David vs. Canada

David works for a contractor of the Federal Government that performs vehicle safety systems testing in Quebec.

On October 12, 2021, the federal government released a policy statement requiring all employees of federal contractors who access government workplaces to be fully vaccinated by November 15, 2021. There is no testing alternative to the federal government’s mandatory vaccination policy, but the policy does provide for medical and religious exemptions.

David largely works alone at the testing facility. David further has strictly adhered to the extensive safety protocols implemented in the facility.

As described in his Affidavit, David is a healthy young man, statistically at very low risk from a Covid infection. He is however, concerned—and in fact suffers severe anxiety—about the potential complications, side-effects and risks from being injected with the new mRNA Covid shots. David notes that these shots are currently in clinical trials and have no long-term safety data. He also notes that there are already a number of serious adverse reactions that have been documented to result from these shots.

On November 8, 2021, a court challenge was filed against the vaccination requirement for federal contractor employees. The case sought an immediate stay of the requirement in order to permit federal contractor employees to continue to work without being vaccinated or attesting to their vaccination status. Ultimately, the case seeks a declaration that the requirement is invalid and without effect on the basis that it is not within the powers of the government to issue, and is a violation of individuals’ security of the person protected under section 7 of the Canadian Charter of Rights and Freedoms and paragraph 1 a) of the Canadian Bill of Rights.

On November 13, 2021, the preliminary motion for a stay of the policy was heard in Federal Court in Ottawa. Justice Nicholas McHaffie denied the request to stay the vaccination requirement. A hearing on the full legal merits of this matter is pending, but a date has not been set.

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