The Crown is seeking the dismissal of a class-action lawsuit by Canadian Armed Forces (CAF) members who claim they were harmed by COVID-19 vaccine mandates. Government lawyer Barry Benkendorf argues that the claims are insufficient and that there are alternative remedies available for the plaintiffs. The lawsuit, filed in June 2023 by about 330 active or former CAF members, seeks $500 million in damages. The members allege that the military rushed an untested vaccine onto them, provided false information about its safety and efficacy, and gave them no option but to leave the service. The lawsuit also claims that the CAF vaccine directives violated various rights under the Canadian Charter of Rights and Freedoms.
The Canadian Armed Forces implemented a COVID-19 vaccine mandate in the fall of 2021, leading to the voluntary release or expulsion of hundreds of members who did not comply. The Crown argues that the lawsuit is frivolous and vexatious, with no legal basis and unproven claims related to conspiracy theories. Benkendorf also questions the relevance of the numerous affidavits submitted by the plaintiffs.
The plaintiffs’ lawyer, Catherine Christensen, maintains that the case is not about COVID-19 policies but about the CAF’s illegal actions and abuse of authority under the Charter. She argues that the military’s grievance process does not offer adequate redress, as the chief of defence staff cannot grant monetary damages. Christensen asserts that administrative review is not a substitute for legal processes and that the issue of unconstitutionality should be decided at trial. Please rewrite this sentence.
Source link
