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Judge says mandatory vaccinations programs ‘raise a serious issue’

“Rights protected by the Charter are not absolute,” said Justice Nicholas McHaffie, who added the issue will be decided at a trial.

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The issue of mandatory vaccinations orders “raise a serious issue,” says a federal court judge, who then ruled he would not bring in an injunction to stop it, says Blacklock’s Reporter.

“Rights protected by the Charter are not absolute,” said Justice Nicholas McHaffie, who added the issue will be decided at a trial.

“Arguments on these issues will be decided at a later date,” he wrote

An October 6 order by the federal Treasury Board requiring select federal employees and contractors show proof of vaccination or medical or religious exemption appeared “a rational measure,” he added.

David Lavergne-Poitras, 35, a technician with contractor PMG Technologies Inc., told the court he faced layoff or firing after declining a COVID-19 shot.

“My knowledge of and concerns with these potential side effects and complications results in severe anxiety over being vaccinated for COVID-19 to the point that if forced to choose between being vaccinated to remain employed with PMG, or losing my job and avoiding vaccination, I would likely choose the latter,” he wrote the court.

Lavergne-Poitras’ employer operates a vehicle test track at Blainville, Que.

Lavergne-Poitras said he had little or no contact with federal employees, worked mainly outdoors and considered the federal order improper since cabinet “could not unilaterally impose conditions in respect of an existing contract.”

McHaffie rejected a request for an immediate injunction exempting the Blainviille track from the vaccination order pending a full hearing.

“Mr. Lavergne-Poitras has confirmed that he does not intend to get vaccinated,” wrote the court.

“The harm he faces is the loss of his job. While this is a significant and important consequence, Canadian courts have confirmed the loss of employment is something that can be compensated in money damages.

“Mr. Lavergne-Poitras has the right to decide not to be vaccinated and neither the Government of Canada nor the court should second guess that decision. This motion is about the consequences of that decision.”

The Treasury Board order required that select employees disclose their medical status, including employees of federal contractors, and either confirm they were immunized against COVID-19 or provide a doctor’s note claiming a medical exemption, or notarized statement claiming a religious exemption.

To date, a total 267,222 of 268,000 federal workers directly affected by the order have disclosed their vaccination status, a 99.7% compliance rate. Of those, a total 261,817 are fully or partially vaccinated. Another 3,150 unvaccinated employees asked for waivers on medical or religious grounds.

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17 Comments

17 Comments

  1. Bill Mccann

    November 19, 2021 at 9:56 am

    Canada is already full blown communist if the charter of rights aren’t absolute.

  2. James Smith

    November 19, 2021 at 7:33 am

    they are lying about everything now, don’t trust the govt or the msm

  3. Ben Wilson

    November 18, 2021 at 9:38 am

    Note: Any person who thinks they had Covid, go to a private lab and get tested to see if you have the Anti body. If you have the antibody. Then take the results to your Doctor. Only your Doctor can add this to your medical records.

    It is so obvious that no one is saying check to see if you have had Covid already before you get a jab. It’s just get the jab. It’s like politicians are all getting kick backs. Hmmm.

  4. Spitfire66

    November 17, 2021 at 1:27 pm

    Don’t give up your guns, unless you want Canada to go the way of Australia!
    The only way to fix this is going to be through force!
    We the people need to take back our country or it will be gone just as fast as our freedoms are disappearing.
    The government is on the way to completely ruining everything we love about this once great country.
    What’s it gonna take for people to stand up and say enough?

  5. Barbara

    November 17, 2021 at 1:10 pm

    On October 24, Lutchmedial took to Facebook to post what appeared to many to be an acknowledgment that he had received the booster, writing “Vax Shot 3: Electric Flu-Galoo,” giving the jab “two thumbs up” in a missive that has drawn attention on social media.

