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Court injunction stops termination of unvaccinated medical staff in Toronto

Six UHN employees brought forward an urgent motion on Friday afternoon in an effort to prevent their termination due to the UHN COVID-19 mandatory vaccination program deadline.

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An Alberta lawyer trying to bring a halt to mandatory vaccinations says a ruling by an Ontario judge shows government officials should “wake up” and stop programs across the country.

The Ontario Superior Court issued a temporary injunction preventing the University Health Network’s (UHN) from terminating a group of unvaccinated employees.

The UHN covers eight hospital sites, including Princess Margaret, Toronto General and Toronto Western hospital.

Six UHN employees brought forward an urgent motion on Friday afternoon in an effort to prevent their termination due to the UHN COVID-19 mandatory vaccination program deadline.

“The harm raised by the applicants is potentially serious and cannot be undone,” wrote Ontario Superior Court Justice Sean Dunphy, in a decision issued later that day, as reported by the Toronto Sun.

“It is alleged that some or all of them may be compelled to take the vaccine against their will because they cannot in their personal and family circumstances take the risk of being left destitute by the policy they are seeking to challenge.”

According to Ian Perry, the group’s lawyer, the injunction only applies to the six plaintiffs and 19 others who were in the process of coming on board with the legal action. The reasons why the employees are choosing not to be vaccinated were not included in the documents.

The temporary injunction paused the effects of the mandate for one week.

“The affected employees are not scheduled to be working in the first few days of the week,” Dunphy writes. “What danger their presence at work might potentially have posed is not in issue because they will not be working anyway.”

UHN says the matter is a collective bargaining issue and argues the court doesn’t have a say in the matter. The court is set to reconvene for a hearing on Thursday to explore whether the court has jurisdiction in this case.  

Dunphy stressed that the issuing of the injunction shouldn’t be mistaken for a judgment on the actual mandate.

“There may be merit to both positions and I need time to be better briefed,” Dunphy wrote.

“The decision by Justice Dunphy is the first domino to fall on behalf of people who are being forcibly vaccinated against their will,” said Alberta lawyer Jeffrey Rath, of Rath & Company.   

In an exclusive interview on Friday with the Western Standard, Rath discussed legal action his firm launched against Alberta Health Services (AHS) and AHS President and CEO, Dr. Verna Yiu, on behalf of four Alberta doctors.

“The Plaintiffs oppose being forced against their will to be vaccinated without their informed consent as mandated by AHS. Further, the Plaintiffs are opposed to disclosing their private health information or have disclosed their private health information with respect to their vaccination status against their will under threat of termination or unpaid long-term leave,” reads the statement of claim.

“Look at the recent open letter sent by RCMP members to the RCMP commissioner,” Rath said, referring to the letter sent Thursday to RCMP commissioner Brenda Lucki on behalf of the group Mounties For Freedom.

“There are over 30,000 signatures on this so far which is demonstrative of the fact that forcing people to be assaulted in order to stay employed will not be tolerated by our law enforcement in Canada.”

The letter expresses the group’s “concerns and resolute stand against the forced coercive medical intervention of Canadians, and against the undue discrimination experienced by those exercising their lawful right to bodily autonomy.”

“Trudeau, Kenney and all the others promulgating these vaccine mandates that amount to assault had better wake up,” said Rath.

“The court is going to have a very hard time agreeing that assault is a reasonable justification in a free and democratic society. Our law enforcement and the courts are starting to align themselves against these mandatory vaccines that are in actuality assault.”

In a statement to the Sun, UHN wrote: “A small number of individuals sought and received an interim injunction until later this week. UHN has no comment on this matter as it is before the court.”

It’s believed this is the first time a vaccine mandate has come up against a legal roadblock in Ontario.

Melanie Risdon is a reporter with the Western Standard
mrisdon@westernstandardonline.com

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6 Comments

6 Comments

  1. Left Coast

    October 26, 2021 at 6:06 pm

    Joe Rogan: “By the way, 200 Congress People Have Been Treated with Ivermectin for COVID”

    https://www.thegatewaypundit.com/2021/10/joe-rogan-way-200-congress-people-treated-ivermectin-covid/

  2. Left Coast

    October 26, 2021 at 10:30 am

    Our Politicians, like the ex-Premier Gladys in Australia . . . are mostly on the TAKE from the Pfizer & Moderna getting Millions in handouts while these Companies are making 10s of BILLIONS. Soon our feckless Politicians will be pushing 3rd & 4th Boosters as the VAXED start filling the Hospitals this Winter.

