkana, a professor of communications studies; (c) Herbert Pimlott, also a professor of communications studies; and (d) Adria Joel, the acting manager of gendered violence prevention and support.

June 18, 2018, Jordan Peterson filed a $1.5 million suit against the same Defendants as Shepherd: (a) Wilfrid Laurier; (b) Rambukkana; (c) Pimlott; and (d) Joel. He announced it online as well, making sure there was public knowledge.

Peterson did something else, which was cited in Court papers: he admitted he brought the suit for purposes other than what was filed. He said that he wanted Wilfrid Laurier to be more careful in how they talk about people, and also, that he didn’t think they learned their lesson. These statements have the potential to haunt him later on.

Given how public the suits from Shepherd and Peterson were, the school felt compelled to respond in the same manner. They announced that they thought these proceedings — in particular, Peterson’s — were being used to stifle discussion.

What the Defendants were doing was setting up a defense under Section 137.1 of the Courts of Justice Act. This has been on the books since 2015.

Prevention of Proceedings that Limit Freedom of Expression on Matters of Public Interest (Gag Proceedings)
Dismissal of proceeding that limits debate
Purposes
137.1 (1) The purposes of this section and sections 137.2 to 137.5 are,
(a) to encourage individuals to express themselves on matters of public interest;
(b) to promote broad participation in debates on matters of public interest;
(c) to discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and
(d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action.

Anti-SLAPP legislation exists in Ontario, and other jurisdictions — to prevent the Courts from being weaponized on issues of public interest. The Defendants were going for the argument that this is exactly what was happening with Peterson.

Peterson then decided to sue Wilfrid Laurier a second time.

Note: there is an error with the Court display. The second lawsuit is actually worth $1,750,000, not the $175,000 that is listed.

There is actually a second lawsuit on file for Jordan Peterson. It was filed September 11, 2018. He claims that Laurier’s defense (claiming he brought the initial suit to silence public discussion) amounts to further defamation. He sued again, but this time, it was only against the school itself.

Statements of Defense have been filed concerning both of Peterson’s lawsuits. The first was on August 31, 2018, and the second was on October 11, 2018.

Apparently, publicly raising an anti-SLAPP defense in a public case amounts to further defamation. It’s unclear what made Peterson think this was a good idea.

Anyhow, the university entered some of their correspondence into evidence, and it’s very interesting. All of this is available in the Motion Record. This anti-SLAPP Motion appears to only address the second lawsuit. A likely reason is that this would be a much easier target to get thrown out.

According to the correspondence submitted in the Motion Record, Laurier’s lawyers have found it strange that Peterson has apparently had prolonged health problems. After all, he has been keeping busy with:

Authoring another book
Hosting a podcast
Participating in media interviews to promote his book
Walking several miles a day

It was reasoned that if Peterson is able to do these, then he should be willing to make himself available to be questioned (deposed).

Depositions are routine in major lawsuits. They are also common in anti-SLAPP Motions. Peterson would have to swear out an Affidavit outlining the damages he suffered, and would then be subject to cross-examination. However, this apparently hasn’t happened.

One can speculate as to his motives, but it seems Peterson has bent over backwards to avoid having to testify under oath, or give evidence.

If he were to discontinue the case, it would be a huge blow to his pride. It would be far worse if his cases (either of them) were dismissed as SLAPPs. Having a Judge rule that Peterson commenced litigation to silence public discourse would destroy his reputation as a “free speech champion”.

Peterson can’t bring himself to admit what he did. But he knows the consequences of losing. Therefore, the only option may be to drag it out indefinitely. It’s worth noting that Ontario Superior Court typically dismisses cases that haven’t been set down for Trial after 5 years, unless good cause it shown. Both of his suits are well past the 4 year mark.

And what happened when Peterson sued Laurier the first time? This!

