COVID-19
Nova Scotia judge sues chief judge, provincial court over Covid vaccine status and judicial independence
News release from the Justice Centre for Constitutional Freedoms
The Justice Centre for Constitutional Freedoms is providing for the legal representation of Judge Rickcola Brinton of the Provincial Court of Nova Scotia in a lawsuit against The Honorable Pamela S. Williams, former Chief Judge of the Provincial Court of Nova Scotia, among others. Brinton was threatened by Williams with suspension and referral to the provincial Judicial Council after she chose not to disclose her Covid vaccination status in late 2021. She filed her claim in the Supreme Court of Nova Scotia on September 29, 2023, seeking damages for the intentional violation of her judicial independence and medical privacy.
On September 29, 2021, Brinton received an email (sent to all judges of the Nova Scotia Provincial Court) from Judge Williams, then Chief Judge, asking if they would agree to share their vaccination status with each other. Chief Judge Williams also asked whether the Court should share that information with the Nova Scotia Bar.
On October 1, 2021, Brinton replied, “I realize I may be in the minority…as I have concerns with medical privacy,” she wrote. “I also know that the vaccination mandates and passports may be disproportionately impacting racialized communities. And as an essential service, will we be creating a two-tiered society for those who already feel as though we are not all free to serve them?” She thus declined to disclose her vaccination status.
In an effort to persuade her, Chief Judge Williams met with Brinton on October 7, 2021. Brinton explained that her decision not to disclose her vaccination status was a matter of conscience and the result of prayerful contemplation. She offered to get tested for Covid as often as needed, but Chief Judge Williams rejected Brinton’s proposal.
At the end of October, Brinton went on short-term disability leave. She submitted the required Proof of Illness form completed by her doctor.
On November 1, 2021, Chief Judge Williams sent out an email to all judges stating that “only fully vaccinated judges will be assigned to sit in our courtrooms.” Four days later, on November 25, 2021, she issued a public statement announcing that “[a]ll Provincial Court judges presiding in courtrooms, both now and in the future, are fully vaccinated.”
A few months later, on February 22, 2022, Chief Judge Williams wrote to Brinton stating that she would not approve the continuation of the short-term leave unless Brinton provided evidence of her disability. She also wrote that if Brinton continued to refuse to disclose her vaccination status, she would be “considered non-vaccinated and unable to preside over in-person trial and sentencings in the Court Room,” and that she would have “no recourse other than to suspend [Brinton] and refer the matter to the Judicial Council.”
Then, on March 27, 2022, without warning or Brinton’s consent, Chief Judge Williams wrote to Brinton’s doctor requesting that he supply her with details of Brinton’s medical issues. The doctor called Brinton to ask if she consented to this disclosure of medical information. She did not consent. The Chief Judge’s office followed up by calling the doctor’s office to once again ask for disclosure consent. Again, Brinton declined. Meanwhile, Brinton had provided necessary information to her disability benefits provider and had been approved for long-term disability.
Brinton has not received any communication from Chief Judge Williams since April 2022. Williams’ term as Chief Judge ended in August 2023. She continues to sit on the bench.
Judicial independence is a crucial and ancient constitutional principle, predating the Canadian Charter of Rights and Freedoms. Brinton raised concerns about interference with medical privacy and the impact of disclosing her Covid vaccination status on the independence and impartiality of both herself and the Court, particularly with respect to cases where courts have been asked to rule on issues regarding Covid vaccines; for example, whether an employee who is terminated for not taking the Covid vaccine is eligible for EI benefits, or whether it was legal for post-secondary institutions to force students out of their programof study for not taking the vaccine. As a result of raising such concerns, Brinton was threatened with suspension and disciplinary action.
Brinton’s lawsuit names the Honourable Pamela S. Williams, the Office of the Chief Judge of the Provincial Court of Nova Scotia, the Provincial Court of Nova Scotia, and the Attorney General of Nova Scotia representing His Majesty the King in Right of the Province of Nova Scotia, as defendants.
