Thread regarding Enbridge Inc. layoffs

Know your rights: Re: submitting to weekly testing.

Submitting to any type of COVID-19 testing that is mandated requires informed consent.
Informed consent means that the person who will administer the medical treatment or procedure, needs to inform you of all the benefits and risks associated with the medical treatment or procedures as well as alternative treatments before you decide if you will consent or not. This is medical freedom. These are our God-given inalienable rights.
Elements of consent: your expressed, informed and explicit consent (voluntary) must be obtained prior to treatment. Without consent it is considered as----t under the Criminal Code of Canada. Consent given under fear or duress is not consent. Section 265(3) of the Criminal Code of Canada defines consent in relation to as----t as:
Consent
(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
• (a) the application of force to the complainant or to a person other than the complainant;
• (b) threats or fear of the application of force to the complainant or to a person other than the complainant;
• (c) fraud; or
• (d) the exercise of authority.

The Ontario Health Care Consent Act, 1996 defines “consent” as well:
CONSENT TO TREATMENT
No treatment without consent
10 (1) A health practitioner who proposes a treatment for a person shall not administer the treatment, and shall take reasonable steps to ensure that it is not administered, unless,
(a) he or she is of the opinion that the person is capable with respect to the treatment, and the person has given consent; or
(b) he or she is of the opinion that the person is incapable with respect to the treatment, and the person’s substitute decision-maker has given consent on the person’s behalf in accordance with this Act. 1996, c. 2, Sched. A, s. 10 (1).
Elements of consent
11 (1) The following are the elements required for consent to treatment:

  1. The consent must relate to the treatment.
  2. The consent must be informed.
  3. The consent must be given voluntarily.
  4. The consent must not be obtained through misrepresentation or fraud. 1996, c. 2, Sched. A, s. 11 (1).

Treatment is defined in the Ontario Health Care Consent Act, 1996 as follows:
“means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health-related purpose, and includes a course of treatment, plan of treatment or community treatment plan”. This definition would include any vaccination or any COVID-19 test, as they are both, allegedly, “preventive”, “diagnostic” and for a “health-related purpose”.
The Nuremberg Code, to which Canada is a signatory, states that it is essential before performing a medical procedure on human beings, that there is voluntary informed consent. It also confirms a person involved should have legal capacity to give consent, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him/her to make an informed decision.

Nuremberg Code: Article 6, Section 1:
Any preventative, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information. The consent should, where appropriate, be expressed and may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice.
Nuremberg Code: Article 6: Section 3:
In no case should a collective community agreement or the consent of a community leader or other authority substitute for an individual’s informed consent.
By forcing employees to submit to a COVID-19 vaccination or test (including the rapid antigen test), you are in breach of the Nuremberg Code.
Furthermore, the Supreme Court of Canada has well established case law that deals with medical treatment without the informed consent of the patient. Case law, to some in the legal field, would be regarded as the most recent, gold-standard-type of law. Case law cannot be overturned or overruled without new case law on that issue. The Supreme Court of Canada has made it clear that it is unconstitutional to force medical treatment of any kind without the informed consent of the patient. Any action taken by an employer in contravention of case law, would be unlawful.
Furthermore, the Canadian Charter of Rights and Freedoms Section 2 (a) (freedom of conscience and religion) and Section 7 (everyone has the right to life, liberty, and security of person and the right not to be deprived thereof except in accordance with the principles of fundamental justice), apply to these mandates. Human bodily autonomy is as basic as it gets in terms of rights. I have the right to liberty – and this includes my right to refuse medical treatment (including vaccines or any of the available tests for COVID-19).
In addition, the PCR test is a form of genetic test and also would fall under the definition of a medical procedure. The following legislation also applies: Bill S-201, Statues of Canada 2017: “An Act to prohibit and prevent genetic discrimination”. In it, it clearly defines “genetic test”: genetic test means a test that analyzes DNA, RNA or chromosomes for purposes such as the prediction of disease or vertical transmission risks, or monitoring, diagnosis or prognosis. (test génétique)
Furthermore, in this legislation it also outlines Prohibitions:
Prohibitions
Genetic test
3 (1) It is prohibited for any person to require an individual to undergo a genetic test as a condition of
(a) providing goods or services to that individual;
(b) entering into or continuing a contract or agreement with that individual; or
(c) offering or continuing specific terms or conditions in a contract or agreement with that individual.

This legislation also outlines “Offences and Punishment”
Contravention of sections 3 to 5
7 Every person who contravenes any of sections 3 to 5 is guilty of an offence and is liable
(a) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both; or
(b) on summary conviction, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding twelve months, or to both.

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| 2791 views | | 12 replies (last September 16, 2021) | Reply
Post ID: @OP+1cPd5daT

12 replies (most recent on top)

I had a look at some of the sections of this post. It's a bunch of partial quotes from various sources chained together with bad leaps of logic. It's nonsense decorated to look official.

Nobody will hold you down and force you to take the vaccine. If you weigh all of the circumstances, one of which may be an employment mandate, and you decide to take the shot, you have given perfectly valid consent.

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Post ID: @2ofk+1cPd5daT

"These are our God-given inalienable rights."

No such thing.

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Post ID: @2ksg+1cPd5daT

Does everyone think the Company would not do their research before they implemented testing?????? They like other Companies are just waiting to see how some of these cases move their way through court. Now with an Arbitrator ruling testing can be done, they are comfortable that what they are doing is legal.

Now that it is you can choose to be tested, choose to be vaccinated or choose to go home without pay and then maybe be dismissed.

