Notice of Liability for Employers Demanding Covid-19 Vaccination

Here is the best version of the letter of liability that was shared at the ‘Windsor With the World’ protest on September 18th.

If your employer has threatened you with consequences of any kind for your private medical decision about the covid-19 vaccination, this letter will inform them of their responsibilities, and the consequences they may face for engaging in coercion.

PDF: Notice of Liability to Employer Regarding SARS-CoV-2 Vaccination as Condition for Continuation of Employment

This letter is appropriate for use across Ontario. You are welcome to use this document, print it and share it as many times and with as many people as you like. It is absolutely free.

This letter was written to have the strongest sourcing possible. While there is a lot of information available about the injection, employment law, and our rights as Canadians, a biased legal authority will use any slight weakness as an excuse to dismiss a whole letter. This letter was written to give no such excuses.

It is not a requirement to have an employer sign this letter, but rather it serves as a method to inform an employer about the ways their vaccination mandates are in opposition to many statutes, including the Healthcare Consent Act and the Employment Standards Act.

It is strongly recommended that you sign this under the supervision of a lawyer or a notary public, thereby qualifying it as an affidavit–“a written statement confirmed by oath or affirmation, for use as evidence in court.” This will require a fee of between $30 and $50. Once this is completed, you may be provided copies with the notarized endorsement intact, and these should be sent through mail, e-mail, and delivered in person. The purpose of this process is to ensure their use in any legal proceedings.

The full text of the letter follows:

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Notice of Liability to Employer Regarding SARS-CoV-2 Vaccination as Condition for Continuation of Employment

Employer: ____________________________
Attn: ____________________________

This is an official Notice of Liability regarding my workplace’s decision to require SARS-CoV-2 vaccination as a condition of employment.

1. Under Ontario’s Regulated Health Professions Act, it is prohibited for any non-medical practitioner to perform a controlled act, which includes “Prescribing, dispensing, selling or compounding a drug as defined in the Drug and Pharmacies Regulation Act” [1]. As a vaccination is a ‘drug,’ the employer accepts the liability for being in contravention of this act via the requiring of a prescription medication as a condition for the continuation of employment, unless having done so under the supervision of a Health Professional as defined by this act.
   
2. Under Ontario’s Healthcare Consent Act, it is prohibited to give treatment without consent, of which a condition is that it be informed, free of coercion. [2] As vaccination for SARS-CoV-2 constitutes treatment, the employer acknowledges that its mandate as a requirement for work on an otherwise unconsenting employee is not voluntarily and constitutes coercion [3]. Further, the employer acknowledges the following regarding consent and use of force under this act and other guiding legal and regulatory doctrine:
   a. It is a requirement, under the policy dictated by the College of Physicians and Surgeons of Ontario, that consent must be freely given, and if duress is suspected, a physician must ensure no coercion is present, and if absent, “ must not provide the treatment until assured that valid consent has been obtained.”[4]
   b. A necessary constituent of informed consent is to also appreciate and understand the “The likely consequences of not having the treatment,” free of duress. [2]
   c. Under the Criminal Code of Canada if, “without the consent of another person […] a person commits an assault when he applies force intentionally to that other person, directly or indirectly;” [5]
   
3. As the terms of my employment contract did not require a vaccination for SARS-CoV-2, should I be placed on a non-temporary or indefinite leave of absence, this will have constituted a breach of that contract and constitute constructive dismissal under the Employment Standards Act and under common law, and thus termination and subject to all requirements therein, including giving an appropriate period of notice and/or termination pay. [6]
   
4. Should regular testing be required for my continued employment in lieu of vaccination, this is to be paid for at the employer’s expense as a necessary condition of the continuation of work. As such testing is, however, legally considered to be medical treatment, unless it is demonstrable for such testing to be a bonafide work requirement due to the nature of work, the stipulations of Section 2. under this Notice apply.
   
5. As all vaccines and treatments are, when mandated by an employer, ‘part of work’, the employer acknowledges that they are liable for any damages or illnesses that may arise from this condition in the form of monetary or other types of compensation, i.e. claims made through the Workplace Safety & Insurance Board. [7]
   
6. As the employer, you acknowledge that all treatments and vaccinations for SARS-CoV-2 are under Interim Approval [8], subject to review and, possibly, their use may be rescinded on the basis of poor safety profile.
   
7. As the employer, you acknowledge that the trials used to legitimize these authorizations were not designed to measure any differences in transmission or infectiousness of the SARS-CoV-2 virus, but were solely to determine the likelihood of developing symptomatic disease, i.e. Covid-19 [9]. As the employer, you acknowledge that any claim that vaccination is a bonafide work requirement is subject to these parameters, and any claim that vaccination prevents transmission and necessary for employee and/or customer safety is not predicated on the basis for the authorization via this interim order.
   
8. As an employer, you also acknowledge that refusal to accommodate is subject to the Ontario Human Rights Code, and specifically, the provisions around reasonable accommodation. Failure to accommodate , unless a defense of undue hardship on the basis of health and safety grounds is established, constitutes a violation of this code, and may subject the employer to penalties via a human rights claim through the Human Rights Tribunal of Ontario. [10]
   
9. As the terms of my employment contract did not require a condition to vaccinate against SARS-CoV-2, this condition as a requirement for continued employment is in violation of that contract, and any termination constitutes dismissal without cause, entitling me to severance pay in accordance with the Employment Standards Act of Ontario. [11]
   
   Signed,
   
   Name: ____________________________
   
   Signature: ____________________________
   
   Date: ____________________________

1. Regulated Health Professions Act of Ontario
2. Healthcare Consent Act of Ontario
3. Consent: A guide for Canadian physicians
4. College of Physicians and Surgeons – Consent to treatment
5. Canadian Criminal Code – Offences against the Person
6. Termination of employment
7. Workplace Safety and Insurance Board – FAQs about claims and COVID-19
8. Government of Canada – Drug and vaccine authorizations for COVID-19
9. Press Release – Pfizer and BioNTech Conclude Phase 3 Study of COVID-19 Vaccine Candidate
10. Ontario Human Rights Commission – Duty to accommodate
11. Guide to the Employment Standards Act – Severance pay

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(You can get the t-shirt from the post’s thumbnail here.)