Denying essential services such as food is discriminatory and violates CanadianĀ lawĀ and internationalĀ agreements, the Justice Centre for Constitutional Freedoms said.
CALGARY, AlbertaĀ (LifeSiteNews) ā The Justice Centre for Constitutional Freedoms demanded that a farmerās market in New Brunswick reverse the vaccine passport requirement it implemented after the province announced grocery stores can discriminate against the unvaccinated earlier this month.
āTheĀ Justice CentreĀ has sent the City of Fredericton aĀ demand letterĀ in relation to its vaccinated-only policy at the Fredericton Boyce Farmers Market,ā the groupĀ statedĀ in aĀ press releaseĀ yesterday.Ā āThe New BrunswickĀ government owns the landmark farmerās market, and leases it to the City of Fredericton at aĀ nominal rate. The Canadian Charter of Rights and Freedoms applies because this is not private property, but property owned and managed by government.ā
According to theĀ marketāsĀ website, as of December 11, āproof of double vaccination (or medical exemption) will be required to shop indoors for all visitors 12 and over.ā TheĀ marketāsĀ shocking announcement followed just days after theĀ December 4Ā āwinter planā orderĀ from theĀ province of New BrunswickĀ was unveiled. The orderĀ informedĀ grocery storesĀ that they mustĀ eitherĀ enforce rigorousĀ āsocial distancingā practicesĀ or demand all patrons be fully vaccinated against the virus.
In the JCCFās demand letter, theyĀ statedĀ that the allowance of essential service providers such as grocery storesĀ to discriminate against aĀ segmentĀ of the populationĀ is bothĀ aĀ violation of CanadianĀ lawĀ and internationalĀ agreements.
āOnĀ December 7,Ā 2021Ā the Justice Centre sent aĀ demand letterĀ to the Minister of Justice of New Brunswick warning that the governmentās new public health order of December 4, allowing private businesses to deny services to vaccine-free Canadians, was unconstitutional,āĀ the JCCFāsĀ newest releaseĀ states.
āThe Order implicitly invites grocery stores to decide for themselves whether to require vaccination of customers as a condition for entry. The Justice Centre warning letter noted that the right to food is a fundamental human right enshrined in various international instruments including Article 25 ofĀ The Universal Declaration of Human RightsĀ and Article 11 of theĀ International Covenant on Economic Social and Cultural RightsĀ amongst other human rights instruments.ā
New Brunswickās measures are the most restrictive in the country, with every other province only imposing vaccine requirementĀ restrictionsĀ on ānon-essentialā services such as bars, restaurants, and event venues, among other places.
āOur positionĀ remainsĀ the same in relation to any government denying or inviting private businesses to deny Canadians who have not taken the Covid vaccine to an essential service such as the purchase of food. Any such act is an unconscionable violation of theĀ CharterĀ and has no scientific or legal justification,ā stated AndreĀ Memauri, staff lawyer at the Justice Centre.
āVaccine-free citizens have a right to purchase food, including at markets and grocery stores, and the denial of such essential service is a reprehensible and unlawful act of cruelty and discrimination,ā the lawyerĀ continued.
Despite outcry from private citizens and lawyers alike, it tookĀ 10Ā daysĀ beforeĀ even oneĀ New BrunswickĀ Member ofĀ ParliamentĀ (MP)Ā decidedĀ toĀ stateĀ opposition toĀ theĀ heavy-handed measures.
On December 14,Ā MPsĀ John Williamson, RobĀ MooreĀ and Richard BragdonĀ came out inĀ defenseĀ of unvaccinated citizens by publicly thanking Sobeys, one of the largest grocery retailers in the province, for informing New Brunswickers that the company will not enforce the vaccine passport system at its stores.
āGlad to see that Sobeys and other retailers who provide essential services like groceries are choosing to not enforce this coercive measure,ā Bragdon chimed in. āChoosing to deny individuals the ability to obtain essential services is the last thing we should be doing ā¦ The way through our current challenges is not continued division but through coming together with goodwill to support our neighbours.ā
JCCF lawyers are not the only legal experts warning provincial governments that their so-called pandemic measures constitute a violation of each Canadianās protected liberties.
According to constitutional rights lawyer Rocco Galati, vaccine passport systems imposed by government are inĀ violationĀ of Section 2, Section 7, and Section 15 of the Charter.
Notably, Section 15 of the Charter states, āEvery individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination.ā
āThis is not a medical or health agenda, this is a political one. They want everybody vaccinated for whatever reason. Up until now, there has never been a problem with people exercising their choice,ā GalatiĀ statedĀ inĀ anĀ AugustĀ press conference.
āThis is depraved, this is illegal, this is criminal, this is unconstitutional.ā
Source: Constitutional law group demands New Brunswick farmer’s market end vaccine passport – LifeSite
