Paralegal gives good advice on vaccine mandates, 1 November 2021
If any of you are seeing your job threatened because you don't want to take the vax, this video (18 minutes) of a paralegal describing what you can do about it might help. Talk by Suzanne Cole, paralegal
Notice of liability (NOL)
An NOL is a letter provided to an employer when you're given notice that they have enacted a policy that's going to require you to have the shot or do testing. NOL sets out the provisions under which you may or may not comply.
They are going to ask you to submit your medical records regarding the vaccination. That is personal info and you are under no obligation to provide that. Showing them is a choice. She recommends exercising the choice and not disclosing it. They will then assume that you're not vaccinated.
Then you will have to deal with that they want you to accept the vaccination. DO NOT start your NOL with words like "I'm not doing it." You want to indicate that you want to comply but make it so difficult that you can't comply. CAN'T vs. WON'T are two distinctive things. So you indicate, "I will comply, but here are the terms." Employment is a contract with your employer. You do for them, they do for you. So you can specify your terms. And your terms are going to be that they will be held liable for any and all damages, up to including financial damages, health damages, and physical damages that may occur. Make sure to include the words "directly" and "indirectly." "Indirectly" is important because "directly" is obvious. Direct would be, e.g., immediate anaphylactic shock. Indirect, e.g., something down the road that they're not sure about or another employee scratches your car because you're not vaxed.
You also want to inform them of all the laws that they're breaking. They are breaking laws under the Criminal Code, the Employment Standards Act, the Workplace Health and Safety Act, the Nuremberg Code, and assorted other laws. Identify the laws so that they can be made aware that you're aware and that you will hold them accountable for that.
And you want to indicate that, in accepting the vaccine, it is not done voluntarily. This is vital. There is a concept in law that any time there is a law, a rule, a mandate, or a command from somebody in authority, the concept of voluntaryism is gone. As soon as you're told to do something, it's not voluntary. When an employer has that policy in place, it is impossible for anyone to do anything voluntarily within that policy requirement.
Lots of NOLs have been put out by various lawyers, law firms etc. They have tried to be reasonable with employers, but it is now obvious that employers are not going to be reasonable with us. So, if the employer pushes that if you don't take the vaccine or testing you will be terminated, you could (but make sure you do this with some legal assistance), go to the clinic to take the shot, and show the nurse the NOL that says you are not doing so voluntarily. Because under the Healthcare Protection Act, they are forbidden from providing medical treatment to anyone who is not doing so voluntarily. So instantaneously they should not be proceeding with the shot for you. So, they should say, "I can't do this." And if they don't, you can go to your employer and say, "I went, but they wouldn't do it."
That negates some of their ability to say that you didn't comply. That will leave the employer in a pickle they probably weren't expecting, because they won't be sure what to do with that.
The only time there will be an issue is if the nurse decides to proceed with the vaccination contrary to the Healthcare Protection Act. This is going to be a very challenging step. The next step would be to allow them to swab your arm and only swab your arm. Then you stand up and announce that they will be charged with assault. And then you charge your employer, and the director, and your manager, and everybody else. Because that is effectively assault under Section 265 of the Criminal Code. Because they have touched you and done something to you that was not voluntary on your part. But you have to be mindful if you go down that road, that's what you want to do and what you are going to do, and get legal advice on doing so.
That is a step up from what we've been doing at this point. It is a very harsh thing to do. But she thinks it's time to start thinking about upping the ante because what we're doing is not working. Being reasonable is not working.
There is a lot of misinformation about the ways that the laws work. Important to understand the hierarchy of law and the process for a lot of things. The hierarchy of law starts with the lower law; in Ontario this would be the Ontario Court of Justice. The next level is the Ontario Court of Justice Appeal. Whenever a decision is made in the appeals court, it automatically becomes binding on all of the lower courts. Then you go to the Supreme Court of Canada, whose rulings are binding on all lower courts in all of Canada. There is also "Interprovincial." So, a decision in another province won't be mandatory or binding in our province, but it becomes "persuasive." That means a justice in Ontario can look at a decision in Alberta and follow the reasoning. It's important to understand that in the situation we're in. When it comes to court proceedings, we can rely on things that have turned out well in other jurisdictions.
There is also "international law," which can also be very persuasive. So, it is good to be aware of what is going on in the rest of the world, particularly if it is a British Commonwealth country because they follow the same British law that we follow. As well as the United States. There have recently been some cases that have been adjudicated. On August 29th, there was a case in NSW, Australia, that made the determination, on appeal, that forcing someone to be vaccinated as part of their employment was unconstitutional. When we get our Constitutional matters before the court, we can rely on what happened in NSW and point out what they did.
There are cases that have been filed in different provinces in Canada. Currently there is one filed in BC before the Supreme Court, there's one in Alberta, one in Manitoba, a couple in Ontario, and several in the United States. There are also cases filed for the same situation in Spain, Italy, France, throughout South America, others in Australia. They are all over the world. The one that needs to be watched the most right now is in India. A few months ago, an India law firm took their governor and their medical officer of health to task and has now taken them to the International Criminal Court on charges of crimes against humanity and genocide.
So, while we want this dealt with now, we need to be mindful that the court process takes time. The top lawyers internationally are on this. They want to make sure that they do not make any mistakes. Because what's going on here has never been seen before. EVER. ANYWHERE. So, the lawyers are actually treading in mud, just like we are. They don't know how to deal with this sometimes either, because there are laws being broken that nobody has ever seen before. There are procedures being broken that nobody has ever seen before. All it will take is one really big case in a really high court for it to trickle down to everything else. That's what we're waiting for. There is no quick fix.
With notices of liability, you are setting up yourself to have a padded case for later. Having your employer charged is not necessarily going to save your job but is going to make people stand up and listen. There are a few things that are not necessarily law but might help us from a psychological perspective. Over the last century, we have become a very commercialized society and everything that we do is based on commercialism, such as the house we own, the car we own, the TVs, the gaming systems, being able to go on tropical vacations, golfing, organized sports, movies, restaurants, etc. Everything we do revolves around spending a dollar. That is what the government is using to manipulate and control. They are taking away everything we value that is related to money.
As awake people, we need to change the way we think, and instead of putting all the value on what we have, we need to put the value on who we have. If you don't take the shot, you could lose your job and your home. If you do, you could lose your life. Anyone around you could lose their life or become very, very sick. We will have to find a way to go forward in a different type of life than we are in now. We have to tell the government, "You can take our money, you can take our stuff, but you're not going to take us. You're not going to control us."
She had a conversation with her oldest son a while ago, and he had such a profound way of looking at the situation. He said, "You know what, Mom? In actual fact, we are the free ones. The ones with the vaccines are not." She asked, "How do you figure that?" He said, "They're the ones who have to show a card to get entry into a restaurant, ...permission to go to a movie theatre. We don't. We can turn on Netflix, have a BBQ in our pajamas and invite our friends over. We're totally free."
And not only do we have that freedom, we have the freedom of our conscience. We have the freedom of our integrity, mentally, morally, and physically. And they've lost it all. We need to rejoice in that and hold on to that. We need to keep continuing that freedom, and to fight back to get the other freedoms that we have lost. And keep reaching out to people of like mind for support. Because it is going to be a hard road. Only our friends and family who can support us will get us through this.
And (from a comment on the video) you can get Notice of Liability here:
To search for examples and copies of Notices of Liability for your particular situation, go to Action4Canada website . Be strong . Take action. United 'non-compliance'.