Vaccines, Canada and Law – Part 1 – Background Information
By Alan Mercer
Are vaccine manufacturers protected from Canadian lawsuits–and to what extent?
There is a U.S. system of protection, but as far as Canada, all I can see so far is that trade agreements are having an impact on government policies.
Even if there are different kinds of protections for manufacturers and policies, should that discourage legal action?
If we can collect clearer information, maybe we can encourage more legal action.
As far as “mandatory vaccination”, according to a government source below, it is not possible in Canada. There is no such thing–philosophically and legally–even though you think there is, at least according to this interpretation. This doesn’t necessarily stop them from forcing it on people or intimidating people–especially with respect to children and schools. I think that only people standing up and refusing to give their consent will prevent things from becoming worse.
Americans are really under the gun with vaccinations, so we may not realize as Canadians how bad it can get–with their constant national emergency declarations and executive orders.
So their idea is to create a “global society” where we are no longer separate nations with separate laws. As we have gone along with “free trade” agreements, this has gradually become more and more of a reality. But at every stage, we should still decide about expressing our non-consent and our principles.
Notice how it works. Belief. Consent. Propaganda. And propaganda (also called marketing and public relations) is key to the whole system. We have to learn to tear the propaganda apart and ridicule it. Expose the contradictions.
I am probably missing some more up-to-date information. I know that government budgets have contained subsidies for vaccine manufacturers.
Information and comments from readers are welcome.
Feds mum over legal protection for swine flu vaccine makers
www.thestar.com, 20 September 2009
Little-noticed law could mean big money for Ebola vaccine makers
CP, metronews.ca, 18 December 2014
VACCINATION AND THE LAW: REPORT TO THE MINISTER OF JUSTICE: LAW REFORM COMMISSION OF SASKATCHEWAN
December 2009
Consultation paper: Vaccination and the Law: Law Reform Commission of Saskatchewan
September, 2007
Flu shots can give a different kind of immunity
By Pulat Yunusov, 21 September 2009
US now protects Big Pharma from liability in Ebola vaccine deaths (http://www.healthcanadaabuse.ca/articles.php?command=show&ID=22779)
naturalnews.com, 13 December 2014
The declaration reportedly went into effect on December 3, and Sec. Burwell announced that she hopes other countries will follow suit.
Statements on Alleged “Flu Shot Safety” by Ontario Government (https://www.ontario.ca/health-and-wellness/flu-shot-safety) (very interesting assertions)
Leadership in Global Health
Claims Made by Canada’s Vaccine Industry Committee
Immunization Competencies for Health Professionals
Public Health Agency of Canada, November 2008
Statement on Seasonal Influenza Vaccine for 2013-2014
National Advisory Committee on Immunization (NACI), Canada Communicable Disease Report CCDR
October 2013 – Volume 39 – ACS-4, Public Health Agency of Canada
Environment Canada and Health Canada’s Response to Comments Following Consultations on the Proposed Regulations Respecting Products Containing Certain Substances Listed in Schedule 1 to the Canadian Environmental Protection Act, 1999
About mercury. Notice how international trade agreements are a huge factor.
Parliament of Canada: search example “vaccine”. Also LegisInfo section. (original link: http://www.parl.gc.ca/Search/Results.aspx?Language=E&search_term=vaccine, site is now https://parl.ca/)
Vlex Canada search example “vaccines” (http://ca.vlex.com/search?q=vaccines)
Government of Canada search term example “vaccines” (no longer working: http://search-recherche.gc.ca/rGs/s_r?st=s&num=10&s5bm3ts21rch=x&st1rt=0&langs=eng&cdn=canada&q=vaccines&gcwu-srch-submit=Search) Possible alternatives: https://www.canada.ca/en/services.html and https://www.bac-lac.gc.ca/eng/search/Pages/search.aspx (original changed to https://library-archives.canada.ca/eng)
https://www.canada.ca/en/sr/srb.html?q=vaccines&wb-srch-sub=
Also: Justice Laws Website
Some Safety Claims made by Public Health Agency of Canada
The Canadian Legal Information Institute: search term “vaccines”
Liability and Compensation Aspects of Immunization Injury: A Call for Reform
By William K. McIntosh, Osgoode Hall Law Journal, Volume 18, Number 4 (December 1980) Article 3
Product liability by law firm:
We have defended pharmaceutical companies in class actions and lawsuits relating to vaccines, . . .
The International Comparative Legal Guide to Product Liability 2010
GLG: Global Legal Group, 2010 appears to be publication date
Chapter 17: Canada by McCague Borlack LLP:
Product liability law in Canada is governed by the common law in all provinces and territories except Quebec which is a civil law jurisdiction. . . .
