NOTE: THE DECLARED EMERGENCY IN ONTARIO WAS REVOKED ON JUNE 9TH, 2021. ONTARIO IS NOT IN A STATE OF DECLARED EMERGENCY, AND THERE IS NO FEDERAL STATE OF EMERGENCY.
1. ONTARIO VAXX ROLL-OUT:
1.a Business Vaxx Passport Regulation:
This is a provincial regulation under the Reopening Ontario Act that is enforced by public officer.
Anyone enforcing the regulation/mandates are acting as public officers (including business owners and their staff) and therefore must adhere to the Canadian Bill of Rights and the Criminal Code of Canada. Learn more HERE:
1.b Directive #6 & #3 - Healthcare/High Risk Scenario:
Mandating hospitals and home and community care service providers to have a COVID-19 vaccination POLICY for employees, staff, contractors, students and volunteers, and for ambulance services.
Directive #6 - Health care and high-risk scenarios - REVOKED March 9, 2022:
Directive #3 - Long-term care:
1.c Employer Vaxx Policy (this is not a statute):
This is a MUNICIPAL public health guideline. It is NOT A BYLAW, IT IS NOT LEGISLATION... it is a mandate and in this instance it is an "offer to contract" as it does not fall under a statute.
NOTE: all employer vaxx mandates in Ontario are municipal public health orders.
1.d Federal Employer Vaxx Policy:
The federal employee mandate has been implemented under the federal Financial Administration Act.
1.e Post-Secondary School:
These mandates are internal policies of the school, there is NO legislation (legal provision) for the schools to mandate a vaccine policy.
2. PRIVACY LAWS:
Your right to privacy, and to not disclose your confidential medical information - DO NOT DISCLOSE YOUR PERSONAL MEDICAL INFORMATION TO ANYONE, NO ONE HAS THE RIGHT TO FORCE YOU TO SHARE IT:
2.a Canadian Bill of Rights (CBR) S.C. 1960, c. 44:
Section 1(a) the right of the individual to life, liberty and security of persons, which protects the right of informed consent for medical procedures and the right to privacy. And (b) the right of the individual to equality before the law and the protection of the law. These violations render the vaccine passport regulations to be of no force or effect of law because they violate the CBR.
How this applies: Anyone who is enforcing the vaccine passport regulation with their employees are acting as an enforcement agent for public health, (the vaccine passport mandate does not apply to employers as there is NO order for employers). Therefore, you are regulated under the Criminal Code of Canada as a public officer and therefore are obligated to regard the rights and freedoms provided in the CBR.
The Charter does NOT supersede the Bill of Rights. This is evident in the Statutory Instruments Act and the Emergencies Act (this replaced the Wartime Measures Act and this Act protects our rights under the Bill of Rights), both received royal assent in 1985, 4 years after the Charter and both reference the Bill in the pre-amble. There is also case law post 1981 where the Bill of Rights was used in the defence. Here is one example of case law from 1992 that validates provincial law enforcement applies to the Bill of Rights. Read HERE.
Paralegal Jane Scharf wrote an excellent article outlining why the Charter is problematic, and how the Bill of Rights can be applied in the moment, and in the courts. Read the Bill vs the Charter article HERE.
2.b Case law implied bill of rights:
The Credit of Alberta Regulation Act; and the Accurate News and Information Act, SCR 100,1938
Summary: The Supreme Court of Canada ruled on the Reference re Alberta Statutes. It found that the Accurate News and Information Act, along with the others submitted to it for evaluation, was ultra vires (beyond the powers of) the Alberta government. In the case of the Accurate News and Information Act, the court found that the Canadian constitution included an "implied bill of rights" that protected freedom of speech as being critical to a parliamentary democracy. This determined that the provinces cannot override fundamental rights.
2.c Case law right to sue for breach of privacy:
Jones v. Tsige, 2012
Summary: The Ontario Court of Appeal declared that the common law in Canada recognizes a right to personal privacy, more specifically identified as a "tort of intrusion upon seclusion", as well as considering that appropriation of personality is already recognized as a tort in Ontario law.