This 2018 tweet from Lindsay Shepherd is pretty comical. After suing her university for $3.6 million, Peterson decides to pile on with another $1.5 million claim. It never seemed to dawn on her that the school might try to defend itself.

By “suing her”, what Laurier actually did was file a 3rd Party Claim. This is a form of a defense, where a Defendant states that they are not responsible for alleged damages, but someone else is. In this case, the school takes the stance that Peterson should actually be suing Shepherd. They have a valid point.

She secretly recorded a private conversation, and turned it into an international story. Regardless of the nonsense in that meeting, she chose to make it public.

Shepherd’s $3.6 million lawsuit doesn’t appear to have gone anywhere either.

Free speech absolutism also doesn’t seem to be a factor. Peterson has shown he’s perfectly okay with de-platforming identitarians, who hold views he disapproves of. The above video was of Faith Goldy being disinvited to a free speech panel. It makes a mockery of the principles he claims to hold.

While Rambukkana, Pimlott and Joel acted like clowns in 2017, Peterson shouldn’t be celebrated. He has demonstrated that he’s quite willing to use the legal system as a weapon.

In the Summer of 2021, Peterson advocated for people to suspend judgement on the lockdown measures that were being implemented across the globe. Vaccine passports were implemented shortly afterwards. Gee, it’s almost as if he knew this would happen.

Despite his reputation, he’s hardly a freedom champion.

Peterson was also denounced as a limited hangout years ago for his refusal to address more complex and controversial subjects. Search “I can’t do it” for just one example of that.

But They Compared Me To Hitler….

In various interviews, Peterson never seems to tire pointing this out. Yes, it was unprofessional, and yes, inappropriate. But there comes a point where he needs to move on.

Peterson has admitted becoming extremely wealthy in the last few years. He went from being an unknown to a household name in a very short amount of time. The incident with Shepherd and Wilfrid Laurier helped immensely.

He would be hard pressed to demonstrate how that November 2017 meeting caused him damages. And remember, it was private. It only became public after Shepherd leaked the audio.

One of the things Plaintiffs in anti-SLAPP Motions must do is prove they have suffered meaningful damages as a result of the speech or expression. If they are just nominal or non-existant, such suits are supposed to be dismissed. This is probably the reason he keeps delaying the case.

This development was covered in the National Post, but the Motion Record wasn’t included.

The Motion should be heard in 2023, to dismiss the second Peterson suit.

What will happen to his first lawsuit? If this initial anti-SLAPP Motion prevails, it seems likely that Laurier will file another to get the original case thrown out. Peterson could potentially lose 2 anti-SLAPP rulings when this is over.

That said, Peterson is now a multimillionaire, so the legal fees shouldn’t be a burden.

(1) Wilfrid Laurier University Anti-SLAPP Motion Record
(2) https://www.justiceservices.jus.gov.on.ca/MyAccount/screens/CaseLookup/CSLKUP001.xhtml
(3) https://www.canlii.org/en/on/laws/stat/rso-1990-c-c43/latest/rso-1990-c-c43.html#sec137.1_smooth
(4) https://www.youtube.com/watch?v=PkNv4LFpGf4
(5) https://www.youtube.com/watch?v=a8zLcMGCedA
(6) https://www.youtube.com/watch?v=PfjQeLn0hyI
(7) https://www.youtube.com/watch?v=WXYuqrO8LLo
(8) https://nationalpost.com/news/canada/jordan-peterson-lawsuit-wilfrid-laurier?

December 7, 2022December 7, 2022

Go Visit Shelly’s Nova Scotia FOI Website!

Several articles have gone up on Canuck Law over the last year based on the work of Shelly Hipson. She’s a Nova Scotia resident who’s spent a fair amount of time attempting to get answers from the regime of Robert Strang, Tim Houston, and Iain Rankin. It’s appreciated to see people taking the initiative.

Shelly has gone even further than making the results public. She now has a website, where the originals are posted. They are worth a read, in order to know what’s been going on.