    A prominent cardiologist who delighted in jabbing vaccine skeptics on social media suddenly died in his sleep only two weeks after apparently endorsing the third Covid shot, a major loss to the patients he was treating as well as the local medical community.

    Dr. Sohrab Lutchmedial, who served as director of the interventional cardiology program at Canada’s New Brunswick Heart Centre and who has been described as an “inspiring spirit,” passed away on November 8th, leaving behind stunned family, friends, and colleagues who were blindsided by the tragic death of the 52-year-old.

  6. Barbara

    November 17, 2021 at 1:04 pm

    Prominent cardiologist who said he would not cry at funeral of ‘selfish’ unvaxxed, dies in sleep weeks after endorsing third jab

  7. Barbara

    November 17, 2021 at 12:11 pm

    Dennis!…..Thank you for the video ..Is’s so chilling but so relevant.
    It really is a must see

    https://youtu.be/qPi5hoNfSeM

  8. Mises

    November 17, 2021 at 12:02 pm

    Our country is at the crossroads. If super majority of politicians, media, judiciary supports fascism. What’s next? Genocide? State terror? Did they all skipped history classes?

  9. K

    November 17, 2021 at 11:48 am

    I don’t need a fucking piece of paper to tell me what’s right and what isn’t. I know in my soul that harassing and coercing people to take experimental medication for a false pandemic is evil, the charter can burn for all I care. There is no rule of law in Cana-duh anymore.

  10. berta baby

    November 17, 2021 at 10:50 am

    Kangaroo courts .

  11. Dennis

    November 17, 2021 at 10:44 am

    TM, further to your comment, this video was recorded in 2013. See any similarities to Alberta?

    https://youtu.be/qPi5hoNfSeM

  12. Dennis

    November 17, 2021 at 10:41 am

    Call me a crazy conspiracy theorist but do you suppose a $1000/second might have any influence on where this is headed? What would Justin’s cut from this be? Naw, Say it ain’t so!!!!

    Pfizer, BioNTech, Moderna Making $1,000 Every Second From COVID-19 Vaccines: People’s Vaccine Alliance https://link.theepochtimes.com/mkt_app/pfizer-biontech-moderna-making-1000-every-second-from-covid-19-vaccines-peoples-vaccine-alliance_4108990.html?utm_source=appan2028231

  13. Cosmo Kramer

    November 17, 2021 at 10:22 am

    I agree with the previous comments. What is amazing is that these gene therapy injections (marketed as vaccines) are in phase 3 of the clinical trials which can last until 2023. Then phase 4 begins. The efficacy is very low and it does not prevent transmissions. The deaths and serious adverse reactions are off the charts (more then 17,000 in the USA according to the VAERS database and that is said to be a fraction of the real numbers). The survival rate for covid-19 is above 99.8%.

    Yet, these are aggressively forced on people. This is beyond insanity. What kind of evil monsters make up the Canadian establishment (politicians, judiciary, education elites, etc.).

    Canada is indeed a failed state. We are indeed in for very rough times with lots of suffering and carnage.

  14. TM

    November 17, 2021 at 10:18 am

    Much like Germany in the 30’s those that needed to be steadfast (doctors, judges), cowered in the face of the cult and sent an entire peoples to slaughter.

    History is repeating itself and thanks to McHaffie and his ilk, many will die directly as a result of their cowardice. The genocide of the informed and awake is just beginning.

  15. Declan Carroll

    November 17, 2021 at 9:40 am

    If a right is not absolute then it is not a right. It is a privilege to be granted and taken away on a whim. I expect zero relief from our totally corrupt marxist judiciary. This show trail is a waste of time and taxpayer money as the outcome is a forgone conclusion.

  16. Dennis

    November 17, 2021 at 9:37 am

    Oh yes, we have rights you say. Take a look at how things are progressing in Singapore and ask yourself if there are any similarities to Alberta. It gets real interesting around the 30 minute mark of this video.

