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VACCINE CHOICE CANADA
UPDATE AND CALL TO ACTION
DECEMBER 4, 2019

Dear Members & Friends of Vaccine Choice Canada,

NEW BRUNSWICK_ AN ACT RESPECTING PROOF OF IMMUNIZATION_ AND THE NS & PEI
CALL FOR
MANDATES                                                    


* NEW BRUNSWICK BILL 11, WHICH CONTAINS THE SAME PROPOSED AMENDMENTS AS
BILL 39, IS AN ACKNOWLEDGEMENT THAT VACCINATION MANDATES VIOLATE THE
FUNDAMENTAL RIGHTS OF CANADIANS
* BILL 11 IS A RECKLESS ATTEMPT TO USE THE “NOTWITHSTANDING CLAUSE,”
SECTION 33 OF THE CHARTER
* USE OF SECTION 33 IN BILL 11 DOES NOT END THE CONSTITUTIONAL VIOLATIONS
NOR THE CHALLENGE TO THIS LEGISLATION
* BILL 11 SHOULD BE OPPOSED BY EVERY CITIZEN WHO VALUES A FREE SOCIETY,
REGARDLESS OF WHAT THEY THINK CONCERNING VACCINES, BECAUSE WHEN SOME PEOPLE
LOSE THEIR CONSTITUTIONAL RIGHTS AS A RESULT OF GOVERNMENT OVERREACH—EVEN
PEOPLE WE DISAGREE WITH—WE ALL LOSE OUT IN THE END
* MAKE A PERSONAL APPOINTMENT WITH YOUR MLA TO INSIST THEY VOTE AGAINST
BILL 11, OR IN NS AND PEI TO ENSURE YOUR MLAS ARE INFORMED ON THE ISSUE

New Brunswick Education Minister Dominic Cardy's introduction of Bill 11
[2], _An Act Respecting Proof of Immunization__,_ clearly demonstrates what
Vaccine Choice Canada rightly claimed at the Standing Committee on Law
Amendments hearings in August 2019 - that the previous version, Bill 39,
was in fact a violation of the constitutional rights of Canadians. In other
words, BILL 11 IS AN ACKNOWLEDGEMENT THAT VACCINATION MANDATES VIOLATE THE
FUNDAMENTAL RIGHTS OF CANADIANS.

Clearly, this bill is a reaction to presentations to the Standing Committee
and/or our constitutional challenge [3] in the Ontario Superior Court of
Justice filed in October 2019.

Bill 11 proposes to remove all non-medical exemptions to vaccination for
children attending daycare and public school in New Brunswick, thereby
parents and children must choose whether or not to receive vaccinations and
still have access to free public education. It contains all the same
proposed amendments as its predecessor, Bill 39.

The effect of Bill 11 is that all children who are unable to obtain a
medical exemption must receive all of the required vaccinations, if they
are to attend a daycare or public school. Parents who object to their
children receiving vaccinations will no longer be permitted to send their
children to public school unless they act contrary to their objections.

BILL 11 IS A RECKLESS ATTEMPT TO USE THE “NOTWITHSTANDING CLAUSE”

Unlike Bill 39, and in an apparent attempt to foreclose a constitutional
challenge to the Bill, Bill 11 invokes section 33 of the _Charter_,
commonly known as the "notwithstanding clause."

The _Charter_ constitutionalizes the most important personal liberties and
civil rights Canadians enjoy. Governments can only limit or violate those
rights if it can be demonstrated by the government that doing so is
"justified in a free and democratic society" according to section 1 of the
_Charter_. Courts have the ability to nullify or "strike down" a law if it
is found to unjustifiably violate a _Charter _right.

However, the notwithstanding clause, section 33 of the _Charter_, permits
governments to pass a law that the courts are unable to strike down even if
the law violates constitutional rights or freedoms.

The use of section 33, the "notwithstanding clause" of the Canadian Charter
of Rights and Freedoms, in Bill 11 is an entirely inappropriate use of the
clause. Allowing use of section 33 for such illegitimate and frivolous
reasons would open the door to using it for removing rights of free speech,
assembly, religion and so forth. Section 33 was intended and envisaged to
be used only in extreme cases - such as war, insurrection, or other truly
disastrous national emergencies.

SECTION 2,7, AND 15 CHARTER RIGHTS OVER-RIDE ARE NOT THE END OF
CONSTITUTIONAL CHALLENGE

The cynical use of section 33 does not end the constitutional violations
nor challenge to this legislation. The freedom of conscience, life, liberty
and security, as well as equality rights found in sections 2,7, and 15,
were established BEFORE the Charter of 1982, and are protected as unwritten
constitutional rights not subject to section 33. Furthermore, this bill
also violates other Charter rights to which section 33 does NOT apply.

