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.
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.
