cover image: WRITTEN ARGUMENT OF THE PETITIONERS  Counsel for the Petitioners:



9 Nov 2023

In the alternative, an Order under sections 2(2)(a) and 7 of the Judicial Review 7 Procedure Act, in the nature of mandamus or certiorari, quashing and setting aside all the Hospital and Residential Care Orders and the Residential Care Orders referred to above, and the Guidelines to the extent they fail to provide religious and conscientious exemptions and reasonable accommodations in accordance w. [...] The orders are overbroad in applying to remote and administrative workers who pose no risk to the populations sought to be protected by the vaccination mandates or to anyone in the work environment within the jurisdiction of the PHO mandates; 7. [...] In her reasons the PHO refers repeatedly to masking and rapid testing as effective ways to reduce transmission in the general population but does not offer these options to accommodate the Petitioners and the lower rates of transmissibility of respiratory viruses by Health-Care workers due to PPE as compared to the household studies support that masking and testing is effective in the health-care. [...] Emerson (also see whole exhibits) support a conclusion that the increased strain on the health-care system is due to the fact that the COVID virus has ceased to take up much of the resources and we were able to return to performing the necessary surgical and other hospital procedures that were stalled during the Delta wave of the pandemic. [...] The requirement of only two vaccinations to qualify as fully vaccinated under the mandates was not rationally connected to the goals of the orders – which was to prevent the acquisition and transmission of Covid in the worker population - the evidence relied upon to support the mandates by the PHO was that two vaccinations was not effective to reduce acquisition and transmission of Covid-19 and bo.


Charlene Le Beau

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