1.2 . . . None of the provincial, territorial or federal governments offer compensation for particular products except for Quebec which has a no-fault compensation scheme for vaccine-related injuries.
THE MANUFACTURER ’S DUTY TO WARN: A CANADIAN PERSPECTIVE
By Bruce Churchill-Smith, Q.C. Parlee McLaws LLP
Includes the example of vaccines.
No Pharma Liability? No Vaccine Mandates
National Vaccine Information Center, 2 March 2011
Very interesting article about the U.S. and what they have to deal with. More vaccines than anyone else.
Important website: Vaccine Choice Canada
Vaccinations are NOT mandatory in Canada. “Unlike some countries, immunization is not mandatory in Canada; it cannot be made mandatory because of the Canadian Constitution. Three provinces require proof of immunization for school entrance: Ontario and New Brunswick for diphtheria, tetanus, polio, measles, mumps, and rubella immunization; Manitoba for measles. But, exceptions are permitted on medical or religious grounds and reasons of conscience; legislation and regulations must not be interpreted to imply compulsory immunization.”
The government document this is quoted from:
Canada Communicable Disease Report, May, 1997; Vol 23S4. Supplement: Canadian National Report on Immunization; 1996. Go to page 3, Chapter 1: “Immunization in Canada”
Click https://publications.gc.ca/site/archivee-archived.html?url=https://publications.gc.ca/collections/collection_2016/aspc-phac/HP3-1-23-S4-eng.pdf and then click “Continue to Publication” (link corrected/updated: July 17, 2022). (I find that I can open this PDF from Firefox when it’s set to open inside the browser, but have trouble with another browser/setting. You can see this publication listed here: https://www.canada.ca/en/public-health/services/reports-publications/canada-communicable-disease-report-ccdr/past-issues.html, click “Government of Canada Publications” (https://publications.gc.ca/site/eng/9.507730/publication.html), click on “1997 Click to Expand,” then click “Vol. .23;S.4:May 1997 HP3-1-23-S4-eng.pdf (PDF, 9.17 MB)” (https://publications.gc.ca/collections/collection_2016/aspc-phac/HP3-1-23-S4-eng.pdf).
(previous link: http://www.collectionscanada.gc.ca/webarchives/20071212103611/http://www.phac-aspc.gc.ca/publicat/ccdr-rmtc/97vol23/23s4/23s4b_e.html)
There is more information in that document.
Continuing the quote from Vaccine Choice Canada:
2014 — Please note — Manitoba no longer has legislation for school entry vaccination for measles, vaccination is voluntary in Manitoba. Please see this link at the Province of Manitoba’s website: Are immunizations mandatory in Manitoba? – No, immunizations are voluntary in Manitoba.
This means that nobody in Canada can be forced to receive a vaccination. In some cases, nursery schools, daycares, and other schools which are privately owned and operated can demand vaccination for enrollment. But publicly-funded schools and daycares cannot.
Furthermore, Canadian Medical Law clearly states that healthcare recipients must be informed of all significant risks posed by any invasive medical procedure that carries a risk of injury or death. Vaccination is such a procedure; every Canadian must have received and understood all the information that is pertinent to the vaccination(s) to which they consent.
[Alan: THAT LAST POINT IS A GOOD DEFENSIVE MEASURE TO FOLLOW REGARDLESS OF LEGAL SYSTEM. DEMAND ALL THE INFORMATION ABOUT A PARTICULAR VACCINE. GET IT FROM THE OFFICIAL SOURCES. READ IT. LIST ALL OF YOUR OBJECTIONS OR ASK ALL YOUR QUESTIONS. GET ANSWERS. THEN SHARE THAT INFO WITH OTHERS IF YOU’RE STILL CONCERNED.]
Unlike some countries, immunization is not mandatory in Canada; it cannot be made mandatory because of the Canadian Constitution . . .
Globalist think tanks working away at making things the same all over the world:
Designing a No-Fault Vaccine-Injury Compensation Programme for Canada: Lessons Learned from an International Analysis of Programmes (original link: http://munkschool.utoronto.ca/cphs/wp-content/uploads/2012/11/keelan_workingpaper_feb20112.pdf)
By Jennifer Keelan PhD and Kumanan Wilson MSc, FRCP(C), Munk School Briefings, February 2011
More about Vaccines – including the link for Canada Vigilance Adverse Reaction Online Database for health products. And Vaccines Adverse Event Reporting System (U.S.).