Michael Ejercito
2024-02-25 18:52:41 UTC
https://www.reddit.com/r/LockdownSkepticism/comments/1azducg/nova_scotia_judge_sues_former_chief_justice_for/
News
Nova Scotia judge sues former chief justice for requirement to disclose
vaccine status
Judge Rickcola Brinton of the Provincial Court of Nova Scotia
Judge Rickcola Brinton of the Provincial Court of Nova ScotiaJustice
Centre for Constitutional Freedoms
Lee Harding
Lee Harding
Published on:
23 Feb 2024, 10:21 am
A Nova Scotia judge is suing a former chief justice over threats of
suspension for refusing to disclose her COVID-19 vaccine status in 2021.
The Justice Centre for Constitutional Freedoms is providing 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-19
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 and all other Nova Scotia Provincial
Court justices received an email 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 said she would not share that information.
“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?”
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-19 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, “All Provincial Court judges
presiding in courtrooms, both now and in the future, are fully-vaccinated.”
On February 22, 2022, Chief Judge Williams wrote to Brinton to state
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.”
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.
Brinton raised concerns about interference with medical privacy and the
impact of disclosing her COVID-19 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-19 vaccines; for example, whether an employee who is
terminated for not taking the vaccine is eligible for EI benefits, or
whether it was legal for post-secondary institutions to force students
out of their program of study for not taking the vaccine. She was
threatened with suspension and disciplinary action for raising such
concerns.
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.
News
Nova Scotia judge sues former chief justice for requirement to disclose
vaccine status
Judge Rickcola Brinton of the Provincial Court of Nova Scotia
Judge Rickcola Brinton of the Provincial Court of Nova ScotiaJustice
Centre for Constitutional Freedoms
Lee Harding
Lee Harding
Published on:
23 Feb 2024, 10:21 am
A Nova Scotia judge is suing a former chief justice over threats of
suspension for refusing to disclose her COVID-19 vaccine status in 2021.
The Justice Centre for Constitutional Freedoms is providing 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-19
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 and all other Nova Scotia Provincial
Court justices received an email 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 said she would not share that information.
“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?”
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-19 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, “All Provincial Court judges
presiding in courtrooms, both now and in the future, are fully-vaccinated.”
On February 22, 2022, Chief Judge Williams wrote to Brinton to state
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.”
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.
Brinton raised concerns about interference with medical privacy and the
impact of disclosing her COVID-19 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-19 vaccines; for example, whether an employee who is
terminated for not taking the vaccine is eligible for EI benefits, or
whether it was legal for post-secondary institutions to force students
out of their program of study for not taking the vaccine. She was
threatened with suspension and disciplinary action for raising such
concerns.
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.