Please note that the deadline to apply was 1 March 2022.
How does the CDS Directive allegedly breach the Canadian Human Rights Act (CHRA)?
1. What is the specific ground of discrimination that was allegedly breached?
• It is my belief that the Directive of the Acting CDS engages multiple grounds of discrimination under the CHRA Sections 3, 5, 6, 8, 9, 10, 11(2) and 11(6).
• The CHRA does not allow CAF to discriminate against me because I have not given my consent to medical treatment (s 3(3))
• This now leads us to the right of refusal, coercion and my right to not be discriminated against foremployment based on medical choices. All these are covered under the CHRA (ss 7 and 10)
How does the CDS Directive allegedly discriminate against you?
• Following the Directive puts me into a sub-class of serving personnel in CAF specifically targeted by the Chain of Command for retribution and severe punishment if I fail to comply with a medical treatment which is still considered in medical settings as experimental in nature and has not been subject to full testing for side effects or long term consequences. This is supported by the demand for members to sign a waiver for the COVID 19 injection which has never been required for any other vaccination. This is very similar to the experiences of LBGTQ members only a few short decades ago.
• Furthermore, members such as myself are more than willing to be accommodated, but that this option has been removed by the Government of Canada for federal employees. Yet another failure by CAF to meet the CHRA requiring accommodations for clearly defined beliefs.
I’ve never been in any legal situation, how does a lawsuit work?
And during this whole thing… the parties can settle or one party can withdraw their claim.
What does the "open court" principle refer to?
The open court principle requires that court proceedings presumptively be open and accessible to the public and to the media. The virtues of openness were discussed by the Supreme Court of Canada in A.G. Nova Scotia v. MacIntyre which quoted eighteenth-century philosopher Jeremy Bentham:
In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial.
As noted by the Supreme Court of Canada in Vancouver Sun (Re), the open court principle enhances the public's confidence in the justice system: Public access to the courts guarantees the integrity of judicial processes by demonstrating "that justice is administered in a non-arbitrary manner, according to the rule of law".
Openness is necessary to maintain the independence and impartiality of courts. It is integral to public confidence in the justice system and the public's understanding of the administration of justice. Moreover, openness is a principal component of the legitimacy of the judicial process and why the parties and the public at large abide by the decisions of courts.
The open court principle is linked to the freedom of expression and freedom of the press which include the right of the public to receive information. The press plays a vital role as the conduit through which the public receives information regarding the operation of public institutions.
How and when did this lawsuit come about?
OP Valour started when troops started to reach out to Catherine Christensen of Valour Law in late October of 2021. After some info gathering and research Catherine reached out to those people and the lawsuit has been growing from there.
Who is leading this effort?
Valour Legal Action Centre is a nonprofit organization run by Catherine Christensen, Barrister & Solicitor of Valour Law. Her team is made up of regular and non-regular volunteers and aims to democratize the law by arming our members with the right to choose the legal battles our military and constitutional team wage against suppression.
How many Class Action suits has Catherine had in her experience, and what were the results?
I have successfully pursued legal cases against CAF before (many settled before trial) but not as a class action. I have, however, recruited mentors who are experienced lawyers who advise me on the process and steps as well as brainstorm the legal questions and evidence needed. I also have years of litigation experience on my feet in a court room, including the Court of Appeal.
What is this lawsuit hoping to achieve?
Get a finding from the Federal Court that the Directive overstepped many lines to not only breach the Charter of Rights and Freedoms under 2(a), 2(b), 7, 8 and 15 but are abusing their power at the CoC. This would then lead to tossing the mandate and seeking compensation for the damages caused by the breaches and the abuse of power.
What are the eligibility requirements for joining?
We invite you to join this lawsuit if you are a CAF member (or DND contractor working directly in a CAF context on base, etc.) and:
- Have (under duress) or have not received any doses of the COVID19 vaccination
- Have or have not requested any form of accommodation (exemption)
- Have personally experienced or witnessed (unreported) vaccine injuries on the part of your colleague(s)
- Are in jeopardy of losing one’s job or are philosophically against anyone losing their job because of the CDS Directive on the COVID19 vaccine mandate
Can I file a grievance while signed up to this lawsuit?
Absolutely; it’s important to use the system that’s there. When/if it is denied CAF members always have the right to sue in civilian court. Please see this link for more on help with grievances.
Can I take part in this lawsuit if I am already signed onto another lawsuit of a similar nature simultaneously?
Consult with the lawyer you already have to ask this question.
Is there a deadline for joining this lawsuit?
Yes. The deadline to apply was 1 March 2022.
Will I get punished if I take part in this (or any other) lawsuit?
