RE: Health Orders – Vax Status & Mandates

School Staff, is it time to walk off the job and say NO more to the unlawful mandates and push for private medical information?

One of your first concerns may be that you are a union member and therefore, must go through the union and abide by the collective agreement. 

But a good question to ask is…what has your union done for you in the past two years? 

The Unions are in breach of their collective agreement (see below for info). They have misinformed their members and neglected to address the egregious human rights and privacy violations, charter rights violations and criminal code offenses (eg. extortion (s. 346), intimidation (s. 423). The Unions have been in support of the employer/government rather then looking out for the best interest of their members. You pay union dues and have a right to not only be represented but protected. 

The governments objective is to get everyone vaccinated and anyone who does not comply will be put on unpaid leave. Are you aware that putting an employee on unpaid leave is NOT authorized in the terms and conditions of your contract? Ask your Union Rep about that!

Why wait until your employer puts you on unpaid leave and hires someone else to replace you? School Staff need to organize and rally support from their co-workers. There is strength in numbers and you have the power to put a stop to employer overreach.

The unions refer to employment law but this is not about employment policies this goes way beyond that. This is about unlawful activity and violations against protected Human Rights, Privacy Rights, Charter of Rights, the Constitution and the Criminal Code of Canada?

Time for talking is over. It is time to take a stand and to be successful you need to rally your colleauges because it will be a long time coming before you have another opportunity like this to assert your rights.

This is why we are respectfully calling on School Staff across Canada to use the BC campaign resources as a template to take a stand in your Province or Territory.

A letter was written to the BC trustees and superintendents and provides Supreme Court Rulings and information applicable to school staff nationwide to help you out. Copy and paste whatever information you need and serve your own principal and School Boards today! 

Important Note: the Provincial Orders do NOT indemnify School Trustees or Superintendents and they are NOT a green light for them to vote in favour of mandating vaccination or request staff’s (or students) vaccination status.

Therefore, Do NOT Comply with the unlawful Mandates of the School Boards and/or local Medical Health Officers. 

Action4Canada recently assisted BC Gym Owners by providing them the training and resources they needed to remain fully open without restrictions.  It’s time for others to do the same.

Please carefully read the following letter and then serve it to your Superintendent and individual School Board Trustees advising them that the Health Officer’s Order do not indemnify them of liability (keep copies for your records). If your School Board has passed a vaccine mandate, then further demand they rescind it and to cease and desist any further attempts to collect your private medical information or force testing. Forcing staff to provide their genetic material is an indictable offense. 

This is not only about your employment, it also involves the mental health and well-being of minors.

If you have not already done so, serve a Notice of Liability and letter to your school principal, the Trustees/Superintendents, Unions and the Medical Health Officers.  Contact List: Union Presidents/Medical Officers. Let them know that you will hold them personally liable for any loss of income or harm you experience because of their unlawful actions.

Citizens are 100% guaranteed the right to employment without being subjected to coercion, extortion, threats and intimidation.

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Background

On Jan 17, 2022 the B.C. Health Officer, Bonnie Henry, implemented an unlawful Provincial Order advising that school staff must disclose their vaccination status to their employer if so directed by the local “Medical Health Officers” (MHO). In this Order Henry authorized the MHOs to create additional orders to access your private information. This is a violation of privacy rights. Do not comply.

Henry is determined to vaccinate all school staff but is aware there are obstacles standing in her way, such as human and privacy rights and bodily autonomy.

In the fall of 2021, Henry attempted to put the onus on all 60 BC School Boards to individually vote and mandate school staff be vaccinated. Action4Canada commenced a campaign wherein every School Board Trustee and Superintendent was served a Notice of Liability and additional letter advising them that they are at risk of personal liability should they vote in favour of this unlawful dictate. As a result of the campaign, 26 School Boards have voted NO, thus far. Several School Boards have recently reported to have voted in favour of mandating the COVID-19 vaccines but provide testing as an option. In doing so, these School Boards have officially opened themselves up to liability.

The success of Action4Canada’s campaign is frustrating the government. Henry is not being successful in fully mandating vaccination via the School Boards so she is attempting to create a workaround and come at this from another direction via local MHO’s. But no matter how they approach this, it all leads back to School Board Trustees being the ones in the position of handing over the private medical information and opening themselves up to personal liability.

