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Disobeying an unlawful/unethical order - Mandatory Vaccinations

Eye In The Sky

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NDA Sect 126 should help some people make the decision.

Refusing immunization, tests, blood examination or treatment

126 Every person who, on receiving an order to submit to inoculation, re-inoculation, vaccination, re-vaccination, other immunization procedures, immunity tests, blood examination or treatment against any infectious disease, wilfully and without reasonable excuse disobeys that order is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
 

Jarnhamar

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Community orders can force someone to get injections/medication or lose their freedom (jail/committed) if I'm not mistaken.

Maybe people who refuse the vaccine will get hit with some kind of community order in the future.

At the very least someone who isn't vaccinated without medical support will have a very hard time doing anything outside of their house.


We're seeing issues with businesses not accepting CAF member's vaccine books as proof of vaccination since its federal and not the provincial certification. The CAF told members not to worry, our needle books would be good enough. Guess the CAF forgot to tell everyone else.
 

daftandbarmy

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NDA Sect 126 should help some people make the decision.

Refusing immunization, tests, blood examination or treatment

126 Every person who, on receiving an order to submit to inoculation, re-inoculation, vaccination, re-vaccination, other immunization procedures, immunity tests, blood examination or treatment against any infectious disease, wilfully and without reasonable excuse disobeys that order is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

Walkie Talkie Copy GIF by Apex Communications Network
 

brihard

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NDA Sect 126 should help some people make the decision.

Refusing immunization, tests, blood examination or treatment

126 Every person who, on receiving an order to submit to inoculation, re-inoculation, vaccination, re-vaccination, other immunization procedures, immunity tests, blood examination or treatment against any infectious disease, wilfully and without reasonable excuse disobeys that order is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Have any CAF members actually been ordered by their chains of command to get vaccinated, or have they simply been ordered to attest to their status regarding the voluntary decision to get vaccinated? Everything I’ve seen so far suggests that across the entire federal landscape this will be an administrative matter, not a disciplinary one.
 
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SeaKingTacco

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Have any CAF members actually been ordered by their chains of command to get vaccinated, or have they simply been ordered to attest to their status regarding the voluntary decision to get vaccinated? Everything I’ve seen so far suggests that across the entire federal landscape this will be an administrative matter, not a disciplinary one.
So far, nothing other than a warning order, at least at my unit.
 

brihard

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So far, nothing other than a warning order, at least at my unit.
What's it warning of? An impending order to get vaccinated, or simply the attestation system? The only was S.126 applies would be if the chain of command orders members specifically to get vaccinated. I suspect that CAF is very specifically avoiding invocation of S.126.
 

SeaKingTacco

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What's it warning of? An impending order to get vaccinated, or simply the attestation system? The only was S.126 applies would be if the chain of command orders members specifically to get vaccinated. I suspect that CAF is very specifically avoiding invocation of S.126.
Oh, sorry- an attestation in MM.
 

OldSolduer

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This may have been posted already but here goes:


Basically Kipling was found not guilty but it was appealed and he could have been prosecuted again. The CAF dropped the charges.

It hinges, IMO (I am not a lawyer FYI ) on whether the vaccine is safe. CAF members could be ordered to take the vaxx if it is found safe.

My apologies if this has been posted.
 

brihard

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This may have been posted already but here goes:


Basically Kipling was found not guilty but it was appealed and he could have been prosecuted again. The CAF dropped the charges.

It hinges, IMO (I am not a lawyer FYI ) on whether the vaccine is safe. CAF members could be ordered to take the vaxx if it is found safe.

My apologies if this has been posted.

Yeah, CAF didn't want to push the issue and see it through. There's no particularly useful precedent out of that one.
 

Navy_Pete

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Have any CAF members actually been ordered by their chains of command to get vaccinated, or have they simply been ordered to attest to their status regarding the voluntary decision to get vaccinated? Everything I’ve seen so far suggests that across the entire federal landscape this will be an administrative matter, not a disciplinary one.
We were told to standby and wait for direction, but the attestation is just a tracking issue because of the PRO B (medical) nature of the med docs. So the order will probably be to get a vaccine, with the local tracking done via attestations to get it done quickly, and probably some kind of follow up from the medical folks in slow time for people that aren't vaccinated in their docs.

So lying on that would probably be an additional charge, if they do come down with a vaccination order. Either way, sounds like a quick route to an AR and release. Alternately, folks can choose not to get vaccinated and then go the same release route for not meeting H&S related conditions of employment.