Now, this isn’t to say that the information is all accurate. It is the government, after all. However, it’s what has been provided, so take everything with a grain of salt.

https://shellyhipson.ca/

At the time of this being published, there are over 60 FOI available, with varying degrees of information handed out. The results vary from full disclosure, to “no records”, to deliberate withholding.

There’s a pretty significant document dump posted for curious eyes.

https://shellyhipson.ca/documents/CANS-vs-STRANG/

The 2 videos shown above are also her compilations, and are on the site. With permission, they have been rebroadcast on Bitchute, Odysee, and Rumble. Given YouTube’s heavy censorship, that would not be a good place to post.

November 30, 2022November 30, 2022

Union Collective Agreement Causes BCSC Judge To Throw Out Vaccine Mandate Case

Recently, a B.C. Supreme Court Justice threw out a case involving several former employees working for the City of Quesnel. They sued the City, the City Manager, and the Province of British Columbia for attempting to force them into taking certain “injections”, to protect against an imaginary disease.

This case wasn’t decided on its merits. Instead, it came down to a lack of jurisdiction. The Plaintiffs had hoped the Court would be able to fix their problems. They were all part of the Canadian Union of Public Employees (CUPE), which probably did nothing to advance their interests.

However, there are several sections of the B.C. Labour Relations Code which have made this lawsuit impossible to advance. Specifically, as union employees with the City of Quesnel, they are prohibited from taking this to Court. Their union and collective bargaining agreements state there are different remedies.

Consequently, the Defendants brought an Application to Strike based on Section 9-5 of the B.C. Rules of Civil Proceedure. Given the terms of the collective agreement, it was argued that there was no cause of action against Quesnel.

This is not to justify (in any way) attempting to coerce the clot-shots. But the regulations make it inevitable that no court case would proceed.

It goes something like this: City employees are required to bring their issues up in the form of a grievance. If there still isn’t satisfaction, then the next step is arbitration. There are then limited avenues to appeal the outcome of arbitration, if it was unfair.

Effect of certification
27(1) If a trade union is certified as the bargaining agent for an appropriate bargaining unit,
.
(a) it has exclusive authority to bargain collectively for the unit and to bind it by a collective agreement until the certification is cancelled,
(b) if another trade union has been certified as the bargaining agent for the unit, the certification of that other trade union is cancelled for the unit, and
(c) if a collective agreement binding on the unit is in force at the date of certification, the agreement remains in force.

Section 84 gets into dismissal and arbitration. Every collective agreement has to address this in some form or another. Although the terms of dismissal and discipline vary considerably, something must still be put into writing.

Dismissal or arbitration provision
84(1) Every collective agreement must contain a provision governing dismissal or discipline of an employee bound by the agreement, and that or another provision must require that the employer have a just and reasonable cause for dismissal or discipline of an employee, but this section does not prohibit the parties to a collective agreement from including in it a different provision for employment of certain employees on a probationary basis.
.
(2) Every collective agreement must contain a provision for final and conclusive settlement without stoppage of work, by arbitration or another method agreed to by the parties, of all disputes between the persons bound by the agreement respecting its interpretation, application, operation or alleged violation, including a question as to whether a matter is arbitrable.

Section 89 of the Act gives an arbitration board the final say to impose a remedy.

Unfortunately, this is hardly unique. Most (if not all) public sector employee unions have some sort of clause which mandates grievances and arbitration as an alternative to Court. But in fairness, it’s doubtful that any of these were drafted with this specific issue in mind.

The employees argued that the circumstances of this case were an exception to the requirements that would have them go through other processes. However, that argument was rejected.

They also brought up the idea that pressuring employees to take this drug would amount to assault under the Criminal Code of Canada. That fell apart when it was pointed out that civil remedies for criminal allegations weren’t possible. Additionally, none of the Plaintiffs actually took the shots.

The Claim against the Province was struck on the basis that it “does not allege the existence of any employment relationship between the province and the plaintiffs”. The counter argument was that the vaccine mandates came from the Province itself.

