More than 300 military members part of lawsuit over COVID vaccine
Claim breach of Charter rights, ‘corrupt’ leaders
• More than 300 Canadian Armed Forces members are listed as plaintiffs in a lawsuit filed against Canada’s defence minister and top brass over the military’s mandatory COVID-19 vaccination policies.
Filed in federal court last week, the court action demands $1 million in damages for each of the 329 plaintiffs, plus declarations that mandating COVID shots for CAF members violated the rights of Canadian military members, plus punitive recompense.
Catherine Christensen of Edmonton’s Valour Legal Action Centre told the National Post the suit has less to do with COVID-19 and more about addressing concerns within Canada’s top military leadership, and acts she described as both malicious and unlawful.
“The brief snippets of (plaintiffs’) stories are hard to read, but with the approximately 150,000 pages of evidence we have the stories get worse and the abuse of power in the chain of command is very apparent,” she said. “This is not about COVID-19, this is about a corrupt chain of command that thinks they are untouchable and above the law.”
The statement of claim names as defendants Minister of Defence Anita Anand, Chief of Defence Staff Gen. Wayne Eyre, Vice Defence Staff Chief Lt.-gen. Frances Allen, Surgeon General Maj.gen. J.G.M. Bilodeau, Judge Advocate General Rear Adm.
Geneviève Bernatchez, and others.
A Department of National Defence spokesperson said DND doesn’t comment on legal action.
While COVID-19 vaccination isn’t mandatory for joining the Canadian Forces, the spokesperson said members are “strongly encouraged” to do so.
“Only CAF members supporting operational readiness must have completed their COVID-19 primary vaccine series,” read a statement regarding CAF’S COVID vaccination policy, including those “expected to perform core functions/critical capabilities with short notice-to-move,” including “high-readiness” task forces, ready-duty ships, disaster assistance teams, non-combatant evacuation personnel, and those working with partners including the United Nations and NATO.
Last April, Lt.-gen. Allen told the House national defence committee that of the over 1,300 Canadian Forces personnel who at that time applied for vaccination exemptions, only 158 were approved.
“When mandatory vaccination became a requirement for both entry into the Canadian Forces and for service in the Canadian Forces, we set out to have our people vaccinated or committed to have every individual fill out an attestation as to their vaccination status,” she told committee members at the time.
She also said that, at the time, vaccine uptake within the Forces was around 98 per cent.
While federal vaccination mandates were lifted for most Canadians last June — including RCMP members and civilian defence employees — rules remained in place for most active-duty CAF members.
While civilians opting against the shot were put on leave without pay until federal mandates lifted, military personnel instead faced discipline and even removal from the service for defying vaccination rules.
Christensen’s statement of claim contains stories from all 329 plaintiffs, a group that includes both officers and enlisted personnel.
Francesco Qualizza, the case’s lead plaintiff, was a sergeant assigned as a targeting and effects analyst in Ottawa with 16 years of service.
According to the statement of claim, he applied for an exemption under the Charter, but was denied.
“I asked that the CAF respect the principles outlined in Section 7 of the Canadian Charter of Rights and Freedoms, which guarantees an individual’s right to life, liberty, and security, and upholds the principle of informed consent, an essential part of medical ethics,” he told the National Post.
“I was denied my request as the directive purposefully excludes the Canadian Charter of Rights and Freedoms as justification for accommodation.”
Christensen said the plaintiffs in her case are the “tip of the spear” in making both the Armed Forces and government accountable for the “past three years of tyranny” in Canada’s military command.
“The Military External Grievance Review Committee has already ruled on 4 cases that Eyre made several legal errors, including breaching Charter rights. Under the National Defence Act, he cannot issue an order which violates the Charter.
“That makes his directives unlawful.”