Legal Stuff
The laws and statues are designed for the purpose of ensuring a civil society, govern our action. A policy or law can’t deny or infringe your fundamental rights to justice.
This page is under construction and designed for clarifying rights which may or may not apply to your unique situation. Which may or may not be related to religious exemptions.
Clergy
Obstructing or violence to or arrest of officiating clergy
176 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or
(b) knowing that an officiant is about to perform, is on their way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a)
(i) assaults or offers any violence to them, or
(ii) arrests them on a civil process, or under the pretence of executing a civil process.
Marginal note:Disturbing religious worship or certain meetings
(2) Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction.
Marginal note:Idem
(3) Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 176 // 2018, c. 29, s. 13.1 // 2019, c. 25, s. 59
Charter of Rights & Freedoms
The charter protects one’s right to have freedom of conscious.
The Canadian Charter of Rights and Freedoms protects one’s right to have freedom of conscience and religion(2a) and the right to life, liberty, and security of person and the right not to be deprived there of except in accordance with the principles of fundamental justice (7),. Human bodily autonomy is as basic as it gets in terms of rights.
Privacy:
Privacy is protected under:
Personal Information Protection and Electronic Documents Act, 2000 (PIPEDA)
Personal Health Information Protection Act, 2004 (PHIPA)
Ontario Occupational Health and Safety Act, R.S.O. 1990, c. O.1
Municipal Freedom of Information and Protection of Privacy Act, RSO 1990.
Personal Information Protection and Electronic Documents Act, 2000 (PIPEDA)
Personal Health Information Protection Act, 2004 (PHIPA)
Ontario Occupational Health and Safety Act, R.S.O. 1990, c. O.1
Municipal Freedom of Information and Protection of Privacy Act, RSO 1990.
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Criminal Code Sections:
266 – Assault
265 assault – applies force without consent / attempts or threatens to apply force
219 – Negligence
264-1 – Harassment – engage in conduct that causes that other person to fear for their safety
211 – Bodily Harm
Human Rights Code:
Section 10(b)- Harassment
In terms of accessing health records, the Ontario Occupational Health and Safety Act also speaks to this. Under the Ontario Occupational Health and Safety Act, R.S.O. 1990, c. O.1 under Section 63(2) it states:
Information confidential
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).
Also under the Ontario Occupational Health and Safety Act, R.S.O. 1990, c O.1 it outlines penalties:
PART IX OFFENCES AND PENALTIES
Penalties
66 (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).
The PCR test is a form of genetic test and also would fall under the definition of a medical procedure. The following legislation also applies: Bill S-201, Statues of Canada 2017: “An Act to prohibit and prevent genetic discrimination”. In it, it clearly defines “genetic test”: genetic test means a test that analyzes DNA, RNA or chromosomes for purposes such as the prediction of disease or vertical transmission risks, or monitoring, diagnosis or prognosis. (test génétique)
Furthermore, in this legislation it also outlines Prohibitions:
Prohibitions
Genetic test
(c) offering or continuing specific terms or conditions in a contract or agreement with that individual.
This legislation also outlines “Offences and Punishment”
Contravention of sections 3 to 5
(a) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both; or
(b) on summary conviction, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding twelve months, or to both.
Lastly, as indicated by Ontario Public Health numerous times (and as evidenced in our ICU statistics), vaccinated persons can still get and transmit COVID-19 despite their inoculation. With this “scientific” evidence, if you target only the non-disclosed, unvaccinated or accommodated persons under the Human Rights Code to COVID-19 testing, this is grounds for discrimination.
Marginal note:Matters not material
(1.1) For the purposes of subsection (1), it is immaterial whether or not a person is entitled to enter the real property or whether or not that person has any intention of taking possession of the real property.
Marginal note:Forcible detainer
(2) A person commits forcible detainer when, being in actual possession of real property without colour of right, he detains it in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person who is entitled by law to possession of it.
Canadian Bill of Rights:
Section 1 (b) (c)
Informed consent means that the person who will administer the medical treatment or procedure, needs to inform you of all the benefits and risks associated with the medical treatment or procedures as well as alternative treatments before you decide if you will consent or not. This is medical freedom. These are our God-given inalienable rights.
Elements of consent: your expressed, informed and explicit consent (voluntary) must be obtained prior to treatment. Without consent it is considered assault under the Criminal Code of Canada. Consent given under fear or duress is not consent. Section 265(3) of the Criminal Code of Canada defines consent in relation to assault as:
Consent
(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.
The Ontario Health Care Consent Act, 1996 defines “consent” as well :
Consent to Treatment
No treatment without consent
10 (1) A health practitioner who proposes a treatment for a person shall not administer the treatment, and shall take reasonable steps to ensure that it is not administered, unless,
(a) he or she is of the opinion that the person is capable with respect to the treatment, and the person has given consent; or
(b) he or she is of the opinion that the person is incapable with respect to the treatment, and the person’s substitute decision-maker has given consent on the person’s behalf in accordance with this Act. 1996, c. 2, Sched. A, s. 10 (1).
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. 1996, c. 2, Sched. A, s. 11 (1).
Treatment is defined in the Ontario Health Care Consent Act, 1996 as follows:
“means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health-related purpose, and includes a course of treatment, plan of treatment or community treatment plan”. This definition would include any vaccination or any COVID-19 test, as they are both, allegedly, “preventive”, “diagnostic” and for a “health-related purpose”.
Furthermore, the Supreme Court of Canada has well established case law that deals with medical treatment without the informed consent of the patient. Case law, to some in the legal field, would be regarded as the most recent, gold-standard-type of law. As you know, being the Chief of Police for the biggest police service in Canada, case law cannot be overturned or overruled without new case law on that issue. We, as police officers, have a duty to be up to date and knowledgeable on recent case law. The Supreme Court of Canada has made it clear that it is unconstitutional to force medical treatment of any kind without the informed consent of the patient. Any action taken by police in contravention of case law, would be unlawful. Furthermore, ignorance of case law could be considered willful blindness or neglect of duty, to name a few.
The Nuremberg Code, to which Canada is a signatory, states that it is essential before performing a medical procedure on human beings, that there is voluntary informed consent. It also confirms a person involved should have legal capacity to give consent, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him/her to make an informed decision.
Nuremberg Code: Article 6, Section 1:
Any preventative, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information. The consent should, where appropriate, be expressed and may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice.
Nuremberg Code: Article 6: Section 3:
In no case should a collective community agreement or the consent of a community leader or other authority substitute for an individual’s informed consent.
Forcing individuals to submit to a COVID-19 vaccination or test breaches the Nuremberg Code.