CAF members are entitled to exercise their legal rights; there is a QR&O that mentions that one should advise chain of command to disclose this information. (FYI a class action lawsuit can take 4 - 6 years to finalize.) Something to keep in mind is that if you also decide to grieve the same situation you can’t participate in double recovery; you benefit either from the result of the grievance process (FYI often takes 2 - 4 years to finalize) or the lawsuit.
Should I tell my chain of command about my participation in this lawsuit?
At the moment it’s a bit soon to divulge this information but you can mention that you have retained a lawyer for legal advice if you would like to or if it comes up in conversation. What is shared between a lawyer and client is confidential so don’t share any of the details.
What if $1000 is too much for me to pay at the moment to be part of this lawsuit?
This lawsuit is being run out of Valour Legal Action Centre, a non-profit which funds class action lawsuits like this one through crowdfunding and donations so that nobody gets left behind. If you are unable to afford the donation, all we ask is that you pay what you can, when you can and then spread the word to have more people join or even just donate to the cause. You can offer your time and volunteer with the many tasks we will have throughout this endeavor.
What are the steps involved in filing the full Claim with all of the Plaintiffs?
The steps are outlined here: https://www.fct-cf.gc.ca/en/pages/representing-yourself/practice-guides/how-to-file-an-action
To get the Class Action Certified, what are the steps?
If we lose the Class Action Certification Application, could we liable for paying the other sides legal fees?
If so where does that money come from? In any litigation, there is a risk of costs being awarded to the other side. It is very rare for these to be the actual cost of legal fees to the other side. The purpose of fundraising for the Valour Legal Action Centre is cover costs such as these when they arise. And if we are Certified but lose in the trial, are we also liable to pay the legal fees for the other side? If so, where does that money come from? Same answer as above. If the all of the funds raised do not cover the costs awarded at trial, then this is shared equally among all of the members of the class action. Given the numbers, this is unlikely to be a large sum to each person.I would like to be able to tell you the maximum amount you would pay but that is impossible to predict at this stage. What I can tell you is that using the non-profit to crowdfund the lawsuit plus using low cost legal services means that there is a growing amount of funds that would be applied to any Costs award first before anyone would pay anything. (The Crown is not going for damages so the only expense in a loss would be for Costs which are awarded by the Court. This is determined by a Bill of Costs which are reviewable.) This is a very “lawyer” answer but the best I can offer at this time.
Is there a way of me joining and my name remaining confidential / anonymous?
Sometimes the Court will allow you to be anonymous. However, CAF will have the right to know who is suing them and the DOJ lawyers will have to be informed. This is to provide a fair chance at a defence.
Am I ok to speak publicly about this lawsuit (and my involvement in it)?
Yes! Please forward the info on this lawsuit along to anyone you think it might be relevant for.
Can I talk to the media about my situation and/or my involvement in this lawsuit?
As a CAF member you have signed to terms that prohibit you from legally speaking to the media about your relationship with CAF. As a lawyer, outside the CoC, Catherine can be your voice to the media.
Is it appropriate or possible in the CAF environment to serve my chain of command with a notice of liability?
Notice of Liability cannot be issued by a citizen. This is issued by a government agency or court. Do not fall for schemes out there saying you can do all kinds of things under “maritime law” or issue Writs etc. These groups are not recognized by our Court and being associated with them will only cause you grief you don’t need.
Is there a way to sign a document I don’t want to sign (if it seems I have no other choice) without committing to it legally?
Include VC (Latin for vi coactus / by force) before signature and then UCC1-308 (legally signifies that you signed under duress AND that your signature pertains only to that specific document and to be used to bind a secret or unknown agreement). You can also let the officer present put “member refused to sign” on it. Note: even without any of this, when it can shown you did it under duress, your signature is worthless to enforce anything.
Am I allowed to record my conversations I have with my chain of command?
Yes. As long as you’re not in a secure environment in which you’re not allowed to have any recording devices on your person you. In Canada, one is allowed to record a conversation between two parties as long as one (can be you!) is aware of the recording.
Is there a way to share the articles and research I have that might help the lawsuit?
Yes. Please send an email to email@example.com to explain you have.
Can I volunteer to help on this lawsuit?
Yes! Please send an email to firstname.lastname@example.org so that we can see how best we can utilize your skillset toward this effort.
How can I get a sense of how participating in this lawsuit could help me?
If you are interested in learning more from a recent information meeting see a video of one of our information sessions (in 4 parts) provided by Catherine Christensen, Barrister & Solicitor, Valour Law for reference to many questions related to this Directive: https://rumble.com/user/ValourLegalActionCentre
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