Vaccine Choice Canada (VCC), along with five individual mothers of children in the school system, have launched an action, in the Superior Court of Ontario, against the government of Ontario, challenging the Constitutional Validity of the Immunization of School Pupils Act and Ontario’s compulsory vaccine regime, and the mandatory “education/information sessions”, and sworn Statement required, to obtain an exemption from a vaccine, failing which a child will be suspended, expelled, and/or not registered.
The Plaintiffs state that this regime:
- Violates their right to freedom of conscience, belief, religion and thought under s.2(a) and (b) of the Charter.
- Violates the rights to life, liberty and security of the person in depriving them of the recognised constitutional right to make decisions over their physical and psychological integrity and autonomy under s.7 of the Charter.
- Violates the right against compelled speech, under s.2(b) of the Charter in being forced to sign, under oath, a Statement with which they disagree, and for which there is no conclusive proof, in being forced to acknowledge that to not vaccinate places their children at risk of physical injury or death.
- Violates their constitutional right to informed medical consent in that the “education sessions” mention nothing of the risk of severe injury and death, from vaccines, which is recognised and undisputed in all G-7 countries, except Canada, in the establishment of compensation funds for vaccine-injured and killed. Quebec is the only Canadian jurisdiction to have such a compensation fund.
- Violates and interferes with the parent-child relationship which is constitutionally protected under s.7 of the Charter as set out by the Supreme Court of Canada.
- Violates the child’s right to Education which has been recognised as a constitutional right in Canada, under s.7 of the Charter, as well as in international law, which binds Canada.
The Plaintiffs state that the vaccine regime in Ontario is draconian, and violates a person’s rights to informed medical consent and choice, over matters of if, when, and what vaccines a child is to receive. This decision is not the state’s to make, on a blitz basis, but on a case-by-case basis with respect to the health, circumstances and propensities and predisposition of the child, by the parent with medical consultation. This is particularly so, when the inserts (warnings) of the vaccines, provided by the vaccine manufacturers themselves, specifically warn of dire and severe injury and side effects, up to and including death, which vaccine manufacturers’ warnings the government, its health officials, and school officials, ignore, supress, and deny without basis.
A protest and press conference are being held, at Queen’s Park, Tuesday, October 29th, at 10:30 am, to remind the government to conduct itself in accordance with the dictates of the Constitution and not just be a peddler for the corporate interests of the $60 billion vaccine industry, predicted to reach $100 billion by 2020, without regard to the particular health and needs of the individual child.
Questions about the legal action or requests for a copy of the Statement of Claim may be directed at legal counsel on the action: Rocco Galati, Rocco Galati Law Firm Professional Corp, at 416-530-9684.
Printable PDF of News Release HERE.
Printable PDF of the Statement of Claim filed on October 24, 2019 HERE. (redacted to protect co-plaintiffs who have been threatened).
Printable PDF of the Statement of Defense filed on December 31, 2019 HERE. (redacted to protect co-plaintiffs who have been threatened).
Photos, videos and media reports HERE.
Update April 2020 – Ontario courts are closed due to COVID-19. Work on this case will continue behind the scenes.
SUSPENSION OF SUPERIOR COURT OF JUSTICE REGULAR OPERATIONS – March 15, 2020 – To protect the health and safety of all court users and to help contain the spread of the 2019 novel coronavirus (COVID-19), the Superior Court of Justice (SCJ) is suspending all regular operations, effective Tuesday, March 17, 2020, and until further notice.
Update December 3, 2020
Mandatory Vaccination Policies in Ontario
Reason for Litigation
In response to the increased coercion and impediments to parents accessing legal exemptions from mandatory vaccination of children for public school attendance, Vaccine Choice Canada and five other plaintiffs launched legal action against the Ontario government on October 24, 2019. The Statement of Claim can be viewed at: https://vaccinechoicecanada.com/wp-content/uploads/vcc-soc-ontario-redacted-october-24-2019.pdf
The Government of Ontario filed a Statement of Defence on December 31, 2019. The Statement of Defence can be viewed at: https://vaccinechoicecanada.com/wp-content/uploads/VCC-v-Ontario-Statement-of-Defense-12-31-19-Redacted.pdf
Current Status: Lawyers for the plaintiff and defendants have exchanged a listing of the documents and evidence that will be required during court proceedings. This is an active file.
Suspension of Superior Court Operations
Note: The Superior Court of Justice suspended all regular operations effective March 17, 2020. Some operations of the court were resumed on September 14, 2020.