The Plaintiffs did try to remove the City Manager from the case. But they didn’t seek an Order under Rule 6-2(7) of B.C. Civil Procedure. As such, he remained as a Defendant, and would now be able to seek costs.

All in all, the ruling is disappointing, but not a huge surprise. Unions typically have agreements which limit the ability of employees to seek legal action in Court. The only way to get into Court would be a limited scope to appeal if arbitration was unfair or biased.

But being pressured into taking certain drugs probably isn’t what the people who wrote these agreements had in mind.

(1) https://www.bccourts.ca/jdb-txt/sc/22/20/2022BCSC2003.htm
(2) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc2003/2022bcsc2003.html
(3) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc2003/2022bcsc2003.pdf
(4) https://www.canlii.org/en/bc/laws/regu/bc-reg-168-2009/latest/bc-reg-168-2009.html
(5) https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-244/latest/rsbc-1996-c-244.html
(6) https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec265_smooth

November 28, 2022November 29, 2022

Danielle Smith Betrays Supporters On Vaccine Passport Ban

In a move that was disappointing, but not surprising, Alberta Premier Danielle Smith has backed off on a promise to enshrine “vaccination status” as a human right. This would effectively ban the passes that her predecessor, Jason Kenney, had brought in. The latest video was published on Global News, and involves Smith explaining why this isn’t going to happen. Apparently, the issue is too complex to be handled with a single piece of legislation.

However, the reasoning makes no sense. Jason Kenney brought in the passes by Ministerial Order. This was done without public consultation, a referendum, or any debate. If the Premier wields that kind of power, then surely Smith can ban the use of them in the same way. A Bill wouldn’t even be needed.

This comes despite public pressure for remaining business to drop their own requirements for patrons, clients and customers. In other words, Smith wants businesses to voluntarily do away with the QR codes, but isn’t willing to do it herself.

This was addressed in an earlier piece. If Smith were serious about protecting the freedoms of Albertans, she would come clean on exactly what is happening regarding “public health”.

Over a century ago, an International Public Health Office was created, which we became a part of. This was done without any democratic mandate of course.

1926: International Sanitary Convention was ratified in Paris.
1946: WHO’s Constitution was signed, and it’s something we’ll get into in more detail.
1951: International Sanitary Regulations adopted by Member States.
1969: International Health Regulations (1st Edition) replaced ISR. These are legally binding on all Member States.
2005: International Health Regulations 3rd Edition of IHR were ratified.
2005: Quarantine Act, Bill C-12, is brought as domestic implementation of WHO-IHR.

It should be pointed out as well: the Quarantine Act was the basis for a lot of the content within the various Provincial Public Health Acts. Medical martial law is on the books, courtesy of policies that weren’t even written in Canada. That’s very undemocratic.

Of course, it’s possible that Smith knows nothing about any of this. If that’s the case, it’s scary how a person can wield this much power, without any awareness.

A cynic may wonder whether Smith never intended to introduce legislation in the first place. Perhaps this was a calculated plot to win the leadership race.

Another possibility is that this will come up again in the May 2023 election. Smith can facetiously campaign against the NDP, demanding she be elected, otherwise, face the return of QR codes. We’ll have to see what the next move is.

Just 6 weeks ago, Smith capitulated at the altar of political correctness. People were offended that she called the unvaccinated “the most discriminated group”. Instead of standing her ground, she apologized.

So, are the vaxx passes a human rights issue or not?

And when she says it’s important to have a “proper pandemic planning response for next time”, does she know something we don’t? Can we expect another psy-op like before?