    Watch “COVID-19 and Singapore with Dr Florence H-Jennings, PhD MSc(Eng)” on YouTube

    https://youtu.be/HefvmqiyscE

  17. Left Coast

    November 17, 2021 at 9:37 am

    “Rights protected by the Charter are not absolute,” . . . Everything that is wrong with Canada’s Supremes in the nutshell.

    Rights are what the “Supremes” want them to be . . . which is different from a Despotic Regime how?

    The VAX is a complete FAIL according to Fauci, Gates and Canada’s Deputy Dr. . . . Boosters are the Future perhaps forever. And this SC fool sits on his hands . . .

    Hospitals In Antwerp Belgium Are Now Reporting That 100% Of Their COVID Cases Are Double Vaccinated

    https://vidmax.com/video/208557-hospitals-in-antwerp-belgium-are-now-reporti

    On Thursday, CEOs and medical directors of Antwerp hospitals met. The mood was one of concern. “But there is also resignation: here we go again, we’ll solve it again?”, says Kristiaan Deckers, medical director of the Antwerp GZA.

    We will kill 117 kids to save one child from dying from COVID in the 5 to 11 age range

    That’s according to a risk-benefit analysis done by risk-benefit expert Dr. Toby Rogers. His analysis has been viewed by over 22,000 readers. No mistakes were found. Nothing but praise.

    What more does this Govt Funded Lackie need to know . . .

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News

Madu out as justice minister

“I have spoken with Minister Madu about the March 10 incident reported in the media today. I conveyed to him my profound disappointment in his decision to contact the Edmonton Police Chief after receiving a ticket for a traffic violation.”

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Alberta Premier Jason Kenney has removed Justice Minister Kaycee Madu from his job after he called Edmonton’s police chief about a distracted parking ticket he received.

Madu was fined $300 on March 10, 2021 after an Edmonton police officer caught him talking on his cellphone while driving through a playground zone.

Madu soon phoned Dale McFee, the city’s chief of police, and discussed the ticket with him. 

“Minister Madu did contact me via the telephone concerned about a ticket. But just to be very, very clear, he never asked to get out of the ticket,” McFee told CBC News in December, adding he didn’t know exactly what was on the ticket.

“Everybody has to wear their decisions.”

McFee did say during their discussion, Madu brought up the issue of racial profiling by police to stop drivers. Madu is black.

“The officer indicated that he had observed me driving while distracted, alleging that I was on my phone. I disagreed, stating that I was not on my phone, as it was in an inside pocket” said Madu.

“Later, I spoke to Chief Dale McFee. Due to the timing of the incident, I wanted to ensure that I was not being unlawfully surveilled following the controversy surrounding the Lethbridge Police Service. I also raised concerns around profiling of racial minorities that was in the media at the time.

“Chief McFee assured me that that was most definitely not the case, and I accepted him at his word.”

But that wasn’t good enough for Kenney who, after CBC broke the story, removed him from his post because it is “essential the independent administration of justice is maintained.

“I have spoken with Minister Madu about the March 10 incident reported in the media today. I conveyed to him my profound disappointment in his decision to contact the Edmonton Police Chief after receiving a ticket for a traffic violation,” Kenney tweeted.

“Minister Madu told me that he did not ask to have the ticket rescinded, nor was it his intention to interfere in the case, and that he promptly paid the ticket. I understand that Chief McFee has confirmed that at no time did the Minister seek to have the ticket rescinded.

“Nevertheless, it’s essential the independent administration of justice is maintained. That’s why I will appoint a respected independent investigator to review the relevant facts and to determine whether there was interference in the administration of justice in this case.”

Energy Minister Sonya Savage will take on the duties of Minister of Justice and Solicitor General.

The scandal will be a blow for Kenney as Madu was one of his biggest supporters in an often fractured caucus.

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News

Calgary lawyer applauds Shell’s reversal of vax mandate

“The woke thing to do right now is bring in these mandates. It has nothing to do with science or safety,” said lawyer James Kitchen.