THIS ALLOWS YOU TO SUE FOR BREACH OF PRIVACY
2.d Freedom of Information and Protection of Privacy Act (FOIPOP) (ONTARIO)
2.e Personal Information Protection and Electronic Documents Act 2000 (PIPEDA)
2.f Personal Health Information Protection Act 2004 (PHIPA) (ONTARIO)
2.g Occupational Health and Safety Act R.S.O.1990,c.0.1. (ONTARIO)
Section 2, Crown and other Acts
2 (1) This Act binds the Crown and applies to an employee in the service of the Crown or an agency, board, commission or corporation that exercises any function assigned or delegated to it by the Crown.
Section 63, Information Confidential:
(1) Except for the purposes of this Act and the regulations or as required by law,
(a) an inspector, a person accompanying an inspector or a person who, at the request of an inspector, makes an examination, test or inquiry, shall not publish, disclose or communicate to any person any information, material, statement, report or result of any examination, test or inquiry acquired, furnished, obtained, made or received under the powers conferred under this Act or the regulations;
(e) no person to whom information is communicated under this Act and the regulations shall divulge the name of the informant to any person; and
Employer Access to Health Records:
(2) No employer shall seek to gain access, except by an order of the court or other tribunal or in order to comply with another statute, to a health record concerning a worker without the worker’s written consent. R.S.O. 1990, c. O.1, s. 63 (2).
(f) No person shall disclose any information obtained in any medical examination, test or x-ray of a worker made or taken under this Act except in a form calculated to prevent the information from being identified with a particular person or case
Section 25, Duties of the Employer:
Subsection (1) An employer shall ensure that,
(h) take every precaution reasonable in the circumstances for the protection of a worker;
Subsection 28, Duties of the Worker:
Subsection (3) Consent to medical surveillance
A worker is not required to participate in a prescribed medical surveillance program unless the worker consents to do so
Section 50, No discipline, dismissal, etc., by employer:
Subsection (1) No employer or person acting on behalf of an employer shall,
(a) dismiss or threaten to dismiss a worker;
(b) discipline or suspend or threaten to discipline or suspend a worker;
(c) impose any penalty upon a worker; or
(d) intimidate or coerce a worker,
Section 66, Penalties:
Subsection (1) Every person who contravenes or fails to comply with,
(a) a provision of this Act or the regulations;
(b) an order or requirement of an inspector or a Director; or
(c) an order of the Minister,
is guilty of an offence and on conviction is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than twelve months, or to both. R.S.O. 1990, c. O.1, s. 66 (1); 2017, c. 34, Sched. 30, s. 4 (1).
2.h Arbitration ruling upholding Section 63 of OHSA and a Collective Agreement:
St. Patrick's Home of Ottawa Inc. v Canadian Union of Public Employees, Local 2437, 2016
Summary: Employer (long-term care home) breached OHSA, collective agreement by sharing employee’s medical information with another employer This case illustrates the increasing importance of privacy – particularly of medical information – in the workplace, and that privacy obligations can come from unexpected places, including the OHSA.
2.i Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56 (ONTARIO)
Act requiring local government institutions protect the privacy of an individual's personal information existing in government records.
Section 28, Personal Information:
(1) In this section:
“personal information” includes information that is not recorded and that is otherwise defined as “personal information” under this Act.
Collection of personal information
(2) No person shall collect personal information on behalf of an institution unless the collection is expressly authorized by statute, used for the purposes of law enforcement or necessary to the proper administration of a lawfully authorized activity.
