Introduction
2020 has been a turning point in many ways. This is nowhere more obvious than the issue of coercive use of health interventions, including masks, temperature screening, and the use of hand sanitizer as screening measures to enter different environments, including businesses, and health care settings. All of these, or a combination of these health interventions, are being forced on members of the public by businesses, and organizations under the guise of stopping the spread of COVID-19.
New: Different phases of health interventions related to COVID-19 have been planned for Canadians by our provincial and federal governments health authorities. The next phase appears to be a plan to engage in the health intervention of the use of mass swabbing and testing of citizens for COVID-19.
The phase after that will include the administration and use of COVID-19 vaccines.
If you do not consent to you, your minor children, or individuals you are the guardian for to be swabbed, tested or administered a COVID-19 vaccine then ensure that you clearly state to any and all authorities who are involved in these actions:
I DO NOT CONSENT under my provincial Health Consent Legislation, or the Canadian Charter of Rights and Freedoms.
In this article, I will review core components of informed consent for health interventions and how people can learn about informed consent in their province, or territory. I will also provide some practical suggestions for how people can approach informed consent in different settings. I will conclude with some ideas for advocacy on the issue of informed consent regarding health interventions.
Informed Consent
Informed consent is a foundation in the use of health interventions. It is also a civil right. Every province and territory in Canada has laws that require peoples' civil rights to autonomy, capability, and self-determination in decision-making regarding providing informed consent, or refusal to use, or participate in health interventions.
Mandates, orders, by-laws and rules being made by businesses, organizations, and different levels of government all violate informed consent laws, because they have removed consent and are coercing and forcing people, often under duress, to use these health interventions in order to access businesses, or services.
I will use B.C., my home province, as an example to outline how informed consent is articulated by the B.C. government in legislation. The B.C. government articulates civil rights to Informed Consent through at least two specific pieces of legislation:
1. The Health Care (Consent) and Care Facility (Admission) Act (1996).
2. The Adult Guardianship Act (1996).
The Health Care (Consent) and Care Facility (Admission) Act (1996) explicitly defines and and outlines key concepts related to health care consent in B.C.
Source: B.C. Government (1996). Health Care (Consent) and Care Facility (Admission) Act. Retrieved from: https://www.bclaws.ca/civix/document/id/complete/statreg/96181_01.
Definitions
1 "health care" means anything that is done for a
therapeutic, preventive, palliative, diagnostic, cosmetic or other purpose
related to health
Presumption of capability
3 (1) Until the contrary is demonstrated, every
adult is presumed to be capable of
(a)giving, refusing or
revoking consent to health care, and
(b)giving or refusing consent to admission to, or continued residence in, a care facility.
Consent rights
4 Every adult who is capable of giving or refusing consent to health care has
(a)the right to give consent or to refuse consent on any grounds, including moral or religious grounds, even if the refusal will result in death,
(b)the right to select a particular form of available health care on any grounds, including moral or religious grounds,
(c)the right to revoke consent,
(d)the right to expect that a decision to give, refuse or revoke consent will be respected, and
(e)the
right to be involved to the greatest degree possible in all case planning and
decision making.
Key Concepts & Principles of Informed Consent
➤ Assumption of capability and capacity to make decisions and consent to health interventions, or to refuse to consent and participate in the health intervention
➤ Autonomy and self-determination in decision-making about health interventions
➤ Being told what the health intervention is and what it is for
➤ Being told what the benefits of the health intervention are
➤ Being told what the risks and/or potential side effects, or adverse outcomes could be associated with the health intervention
➤ Being able to understand the information provided about the health intervention (having capacity and capability)
➤ Voluntary nature of consent
➤ Coercion, duress, or pressure to participate in health interventions is unethical, violates individuals' civil rights, and is unlawful under provincial and federal laws and international agreements that Canada is a signatory to.
References
Wagner, R. A. (2020). Informed Consent Form and Important... Emedicine Health. Retrieved from: https://www.emedicinehealth.com/informed_consent/article_em.htm.
McNally, W.E. and Bottom Line Research and Communications. An Overview of the Law Regarding Informed Consent. Bottom Line Research and Communications. Retrieved from: http://www.bottomlineresearch.ca/pdf/informed_consent.pdf.
Vaccine Choice Canada. Canadian Medical Law – Informed Consent & Your Rights. Retrieved from: https://vaccinechoicecanada.com/exemptions/canadian-medical-law-informed-consent-your-rights.
