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The Justice Centre sees these laws as unconstitutional, full stop. Seeking exemptions to the law implies that the underlying law is valid, and it is our position that it is not. Canadians have constitutionalized protections for conscience, religion, and security of the person including bodily autonomy. Mandatory vaccine policies and legal discrimination against the unvaccinated minority are blatant violation of Charter rights and freedoms.
There are many points in this FAQ and I have just selected a few:
Each of the shots also contain warnings from Health Canada, including warnings about pericarditis, myocarditis, and thrombosis.
There is advice included for students, including a template letter for sending to their university or college.
Students recourse includes suing for breach of contract, requesting an exemption, filing a human rights complaint, applying for judicial review, and in some cases, potentially filing a Charter application.
Our legal team is in the process of bringing a Charter application against Seneca College in Ontario for mandating vaccinations…. In the meantime, we suggest that students and staff explore whether any exemptions under human rights legislation are applicable (such as a medical condition or religious belief preventing vaccination), or if rapid non-invasive testing in lieu of vaccination is available. In some cases, unvaccinated students may be accommodated by distance or online learning.
Students and staff should express their concerns in writing to their unions, and the administration and boards of their college or university. …
My employer says take the vaccine or lose my job; what do I do?
If you take the vaccine, you will not have a legal claim against your employer, and it is unlikely that you can sue your employer for any damage caused by the vaccine. In order to have a cause of action (legal claim) against your employer, you need to refuse the vaccine and accept the consequences, including termination of employment. You will need to hire a lawyer to sue your employer for wrongful dismissal, if your employer terminates your employment for not taking the vaccine.
Before doing anything else, use this template prepared by the Justice Centre legal team, that can be modified to suit your circumstances in response to an employer or educational institute demanding a mandatory vaccine. You can send this to your employer now, without needing to hire a lawyer. Keep your employer’s response(s) and provide that to the lawyer you retain.
The document continues with many other important details.
A suggestion I have about this problem many of us are facing is that employees could get together to hire/enlist a lawyer–or like-minded friends with different employers could try to do this. We need to network and there needs to be a restoration of community solidarity.