COVID-19
Freedom Convoy’s Tamara Lich shares heartfelt letter from children: ‘God will be by your side’
From LifeSiteNews
Ahead of the announcement of the verdict from her trial in Canada, the Freedom Convoy co-leader posted on X the ‘beautiful letter’ from a 4-year-old and 8-year-old.
With a few weeks until a verdict is released, Freedom Convoy leader Tamara Lich shared a heartwarming letter she received from a child, who told her to “keep fighting” for everyone and that “God will protect” her from the “enemy.”
Lich shared an image of the letter Thursday on X, writing, “Feels like a good day to share this beautiful letter I received from some very wise children.”
The letter, which was handwritten and sent to Lich by 4-year-old Zavier and 8-year-old Alanis, has the title “God loves You.”
“Thank you for fighting for everyones FREEDOM. God will be by your side and God will protect you from the enemy,” the letter reads.
“With God everything is possible. Stay strong we are praying for you every step of the journey.”
Lich was arrested on February 17, 2022, in Ottawa. Co-leader Chris Barber was arrested the same day.
Lich and Barber’s trial concluded in September 2024, more than a year after it began. It was originally scheduled to last 16 days.
As reported by LifeSiteNews, Lich and Barber’s verdict will be announced on March 12.
They both face a possible 10-year prison sentence. LifeSiteNews reported extensively on their trial.
As reported by LifeSiteNews, Lich recently spelled out how much the Canadian government has spent prosecuting her and Barber for their role in the protests. She said at least $5 million in “taxpayer dollars” has been spent thus far, with her and Barber’s legal costs being above $750,000.
In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.
During the clear-out of protesters after the EA was put in place, one protester, an elderly lady, was trampled by a police horse and one conservative female reporter was beaten by police and shot with a tear gas canister.
Trudeau revoked the EA on February 23.
The EA controversially allowed the government to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in assemblies the government deemed illegal.
From LifeSiteNews
Ontario Superior Court Justice Charles Hackland ruled that Pat King must serve three months of house arrest and dedicate 100 hours to community service for his participation in the 2022 Freedom Convoy
Freedom Convoy participant Pat King has been given a 3-month conditional sentence for his role in the 2022 Freedom Convoy protest against COVID mandates.
On February 19, Ontario Superior Court Justice Charles Hackland ruled that King must serve three additional months of house arrest and dedicate 100 hours to community service for his role in the Freedom Convoy. King’s sentence would have been 12 months, but the court gave him credit for time served prior to his trial.
“In the court’s opinion, there is a social harm to unduly elevating the sentencing rules of denunciation and deterrence in the context of political protests to result in punitive sentences at the top of the sentencing range,” Hackland wrote, explaining why he did not opt to sentence King to a whopping 10-year prison sentence, as the Crown prosecutors had advocated for.
“The risk is that an overly severe sentence of imprisonment in the context of legitimate, constitutionally protected activity can have the effect of creating a chill or fear of participation in political expression,” he continued.
In November, King was found guilty of two counts of disobeying a court order, one count of mischief, one count of counselling others to commit mischief, as well as one count of counselling others to obstruct police.
King’s charges are in relation to his role in the 2022 Freedom Convoy which featured thousands of Canadians camping out in downtown Ottawa to call for an end to the COVID regulations and vaccine mandates in place at the time.
Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the Emergencies Act on February 14, 2022, to put an end to the popular convoy. Trudeau revoked the EA on February 23, but only after using the powers granted by the legislation to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in the assembly.
The two main Freedom Convoy leaders, Tamara Lich and Chris Barber, are still awaiting their verdicts for their involvement in the 2022 protests. Like King, if convicted, they face a maximum prison sentence of 10 years.
While some of the most notable people involved in the protest, like Lich and Barber, face a slew of charges that come with potentially harsh sentences, other protesters charged for participating have seen their charges dropped.
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