Section 14, Personal Privacy:
(1) A head shall refuse to disclose personal information to any person other than the individual to whom the information relates except,
(a) upon the prior written request or consent of the individual, if the record is one to which the individual is entitled to have access;
(b) in compelling circumstances affecting the health or safety of an individual, if upon disclosure notification thereof is mailed to the last known address of the individual to whom the information relates;
(c) personal information collected and maintained specifically for the purpose of creating a record available to the general public;
(d) under an Act of Ontario or Canada that expressly authorizes the disclosure;
(e) for a research purpose if,
(i) the disclosure is consistent with the conditions or reasonable expectations of disclosure under which the personal information was provided, collected or obtained,
(ii) the research purpose for which the disclosure is to be made cannot be reasonably accomplished unless the information is provided in individually identifiable form, and
(iii) the person who is to receive the record has agreed to comply with the conditions relating to security and confidentiality prescribed by the regulations; or
(f) if the disclosure does not constitute an unjustified invasion of personal privacy. R.S.O. 1990, c. M.56, s. 14 (1).
2.k Privacy Act (R.S.C., 1985, c. P-21)
2.l Office of the the Privacy Commissioner of Canada:
RE: COVID, Joint Statement by Federal, Provincial and Territorial Privacy Commissioners
- in this statement they reiterate there must be consent, laws and privacy must be respected. Please take a moment to review.
3. LWOP and Suspension:
3.a Employment Standards Act, S.O., 2000, c.41:
There are no provisions in the Employment Standards Act for an employer to place an employee on unpaid leave. Only an employee can request unpaid leave.
3.b COVID-19 Putting Workers First Act, 2021, S.O. 2021:
An act created in 2021 to amend section 50.1 of the Employment Act.
Leave of Absence:
(1.2) In addition to any entitlement under subsection (1.1), an employee is entitled to a paid leave of absence if the employee will not be performing the duties of the employee’s position because of one or more of the following reasons related to a designated infectious disease:
1. The employee is under individual medical investigation, supervision or treatment related to the designated infectious disease.
2. The employee is acting in accordance with an order under section 22 or 35 of the Health Protection and Promotion Act that relates to the designated infectious disease.
3. The employee is in quarantine or isolation or is subject to a control measure (which may include, but is not limited to, self-isolation), and the quarantine, isolation or control measure was implemented as a result of information or directions related to the designated infectious disease issued to the public, in whole or in part, or to one or more individuals, by a public health official, a qualified health practitioner, Telehealth Ontario, the Government of Ontario, the Government of Canada, a municipal council or a board of health, whether through print, electronic, broadcast or other means.
4. The employee is under a direction given by his or her employer in response to a concern of the employer that the employee may expose other individuals in the workplace to the designated infectious disease. THIS WOULD BE THE ONLY APPLICABLE SECTION HOWEVER, THIS IMPLIES THAT BECAUSE YOU ARE NOT VAXXED YOU ARE INFECTIOUS.
5. The employee is providing care or support to an individual referred to in subsection (8) because,
i. the individual is under individual medical investigation, supervision or treatment related to the designated infectious disease, or
ii. the individual is in quarantine or isolation or is subject to a control measure (which may include, but is not limited to, self-isolation), and the quarantine, isolation or control measure was implemented as a result of information or directions related to the designated infectious disease issued to the public, in whole or in part, or to one or more individuals, by a public health official, a qualified health practitioner, Telehealth Ontario, the Government of Ontario, the Government of Canada, a municipal council or a board of health, whether through print, electronic, broadcast or other means.
What do you do when you have been told by your employer they have placed you on unpaid leave?
1. Go to work as per your regular schedule.
2. Record yourself trying to access your place of work. If you are accessing a building and told to leave, then leave. It's not necessary to escalate, you simply want to create a record of your attempting to go to work.
3. Follow-up with an email to your boss and state what happened; how you were blocked and by whom, etc. In that same message, state that you are ready, willing and able to work, and that do not consent to being placed on unpaid leave.
What this does is protect you as later down the road if you do not push back, it could be claimed that you agreed to the leave. And could set you up as though your resigned by not reporting to work. Don't give this opportunity!
3.c Case Law Regarding Suspension:
Cabiakman v. Industrial Alliance Life Insurance Co., 2004
Supreme Court of Canada ruling states that the following are required when placing an employee on administrative suspension:
If you are placed on an unpaid suspension for administrative reasons where your employer is refusing to pay you, you are able to refuse the suspension and this would not be construed as a resignation but rather a constructive dismissal.
