adplus-dvertising
Connect with us

Health

Defence chief was warned about legality of military’s COVID-19 vaccine mandate: memo

Published

 on

OTTAWA — The commander of the Canadian Armed Forces was warned by his senior legal and medical advisers last year that requiring all troops to be vaccinated against COVID-19 was unnecessary ⁠ — and that doing so “may not constitute a legal order.”

The message was delivered to chief of the defence staff Gen. Wayne Eyre in an August 2021 briefing note, two months before then-defence minister Harjit Sajjan directed him to impose a vaccine requirement for all troops.

In two separate interviews with The Canadian Press, the defence chief described the briefing note as one of several legal opinions received before handing down his order in October 2021.

“We get lots of legal opinions out there, but we can’t allow one legal opinion from stopping us from doing the right thing,” Eyre said. “And here, the right thing is ensuring our operational readiness so that we can protect Canada and Canadian interests around the world.”

However, Catherine Christensen, the Edmonton lawyer who obtained the briefing note through the Access to Information Act, argued the document shows Eyre’s order was driven by politics.

The Aug. 27, 2021, briefing note was presented to Eyre by Maj.-Gen. Trevor Cadieu, who was one of the defence chief’s strategic advisers at the time. It was prepared “in close collaboration” with senior medical, legal, political and public affairs officers and it incorporates legal analysis from the Department of Justice.

Citing concerns about a fourth wave of COVID-19 driven by the Delta variant, the advisers noted the benefits of vaccination in preventing the spread of disease, adding vaccine mandates “may be effective in increasing coverage rates.”

They also described the purpose of a broader federal vaccine mandate would be “not only to protect public health, but also for the federal government to demonstrate leadership and assist in economic recovery.”

On Aug. 13, 2021, the Liberal government had announced a vaccine mandate for federal public servants, as well as workers and travellers in federally regulated transportation sectors.

The memo suggested a universal mandate was unnecessary to protect the health of the Canadian Armed Forces, given that more than 90 per cent of Armed Forces personnel were already vaccinated at that time.

The early analysis noted “the level of legal risk” for a mandatory COVID-19 vaccine policy would depend on the final details, as well as “the strength of the public health rationale and how the policy will be implemented.”

It said that would include any accommodations and mitigation measures for those either unable or, notably, unwilling to be vaccinated, which it recommend to help defend against Charter challenges.

The advisers also warned that Armed Forces members could try to push back against the vaccine mandate on safety grounds. At that time, Health Canada had authorized COVID-19 inoculations under a special interim order due to the emergency nature of the pandemic.

“Prior to full approval of the vaccines under Canada’s Food and Drug Regulations, CAF members ordered to receive COVID-19 vaccination might argue that they are being ordered to accept a new and potentially dangerous medical substance into their body,” the note said.

The interim order, which expired in September 2021, allowed the government to authorize vaccines faster than normal where the benefits were deemed to outweigh the risks.

In their note, Eyre’s advisers cited the case of former Sgt. Mike Kipling, who was charged in 1998 under Section 126 of the National Defence Act, which allows the military to charge members who “wilfully and without reasonable excuse” refuse an order to get a vaccine.

Kipling had been ordered to take an anthrax vaccine while serving in Kuwait, but refused because he considered the drug unsafe. The vaccine was unlicensed for use in Canada. A military judged eventually ruled in favour of Kipling, agreeing his Charter rights were infringed. The Forces appealed and a new court martial was ordered, but the military decided to drop the proceedings.

Eyre was told military personnel who refused a vaccination order could be similarly charged under military law, but “there is a significant risk in ordering CAF members to accept COVID-19 vaccination, as it may not constitute a legal order.”

The memo also said a mandate for the Armed Forces “would not only be punitive in nature, but would also be counter to the successful efforts made to date to encourage maximum voluntary uptake of the COVID-19 vaccine.” The advisers suggested the military share its voluntary approach with other federal departments as a “best practice.”