    I would bet almost EVERY Front Line Hospital Worker in the last 21 months has come in contact with the Wuhan Virus and has Natural Immunity . . . which according to Real Science is 20 to 27 Xs better than the VAX.

  3. Jack Masterman

    October 26, 2021 at 8:42 am

    I don’t understand, perhaps someone will enlighten me. These doctors and nurses treated COVID and other patients for two years while unvaccinated. Did they infect persons in the hospital?
    According to data from medical reports, vaccinated persons can still transmit the virus. Is the worry that unvaccinated persons will be more infectious than vaccinated persons? Apparently, the vaccine loses potency quickly as shown by statistics from Israel and a high percentage of vaccinated persons are being infected with COVID again.

    Why the push by governments to make vaccines mandatory with the threat of job loss? Don’t we need all the health care workers now? Doesn’t make any sense to me.

  4. Barry Williams

    October 25, 2021 at 1:07 pm

    If this parade gets big enough, politicians will get in front of it.

  5. John Lankers

    October 25, 2021 at 12:53 pm

    And I just learned that one of Trudeau’s personal bodyguards has openly reached out to an independent media saying Trudeau crossed the line with his vaxx mandate for federal employees and he is not taking it anymore.
    🤞Fingers crossed this will gain momentum🤞

  6. Andrew Red Deer

    October 25, 2021 at 12:32 pm

    And another door opens. Assault Indeed. YES!

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News

Canada-Europe take action over COVID variant Omicron

“Emergence of Omicron, a new variant of concern reinforces the need for caution,” said Chief Public Health Officer Dr. Theresa Tam.

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With the discovery of a new COVID-19 variant of concern (VOC) named Omicron in South Africa, the Canadian government is taking steps to limit the risk to Canadians.

Travellers arriving from countries of concern within the last 14 days will be required to quarantine pending negative COVID-19 tests. Countries of concern include South Africa, Mozambique, Namibia, Zimbabwe, Botswana, Lesotho and Eswatini.

On Friday, Canada’s Health Minister Jean-Yves Duclos said the federal government will impose five measures in an effort to limit its spread in Canada.

Canada’s Chief Public Health Officer Dr. Theresa Tam took to Twitter on Saturday to share her concerns over the VOC.

“Emergence of Omicron, a new variant of concern reinforces the need for caution,” wrote Tam.

The WHO has labelled Omicron as a variant of concern due to its high number of mutations and reports that early evidence suggests it could be more infectious than other variants.

Meanwhile, during a news conference on Saturday, British Prime Minister Boris Johnson said the UK will take “targeted and precautionary measures” after two people tested positive for the Omicron variant.

One case was identified in Brentwood, a town in southeastern England while the other case was located in the central city of Nottingham. Both individuals are linked and had travelled from southern Africa. The two individuals are self-isolating along with their households and authorities are working on contact tracing.

Johnson confirmed travellers arriving in England will be required to take a PCR test and self-isolate until a negative test result is provided. Those that test positive for the new variant will have to self-isolate, along with any of their close contacts, for 10 days regardless of vaccine status.

He also said masks will be required in shops and other public spaces and indicated they will “boost the booster campaign.”

“Right now this is the responsible course of action to slow down the seeding and the spread of this new variant and to maximize our defences,” said Johnson.

Johnson said the new rules will be reviewed in three weeks when scientists know more about the variant.

On Friday, the British government added Botswana, Eswatini, Lesotho, Namibia, South Africa and Zimbabwe to the country’s travel red list. By Saturday, Angola, Malawi, Mozambique and Zambia were also added to the list.

Other countries are adding restrictions on travellers coming from various southern African countries including the US, Japan, Brazil, and Australia while cases have also been reported in Belgium, Israel and Hong Kong.

Germany, the Netherlands, Austria and the Czech Republic have also reported suspected cases related to travellers arriving from South Africa.

Melanie Risdon is a reporter with the Western Standard
mrisdon@westernstandardonline.com

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Road closures as British Columbians brace for more rain

Closures will impact Highway 1, Highway 3 and Highway 99 on Saturday.

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As BC braces for additional rain, the government has ‘proactively’ closed a number of highways for travel.

