Criminal Code of Canada violations:
Informed Consent, Assault and Torture
Criminal Code of Canada violations:
Section 265 (1)(3) – Assault, A person commits an assault when there is no consent
When preparing your grievance, in Section B of the Grievance form, you can write the following.
See also Private Comments (for registered users)
The actions of my employer violated INFORMED CONSENT CASE LAW.
It is illegal to force me to perform a medical procedure such as injecting myself with COVID vaccine without providing updated information on the efficacy and safety of these vaccines. [(optional - if it applies to you) Multiple requests to obtain such information were made to both director and director general and none of such information was provided to me.]
References:
Where there is a threat of harm or reprisal or pressure from an authority there is no consent and therefore the act is assault.
Parmley vs Parmley, 1945
Page 196
Informed consent medical.
Summary: Consent must be made freely and information about the risks must be given.
https://www.canlii.org/en/ca/scc/doc/1945/1945canlii13/1945canlii13.html
Hopp vs Lepp, 1980
Page 196
Informed consent medical.
Summary: Consent must be made freely and information about the risks must be given.
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2553/index.do
R vs Ewanchuk, 1999
If no consent, then assault.
Summary: Where there is a threat of harm or reprisal or pressure from an authority there is no consent and therefore the act is assault. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1684/index.do
An apparent consent is invalid if it has been obtained by fraud, duress, undue influence, or from someone who is legally incapable of consenting.” Cook v.Lewis, [1951] S.C.R. 830.
Consent secured by force or threat of force is not acceptable. Lebrun v. High-Low Foods Ltd. (1968), 69 D.L.R. (2d) 433; Norberg v. Wynrib, supra, n. 2.
The validity of a consent depends on the “power relationship between the parties”. A two step process is involved in determining whether or not there has been legally effective consent.” If there is proof of a “power dependency” relationship, that is a “marked inequality in the respective power of the parties” and proof of “exploitation” of the weaker by the stronger, the consent is not genuine.” Supra, n. 2, relying on the contact idea of ‘unconscionability’ and the criminal law idea of ‘authority’
Case law, Roncarelli v Duplessis, [1959] SCR 121:
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2751/index.do
In January 1959, the Supreme Court of Canada ruled that a public officer can be held personally liable when acting in their official capacity and in excess of their lawful authority:
“... every official, from the Prime Minister down to a constable or a collector of taxes, is under the saine [sic] responsibility for every act done without legal justification as any other citizen. The Reports abound with cases in which officials have been brought before the courts, and made, in their personal capacity, liable to punishment, or to the payment of damages, for acts done in their official character but in excess of their lawful authority. A colonial governor, a secretary of state, a military officer, and all subordinates, though carrying out the commands of their official superiors, are as responsible for any act which the law does not authorize as is any private and unofficial person.”
Assault causing torture
Criminal Code of Canada violations:
Section 265 (1)(3) – Assault, A person commits an assault when there is no consent
https://laws-lois.justice.gc.ca/eng/acts/c-46/FullText.html
Search "torture"
https://laws-lois.justice.gc.ca/eng/acts/C-46/page-35.html?txthl=assault#s-265
265 (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Marginal note:
Application
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Marginal note:
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.
Marginal note:
Accused’s belief as to consent
Torture
269.1 (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Marginal note:
Definitions
(2) For the purposes of this section,official means
(a) a peace officer,
(b) a public officer,
(c) a member of the Canadian Forces, or
(d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),
whether the person exercises powers in Canada or outside Canada; (fonctionnaire)
torture means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person
(a) for a purpose including
(i) obtaining from the person or from a third person information or a statement,
(ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and
(iii) intimidating or coercing the person or a third person, or
(b) for any reason based on discrimination of any kind,
but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions. (torture)
Marginal note:
No defence
(3) It is no defence to a charge under this section that the accused was ordered by a superior or a public authority to perform the act or omission that forms the subject-matter of the charge or that the act or omission is alleged to have been justified by exceptional circumstances, including a state of war, a threat of war, internal political instability or any other public emergency.
How to use them
https://docs.google.com/document/d/172NZ1wZJ_0T6OD1VlYPqRSlanZrMQ_M8/
Public Incitement of Hatred
Section 319(1) - Public Incitement of Hatred, by asking for a vaccine status in public
https://laws-lois.justice.gc.ca/eng/acts/c-46/FullText.html (Search "Torture")