4. GENETIC NON-DISCRIMINATION ACTS/CASE LAW (PCR is a genetic test):
4.a Bill S-201:
An act to prohibit and prevent genetic discrimination:
It is a criminal offence in Canada to use a genetic test to discriminate under Bill S-201.
Under "Prohibitions" it states:
3 (1) It is prohibited for any person to require an individual to undergo a genetic test as a condition of
(a) providing goods or services to that individual;
(b) entering into or continuing a contract or agreement with that individual; or
(c) offering or continuing specific terms or conditions in a contract or agreement with that individual.
4.b Case law on Bill S-201:
Supreme Court ruling from July 2020 (DURING THE PANDEMIC),
Summary - MAKING FORCED TESTING A CRIMINAL OFFENCE:
4.c Genetic Non-Discrimination Act, SC 2017, c 3:
An Act to prohibit and prevent genetic discrimination
Summary: This enactment prohibits any person from requiring an individual to undergo a genetic test or disclose the results of a genetic test as a condition of providing goods or services to, entering into or continuing a contract or agreement with, or offering specific conditions in a contract or agreement with, the individual.
The enactment provides individuals with other protections related to genetic testing and test results.
4.d Canada Labour Code, R.S.C., 1985, c. L-2:
DIVISION XV.3 Genetic Testing
5. INFORMED CONSENT CASE LAW:
Parmley vs Parmley, 1945
Informed consent medical.
Summary: Consent must be made freely and information about the risks must be given.
Hopp vs Lepp, 1980
Informed consent medical.
Summary: Consent must be made freely and information about the risks must be given.
R vs Ewanchuk, 1999
If no consent, then assault.
Summary: Where there is a threat of harm or reprisal or pressure from an authority there is no consent and therefore the act is assault. FORCED MASKS, FORCED VAXX, QUARANTINE INCLUDING BUSINESS LOCKDOWN AND STAY HOME ORDER IS A CRIMINAL OFFENCE
6. DENIED ACCESS TO HOSPITAL/MEDICAL TREATMENT DUE TO VAXX:
If you have been denied access to visit a loved on in the hospital, or told you need to take the vaxx below is steps you can take to access the public health services:
1. Ask for the patient advocate or if they are not available, the administrator/supervisor
2. Reference the Health Care Consent Act, section 11 on elements of informed consent:
Elements of consent 11 (1) The following are the elements required for consent to treatment:
1. The consent must relate to the treatment.
2. The consent must be informed.
3. The consent must be given voluntarily.
4. The consent must not be obtained through misrepresentation or fraud.
Remember that these policies are private policies, they are not mandates or laws. These health care facilities are acting ABOVE the law. Unless the facility is a private then it's public services funded by public dollars and we have every right to have access to it.
This applies to businesses and organization that are open to the public, including institutions and schools, and employers who are forcing masking and vaxx.
If you are being forced into doing a medical procedure, masking or vaxx in order to keep your job, to go to school, travel, etc, there are criminal acts being committed against you.
Below is a list of criminal code violations you can reference in your court documents.
1. Uttering Threats
Section 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm to any person;
(2) Every one who commits an offence under paragraph (1)(a) is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
Section 265 (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
(a) the application of force to the complainant or to a person other than the complainant;
(b) threats or fear of the application of force to the complainant or to a person other than the complainant;
(c) fraud; or
(d) the exercise of authority.
Section 346 (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.
4. Public Incitement of Hatred
Section 319 (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
5. Duties Tending to Preservation of Life
Marginal note: Duty of persons to provide necessaries
5.a Duty of persons undertaking acts dangerous to life
Section 216. Every one who undertakes to administer surgical or medical treatment to another person or to do any other lawful act that may endanger the life of another person is, except in cases of necessity, under a legal duty to have and to use reasonable knowledge, skill and care in so doing.
5. b Duty of persons undertaking acts
Section 217 Every one who undertakes to do an act is under a legal duty to do it if an omission to do the act is or may be dangerous to life.
5.c Duty of persons directing work
Section 217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.