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UPDATED TIMELINE: Justice Centre takes Ontario government to court over vaccine passports

“The Ontario vaccine passport, itself, is an instrument of coercion that pressures individuals to submit to a medical intervention, contrary to their will and their own best judgment,” said JCCF lawyer Jorge Pineda.

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The Justice Centre for Constitutional Freedoms (JCCF) has taken their fight against Ontario’s vaccine passports to the Ontario Superior Court of Justice.

The JCCF was retained by eight Ontario citizens who filed a constitutional challenge against the vaccine mandates calling it a violation of “their Charter rights and freedoms.”

“The Supreme Court of Canada has found that the Charter protects the right to bodily autonomy and informed consent, this is the law and it is indisputable. The vaccine passport is a brazen attempt to subvert the Charter and to render its protections meaningless,” said Jorge Pineda, a staff lawyer at the Justice Centre.

In a press release, the JCCF said although Ontario Premier Doug Ford claims the vaccine passports “give us the best chance to slow the spread of this virus while helping us avoid further lockdowns,” the premier doesn’t dispute vaccinated people can still catch, carry and spread the viruses.

As well, the release states, “vaccine manufacturers have only promised those receiving the new mRNA vaccines will suffer less severe symptoms; no promise was made that vaccines stop the spread.”

One of the eight applicants suffered serious adverse effects from the first dose. Sarah Lamb, from Kitchener, has been unable to obtain an exemption to the passport despite her vaccine injury as the Ontario government has proclaimed exemptions will “only be accepted in very limited cases.”

Another applicant, Sarah Hariee, is an expectant mother with degrees in nursing and public health. Hariee is concerned for her safety and that of her unborn child due to the current lack of long-term studies on the vaccine’s safety.

Evan Kraayenbrink is a paramedic who is opting to wait for further safety data on the effects of the vaccine. Kraayenbrink, a third applicant in the challenge, also has religious beliefs that play a part in his decision to remain unvaccinated at this time.

Sam Sabourin, another applicant, is a gym owner in Ottawa. The 29-year-old is “exercising his Charter right to bodily autonomy” by refusing the COVID-19 vaccine and refuses to deny entry to his gym for others who are not vaccinated.

“With respect to owners of businesses and organizations, the vaccine passports compel them to enforce unconstitutional laws, as well as laws that would typically be considered to violate human rights legislation. Ontarians should not be forced to discriminate and exclude others from society on the basis of a personal and private medical decision,” said Pineda.

“The Ontario vaccine passport, itself, is an instrument of coercion that pressures individuals to submit to a medical intervention, contrary to their will and their own best judgment.

“Not only is this ethically wrong, it is also illegal. When we get before the Court, we will be urging that they see these vaccine mandates for what they really do, which is take away the long-standing rights of citizens to make informed decisions about their own medical care.”

Ontario’s vaccine passport laws were introduced on Sept. 22, 2021 which prohibit individuals from entering restaurants, gyms and other establishments unless the’re fully vaccinated. At that time, the JCCF sent the Ontario government a warning letter requesting they rescind their “vaccine passport” laws or face legal action.

As of October 20, individuals will need to produce government-issued QR Codes on a smart phone in order to obtain services the government has deemed non-essential.

UPDATE: The Western Standard spoke with JCCF staff Lawyer, Jorge Pineda, on an expected timeline for the Notice of Application to be heard.

“A Notice of Application is meant to be heard much quicker than say a Statement of Claim and we are hoping to have this application heard early 2022.”

Pineda acknowledged the matter is urgent as “many people are losing their livelihoods,” but said it’s important they take the necessary time to be prepared and “mount the best legal challenge possible.”

“We are pushing for a quick turnaround on this – likely January or February,” said Pineda.

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

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1 Comment

1 Comment

  1. Mark Davis

    October 18, 2021 at 8:33 pm

    vaccine passports are not medical tools they are political tools to help the government control the people just like the Nazis did in Germany

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Sask Polytech ditches vax policy but burdens unvaxxed with testing costs

The Justice Centre is unsatisfied with the response of Sask Polytech and reiterated its intention to pursue legal action against the institution and against the University of Saskatchewan over its requirement for staff and students to be vaccinated for COVID-19.

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By LEE HARDING

The Justice Centre for Constitutional Freedoms is unsatisfied with the decision of Saskatchewan Polytech to reverse its vaccination requirement for staff and students because the institute does not recognize natural immunity and imposes testing costs on the unvaccinated.

On November 19, the Justice Centre sent Sask Polytech and the University of Saskatchewan letters demanding they reverse their requirement that all staff and students be vaccinated by January 1, 2022. 

On December 1, Sask Polytech reversed its “vaccinated only” policy but now requires unvaccinated staff and students to comply with testing three times a week at their own expense. In a press release, the Justice Centre called this “unacceptable.”

“Such testing requirements for students are even greater than the Saskatchewan government’s requirements for employees of its ministries. Sask Poly has also failed to recognize the compelling scientific evidence of natural immunity for those who have already recovered from Covid-19 and have proof of antibodies,” reads a JCCF press release on Saturday.

“Testing costs, which could exceed $200 per week, mean that only the wealthy and privileged can bear the burden,” stated Andre Memauri, the Justice Centre’s Saskatoon-based lawyer.

“Sask Poly, which has chosen to impose discriminatory testing requirements for staff and students, has the ability to acquire these tests at wholesale cost.”