(1) https://globalnews.ca/news/9309856/danielle-smith-bill-protect-unvaccinated/
(2) https://canucklaw.ca/what-danielle-smith-isnt-telling-her-supporters/
(3) https://www.treaty-accord.gc.ca/index.aspx
(4) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103984&t=637793587893732877
(5) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103986&t=637862410289812632
(6) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103990&t=637793587893576566
(7) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103994&t=637862410289656362
(8) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103997&t=637793622744842730
(9) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=105025&t=637793622744842730
(10) https://apps.who.int/iris/handle/10665/88834
(11) https://canucklaw.ca/wp-content/uploads/2020/09/ihr.convention.on_.immunities.privileges.pdf
(12) https://cdn.who.int/media/docs/default-source/documents/publications/basic-documents-constitution-of-who179f0d3d-a613-4760-8801-811dfce250af.pdf?sfvrsn=e8fb384f_1&download=true
(13) WHO Constitution Full Document

November 26, 2022April 23, 2023

CSASPP Certification Hearing Approaching For Class Action Suit Against Bonnie Henry

With all the bad news about Court challenges being thrown out, here’s one to keep an eye on. British Columbia may very well have a class-action suit against Bonnie Henry and the B.C. Government get to Trial in April 2023. This comes from the Canadian Society for the Advancement of Science in Public Policy, or CSASPP.

It’s nice to see regular status updates, which should be commonplace in litigation that involves public donations. People don’t want to be left in the dark.

B.C. uses a service called “Court Services Online“, which allows members of the public to search for cases in the Supreme Court, and Court of Appeal. However, it’s behind a paywall, so here are some highlights of what’s been going on.

It appears there have been Court appearances every few months (on average). This is encouraging to see, as long silences make people wonder.

Here are the notes of the decisions thus far, and it’s mostly procedural stuff.

Yes, the courts do proceed at a snail’s pace, but it’s nice to be able to see some progress being made. This is especially important for donors who have chipped in.

There is to be a certification hearing from December 12 to 16, 2022. That’s just a few weeks away. The Judge will make the decision as to whether this class action will go ahead or not.

If the case is certified, then BCPHO Bonnie Henry would be forced to testify under oath. And she does have so much to answer for.

There are a few other (smaller) cases that CSASPP is working on, but this class action is by far the largest. We will see how things turn out.

As for other B.C. news: remember that in August 2021, Action4Canada filed an incoherent 400 page Notice of Civil Claim in Vancouver. Predictably, it was struck in its entirety, although a rewrite was allowed. Instead of fixing the problem, it was appealed for some strange reason.

The CSASPP/A4C comparison is like professional baseball v.s. children’s T-ball. Guess having competent lawyers does make a difference. Then again, the T-ball players generally don’t sue spectators for pointing out glaring flaws.

In any event, the certification hearing in December will be worth watching, and hopefully it will be broadcast online. Below is just a section of the documents that are available. Many more aren’t listed.

DOCUMENTS AVAILABLE FROM CASE
(A) CSASPP 20210126 Notice of Civil Claim
(B) CSASPP 20210321 Request for Assignment of Judge
(C) CSASPP 20210331 Response to Civil Claim
(D) CSASPP 20210531 Cease and Desist Letter to Regulators
(E) CSASPP 20210621 CSASPPs Case Plan Proposal
(F) CSASPP 20210621 Dr Bonnie Henrys availability requested
(G) CSASPP 20210731 Defendants Case Plan Proposal
(H) CSASPP 20210813 Requisition for JMC for 1 October 2021
(I) CSASPP 20210817 Demand for Particulars
(J) CSASPP 20210821 Plaintiffs Response to Demand for Particulars
(K) CSASPP 20210913 Oral Reasons for Judgment Short Leave Application Seeking Stay
(L) CSASPP 20210915 Amended Notice of Civil Claim
(M) CSASPP 20211025 Affidavit No 2 of CSASPP Executive Director
(N) CSASPP 20211028 Proceedings in Chambers Defendants Application for Further Particulars
(O) CSASPP 20221101 Affidavit No 3 of Redacted Deponent Redacted
(P) CSASPP 20221102 Dr Henry and HMTKs Application Response for Webcast Application
(Q) CSASPP 20221115 Respondents Requisition Seeking 16 Nov 2022 CPC to Be Held by MS Teams

