N.S. judge suing courts for $5 million over COVID-19 vaccination status demand

A Nova Scotia provincial court judge is suing her boss and employer for $5 million over what she alleges was an unjust and damaging campaign to force the disclosure of her COVID-19 vaccination status.

The Provincial Court of Nova Scotia, its former chief judge Pamela Williams, her office and the Attorney General are all listed as defendants in the suit filed Sept. 29 with the Supreme Court of Nova Scotia by Judge Rickola Brinton.

Brinton was appointed as a provincial court judge in 2017.

She has been off work on disability leave, caused by what she claims is her treatment by Williams, since November 2021. The 48-year-old judge’s suit seeks the continuation of her salary until the age of 65.

According to the statement of claim, the issue started in 2021 with an email by Williams in her administrative role as chief judge, to the judiciary stating that the Nova Scotia bar had requested the vaccination status of the judiciary.

Williams, whose term as chief judge ended this August, asked whether judges would voluntarily share their COVID-19 vaccination status in a private note to the bar.

Multiple judges responded sharing their vaccination status and expressing support for the move. One judge expressed concerns for the privacy of those who might not be able to be vaccinated for medical reasons but not for anyone who voluntarily chose not to be vaccinated.

Brinton was the lone objector.

“… 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 free to serve them.”

Another judge responded to Brinton’s email, writing, “Either we all voluntarily declare we are vaccinated, or the Chief should use her powers and order that all the (Provincial Court) judges be vaccinated.”

Mandatory vaccination

On Oct. 6, 2021, it was announced that all provincial government employees must get vaccinated against COVID-19 or be placed on unpaid leave. While this policy applied to court staff, it was not applicable to judges.

Shortly after, Williams met with Brinton regarding her not sharing her vaccination status.

“Brinton explained that her position was a matter of conscience and a result of prayerful contemplation,” reads the statement of claim.

“Brinton told Williams that she felt compelled to speak up because she believed that the COVID-19 vaccine question was a political issue causing division and the Court should remain neutral.”

According to the statement of claim, Williams said Brinton would be able to continue to work by presiding over arraignment court from home if the other judges agreed to take over the trials that were assigned to her.

“Brinton shared her concern with Williams that it was difficult to speak openly about the issue,” reads the description of the conversation between the two judges.

“Williams agreed, and assured Brinton that she would not seek to suspend her or refer her to the Nova Scotia Judicial Council. At no time did Williams advise Brinton that she might do so in the future or that Brinton had done (or had not done) anything that would warrant any form of discipline at all.”

In late October 2021, Brinton and members of her family tested positive for COVID-19 and entered a 10-day quarantine.

‘Overwhelming exhaustion’

On Nov. 1, 2021, Williams sent an email to judges stating that only those who had received COVID-19 vaccines would be able to preside in court.

“Upon recovering and completing her quarantine, Brinton found herself suffering from overwhelming exhaustion and anxiety arising from Williams’s actions,” reads the statement of claim.

“Brinton visited her doctor, Dr. Babatolu, and informed him that the greatest source of her anxiety was work emails. She explained that the anxiety was so severe that her body would shut down. Dr. Babatolu advised Brinton to go off work for four weeks during which time he instructed her to avoid reading emails.”

The doctor signed a proof of illness form required for Brinton to go on short-term disability that was submitted on Nov. 15.

On Dec. 15, Williams wrote to Brinton saying that the other judges had refused to take over her scheduled trials and she shared their opinion that “a judge must perform all aspects of the work, including trials.”

Brinton did not see the email because she was not reading them, as per her doctor’s orders.

Two days later, Brinton sent another proof of illness form signed by Dr. Babatolu and said she needed another four to six weeks off work.

On Feb. 22, Williams wrote to Brinton saying she would need “evidence of disability” to approve her short-term disability benefits.

‘Considered non-vaccinated’

Williams added that if Brinton were to return to work, she would still have to provide her COVID-19 vaccination status.

“If you continue to choose not to disclose your vaccination status, you will be considered non-vaccinated and unable to preside over in-person trial and sentencings in the Court Room, which is a large part of the daily functions of a Provincial Court Judge,” reads the email.

“Regrettably, I will have no recourse other than to suspend you and refer the matter to the Judicial Council.”

Brinton responded saying that she would be going on long-term disability. On March 21, Dr. Babatolu signed a note saying Brinton would be off work for medical reasons until at least May 16.

A week after, Williams herself wrote to Dr. Babatolu asking that he “outline the treatment plan, anticipated date of resolution, and/or restrictions and limitations to determine if Judge Brinton could have operationally performed her job with or without modifications to duties/hours. As Chief Judge, I am tasked with authorizing short-term illness claims for Judges of the Provincial Court. Without this information, regrettably I am not able to authorize the (already incurred) 100 days of short-term illness leave.”

Brinton refused to give her doctor permission to share those records with Williams.

Shortly thereafter, Brinton was approved by third-party provider Manulife to go on long-term disability.

She’s now receiving 65 per cent of her annual salary, which would have been $283,075.88 in 2023.

The statement of claim alleges Williams conduct was unjust, unconstitutional and a bad faith attempt first to get her to share her vaccination status and then to punish her for not doing so.

It goes on to state Brinton suffered “indignity, further stress and further anxiety as a result of Williams’s attempt to access her private medical records from her family doctor…”

Brinton is seeking damages in the amount of $5 million, interest and punitive damages “in an amount considered appropriate by this court.”

The defendants have not yet provided a response to the court.

Brinton’s lawyer, James Manson, declined to comment.