The Justice Centre said it would commence legal proceedings against Sask Poly in the Court of Queen’s Bench unless Sask Poly immediately absorbs the testing costs and recognizes natural immunity. 

On October 28, the U of S and Sask Polytech announced mandatory vaccinations for all students, staff and faculty, removing the alternative of twice weekly testing which had been in place since the start of the school year. The Justice Centre will also commence legal action against the U of S for refusing unvaccinated students. 

On November 26, Global News reported a 19-year-old student was hospitalized briefly with breathing problems after receiving the Johnson and Johnson vaccine. The student’s mother, Michelle Marciniuk, publicly called for the university to reconsider its policy.

The U of S’ policy includes exemptions on medical and religious grounds in accordance with the Saskatchewan Human Rights Code. But according to the Justice Centre, the university usually rejects exemption requests or does not respond to them for several weeks. Besides this, the university has made itself the arbiter of faith considerations for religious exemptions. Medical exemptions have become a difficult document for patients to receive in Canada, due to regulatory pressure on physicians not to provide them based on their medical judgement except in very rare circumstances.

The U of S crowns itself for academic freedom, diversity, equality, human dignity and a healthy work and learning environment, yet it has harshly terminated faculty for speaking on the hallmark principle of informed consent for Covid-19 vaccination of children,” stated Andre Memauri, a U of S alum. 

“Now, the U of S seeks to exclude and villainize those who decide for various reasons not to be vaccinated…Without question, our community has been through a great deal of difficulty and it requires these institutions to lead as vessels of science not ideology…The Justice Centre demands both schools follow the science and adopt policies that bring students together in the most safe and lawful manner.”

The letters sent to both schools from the Justice Centre on November 19 warned that the schools are seeking to deprive students from education on the basis of vaccination status, contrary to Article 26 of the Universal Declaration of Human Rights and Sections 2(a), 7, and 15 of the Canadian Charter of Rights and Freedoms.

Harding is a Western Standard contributor based in Saskatchewan

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CRA wants more tax filers to file online

The government’s own research shows millions of paper filers resist change.

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The taxman is angry that too many Canadians are still filing by mail, says Blacklock’s Reporter.

The government’s own research shows millions of paper filers resist change.

“Those who submit their taxes by mail most often say they use paper rather than filing electronically because it is simply how they prefer to do it, e.g. they do it out of habit, because ‘it’s what they are comfortable with,’ they like it, etcetera,” said a Canada Revenue Agency (CRA) report.

“Just 13% cite security issues.”

Data show of 30.5 million tax returns filed this year a total 2.7 million or 9% were filed on paper. Millions of taxpayers, a total 4,234,772 including Internet filers, demanded refunds be paid by mailed cheque instead of direct deposit.

The CRA complained it would be “more timely and efficient” if all taxpayers used the Internet. The Agency spends $6.9 million annually mailing T1 general tax forms alone.

“There is still a sizable proportion of taxpayers who are conducting their business with the Canada Revenue Agency through paper rather than taking advantage of digital services which are much more timely and efficient,” said the report.

Research showed typical paper filers were working age men under 55 who completed their own return without a tax preparer, had a university degree, earned more than $80,000 a year and were more likely than other Canadians to prefer in-person teller service rather than online banking.

“The most important factor influencing why respondents file by paper instead of online is disinterest,” wrote researchers, who added: “Apathy is a barrier. Fifty percent of likely switchers say they are simply not interested in switching. Therefore the agency will have to demonstrate the value of switching.”

Findings were based on questionnaires with 2,000 taxpayers who filed returns by mail. The Agency paid Earnscliffe Strategy Group $130,061 for the survey.

The research follows a failed 2012 campaign to have all Canadians use direct deposit for payment of tax refunds and benefit cheques. The attempt by the Receiver General of Canada, the federal office responsible for processing payments, was intended to save costs. Paper cheques cost 82¢ apiece to process compared to 13¢ for electronic transfers, by official estimate.

An estimated 13% of taxpayers refused to surrender bank account information to the Receiver General. “Cheque recipients have become harder to engage,” said a 2020 Department of Public Works survey.

“A few have a general distrust of the Government of Canada’s ability to protect data,” wrote researchers. A total 23 percent of Atlantic residents said they wouldn’t rely on the government to protect their privacy, followed by 22% in Saskatchewan and Manitoba, 21% in Ontario, 19% in Alberta, 18% in BC and 12% in Québec.

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WATCH: Alberta Oil drives Guilbeault to meeting with Nixon

Federal Environment Minister Stephen Guilbeault’s tour of Alberta has already kicked off with a whiff of hypocrisy.

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Attended by a sizable entourage, Guilbeault exited his black gasoline-powered SUV and hustled into the McDougall Centre in Calgary for a meeting with Alberta Environment Minister Jason Nixon.  

Guilbeault has dedicated most of his career to telling Canadians they need to transition from petrochemically fueled transportation. During this meeting though, Guilbeault chose not to find an utilize an electric-powered SUV in order to demonstrate his environmental virtue. With the resources of the entire federal government behind him, one would have thought that Guilbeault could have arranged appropriate transportation for his cross-Canada tour.  

It’s almost as if electric vehicles are still not ready for mainstream use yet. 

At least Guilbeault contributed to the Western economy with his conspicuous consumption of local petrochemical products.  

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