Being forced to take COVID vaccine to keep your job would be ‘illegal’: Canadian lawyer
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TORONTO, Canada, March 12, 2021 (LifeSiteNews) — A Canadian constitutional lawyer says it would not only be “unconstitutional” but “illegal and unenforceable” for an employer to force an employee to take a COVID-19 vaccine.
“Any way you cut it, mandatory vaccination in all employment contexts would be unconstitutional and/or illegal and unenforceable,” said Rocco Galati, executive director and founder of the Toronto-based Constitutional Rights Centre, in a March 8 video on employee rights when it comes to the COVID-19 vaccine.
Galati said that according to current Canadian law, “any medical treatment including vaccination, without the informed consent of the citizen is unconstitutional.”
“The Supreme Court of Canada has already ruled this,” he said, adding that if “any government body tried to impose mandatory vaccinations, it’s unconstitutional.”
He said that if a private employer attempted to “parachute” a provision into an employee’s existing contract that mandated vaccination as a requirement for continuing a job, then the employee who refused to take the vaccine jab and was fired over it would have grounds for a lawsuit.
“Well, they can’t do that. And if they fired you for it, that would constitute wrongful dismissal and you could sue your employer for that,” he said. “Trying to impose mandatory vaccination in even the private employment contract is not allowed.”
Galati said that if employees are being pressured by employers to take the vaccine, they should at least make sure that they are legally covered in case of injury caused by the vaccine.
“What you can do is get your employer to acknowledge that you’re taking it, even though you do not wish to take it, and if there’s any side effects or damage to you, that the employer acknowledges that they will be strictly liable to compensate you for any such physical or neurological damage from the vaccine,” he said.
The constitutional lawyer explained that his legal team is prepared for action if the COVID-19 vaccine is imposed on all Canadians.
“If mandatory vaccines are imposed on all Canadians, both children and adults, we can go and get an injunction under the July 6th, 2020 challenge that we filed with respect to the COVID measures,” he said.
Galati was referring to an $11 million lawsuit filed against Canadian Prime Minister Justin Trudeau, the Ontario government, and others for their “extreme, unwarranted and unjustified” responses to the pandemic that closed businesses, forced citizens to stay at home, wear masks, and engage in various practices that were “not scientific, nor medically based, nor proven.”
The left-leaning Canadian Civil Liberties Association (CCLA) also holds that it would be problematic for businesses to require employees to vaccinate.
“Employer-mandated vaccines, in early 2021, is a solution looking for a problem,” wrote CCLA’s Michael Bryant and Cara Zwibel in a January 30 piece for the Toronto Star.
“Starting from first principles, Canadian law has long recognized that individuals have the right to control what happens to their bodies. Medical treatment without informed consent is a legal wrong (battery) that can be pursued in our civil courts,” they wrote.
“The law recognizes how crucial this right is to our bodily integrity and personal autonomy,” they continued, adding that employers can “require a lot from their employees, but interfering with our rights to make our own medical decisions is extraordinary.”