The advisers concluded by expressing support for the federal government’s intent to bring in a proof-of-vaccination policy, but again cautioned that the rollout would need “prudent planning” that kept in mind the challenges they described.

Eyre first ordered all Armed Forces members to attest they had been fully vaccinated against COVID-19 on Oct. 6, 2021.

Rather than charging those who refused to comply, the military forced about 300 non-compliant Armed Forces members out of uniform using an administrative process called a 5F release that declares them unfit for service.

About 100 troops have left voluntarily. Hundreds more had permanent censures put on their files. Outside the military, most federal employees were allowed to go on leave without pay and returned to their positions after the mandate was suspended in June.

The Armed Forces’ vaccination policy does allow exemptions for medical reasons, religious beliefs or any other grounds of discrimination under the Canadian Human Rights Act, to be determined on a case-by-case basis. In late April, a parliamentary committee heard that more than 1,300 members had requested exemptions, but nearly 1,000 had been denied.

Retired lieutenant-colonel Rory Fowler, who is now a lawyer specializing in military cases, said the decision to use 5F releases instead of charging unvaccinated troops means the Armed Forces doesn’t have to defend the legality of the order in court.

And while troops can file a grievance, it currently takes about three years for a case to be heard — with the defence chief serving as the final authority.

Christensen, who is representing a number of those unvaccinated troops who lost their jobs, said she believes the briefing note explains why the military is using 5F releases instead of charging those who refuse to comply with Eyre’s order.

“They didn’t want their mandate or their order for everyone to be vaccinated to be challenged in court,” said Christensen. She said Eyre had the power “to order everyone to be vaccinated. Full stop. Then if they did not want to be vaccinated, they had to come up with a reasonable excuse at court martial. … (Eyre) didn’t do that.”

Fowler has previously raised concerns about the military trying to punish soldiers without involving the courts in other situations, and believes there are legitimate questions about the legality of the vaccine order.

“What I believe is it should be tested,” he said.

Eyre and his office have not said exactly why that decision was made. His office said in a statement that “administrative measures and the administrative review process was considered the most appropriate approach.”

Asked if the decision to avoid the courts was the result of concerns about the legality of his order, Eyre said: “Not at all. We had numerous legal opinions.”

The defence chief also said that while Sajjan directed him to include the Armed Forces in the broader federal government’s mandate, “I was in agreement at that time, I issued the order. … Make no mistake, it’s my order.”

This report by The Canadian Press was first published Oct. 24, 2022.

 

Lee Berthiaume, The Canadian Press

 

Health

Health Canada approves updated Moderna COVID-19 vaccine

Published

 on

 

TORONTO – Health Canada has authorized Moderna’s updated COVID-19 vaccine that protects against currently circulating variants of the virus.

The mRNA vaccine, called Spikevax, has been reformulated to target the KP.2 subvariant of Omicron.

It will replace the previous version of the vaccine that was released a year ago, which targeted the XBB.1.5 subvariant of Omicron.

Health Canada recently asked provinces and territories to get rid of their older COVID-19 vaccines to ensure the most current vaccine will be used during this fall’s respiratory virus season.

Health Canada is also reviewing two other updated COVID-19 vaccines but has not yet authorized them.

They are Pfizer’s Comirnaty, which is also an mRNA vaccine, as well as Novavax’s protein-based vaccine.

This report by The Canadian Press was first published Sept. 17, 2024.

Canadian Press health coverage receives support through a partnership with the Canadian Medical Association. CP is solely responsible for this content.

The Canadian Press. All rights reserved.

Source link

Continue Reading

Health

These people say they got listeria after drinking recalled plant-based milks

Published

 on

 

TORONTO – Sanniah Jabeen holds a sonogram of the unborn baby she lost after contracting listeria last December. Beneath, it says “love at first sight.”

Jabeen says she believes she and her baby were poisoned by a listeria outbreak linked to some plant-based milks and wants answers. An investigation continues into the recall declared July 8 of several Silk and Great Value plant-based beverages.