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In the wake of Shell Canada temporarily removing its mandatory vaccine policy at its Scotford site in Alberta, Calgary lawyer James Kitchen called it a “good and lawful” move.

Kitchen — a civil litigation lawyer focused on constitutional rights, human rights, and health freedom — represents a number of clients in the oil and gas sector, including CNRL staffer Naomi Smart who was the first employee dismissed without cause for refusing to adhere to the mandatory vaccine policy.

“There are two potential things happening here,” Kitchen told the Western Standard in reference to Shell’s decision to change its vaccine policy at the Scotford site.

“Either Shell is concerned with defending themselves legally — as the vaccines have little to no effect on transmission — or, there are decent human beings (who) run Shell who are looking at the science and they realize this is the sensible thing to do.”

Kitchen said Shell could be “showing some good business sense” and now, after “spending all this money and realizing nothing we do will stop it (the spread of COVID-19),” they are looking to get back to work.

“The woke thing to do right now is bring in these mandates. It has nothing to do with science or safety,” said Kitchen.

When asked if the move from Shell to reverse its vaccination policy might affect the outcome of current legal cases — including some of his own — Kitchen said he’s doubtful.

“Generally speaking, the court doesn’t care. The industry does what it wants so in a strictly legal sense, no. But in a broader sense, it does matter,” said Kitchen.  

“It’s like a band-wagon effect,” he said adding if other companies follow suit, “it could give pause and change course for policymakers.”

“I don’t expect others to follow, but I’m hopeful,” said Kitchen.

Kitchen applauded Shell for what he called, “the most reasonable, lawful positions I’ve seen in a long time.

“They have chosen not to be willfully ignorant of what is good, right and lawful and have chosen against coercion and tyranny,” said Kitchen.

“I hope it’s a harbinger of things to come.”

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

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News

Madu called Edmonton police chief after getting $300 distracted driving ticket

Mount Royal University political science professor Duane Bratt says Kaycee should resign.

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After being pulled over by Edmonton police for talking on his cellphone while driving through a playground zone, Justice Minister Kaycee Madu then dialled up Edmonton’s police chief, CBC is reporting Monday afternoon.

CBC says they have a copy of Madu’s March 10, 2021 ticket that shows he was fined $300.

He soon phoned Dale McFee, the city’s chief of police, and discussed the ticket with him. 

“Minister Madu did contact me via the telephone concerned about a ticket. But just to be very, very clear, he never asked to get out of the ticket,” McFee told CBC News in December, adding he didn’t know exactly what was on the ticket.

“Everybody has to wear their decisions.”

McFee did say during their discussion, Madu brought up the issue of racial profiling by police to stop drivers. Madu is black.

The chief also said the pair talked about the ongoing problem of political tensions within the Lethbridge Police Service.

According to court documents, Madu paid the fee by the end of that week, CBC reports.

The Western Standard has reached out to Madu for a statement but hasn’t heard back.

The NDP quickly called for Madu to resign.

“It is wholly unacceptable for the Attorney General to engage with senior law enforcement regarding a penalty levelled against him, said NDP MLA Irfan Sabir.

Mount Royal University political science professor Duane Bratt says Kaycee should resign.

“Even if Madu didn’t call the police chief, it is a major story for the Justice Minister to receive a distracted driving ticket in a school zone. Even if it was somebody else who got the ticket (family, friend, neighbour, acquaintance, stranger), Madu still can’t call the police chief about an active case,” tweeted Bratt.

“Either Madu didn’t know that it was inappropriate to call the police chief about a ticket (which is really bad), or knew and didn’t care (which is even worse). Regardless, Madu needs to step down.

“Jean Charest resigned in 1990 as Minister of Sport for calling a judge about a case. Calling a police chief about a case is very similar. Madu needs to resign, or Kenney has to fire him.”

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