In a recent ruling by the Federal Court of Canada, a lawsuit led by over 300 current and former Canadian Armed Forces (CAF) members was dismissed. The lawsuit challenged the military’s COVID-19 vaccination mandate, arguing it violated their constitutional rights. Associate Judge Catherine Coughlan found the lawsuit’s allegations lacked the necessary factual support and employed inappropriate language, resulting in the case being struck down without an opportunity for amendment.
The suit, officially titled Qualizza v. Canada, claimed the vaccination directive mandated in 2021 by the CAF overstepped legal bounds set by the Canadian Charter of Rights and Freedoms. The CAF’s policy mandated full vaccination but did provide exemptions on medical, religious, or other grounds protected by the Canadian Human Rights Act. Members’ non-compliance could lead to administrative actions or dismissal.
In 2023, plaintiffs sought damages totaling $1 million each, citing infringements on their Charter rights, along with $350,000 for not complying with various regulations. They accused senior CAF leaders, among others, of misapplications of law. The Crown’s defense was robust, pointing out the lack of basic factual elements and coherent legal argumentation in the plaintiffs’ case.
During the court proceedings, Judge Coughlan highlighted that for a claim under section 2(a) of the Charter, concerning freedom of religion, a claimant must demonstrate genuine belief in a practice with a substantial connection to religion, adversely affected by government actions. Most plaintiffs could not meet this requirement, including 174 individuals who had sought religious exemptions without specifying how the mandate had substantially impacted their religious practices.
The court also examined allegations related to sections 2(d) regarding freedom of association, and section 7 concerning the life, liberty, and personal security. The judge ruled that these sections were similarly unsupported by specific facts or substantial legal arguments.
Judge Coughlan also noted references to COVID-19 vaccines as “experimental gene therapy” and misuse of the term “emergency,” which she criticized as unfounded and contributing to the vexatious nature of the legal language used in the lawsuit.
There was also an irrelevant linking of unrelated civil rights protected under section 15 of the Charter, and unsupported accusations that some CAF officers engaged in criminal activities by enforcing the vaccine mandates, which the judge condemned as abuse processes.
Ultimately, the sweeping failure to provide essential details and the inappropriate terms used led to the dismissal of the case, according to Rule 221 of the Federal Court Rules. The decision underscored that such significant defects in the pleading could not be rectified by mere amendment.
The legal representatives for the plaintiffs and Canada were identified as Catherine Christensen of Valour Law and Barry Benkendorf of Justice Canada, respectively. Both parties were not available for immediate comments following the ruling.
The case underscores the ongoing challenges and scrutiny over COVID-19 policies within military and civilian jurisdictions, highlighting a critical, ongoing dialogue on public health, personal freedoms, and legal standards in Canadian society.
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