“I don’t even have the words. I’m still processing that,” Jabeen says of her loss. She was 18 weeks pregnant when she went into preterm labour.

The first infection linked to the recall was traced back to August 2023. One year later on Aug. 12, 2024, the Public Health Agency of Canada said three people had died and 20 were infected.

The number of cases is likely much higher, says Lawrence Goodridge, Canada Research Chair in foodborne pathogen dynamics at the University of Guelph: “For every person known, generally speaking, there’s typically 20 to 25 or maybe 30 people that are unknown.”

The case count has remained unchanged over the last month, but the Public Health Agency of Canada says it won’t declare the outbreak over until early October because of listeria’s 70-day incubation period and the reporting delays that accompany it.

Danone Canada’s head of communications said in an email Wednesday that the company is still investigating the “root cause” of the outbreak, which has been linked to a production line at a Pickering, Ont., packaging facility.

Pregnant people, adults over 60, and those with weakened immune systems are most at risk of becoming sick with severe listeriosis. If the infection spreads to an unborn baby, Health Canada says it can cause miscarriage, stillbirth, premature birth or life-threatening illness in a newborn.

The Canadian Press spoke to 10 people, from the parents of a toddler to an 89-year-old senior, who say they became sick with listeria after drinking from cartons of plant-based milk stamped with the recalled product code. Here’s a look at some of their experiences.

Sanniah Jabeen, 32, Toronto

Jabeen says she regularly drank Silk oat and almond milk in smoothies while pregnant, and began vomiting seven times a day and shivering at night in December 2023. She had “the worst headache of (her) life” when she went to the emergency room on Dec. 15.

“I just wasn’t functioning like a normal human being,” Jabeen says.

Told she was dehydrated, Jabeen was given fluids and a blood test and sent home. Four days later, she returned to hospital.

“They told me that since you’re 18 weeks, there’s nothing you can do to save your baby,” says Jabeen, who moved to Toronto from Pakistan five years ago.

Jabeen later learned she had listeriosis and an autopsy revealed her baby was infected, too.

“It broke my heart to read that report because I was just imagining my baby drinking poisoned amniotic fluid inside of me. The womb is a place where your baby is supposed to be the safest,” Jabeen said.

Jabeen’s case is likely not included in PHAC’s count. Jabeen says she was called by Health Canada and asked what dairy and fresh produce she ate – foods more commonly associated with listeria – but not asked about plant-based beverages.

She’s pregnant again, and is due in several months. At first, she was scared to eat, not knowing what caused the infection during her last pregnancy.

“Ever since I learned about the almond, oat milk situation, I’ve been feeling a bit better knowing that it wasn’t something that I did. It was something else that caused it. It wasn’t my fault,” Jabeen said.

She’s since joined a proposed class action lawsuit launched by LPC Avocates against the manufacturers and sellers of Silk and Great Value plant-based beverages. The lawsuit has not yet been certified by a judge.

Natalie Grant and her seven year-old daughter, Bowmanville, Ont.

Natalie Grant says she was in a hospital waiting room when she saw a television news report about the recall. She wondered if the dark chocolate almond milk her daughter drank daily was contaminated.

She had brought the girl to hospital because she was vomiting every half hour, constantly on the toilet with diarrhea, and had severe pain in her abdomen.

“I’m definitely thinking that this is a pretty solid chance that she’s got listeria at this point because I knew she had all the symptoms,” Grant says of seeing the news report.

Once her daughter could hold fluids, they went home and Grant cross-checked the recalled product code – 7825 – with the one on her carton. They matched.

“I called the emerg and I said I’m pretty confident she’s been exposed,” Grant said. She was told to return to the hospital if her daughter’s symptoms worsened. An hour and a half later, her fever spiked, the vomiting returned, her face flushed and her energy plummeted.

Grant says they were sent to a hospital in Ajax, Ont. and stayed two weeks while her daughter received antibiotics four times a day until she was discharged July 23.

