Representing yourself against Covid mandates just got a lot easier with this document. All you need to do is tailor it for your city, province, workplace or any other place that violates your rights and freedoms. Feel free to copy and save it. This is not legal advice nor should it be construed as legal advice. If you need legal advice, please consult a civil lawyer near you.

If your employer puts a mandate in place, you can sue to receive a severance and or up to 2 full years pay! Please seek legal advice. You can get up to 30 minutes of free legal advice through your provincial lawyer referral service.

#KnowYourRights

Today’s Date

Between: Your Employer

Employers Address

and: Your Name

Your Address

To whom it may concern,

I am writing in relation to the recent notice to all Name of Workplace employees on Insert Date in regards to a memorandum titled “Novel Coronavirus (COVID-19) Announcement: Vaccines for All Staff” sent to all employees of the Name of Workplace.

I am not going to disclose my vaccination status to Your Employer or Manager as my medical health is protected under the Privacy Act R.S.C., 1985, c. P-21.

My medical health and choices are private and confidential and I am not required to disclose them to anyone. My Employer does not have the right to ask me about my vaccination status. My privacy is protected under the Personal Information Protection and Electronic Documents Act, 2000 (PIPEDA) as well as the Personal Health Information Protection Act, 2004 (PHIPA) as well as the Provincial Occupational Health and Safety Act, R.S.O. 1990, c. O.1 and the Municipal Freedom of Information and Protection of Privacy Act, RSO 1990. The same privacy laws apply to all members.

Furthermore, in light of any future "memorandum’s” that may come down in relation to COVID-19 mandates, I am not going to consent to any type of COVID-19 testing that the Employer or Manager may mandate. I do not give my informed consent.

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 Your Province 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 Your Province 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”.

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.

If the Employer or Manager or the City of Your City mandate any type of COVID-19 vaccination or test (including the rapid antigen test), you will also be in breach of the Nuremberg Code, without the informed consent of the patient.

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. Case law cannot be overturned or overruled without new case law on that issue. 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 in contravention of case law, would be unlawful.

In terms of accessing my health records, the Your Province Occupational Health and Safety Act also speaks to this. Under the Your Province 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 Your Province 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

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).

While I recognize that Section 63(2) of the Your Province Occupational Health and Safety Act, 1990, states that accessing the health records of an employee is subject to any other statue (which presumably includes the Reopening Your Province A Flexible Response to Covid-19} Act, 2020), it is nonetheless important to highlight this Act, for several reasons. Under Section 28(3) of the Your Provincial Health & Safety Act, it states the following:

Consent to Medical Surveillance

(3) A worker is not required to participate in a prescribed medical surveillance program unless the worker consents to do so. R.S.O. 1990, c. O.1, s. 28.

Under Part IX, Offences and Penalties it states the following:

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

Furthermore, the Canadian Charter of Rights and Freedoms Section 2 (a) (freedom of conscience and religion) and Section 7 (everyone has the right to life, liberty, and security of person and the right not to be deprived thereof except in accordance with the principles of fundamental justice), apply to these mandates. Human bodily autonomy is as basic as it gets in terms of rights. I have the right to liberty – and this includes my right to refuse medical treatment (including vaccines or any of the available or future tests for COVID-19).

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

3(1) It is prohibited for any person to require an individual to undergo a genetic test as a condition of

(a) providing goods or services to that individual;

(b) entering into or continuing a contract or agreement with that individual; or

(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

7Every person who contravenes any of sections 3 to 5 is guilty of an offence and is liable

(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 Your Province 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. The testing, hypothetically, is to ensure that you don’t transmit COVID-19 to other co-workers or the citizens of Your City that you interact with on a regular basis. If you do in fact outwardly target unvaccinated, accommodated or non-disclosed employees only, this is grounds for discrimination and harassment and is liable for legal action. I know the City of Your City and Your Employer take discriminatory behavior very seriously.

I would also like to bring the City of Your City and the Your Employer attention to the following sections of the Criminal Code of Canada:

Uttering Threats

Uttering threats

· 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

· (a) to cause death or bodily harm to any person;

Punishment

(2) Every one who commits an offence under paragraph (1)(a) is guilty of

· (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

· (b) an offence punishable on summary conviction.

Assault

· 265 (1) A person commits an assault when

· (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

· (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

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.

Torture

· 269.1 (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

· Marginal note:
Definitions
(2) For the purposes of this section,

official means

· (a) a peace officer,

· (b) a public officer,

· (c) a member of the Canadian Forces, or

· (d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),

· whether the person exercises powers in Canada or outside Canada;(fonctionnaire)

torture means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person

· (a) for a purpose including

· (i) obtaining from the person or from a third person information or a statement,

· (ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and

· (iii) intimidating or coercing the person or a third person, or

· (b) for any reason based on discrimination of any kind,

but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions. (torture)

Extortion:

Extortion

346 (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.

Public incitement of hatred:

Public incitement of hatred

· 319 (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of

· (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

· (b) an offence punishable on summary conviction.

Intimidation:

Intimidation

· 423 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,

· (a) uses violence or threats of violence to that person or their intimate partner or children, or injures the person’s property;

· (b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;

· (c) persistently follows that person;

· (d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;

· (e) with one or more other persons, follows that person, in a disorderly manner, on a highway;

· (f) besets or watches the place where that person resides, works, carries on business or happens to be; or

· (g) blocks or obstructs a highway.

It is evident that the City of Your City and Your Employer are in breach of various federal and provincial legislations, including the Criminal Code of Canada, as well as case law and their own internal procedures with the recent COVID-19 vaccine disclose requirement, vaccination and possible testing mandates. It is not a question of what is politically correct, but rather, what is lawful. The law is clear: it’s illegal to ask for my personal medical health information and illegal to mandate any form of treatment, preventative or otherwise.

In conclusion, I hereby notify you that I will hold you personally liable for any financial injury and/or loss of my personal income and my ability to provide food and shelter for my family if you use coercion or discrimination against me based on my decision to not participate in Your Employer COVID-19 vaccination and/or testing mandates nor will I disclose my vaccination status to you.

Your Name: _________________________________

Signature: _________________________________

Date: ___________________________________

Witness Name: ___________________________________

Witness Signature: ___________________________________

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