Actions Involved in Health Consent
1. Giving explicit consent (saying 'yes') to use, or participate in a health intervention.
2. Refusing consent (saying 'no') to use, or participate in a health intervention.
3. Revoking, cancelling and withdrawing consent (saying you want to 'stop' and/or 'cancel') your participation in a health intervention.
Source: Nidus (2020). Health Care Consent in BC: Your Rights and the Law. Retrieved from: http://www.nidus.ca/PDFs/Nidus_HealthCareConsent_YourRights-BC.pdf.
Find out more about Health Care Consent, Your Legal Rights & the Law in B.C.
Health Care Consent in BC: Your Rights and the Law
Visit Nidus.ca to find out more about the following in BC:
- Health Care rights
- Personal and Financial Planning
- Advanced Care Planning
- Representation Agreements
- Power of Attorney documents
Adult Guardianship Act (AGA) in B.C.
The AGA also outlines legal rules regarding personal autonomy, self-determination and the right to make personal and health-related decisions and have those decisions respected by others.
Guiding
principles
2 This Act is
to be administered and interpreted in accordance with the following principles:
(a)all
adults are entitled to live in the manner they wish and to accept or refuse
support, assistance or protection as long as they do not harm others and they
are capable of making decisions about those matters;
Presumption of
capability
3(1) Until
the contrary is demonstrated, every adult is presumed to be capable of making
decisions about the adult's personal care, health care and financial affairs.
Source: B.C. Government. (1996). Adult Guardianship Act. Retrieved from: https://www.bclaws.ca/civix/document/id/complete/statreg/96006_01.
Find the Health Care Consent Legislation in Your Province/Territory
Search 🠞 Province/Territory Health Care Consent law
Search 🠞 Province/Territory Adult Guardianship law
Note: When you find the legislation, look for sections that specifically discuss the following topics:
- Consent and/or Informed Consent
- Autonomy
- Self-determination
- Decision-making
Health Authorities
- Each province and territory in Canada has legislation that outlines what organizations are considered "health authorities."
- In B.C. the Health Authorities Act (1996) outlines what those are by law.
Source: B.C. Government (1996). Health Authorities Act. Retrieved from: https://www.bclaws.ca/civix/document/id/complete/statreg/96180_01.
Search 🠞 Province/Territory Health Authority Act
Video: Your Rights to Decline Mandatory Covid Measures with Rocco Galati. (Oct. 20, 2020). Constitutional Rights Centre. Youtube. Retrieved from: https://www.youtube.com/watch?v=Q3wWxJ5L9Pk.
Description: In this media presentation, we cover your common-law, statutory, international, and constitutional rights against mandatory medical procedure and/or treatment without expressed, informed, consent in the context of Covid: Vaccines, Testing, Masking and Contact Tracing.
Businesses and Organizations are Not Health Authorities or Health Care Settings
Masking rules, mandates, and orders have been made across Canada that are forcing people to wear masks, submit to temperature screening, and/or use hand sanitizer or citizens may/can be refused access and entry to shop, receive health care services, or use the premises.
Wide spread coercion of health interventions for wearing masks, submitting to temperature screening, and/or use hand sanitizer is occurring in Canada. If people refuse, they are sometimes being denied access to health care, businesses, and other services. This constitutes violations of peoples' right to informed consent AND in many cases, this discrimination and denial of services are violations of human rights laws in the provinces/territories.
There are no laws enacted by the Canadian government for masks, temperature screening or hand sanitizer. However, there are rules, and policies they have made for federal buildings, and places like points of entry to Canada, such as airports, or customs offices.
The majority of the rules, by-laws, mandates and orders are being made in the provinces and territories by:
- City councils in the form of by-laws
- Provincial and territorial public health and public safety orders and mandates
- Health authority licensing organizations
- Workers Compensation Boards
- Private businesses and organizations
Challenging and Not Consenting to Health Intervention Rules
Although I am not a lawyer, it is my perspective as a public interest and human rights advocate that these rules, mandates and orders can be challenged, and that consent can be refused for the following reasons:
1. Informed consent for the use of health interventions is a civil and constitutional right that is protected by law in every province and territory in Canada. As Canadians, we cannot be coerced, pressured, or forced under duress to use, participate in, or endure health interventions we do not freely, and voluntarily consent to. If we are, then provincial, federal, and international laws have been broken by whomever violated our rights.