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Post ID: @1dls+1cPd5daT

In this Arbitration case no one is willing giving up their rights and freedoms. The courts have ruled. So now you have the right to submit to the testing or don;t work there. It is that simple. You always have the right to choose where you work.

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Post ID: @1nmj+1cPd5daT

I am very surprised how many people are so easily giving up their rights and freedom, which many of our past generations gave their lives to keep.

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Post ID: @1bbh+1cPd5daT

Sorry but in Ontario an Arbitrator has already ruled on this. So testing is allowed. Grievance was denied and right to test upheld.

Arbitrator Upholds Mandatory COVID-19 Testing
August 6, 2021

A recent arbitral decision, EllisDon Construction Ltd. v Labourers’ International Union of North America, Local 183, may provide some needed insight into how arbitrators will consider workplace policies mandating COVID-19 testing and/or vaccinations for its employees. In a decision released June 10, 2021, Arbitrator Robert Kitchen dismissed a grievance filed by LIUNA Local 183 in which the Union challenged an employer’s policy requiring employees to take rapid COVID-19 tests in order to gain access to the workplace. Arbitrator Kitchen ultimately found the policy to be reasonable when weighing the intrusiveness of testing against the threat of and need to prevent COVID-19.

The Employers, EllisDon and Verdi Structures, are contractors engaged in a construction project in Toronto. In February 2021, EllisDon introduced a policy that mandated rapid COVID-19 testing at select job sites, which were selected based on criteria such as community spread, case counts, hot-zone locations, project size, and level of transmission risk, among other factors. In April 2021, EllisDon expanded the policy to include sites where the owners had not expressly approved testing, responding to the “third wave” of COVID-19 cases in Ontario and emerging variants of the virus. The Grievance, filed on behalf of several employees at the project, claimed that the policy was unreasonable. The Grievors argued that the testing was invasive and violated their privacy, that rapid testing was “experimental” and that it produced false positive results.

The Union relied in part on arbitral jurisprudence concerning mandatory dr-g and alcohol testing, a context in which employees’ bodily integrity and privacy interests are called into question. The Union also emphasized that the project was located in an “open air” environment, minimizing risk of transmission.

Arbitrator Kitchen, however, noted that more invasive testing regimens had been upheld by arbitrators. He noted that in Caressant Care Nursing and Retirement Homes the union had argued that testing was an intrusion on privacy and a breach of dignity because a nasal swab was more intrusive than certain dr-g or alcohol tests, such as a breathalyzer. Arbitrator Randall nonetheless held that the intrusiveness of testing was reasonable when weighed against the need to prevent the spread of COVID-19.

Arbitrator Kitchen noted that in a previous decision from April 2021, Unilever Canada Inc., v United Food and Commercial Workers, Local 175, Arbitrator Bloch had employed the following factors to decide whether mandatory COVID-19 testing was reasonable: the number of workers onsite and on the production lines; any prior or existing outbreaks or transmissions of the virus in the facility; and the available evidence linking such testing to effective prevention of COVID-19 transmission in the workplace. Despite the fact that no outbreak had occurred at the facility in question, Arbitrator Bloch dismissed the grievance, citing the number of employees at the site and the need to “err on the side of caution.”

In the Grievance at hand, Arbitrator Kitchen found that there were even more compelling circumstances to support the Employer’s testing policy, noting in particular the existing history of transmissions at the Project. In balancing the interests of employer and employee, and the reasonableness of testing against the broader need to curb the spread of COVID-19, the arbitrator found the Employer’s testing policy to be reasonable and the grievance was dismissed. The reasoning in this decision, and the decisions that it relies on, may pave the way for future, highly-anticipated developments surrounding mandatory vaccination policies. The question of whether it is reasonable for an employer to require workers to be vaccinated may look to arbitral decisions such as this in considering the factors to balance certain interests and in assessing reasonableness, such as number of workers onsite, history of outbreaks, and the seriousness of COVID-19.

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Post ID: @1zla+1cPd5daT

Without reading your attempt of now refusing to get tested, I'm not sure how submitting a covid test is a medical procedure that violates your rights.

If that's the case my son has medical procedures everyday when he mines fit gold in his nose.

Your rights aren't being taken away. You are given 3 choices of what you can do.

Get the shot

Weekly tested

Or be an unemployed mo--n.

I can guess what your choice will be.

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Post ID: @1wdv+1cPd5daT

You all sound so inclusive....Congratulations. In a few years you will look back on this and be ashamed. The country we are leaving to the children based on this is a much worse one. I am embarrassed by the comments of anger, bullying, exclusion and how unaccepting the people are at thos company. Very sad our country has fallen so far. And your answer would be to tell me to leave the country. I hope you take a step back and reassess.

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Post ID: @1xcu+1cPd5daT

Yup. In some places where we operate like the US and across Canadian provinces, it will actually be the law that companies MUST have a policy like this. Enbridge’s is super generous with paid time off to get tested. People who don’t like it are just way too entitled. Go work somewhere else (oh wait, you’ll need to get vaccinated or tested there too).

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Post ID: @1pza+1cPd5daT

Wake up and read the news. Every large organization in North America is doing this. Education sector, healthcare, transportation, banks, you name it. In the US, every employer with over 100 employees will need to do the same thing. Unvaccinated id--ts at our company are just lucky that we are providing paid time off to get tested. My only criticism is that it should have come sooner. Legally, safety trumps privacy in basically every place we operate. If you don’t like it, please go work elsewhere.

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Post ID: @1otk+1cPd5daT

Leave

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Post ID: @1yow+1cPd5daT

Have fun looking for a new job. You don't belong here

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Post ID: @emy+1cPd5daT
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