(1) https://justice.gov.bc.ca/cso/index.do
(2) https://www.covidconstitutionalchallengebc.ca/court-documents
(3) https://www.covidconstitutionalchallengebc.ca/status-updates
(4) https://www.covidconstitutionalchallengebc.ca/faq
(5) https://www.covidconstitutionalchallengebc.ca/transparency

November 11, 2022November 12, 2022

AB Court Of Appeals Confirms HCW Are “Independent Contractors”, Can Refuse Unvaccinated Patients

The Alberta Court of Appeals had upheld a Queen’s Bench (now King’s Bench) decision that allows life saving treatments to be denied on the basis of vaccination status.

Interestingly, both Courts acknowledged, but skirted around the issue of whether these shots were actually safe. Instead, it came down to the case of doctors not actually being Government agents. As such, they can’t be forced to protect people’s Charter rights and freedoms.

This seems to be — at least in part — semantics, as Alberta Health Services gives direction on these kinds of issues all the time.

That said, the Lower Court stated that it was pointless, and in fact, unproductive, to issue Orders unless it was prepared to enforce them.

[42] In my view it is not necessary for the Treating Physicians to reconcile these differences in expert opinions rather, they must be free to decide which expert opinions they accept in exercising their clinical judgment, which informs the standard of care.

Defining the Legal Relationship Between Treating Physicians and the Applicant
[44] In Rasouli (Litigation Guardian of) v. Sunnybrook Health Sciences Centre, 2011 ONSC 1500, the following passages are found at paragraphs 88 and 89:
.
However, as noted by Ellen I. Picard and Gerald B. Robertson in their text Legal Liability of Doctors and Hospitals in Canada:
.
In the great majority of cases, patients engage and pay their doctor (usually through medicare plans) and have the power to dismiss them. The hospital does not employ the physicians nor are they carrying out any of the hospital’s duties to the patient. They are granted the privilege of using personnel, facilities and equipment provided by the hospitals but this alone does not make them employees. They are independent contractors who are directly liable to their patients, and the hospital is not vicariously liable for their negligence.
.
Doctors owe a duty of care to their patients that begins upon the formation of the doctor-patient relationship. When this duty is breached, it is the individual doctors who are liable in negligence, not the hospital.
.
[45] In the result, the Treating Physicians are independent contractors who owe the applicant a duty of care.

Is the Relationship Between the Applicant and Her Treating Physicians Governed by the Alberta Bill of Rights?
[46] Since the advent of the Charter, Courts have looked to the Charter to determine if constitutionally protected rights are affected as the Charter can be interpreted more generously than Provincial Bills of Rights. There is no need to consider the claim under the Alberta Bill of Rights because if the Charter claims fail, her claim under the Alberta Bill of Rights will necessarily fail as well.

[52] The fact that the Treating Physicians, who are independent contractors, work in publicly funded hospitals under the rubric of Provincial and Federal healthcare legislation, does not mean that they are state actors subject to the Charter.

[56] In R v Dersch [1993] SCR 768, it was held at para 20, that a doctor who illegally took a blood sample at the request of the police was acting as an agent of government subjecting the action of the doctor in taking the blood sample to Charter scrutiny.
.
[57] However, at para 18, the Court observed that the actions of emergency room physicians in providing emergency treatment to the accused did not render the physicians agents of government for the purposes of the Charter.

[61] There is no evidence that at any time the Treating Physicians became agents of government in establishing preconditions for transplantation or that any governmental body was in any way involved in this process.

[69] In order for the medical system to function properly, Treating Physicians who are providing clinical advice, must be free to do so and are not governed by the Charter but rather by the standard of care which is owed to every patient.

