Unvaccinated Soldiers Seek JUSTICE in the Courts

1 year ago
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On this edition of Maverick News we spoke with attorney Catherine Christensen of Valour Legal Action Centre who are defending #Canada’s #Veterans and #Military Personnel from vaccine discrimination.

Meet the attorney representing more than 500 Canadian military men and women who were discharged for their refusal to take the #Covidvaccine.

Although the Covid #vaccinemandates were dropped by the Canadian Armed Forces in January 2023, thousands of unvaccinated former personnel are still left without compensation for their damages and restoration of their former duties/rank or on-base housing.

The commander of the #CanadianArmedForces was warned by his senior legal and medical advisers late last year that requiring all troops to be vaccinated against #COVID-19 was unnecessary and that doing so “may not constitute a legal order.”

The message was delivered to chief of the defence staff Gen. Wayne Eyre in an August 2021 briefing note, two months before then-defence minister Harjit Sajjan directed him to impose a vaccine requirement for all troops.

However, Catherine Christensen obtained the briefing note through the Access to Information Act, argues the document shows Eyre’s order was driven by politics -- not science.

Eyre was told military personnel who refused a vaccination order could be similarly charged under military law, but “there is a significant risk in ordering CAF members to accept COVID-19 vaccination, as it may not constitute a legal order.”

Eyre first ordered all Armed Forces members to attest they had been fully vaccinated against COVID-19 on Oct. 6, 2021.

Rather than charging those who refused to comply, the military forced about 300 non-compliant Armed Forces members out of uniform using an administrative process called a #5F release that declares them unfit for service.

About 100 troops have left voluntarily. Hundreds more had permanent censures put on their files. Outside the military, most federal employees were allowed to go on leave without pay and returned to their positions after the mandate was suspended.

The Armed Forces’ vaccination policy does allow exemptions for medical reasons, religious beliefs or any other grounds of discrimination under the Canadian Human Rights Act, to be determined on a case-by-case basis. In April 2022 a parliamentary committee heard that more than 1,300 members had requested exemptions, but nearly 1,000 had been denied.

Retired lieutenant-colonel Rory Fowler, who is now a lawyer specializing in military cases, said the decision to use 5F releases instead of charging unvaccinated troops means the Armed Forces doesn’t have to defend the legality of the order in court.

And while troops can file a grievance, it currently takes about three years for a case to be heard, with the defence chief serving as the final authority.

Christensen, who is representing a number of those unvaccinated troops who lost their jobs, said she believes the briefing note explains why the military is using 5F releases instead of charging those who refuse to comply with Eyre’s order.

“They didn’t want their mandate or their order for everyone to be vaccinated to be challenged in court,” said Christensen. She said Eyre had the power “to order everyone to be vaccinated. Full stop. Then if they did not want to be vaccinated, they had to come up with a reasonable excuse at court martial. (Eyre) didn’t do that.”

Asked if the decision to avoid the courts was the result of concerns about the legality of his order, Eyre said: “Not at all. We had numerous legal opinions.”

In this interview, we were absolutely stunned to hear Catherine Christensen describe how the lives of her clients were destroyed by the military vaccine mandates. They were not only discriminated against, they were often intimidated, coerced, and abused for their refusal to take all the required boosters. Many were forced into homelessness, poverty, depression, and substance abuse.

Others who took one or more shots of the vaccine and suffered vaccine inuries are also now seeking compensation and treatment from the Canadian government.

These lawsuits are going to be an uphill battle, and may take years in the courts, but Christensen believes that this is a fight she must fight -- and must win. These brave men and women took an oath to protect and defend Canada -- but who will defend the defenders in their time of need?

Christensen and her legal team are taking on that challenge. Watch this incredible interview!

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