Letter to Canadian College about H1N1 Refusal

October 9, 2009

Hi there

I am writing about the Medical Program at School Name in Town. I have what I feel is an important question regarding my personal health and safety and as such I wish to remain anonymous for the time being. I hope that request does not interfere with the addressing of my concerns.

I have been informed that students are required to produce immunization records that are up to date as well as required to take the seasonal flu vaccine as well as the H1N1 vaccine, and students who do not comply with this will not be able to continue their studies. My concern is that I will not vaccinate myself and I will not exit the school willingly.

I have done some preliminary research into this and I am at a point where I feel it is time to contact the school directly with my concern. What I am looking for with this letter is:

i.) Guidance
a.) If I have reached the wrong person/department for this matter, please direct me to the correct person/department.

ii.) Solution(s)
a.) If I have reached the right person/department then I can, and will, provide my current immunization records, but if those records are not up to date I will not update them any further, and I respectfully request the legal document that dictates I must do so.
b.) If I have reached the right person/department and the above requested legal document is available then there is another document, which I do not know it’s official name, that I would also respectfully request be sent to me. For lack of a proper term I am referring to this document as the Statement of Conscious or Religious Belief Affidavit, as it compares to the Immunization of School Pupils Act, 1990.

Research and Documentation that stands behind my point of view include the following:
a.) The Public Health Agency of Canada
b.) The Canadian Constitution.
c.) The Canadian Charter of Rights and Freedoms.
d.) The Health Care Consent Act.
e.) The Quarantine Act.

The Public Health Agency of Canada states in their Canadian National Report on Immunization, 1996, the following:

“Immunization is not mandatory in Canada; it cannot be made mandatory because of the Canadian Constitution. Only three provinces have legislation or regulations under their health-protection acts to require proof of immunization for school entrance.”

“It must be emphasized that, in these three provinces, exceptions are permitted for medical or religious grounds and reasons of conscience; legislation and regulations must not be interpreted to imply compulsory immunization.”

So with that in mind I acquired a copy of the Constitution Act of 1982. It guarantees, in Part 1, the following:

Guarantee of Rights and Freedoms
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

It clearly states that every Canadian is guaranteed the freedom and right to peaceably think and do as they wish. The Constitution also states the following, with regard to the infringement or refusal of freedoms, and rights:

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been in- fringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

Recently certain media outlets have reported on the Health Care Consent Act, 1996, specifically making reference to the Emergency Treatment without Consent: capable and incapable persons. This act states:

Emergency treatment without consent: incapable person
(2) Despite section 10, a treatment may be administered without consent to a person who is incapable with respect to the
(a) there is an emergency; and
(b) the delay required to obtain a consent or refusal on the person’s behalf will prolong the suffering that the person is apparently experiencing or will put the person at risk of sustaining serious bodily harm. 1996, c. 2, Sched. A, s. 25 (2).

Emergency treatment without consent: capable person
(3) Despite section 10, a treatment may be administered without consent to a person who is apparently capable with respect to the treatment, if, in the opinion of the health practitioner proposing the treatment,
(a) there is an emergency;
(b) the communication required in order for the person to give or refuse consent to the treatment cannot take place because of a language barrier or because the person has a disability that prevents the communication from taking place;
(c) steps that are reasonable in the circumstances have been taken to find a practical means of enabling the communication to take place, but no such means has been found;
(d) the delay required to find a practical means of enabling the communication to take place will prolong the suffering that the person is apparently experiencing or will put the person at risk of sustaining serious bodily harm; and
(e) there is no reason to believe that the person does not want the treatment. 1996, c. 2, Sched. A, s. 25 (3).

This act does not provide a circumstance whereby School Name can, within the scope of the Canadian Constitution, the Canadian Charter of Rights and Freedoms, the Health Care Consent Act, justify the forcible immunization of a Conscious, Capable person who is not suffering, is not at risk of sustaining bodily harm, does not want the treatment and can clearly communicate with the faculty and health care personnel.

The Quarantine Act of Canada, 2005, dictates that the Minister of Health must make several designations (medical practitioners, quarantine operators, quarantine locations etc) before a conveyance or traveller can be detained and/or treated. The interpretation of the terminology within the act clearly define conveyance and traveler to mean entry/exit across Canadian borders. The reason I mention this act is even this act does not give the unjust powers of forced inoculation.

I now come back to my original purpose: I am looking for direction to the correct person/department to properly handle my concerns OR a legal document that dictates that I must vaccinate myself or be barred access to the school, along with a secondary document that I can submit as my conscious and legal exemption from the vaccination(s) and maintain my good standing student status.

Thank you for reading and taking the time to address my concerns.
Anonymous Student.

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