Serving, protecting, and defending Canada includes protecting Canadians’ Rights and Freedoms and Canada’s sovereignty.
Forcing Canadians to be vaccinated – a medical treatment, under threat of prosecution blatantly violates Canada’s supreme law. Quebec, Alberta, New Brunswick, Ontario, and other provincial governments who are requiring vaccine passports are violating Canada’s supreme law and Canadians’ constitutional right to refuse medical treatment & the right to make “reasonable medical choices” without the threat of criminal prosecution.
Threatening to prosecute any person in Canada for not having a vaccine passport at public places (grocery store, bank, restaurant, … ) amounts to the governments depriving Canadians of their constitutional rights to refuse medical treatment.
Section 52(1) of the Constitution Act, 1982 states that any federal or provincial law that is inconsistent with the provisions of the Constitution is of no force or effect. Statutes which conflict with the Constitution are invalid in the most radical sense; they do not become law.
Section 7 of the Constitution of Canada includes the right to refuse medical treatment & the right to make “reasonable medical choices” without the threat of criminal prosecution.
1. Everyone
“All individuals physically present in Canada will benefit from the protection of section 7 (Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177 at page 202; Charkaoui (2007), supra, at paragraphs 17-18).”
2. Life, liberty, and security of the person
(ii) Right to liberty
“Section 7 protects a sphere of personal autonomy involving “inherently private choices” that go to the “core of what it means to enjoy individual dignity and independence” (Godbout v. Longueuil (City), [1997] 3 S.C.R. 844 at paragraph 66; Association of Justice Counsel v. Canada (Attorney General), 2017 SCC 55 at paragraph 49). Where state compulsions or prohibitions affect such choices, s. 7 may be engaged (A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30, at paragraphs 100-102; Blencoe, supra at paragraphs 49-54; Siemens v. Manitoba (Attorney General), [2003] 1 S.C.R. 6 at paragraph 45) This aspect of liberty includes the right to refuse medical treatment (A.C., supra, at paragraphs 100-102, 136) and the right to make “reasonable medical choices” without the threat of criminal prosecution (e.g. fines): R. v. Smith, 2015 SCC 34 at paragraph 18. It may also include the ability to choose where one intends to live (Godbout, supra), as well as a protected sphere of parental decision-making for parents to ensure their children’s well-being, e.g., a right to make decisions concerning a child’s education and health (B.(R.), supra, at paragraph 80).” Canada’s Department of Justice.
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