2. Private businesses, and other types of non-health bodies, and organizations are not legally entitled, under any provincial/territorial, or federal laws to enact, coerce, or force people to submit to individual or public health interventions. Doing so violates our civil and human rights to legally provide informed consent, or refuse consent, under provincial human rights laws, and for governmental organizations, the Canadian Charter of Rights and Freedoms.
3. There is no substantive peer-reviewed evidence-based science and research that demonstrates that these health interventions (masking, temperature screening, or hand sanitizer) stop the transmission of infectious diseases, including coronavirus' such as COVID-19.
4. There have been several legal cases (labour relations arbitrations) in Canada that have struck down coercive masking and vaccination policies made by health employers because they were unable to produce substantive evidence-based research that demonstrated masks, or vaccines, prevented the transmission of infectious diseases, including infections. See more here.
Sources: Government of Canada. (1985). Canada Health Act. Retrieved from: https://laws-lois.justice.gc.ca/eng/acts/c-6/page-1.html.
Government of Canada. (1982). Guide to the Canadian Charter of Rights and Freedoms. Retrieved from: https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html.
Young, T. (Nov. 22, 2020). Civil & Human Rights Laws, Commissions and Tribunals in Canada and How to Document Discrimination for Filing Human Rights Complaints. Canadian Advocacy Centre for Health, Safety & Justice. Retrieved from: https://canadianadvocacycentre.blogspot.com/2020/11/civil-human-rights-laws-commissions-and.html.
Canuck Law. (2020). CV #58: Vaxx Or Mask Rulings (2015, 2016 & 2018); Bonnie Henry Testifies; BC Ombudsman Report. Retrieved from: https://canucklaw.ca/cv-58-vaxx-or-mask-rulings-2015-2016-2018-bonnie-henry-testifies-bc-ombudsman-report/.
CBC News. (2019). B.C. nurses no longer need to get flu vaccine or wear masks, can rely on 'professional judgment'. Retrieved from: https://www.cbc.ca/news/canada/british-columbia/b-c-nurses-no-longer-required-to-get-flu-vaccine-or-wear-mask-1.5384902.
What Do I Do If I'm Being Denied Access and Entry to a Business, Health Care Setting, or Organization if I Can't, or Won't Consent to Health Interventions
➤ Ask if they are aware that Health Canada has a list of approved hand sanitizers and has re-called several different brands in 2020. Ask if they have reviewed the list to ensure they are not violating the recall by forcing customers to use unsafe and toxic products and substances.
Conclusion
At this time there are numerous law suits that have been filed against different provinces, against the Canadian government, and city governments over the unconstitutional nature of the by-laws, orders, and actions taken by different levels of government under the guise of "managing" COVID-19. These will all take some time to strike these things down as the courts move very slowly, and these are complex legal cases.
There are likely hundreds of human rights cases that have been filed across Canada due to the discrimination people with disabilities have been facing because they are unable to wear masks, their health exemptions not being respected and accommodated, and being denied the right to buy food, medications, and other necessities. Denying people the right to equal and fair treatment, inclusion and to fully participate in Canadian society is not consistent with Canadian values, principles, or laws.
I am part of vast networks of people all across Canada who are working to support others who are experiencing individual and systematic violations of their human rights, and their civil and constitutional rights under the provincial and territoral human rights laws, and the Canadian Charter of Rights and Freedoms.
I invite you to email me @ canadianadvocacycentre@gmail.com if there is a particular topic you would like me to write an article about in the area of civil and human rights that would be helpful to others, and to the public interest.
Resources
Council of Canadians with Disabilities
Link: http://www.ccdonline.ca/en/
Canadian Network for the Prevention of Elder Abuse (CNPEA)
Link: https://cnpea.ca/
Health Gateway: Links to Organizations that Support People with Chronic Health Conditions and Disabilities in Canada
Link: http://www.healthgateway.ca/en/LinksAgenciesOrganizations
Pro Bono Canada - Contacts for free legal services in Alberta, B.C., Ontario, Quebec, and Saskatchewan.
Link: https://probonocanada.org/legalhelp/
United Nations Convention the Rights of Persons with Disabilities (CRPD)
Young, T. (Nov. 22, 2020). Civil & Human Rights Laws, Commissions and Tribunals in Canada and How to Document Discrimination for Filing Human Rights Complaints. Canadian Advocacy Centre for Health, Safety & Justice. Retrieved from: https://canadianadvocacycentre.blogspot.com/2020/11/civil-human-rights-laws-commissions-and.html.
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