A data collection grab was already attempted in School District 23 and failed. On Dec. 10, 2021 School Superintendent, Kevin Kaardal, sent a letter to SD23 school staff demanding they fill out a Vaccination Data Collection Notice by January 2022 or risk consequences (such as unpaid leave). Kaardal was immediately sent a notice from Action4Canada once again warning him of liability. The data grab failed and it was recently reported by the Epoch Times that Kaardal admitted that the Notice did not gain the traction they were hoping for.

Henry’s most recent Order has been implemented to counter the success of Action4Canada’s campaign, along with backlash from school staff. However, the most recent Order does not change the fact that it is unlawful to force staff to disclose their private medical information and/or to use extortion (s. 346), intimidation (s. 423) of the Criminal Code, and coercion. It is a violation of the Privacy Act and Section 7, 8 of the Charter of Rights and Freedoms.

Henry claims in the Order that she has the authority to violate the human rights and Charter rights of others in the interests of protecting children from the risks of being in the presence of non-vaccinated staff. First of all, at no time does Henry have the authority to violate citizen’s rights, secondly it is now accepted medical and public knowledge that the vaccinated are just as likely to spread the virus and thirdly, children are at nearly zero percent risk of contracting the Covid-19 virus.

The Surrey Superintendent, Jordan Tinney, responded to the Order stating that Surrey would not be requiring staff to provide their vax status because they have already voted no to mandating vaccination. But Tinney goes on to say that if the local MHO requests vax status, they will comply. If Mr. Tinney does so, he will be committing a criminal offense and will be held liable.

Anyone participating in the “collection” of this information or “providing” it to local Medical Health Officers is putting themselves at great risk of personal liability as they are complicit in an illegal act. Anyone mandating vaccination is also committing an indictable offence. Using extortion and/or intimidation to force vaccination compliance is against the law.

In addition, CUPE is in breach of the collective agreement as they responded by providing false and misleading information to their members:

• …this Order enables local Medical Health Officers (MHOs) to direct school boards to obtain the vaccination status of school staff and share that information with the local MHO. 

• School districts have been told that they are not required to collect staff vaccination status information unless they are ordered by their local MHO with a specific directive.

• PHO orders are not a grievable matter as they are not a decision from an employer. As an order from the PHO, it does carry penalties for non-compliance that are unrelated to the workplace.

CUPE is misleading members into believing that they will actually be required to provide their vax status and that the employer is immune from liability. This is false information on all counts. 

On December 10th, Teri Mooring, President of the BC Teacher’s Federation, responded to Kaardal’s Vaccine Data Collection Notice as a “serious violation of privacy rights.”  This was, and is, an accurate response. However, Mooring is also on record advocating for mandating forced vaccination. 

In addition to our previous correspondence with Kaardal, after further research, it has come to our attention that the Vaccination Data Collection Notice of Dec. 10, 2021 contains additional misleading information. On page 4 of that notice, under Legal Authority for Collection, reference is made to section 26(c) and (e) of FIPPA. Under Purpose for which personal information may be collected, section 26 is clear that all criteria (a) through (e) must be satisfied, including d).

26 A public body may collect personal information only if

(d) with respect to personal information collected for a prescribed purpose,

(i) the individual the information is about has consented in the prescribed manner to that collection, and

(ii) a reasonable person would consider that collection appropriate in the circumstances.

Therefore, under section 26(d) (i), if an individual does not consent to the collection of their personal information, the public body may not collect that personal information, and any attempt to do so is in violation of the very Act being presented as justification. It is deceitful to omit a relevant part of a statute, while only including the parts that suit their purposes.

Bonnie Henry’s Order has been interpreted by some School Boards as a green light to mandate vaccination and collect personal, private,  protected information. As explained in this Notice the assumption is incorrect and School Board trustees and superintendents have, and are, exposing themselves to personal liability if they vote in favour of, or support these unlawful dictates.

Action4Canada will continue to defend and protect the rights of citizens against a tyrannical and corrupt government. But we need your help. Please take the necessary actions provided in this Notice.

Visit https://action4canada.com/workers-unite/ to learn more.

Thank you.
The Team@Action4Canada