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Nova Scotia judge sues chief judge, provincial court over Covid vaccine status and judicial independence

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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.

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Canadian veteran challenges conviction for guarding War Memorial during Freedom Convoy

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From LifeSiteNews

By Clare Marie Merkowsky

When the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.

A Canadian veteran appealed to the Ontario courts after he was convicted for organizing a guard around the National War Memorial during the Freedom Convoy.

In an October press release, the Justice Centre for Constitutional Freedoms (JCCF) announced that an appeal has been filed in the Ontario Court of Appeals on behalf of Master Warrant Officer (Ret’d) Jeffrey Evely over his conviction for mischief and obstructing police while on his way to guard the Ottawa War Memorial during the 2022 Freedom Convoy.

“By locking down large sections of downtown Ottawa, the police were effectively preventing all civilians from accessing public areas and greatly exceeded their powers under the common law,” constitutional lawyer Chris Fleury explained.

“This case raises issues that have implications for protests across the province and the country. We are hopeful that the Ontario Court of Appeal will agree and grant leave to appeal,” he added.

The appeal argues that police overstepped their authority in their response to the 2022 protest of COVID mandates. Police actions at the time included locking down the Ottawa core, establishing checkpoints, and arresting protesters.

In September 2024, Everly was convicted of mischief and obstruction after his involvement in the 2022 Freedom Convoy, which protested COVID mandates by gathering Canadians in front of Parliament in Ottawa.

As LifeSiteNews previously reported, when the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.

However, under former Prime Minister Justin Trudeau’s use of the Emergencies Act, many parts of downtown Ottawa were blocked to the public, and a vigilant police force roamed the streets.

It was during this time that Evely was arrested for entering a closed off section of downtown Ottawa during the early hours of February 19, 2022. He had been on his way to take the 4:25 a.m. shift protecting the Ottawa War Memorial.

He was forcibly pushed to the ground, landing face first. The veteran was then arrested and charged with mischief and obstructing police.

At the time, the use of the EA was justified by claims that the protest was “violent,” a claim that has still gone unsubstantiated.

In fact, videos of the protest against COVID regulations and shot mandates show Canadians from across the country gathering outside Parliament engaged in dancing, street hockey, and other family-friendly activities.

Indeed, the only acts of violence caught on video were carried out against the protesters after the Trudeau government directed police to end the protest. One such video showed an elderly women being trampled by a police horse.

While the officers’ actions were originally sanctioned under the EA, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the EA, forcing Crown prosecutors to adopt a different strategy.

Now, Crown prosecutors allege that the common law granted police the authority to stop and detain Evely, regardless of the EA.

However, Evely and his lawyers have challenged this argument under section 9 of the Canadian Charter of Rights and Freedoms, insisting that his “arrest and detention were arbitrary.”

Earlier this month, Freedom Convoy organizers Tamara Lich and Chris Barber were sentenced to 18-month house arrest after a harrowing 25-month trial process. Many have condemned the sentence, warning it amounts to “political persecution” of those who stand up to the Liberal government.

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Freedom Convoy leader Tamara Lich says ‘I am not to leave the house’ while serving sentence

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From LifeSiteNews

By Anthony Murdoch

‘I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge’

Freedom Convoy leader Tamara Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandkids from school without permission from the state.

Lich wrote in a X post on Wednesday that this past Tuesday was her first meeting with her probation officer, whom she described as “fair and efficient,” adding that she was handed the conditions set out by the judge.

I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge under a variation application, so we’ll just leave everything as is for now,” she wrote.

Lich noted that she has another interview with her probation officer next week to “assess the level of risk I pose to re-offend.”

“It sounds like it’ll basically be a questionnaire to assess my mental state and any dangers I may pose to society,” she said.

While it is common for those on house arrest to have to ask for permission to leave their house, sometimes arrangements can be made otherwise.

On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year convicted of “mischief.”

Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.

As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years for their roles in the 2022 protests against COVID mandates.

Lich said that her probation officer “informed me of the consequences should I breach these conditions, and I am not to leave the house, even for the approved ‘necessities of life’ without contacting her to let her know where I’ll be and for how long,” she wrote.

“She will then provide a letter stating I have been granted permission to be out in society. I’m to have my papers on my person at all times and ready to produce should I be pulled over or seen by law enforcement out and about.”

Lich said that the probation officer did print a letter “before I left, so I could stop at the optometrist and dentist offices on my way home.”

She said that her official release date is January 21, 2027, which she said amounts to “1,799 days after my initial arrest.”

As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.

LifeSiteNews reported that Conservative Party leader Pierre Poilievre offered his thoughts on the sentencing, wishing them a “peaceful” life while stopping short of blasting the sentence as his fellow MPs did.

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, Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.

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