“We are actively responding, monitoring and assessing the many highway closures due to flooding and will continue to do so as we work with local and emergency service partners,” said the BC Ministry of Transportation and Infrastructure.

“Safety is our top priority while we deal with a rapidly changing and difficult situation.”

Closures will impact Highway 1, Highway 3 and Highway 99 on Saturday. The ministry said the time and duration of the closures will be weather-dependent.

“The highway infrastructure in these areas is extremely vulnerable following recent storms, and more heavy rain in the forecast poses an additional risk,” said the ministry in a press release.

“The closures of these three highways will be re-evaluated on Sunday morning, with the highways reopened when it is safe to do so.”

The release said Highway 1 will be closed between Popkum and Hope on Saturday afternoon as BC Hydro plans a reservoir release, “crucial to protect the Jones Lake Reservoir, which is also being affected by the heavy rains.”

The release explains the reservoir release will discharge water towards areas of Highway 1 that were affected during the November 14 storm.  

“This additional flow – combined with the increased precipitation and already high stream flows – poses a risk of impact to Highway 1 in the Laidlaw area.”

The ministry is bracing for further damage to Highway 1 in this area and said the reopening time cannot be determined at this stage but will be assessed by crews “when it is safe to do so.”

Highway 7 between Mission and Hope remains open with travel restrictions in place. Essential purposes for travel are defined in the travel restrictions order through the Emergency Program Act

Weather statements are in effect for Metro Vancouver and the Fraser Valley, Squamish to Whistler and the Sunshine Coast into next week. Storms are expected to bring more rain which has resulted in high streamflow advisories for all regions of the coast by the River Forecast Centre.

Ongoing road and travel updates are available on the ministry’s website.

Melanie Risdon is a reporter with the Western Standard
mrisdon@westernstandardonline.com

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News

Bill to aid jurors traumatized by testimony up for vote … again

Bill C-206 would amend a 1972 secrecy law to permit jurors to disclose confidential details of deliberations for the purpose of “medical or psychiatric treatment or any therapy or counselling.”

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For the third time in three years, legislators will attempt to pass an aid bill for jurors traumatized by graphic testimony in criminal courts.

“When we ask citizens to be a juror we don’t ask them to be a victim,” said Quebec Senator and bill sponsor Pierre-Hugues Boisvenu.

“There is no excuse not to adopt that bill.” 

Bill C-206 would amend a 1972 secrecy law to permit jurors to disclose confidential details of deliberations for the purpose of “medical or psychiatric treatment or any therapy or counselling,” said Blacklock’s Reporter.

Two identical bills, S-207 and C-417, lapsed in the last two Parliaments.

“That kind of bill should be a government bill, not a private bill,” said Boisvenu.

“I don’t think it’s a matter of private interest. It’s a matter of national interest.”

In 2017, the Commons justice committee recommended the Criminal Code amendment after hearing testimony from former jurors who said they quit jobs, suffered marriage breakdown and were diagnosed with post-traumatic stress disorder after being compelled to watch crime scene videos and hear testimony from coroners.

“Everyone’s mental health matters,” Ontario Senator Lucie Moncion said Thursday.

“Yet from a legal point of view, jurors are part of a special category of people who are denied complete health care. The secrecy rule prohibits a juror from disclosing information related to deliberations to anyone including a health care professional. This needs to change.”

Moncion was a juror in a 1989 murder trial and said the experience left her with Post-Traumatic Stress Disorder (PTSD).

“They show you the whole autopsy,” said Moncion.

“It was very difficult. This is still very difficult for me.”

Alberta Conservative MP Michael Cooper, a member of the 2017 Commons justice committee that recommended reforms, said delays were inexcusable.

“It should have been a no-brainer for the government to have brought this bill forward,” said Cooper indicating the bill has been “studied thoroughly.”

“There have literally been no arguments tendered against this piece of legislation.”

Cooper, in 2019, sponsored a similar bill – C-417 – that lapsed. MPs at the time noted U.S. jurors were free to discuss their experience with friends, family, psychiatrists or media.

“In the United States once a trial is over jurors are generally free to discuss the events of the trial and jury deliberations unless a specific court order bars them from doing so,” said Ontario Liberal MP Arif Virani, then-parliamentary secretary for justice.

“What that means is that jurors in the United States can talk with nearly anyone about juror deliberations including a talk show host on national television or across the Internet. This approach, which offers limited protection for juror privacy, is significantly different from the Canadian model.”

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