Ontario COVID proof of vaccine mandate to be challenged in court
Ontario’s proof of vaccine mandate will be challenged in court, even though QR codes are no longer required.
According to the Justice Centre for Constitutional Freedoms (JCCF), the Ontario Superior Court of Justice will hear arguments this fall.
“Our clients refused or declined to take the vaccine for varying reasons. And therefore, were not for that period of time, permitted to continue life as everybody else did,” lawyer Jorge Pineda told CTV News in a virtual interview Thursday.
According to Pineda, the legal challenge was launched when proof of vaccination was required in Ontario.
Now that the mandates have been lifted, Pineda said they had to argue to keep the lawsuit “alive.” He said the judges didn’t see an existing conflict nor did they believe the JCCF clients had anything to gain from the lawsuit.
“The court has allowed us and the Government of Ontario has also graciously agreed to allow us to change the claim to now say ‘okay, now we want some damages for clients,’ and therefore, it's a live dispute,” stated Pineda.
“Our clients originally did not sue for damages. They just out of a matter of principle, said, ‘you know, this is illegal, this is wrong, it should be struck down.’”
Pineda represents nine Ontarians in the civil lawsuit against proof of vaccination mandates.
“It’s a tool the government has that they can use to coerce people to exhibit desirable behavior in their view and there needs to be determination by the court whether that is legal or not,” said Pineda.
“It’s a ridiculous, frivolous lawsuit, which has no chance of success,” employment lawyer Howard Levitt told CTV News Thursday. “There's a doctrine of law that says that if the science isn't absolutely clear, the courts are supposed to err in favour of employee and public health.”
Levitt is of the opinion the government did what it had to do to protect Ontarians from COVID-19.
“So to suggest they didn't have the right constitutionally to protect people's health is absolute rubbish and nonsense,” Levitt said.
“COVID is not over. Monkeypox isn't over. Who knows if it's going to happen again? So I think that's the only reason the court agreed to hear it because there may be more vaccine mandates coming down the pipe and better to get it be dealt with in advance.” Levitt stated.
“It might be much to do about nothing at this point,” said lawyer Sunira Chaudhri. “I think most public and private employers are beyond the vaccine mandates.”
However Chaudhri understands the public interest in the superior court weighing-in on vaccine mandates.
“Because if it was found to be unconstitutional and an unfair infringement on the rights of employees or citizens in general, it certainly could fall on the shoulders of employers who cut ties with those employees,” said Sunira.
The JCCF hearings will be held Nov. 21 and 22 in a Toronto courtroom.
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