WHY BILL 11 SHOULD BE OPPOSED

The circumstances that Bill 11 will create, if enacted, will infringe upon
the constitutional rights of children and parents as protected by the
_Canadian Charter of Rights and Freedoms_. These rights include freedom of
conscience and religion as protected by section 2(a) of the _Charter _and
the right to liberty and security of the person as protected by section 7.

It is a serious intrusion by the state to demand that a person inject a set
of substances they do not want or need into their body or the body of their
child in order to access public education. Citizens ought to be concerned
any time a government is willing to blatantly trample upon individual
liberties and civil rights to achieve its agenda, especially when no real
emergency is present. Bill 11 should be opposed by every citizen who values
a free society, regardless of what they think concerning vaccines, because
when some people lose their constitutional rights as a result of government
overreach--even people we disagree with--we all lose out in the end.

WHAT CONCERNED CITIZENS CAN DO TO STOP BILL 11

Bill 11 was introduced on November 22, 2019 and is currently being
considered by MLAs. A vote to either pass the Bill into law or reject the
Bill could occur as early as December 2019.

The best, and perhaps only, way to avoid the consequences of Bill 11 is to
ensure it is never passed into law.

New Brunswick citizens who disapprove of Bill 11 and want to ensure it does
not pass can have a tangible impact by calling or meeting with their MLA
and clearly communicating their desire that he or she vote against the Bill
and why. Unlike many proposed bills, which are destined to pass because of
whipped votes by the party or parties that form government, MLAs will
independently vote on Bill 11 according to their own conscience and in
accordance with what they believe is in their constituents' best interests
or with the expressed desire of a majority of their constituents.

Bill 11 will not pass if a majority of the individual members of the
legislature do not, of their own initiative, vote in favour of the Bill.

MLAs ought to be reminded that whatever one may think regarding a
particular issue or fact, nobody should be forced to violate their bodily
autonomy or conscience to access public education and a government should
not be using such a heavy-handed method as the notwithstanding clause to
get what it wants except in true emergencies.

Vaccine safety science is far from being "settled", essential
placebo-controlled studies have never been done, and new research indicates
vaccines can cause both immune system and neurological injuries. However,
regardless of one's opinion on vaccines, Bill 11 is an affront to liberty
and an attack upon fundamental rights and freedoms.

Regardless of an MLA's opinion on vaccines, they should not support Bill 11
because individuals must always retain the right to voluntarily choose or
reject any medical treatment, including vaccines, for themselves or their
children , and not have their rights violated by the government choosing
for them and withholding the benefit of free public education from those
who disagree.

TAKE ACTION

* NEW BRUNSWICKERS [2] ought to contact their MLA's office _immediately_
to express their opposition to Bill 11 and to implore their MLA to vote
against it. They can provide their MLA with a legal opinion [4] provided to
the legislative committee that studied Bill 39, which details the
constitutional rights violations that will result from such a Bill.
* RESIDENTS OF NS AND PEI can do the same, pre-emptively, to ensure their
MLAs are informed on the constitutional rights surrounding vaccination
mandates as well as the fact that the science is not settled. See the
Vaccine Choice Canada resources page [5] for materials to take along.
* ALL OTHER CANADIANS should be meeting with their MLAs, MPPs and MPs for
the same reasons.

WE URGE YOU TO MAKE AN APPOINTMENT WITH YOUR REPRESENTATIVES, AS THE MOST
EFFECTIVE MEANS OF COMMUNICATING WITH THEM IS WITH A FACE TO FACE MEETING.

VCC'S CALL TO ACTION [6] - 2:45 video

See our website for updates [2] on New Brunswick Bill 11.
******

VACCINE CHOICE CANADA IS A NOT-FOR-PROFIT EDUCATIONAL SOCIETY DEDICATED TO
PROMOTING HEALTH AMONG CANADIANS BY HELPING FAMILIES MAKE FULLY INFORMED
AND VOLUNTARY CHOICES ABOUT VACCINATION. VACCINE CHOICE CANADA RECEIVES NO
FUNDING FROM GOVERNMENT OR CORPORATE SOURCES AND IS SOLELY SUPPORTED BY OUR
MEMBERS. LEARN MORE ABOUT VACCINES, DISEASES AND HOW TO PROTECT YOUR
CHILDREN FROM VACCINE INDUCED INJURIES. BECOME A MEMBER OF VACCINE CHOICE
CANADA AND RECEIVE OUR INTERNATIONALLY ACCLAIMED NEWSLETTERS. CONTACT US
THROUGH OUR WEBSITE, WWW.VACCINECHOICECANADA.COM [7] OR EMAIL US AT:
[email protected]

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Vaccine Choice Canada P.O. Box 169
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Canada

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