It's a pretty reasonable order though; people are focusing a lot on the death rate and ignoring the long term affects. I got sick in May 2020, and while I never was hospitalized or anything, still having some lingering issues that would make me non-deployable (and probably couldn't pass the FORCE test right now). That's at about 25% of COVID cases have something like that, so even if we were at 100% remar, that could wipe out entire units worth of troops, and severely impact operations. Given that the vaccines have all passed all kinds of studies and they have pretty good OQE on it's safety, it's pretty easy to make the argument that being vaccinated is critical to the CAF to be able to remain effective. Don't know anyone who is being vocal about not getting vaccinated, and from talking to friends, have only heard of one person raising it as an issue, which probably roughly covers hundreds of people when you look at 2nd and 3rd degrees of separation, so think the numbers lost to anti-vaxxers is much lower than potential losses from people rendered non-employable from COVID.
 

Happy Guy

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I was wondering and I'm not a lawyer. If you were unvaccinated because you refused to do so, you were an asymptomatic carrier (like Typhoid Mary) and you inflected someone and who died because of you, can you be charged under civil law?
 

hattrick72

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I was wondering and I'm not a lawyer. If you were unvaccinated because you refused to do so, you were an asymptomatic carrier (like Typhoid Mary) and you inflected someone and who died because of you, can you be charged under civil law?
Really hard to prove without any doubt that carrier A have it to them and not carrier (B-Z) that could've had it and were never tested.

Right now, if you are vaccinated and don't show symptoms, you don't get tested. If the vaccine works, there will be a lot of carriers without symptoms. Too hard to prove in my opinion.
 

brihard

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I was wondering and I'm not a lawyer. If you were unvaccinated because you refused to do so, you were an asymptomatic carrier (like Typhoid Mary) and you inflected someone and who died because of you, can you be charged under civil law?
Charged with an offense? No. There would be no intent if you don’t know you’re infected. If, conceivably, you DID know and sought to deliberately infect others, then yes, definitely. There’s precedent for that with HIV.
 

hattrick72

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Yeah, no. That is not assault. No nurse is putting a needle in your arm without you allowing it. If you don’t like that continued military service means being innoculated against a bunch of stuff, and that one more thing has been added to that list, you are free to make that choice not to get the vaccine. If you decide that, in the balance, getting the vaccine is worth your job security, then it’s not assault when you receive it. You’ll find “assault” defined in section 265 of the Criminal Code if you’re continuing to struggle with this.
Would it be assault if the choice is: get the vaccine or live the next 1-x years in camp? The x being the length of time we are in a public health emergency.
 

brihard

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Would it be assault if the choice is: get the vaccine or live the next 1-x years in camp? The x being the length of time we are in a public health emergency.
No, that might be other stuff.

Edited from my original reply- sorry, thought I was answering someone else.
 

hattrick72

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No, that might be other stuff.

Edited from my original reply- sorry, thought I was answering someone else.
No worries, I didn't see the other post.

What would the other stuff be?

I know the US wants 98% inoculation, if we wanted the same and could only reach 95% or 97% I think we either go into brutal lockdowns as a whole, or they track or lock the remaining 1+million people.
 

brihard

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No worries, I didn't see the other post.

What would the other stuff be?

I know the US wants 98% inoculation, if we wanted the same and could only reach 95% or 97% I think we either go into brutal lockdowns as a whole, or they track or lock the remaining 1+million people.
Not a chance. The population wouldn’t stand for it, and who do you imagine enforcing that? The lockdowns and assorted measures are justified by and only remain justified by ongoing threats to the capacity of the healthcare system. The fourth wave is waning, and there’s likely too little vulnerable population for it to surge again unless it mutates to genuinely defeat vaccines. Coming out of this one, with vaccine rates where they are, we should be good.
 

Blackadder1916

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Would it be assault if the choice is: get the vaccine or live the next 1-x years in camp? The x being the length of time we are in a public health emergency.

What do you mean by " live in camp"? Since there is little political upside (and a lot of downside) to establishing camps in which to "concentrate" the unvaccinated population, I'm assuming that you are making reference to a possibility of military members being restricted to living in military facilities until the pandemic is over. That's not how the world, or the military, works. Most military pers do not "live in camp"; they live in their own homes, or rented accommodation with their spouses, significant others, children, pets and toys. The likely choice is get the vaccination or be released. The path to release may include a charge under the CSD (unlikely), a period of LWOP or ED&T and the processing of release procedures for those individuals whose refusal to meet a bona fide requirement for continued service seriously impairs their usefulness to or imposes an excessive administrative burden on the Canadian Forces (i.e. 5F release).
 
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