More than 300 CAF members launch $500 million lawsuit against military for COVID vaccine mandates

About 330 active or former members of the Canadian Armed Forces (CAF) who say they have been harmed by COVID-19 vaccine mandates have filed a class action lawsuit against senior members of the Canadian military asking for about $500 million in compensation.

“The CAF evaded its own purpose and rushed an untested product to its members, mislabeled this experimental gene therapy as a ‘vaccine’, knowingly made false statements about safety and efficacy, and facilitated its mandate with no option to refuse, except mandatory permanent removal from service,” reads the claim filed in the Federal Court on June 21.

“The actions of the CAF and CDS [Chief of the Defence Staff] has resulted in injury to the plaintiffs, who have consistently worked to prevent this abuse of power and to protect the members and their families who in all cases experience coercion, discrimination and threats of loss of career and benefits.

The lawsuit was filed against Chief of the Defense Staff General Wayne Eyre, Vice Chief of the Defense Staff Lieutenant General Frances Allen, Secretary of National Defense Anita Anand, former Deputy Secretary of National Defense Jody Thomas and others.

In the fall of 2021, the CAF imposed a COVID-19 vaccine mandate, with non-compliance subsequently leading to the loss of hundreds of members. They left via voluntary release or deportation code 5(f)“unfit for further service”, a dishonorable discharge reserved for soldiers with “personal weaknesses” or other problems deemed to place an undue burden on the CAF.

The KAF illuminated the vaccine mandate in October 2022 by removing COVID-19 vaccination as a condition of service, but it retained a mandatory primary series of injections for numerous operational roles.

Orders

The lawsuit alleges that the CAF abused its power by ignoring explicit legal restrictions on its actions, allowing the physical and/or psychological torture of unvaccinated members under the command of CAF-appointed officers, and the incumbent law on the right to privacy and to ignore the right to privacy. opting for medical treatment and ignoring established laws on informed consent and regarding religious and spiritual beliefs.

Other reported alleged abuses include willful failure to ensure officials were fully and accurately informed of all legal and policy issues related to vaccine mandates and willfully misusing the grievance system to indefinitely delay or to stop.

The lawsuit says that in implementing the COVID-19 vaccine mandates, the CAF focused on “political agendas and taking leadership from political leaders that are detrimental to operational preparedness and effectiveness.” It said the CAF gave plaintiffs no way to comply with the mandate by writing the guidelines in a way that blocked any possible way to comply.

The claim statement adds the allegation that the CDS used administrative measures to punish those who refused or could not comply, rather than following the legal process under the National Defense Act that would allow members to present their cases in independent hearings to be heard.

In addition, it said the CDS was in full control of the complaints process, meaning members were denied basic justice.

Further, the lawsuit said Eyre stated he had received orders from the Government of Canada (GC) to enforce the vaccine mandate, which the claim alleges is illegal.

The lawsuit says members suffered serious consequences, including career loss and loss of employment outside the CAF, along with loss of income, old age pension, benefits, travel and even basic participation in work or public life due to non-compliance with the vaccine mandates.

In addition, the lawsuit says commanding officers would have taken coercive action to enforce compliance. Examples cited in the lawsuit include “forcing members to spend unnecessarily long periods of time outdoors in extreme winter conditions without shelter or protection, as well as forcibly confining members in small, cramped spaces without delay for meals or personal hygiene needs.”

Daniel Le Bouthillier, head of media relations for the Department of National Defense, said that as a matter of process, “we are not commenting on potential legal action of this nature.”

Charter rights

The lawsuit also alleged that the CAF vaccine guidelines violated plaintiffs’ rights under the Canadian Charter of Rights and Freedoms.

It said the CAF had violated Section 2(a) by violating their freedom of conscience and religion, Section 2(d) by violating their right to unite in collective action and achieve goals in the workplace, Section 7 by violate their right to liberty and security of person, Article 8 by violating their right to privacy, and Article 15 by violating their right to equal protection and benefit of the law without discrimination.

The plaintiffs also argued that the requirement to disclose personal medical information infringed on their private affairs, and that a “reasonable person would view this intrusion as deeply offensive and causing distress, humiliation and/or distress.”

On May 30, an independent military administrative tribunal ruled that the CAF’s vaccine mandate violated the Section 7 charter rights of members who refused vaccination.

“I conclude that the limitation of the right of the defendants to liberty and security of the person by the CAF vaccination policy is inconsistent with the principles of fundamental justice because the policy is in some respects arbitrary, overly broad and disproportionate,” wrote Nina Frid of the Military Grievance External Review Committee.

Alberta-based attorney Catherine Christensen of Valor Law, who specializes in military law, filed the class action lawsuit on behalf of the CAF members. She said the lawsuit is about $1,000,000 for each of the plaintiffs plus “extensive other damages.” Essentially a lawsuit for about $500,000,000.

The prosecutors are at the “tip of the spear to hold the CAF and GC responsible for the past 3 years of tyranny,” she told The Epoch Times via email on June 23.

“The CDS has issued an illegal order that has cost thousands of our dedicated military members to lose their careers,” she said. “He must now answer to the court for his actions.”