[77] In Sweiss v Alberta Health Services, 2009 ABQB 691 at paragraph 60, the perils of the court attempting to interfere with the exercise of the clinical judgment were described:
.
The overriding theme which pervades the reasons of the English Court of Appeal in Re J. relates to its concern over the Court ordering a medical professional to treat his or her patient in a fashion which is contrary to clinical judgment. The Court in Re J. expressed its rationale as follows at 519:
.
…The Court is not, or certainly should not be, in the habit of making orders unless it is prepared to enforce them. If the Court ordered a doctor to treat a child in a manner contrary to his or her clinical judgment, it would place a conscientious doctor in an impossible position. To perform the Court’s order it could require the doctor to act in a manner which he or she generally believed not to be in the patient’s best interests; to fail to treat the child as ordered would amount to a contempt of court. Any judge would be most reluctant to punish the doctor for such a contempt, which seems to me to be a very strong indication that such an order should not be made.

Conclusion
[89] In the result, I conclude that the Charter has no application to clinical treatment decisions made by the Treating Physicians, and in particular has no application to the Treating Physicians establishing preconditions for XX transplantation. The Originating Application is dismissed in its entirety.

The Courts also brought up the issue of scarcity: people can be denied organs, given their relatively low supply, if they don’t meet certain criteria. Again, it’s not forcing anyone to get the shot, as long as they are fine with not getting the organs they need.

It’s difficult to view this as anything other than coercion.

IV. Conclusion
[74] This is not the first time medical judgments about allocation of scarce resources have been made in the face of competing needs. While such decisions are doubtless exceedingly difficult, they nevertheless must be made. In this case, the Charter does not apply to the respondents’ exercise of clinical judgments in formulating pre-conditions to [organ] transplant, including requiring vaccination against COVID-19 in the wake of the pandemic.

[75] In conclusion, we are not persuaded this Court can, or ought to, interfere with generalized medical judgments or individualized clinical assessments involving Ms Lewis’ standard of care. In the circumstances of this appeal, while Ms. Lewis has the right to refuse to be vaccinated against COVID-19, the Charter cannot remediate the consequences of her choice.

[76] The appeal is dismissed.

Think about the ramifications of these rulings: a person cannot be forced to get an experimental vaccine. However, doctors have the right to withhold life saving treatments if they refuse. In other words, it’s still “take the vaccine or die”.

A cynic may wonder if doctors are going along with this since they were forced to get the shots in order to keep practicing. Perhaps they wish for everyone to suffer, instead of admitting they made a mistake.

This may (or may not) be the end of the road. At this point, the only available option is to file an Application for Leave to be heard at the Supreme Court. And although they reject cases deemed not to be “in the national interest”, it seems likely that this one would be heard at least.

(1) https://www.canlii.org/en/ab/abqb/doc/2022/2022abqb479/2022abqb479.html
(2) https://www.canlii.org/en/ab/abqb/doc/2022/2022abqb479/2022abqb479.pdf
(3) https://www.canlii.org/en/ab/abca/doc/2022/2022abca359/2022abca359.html
(4) https://www.canlii.org/en/ab/abca/doc/2022/2022abca359/2022abca359.pdf
(5) https://edmontonjournal.com/news/crime/court-upholds-doctors-right-to-require-covid-vaccination-for-organ-transplant-patient-saying-alternative-is-medical-chaos

Category: Human Rights

Wilfrid Laurier University Files Anti-SLAPP Motion Against Jordan Peterson

But They Compared Me To Hitler….

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Go Visit Shelly’s Nova Scotia FOI Website!

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Union Collective Agreement Causes BCSC Judge To Throw Out Vaccine Mandate Case

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Danielle Smith Betrays Supporters On Vaccine Passport Ban

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CSASPP Certification Hearing Approaching For Class Action Suit Against Bonnie Henry

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AB Court Of Appeals Confirms HCW Are “Independent Contractors”, Can Refuse Unvaccinated Patients

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But They Compared Me To Hitler….

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