Covid vaccine

Credit: Robert Short/CBC

Three unvaccinated University of Winnipeg Collegiate instructors forced to take unpaid leave are suing the province and several parties over an “overboard, unreasonable, and discriminatory” vaccine mandate.

The instructors allege that due to their vaccine status they’ve had to withstand “ridicule, hatred, maltreatment and discrimination,” in a statement of claim reported by CBC and Winnipeg Free Press Friday.

“All of the plaintiffs have suffered vilification and extreme ill-will being directed at them as ‘unvaccinated’ people as a result of the University of Winnipeg and other government of Manitoba representatives making false public statements and promulgating policies which have the effect of stating the unvaccinated are to blame for the pandemic,” says the lawsuit.

The university, province, Manitoba’s chief public health officer, Manitoba Health, and the Ministry of Advanced Education, Skills and Immigration are included as defendants named in the lawsuit filed Monday in Manitoba Court of Queen’s Bench. 

The plaintiffs, placed on unpaid leave last September 7, are Renise Mlodzinski, who holds degrees in education and music performance; Evan Maltman, who holds degrees in kinesiology-physical education and education; and Kyle Du Val, who holds degrees in science-physics, music performance, and education.

The instructors allege being placed on unpaid leave caused their vaccination status to be “immediately apparent.”

They point to the Charter of Rights and Freedoms that protects Canadians from being compelled to disclose private medical information, including vaccine status.

As well, they note, the Criminal Code of Canada deems it an offence to make statements that willfully and promote hatred an against an identifiable group.

They allege the province’s vaccine policy amounts to “an expressed intention to engage in a conspiracy to commit assault” because it attempts to force employees to be vaccinated.

The lawsuit calls for the vaccine policy to be stayed until the court reviews the matter.

The provincial government has implemented policies that cast blame on the unvaccinated for hospital overcrowding, the spread of COVID-19, and restricts their rights to access society treating them as “sub-humans,” says the lawsuit.

It challenges the university’s policy claim that vaccination is the single most effective health measure “essential to the university’s institutional response” to reduce the spread of COBID-19 and claim scientific evidence doesn’t support that.

“The rhetoric has resulted in a large portion of Manitobans believing that if they are fully vaccinated, they are safe from the virus and cannot be infected or infect others. Omicron has exploded this mythology,” says the lawsuit.

Scientific studies show no significant difference in the viral load between vaccinated and unvaccinated individuals who tested positive for COVID-19,” says the lawsuit, pointing to breakthrough cases of COVID-19 in vaccinated people.

The province and chief medical officer Dr. Brent Roussinhave promoted a “false sense of security” that the vaccinated are protected, it alleges.

“There is neither a moral obligation to vaccinate, nor a sound ethical basis to mandate vaccination under any circumstances, even for hypothetical vaccines that are medically risk free.

“Under the present circumstances, when the science clearly demonstrates that the so-called vaccines do not provide either complete sterilizing immunity nor prevent the ‘fully vaccinated’ from infecting others, the grossly unethical nature of vaccine mandates” becomes even more clear.”

The vaccines, with ingredients not revealed to the public, haven’t undergone the standard approval process that takes years “to properly assess the benefits and risks from clinical data, including any potential long-term side effects,” it says.

“The vaccination program in Canada is being adjusted on the fly as adverse effects manifest necessitating the need for constant amendments of safety guidelines. This underlines the experimental nature of these vaccines.”

They point to Ontario data showing one in 5,000 suffered myocarditis from the Moderna vaccine, and one in 28,000 patients from the Pfizer vaccine.

Recommendations that people age of 18-24 receive the Pfizer vaccine as opposed to Moderna because of an increase in myocarditis and death in that age group have been made by Ontario, Denmark, Finland, Iceland, and Sweden

“The government of Manitoba has not followed this safety protocol, nor has it provided an explanation for ignoring these concerns to Manitobans,” says the lawsuit.

The university rejected vaccine exceptions on religious grounds applied for by all three instructors.

They’re seeking $1 million in damages for violating their Charter rights and up to $1 million in damages for the “intentional infliction of mental distress, and assault and battery” they allege resulted in threats and assaults, loss of income, post-traumatic stress disorder and lost employment opportunities.

Slobodian is the Senior Manitoba Columnist for the Western Standard

Senior Columnist (Manitoba)

Linda Slobodian is the Senior Manitoba Columnist for the Western Standard based out of Winnipeg. She has been an investigative columnist for the Calgary Herald, Calgary Sun, Edmonton Sun, and Alberta Report.

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