“Knowing that my little one was just so affected and how it affected us as a family alone, there’s a bitterness left behind,” Grant said. She’s also joined the proposed class action.

Thelma Feldman, 89, Toronto

Thelma Feldman says she regularly taught yoga to friends in her condo building before getting sickened by listeria on July 2. Now, she has a walker and her body aches. She has headaches and digestive problems.

“I’m kind of depressed,” she says.

“It’s caused me a lot of physical and emotional pain.”

Much of the early days of her illness are a blur. She knows she boarded an ambulance with profuse diarrhea on July 2 and spent five days at North York General Hospital. Afterwards, she remembers Health Canada officials entering her apartment and removing Silk almond milk from her fridge, and volunteers from a community organization giving her sponge baths.

“At my age, 89, I’m not a kid anymore and healing takes longer,” Feldman says.

“I don’t even feel like being with people. I just sit at home.”

Jasmine Jiles and three-year-old Max, Kahnawake Mohawk Territory, Que.

Jasmine Jiles says her three-year-old son Max came down with flu-like symptoms and cradled his ears in what she interpreted as a sign of pain, like the one pounding in her own head, around early July.

When Jiles heard about the recall soon after, she called Danone Canada, the plant-based milk manufacturer, to find out if their Silk coconut milk was in the contaminated batch. It was, she says.

“My son is very small, he’s very young, so I asked what we do in terms of overall monitoring and she said someone from the company would get in touch within 24 to 48 hours,” Jiles says from a First Nations reserve near Montreal.

“I never got a call back. I never got an email”

At home, her son’s fever broke after three days, but gas pains stuck with him, she says. It took a couple weeks for him to get back to normal.

“In hindsight, I should have taken him (to the hospital) but we just tried to see if we could nurse him at home because wait times are pretty extreme,” Jiles says, “and I don’t have child care at the moment.”

Joseph Desmond, 50, Sydney, N.S.

Joseph Desmond says he suffered a seizure and fell off his sofa on July 9. He went to the emergency room, where they ran an electroencephalogram (EEG) test, and then returned home. Within hours, he had a second seizure and went back to hospital.

His third seizure happened the next morning while walking to the nurse’s station.

In severe cases of listeriosis, bacteria can spread to the central nervous system and cause seizures, according to Health Canada.

“The last two months have really been a nightmare,” says Desmond, who has joined the proposed lawsuit.

When he returned home from the hospital, his daughter took a carton of Silk dark chocolate almond milk out of the fridge and asked if he had heard about the recall. By that point, Desmond says he was on his second two-litre carton after finishing the first in June.

“It was pretty scary. Terrifying. I honestly thought I was going to die.”

Cheryl McCombe, 63, Haliburton, Ont.

The morning after suffering a second episode of vomiting, feverish sweats and diarrhea in the middle of the night in early July, Cheryl McCombe scrolled through the news on her phone and came across the recall.

A few years earlier, McCombe says she started drinking plant-based milks because it seemed like a healthier choice to splash in her morning coffee. On June 30, she bought two cartons of Silk cashew almond milk.

“It was on the (recall) list. I thought, ‘Oh my God, I got listeria,’” McCombe says. She called her doctor’s office and visited an urgent care clinic hoping to get tested and confirm her suspicion, but she says, “I was basically shut down at the door.”

Public Health Ontario does not recommend listeria testing for infected individuals with mild symptoms unless they are at risk of developing severe illness, such as people who are immunocompromised, elderly, pregnant or newborn.

“No wonder they couldn’t connect the dots,” she adds, referencing that it took close to a year for public health officials to find the source of the outbreak.

“I am a woman in my 60s and sometimes these signs are of, you know, when you’re vomiting and things like that, it can be a sign in women of a bigger issue,” McCombe says. She was seeking confirmation that wasn’t the case.

Disappointed, with her stomach still feeling off, she says she decided to boost her gut health with probiotics. After a couple weeks she started to feel like herself.

But since then, McCombe says, “I’m back on Kawartha Dairy cream in my coffee.”

This report by The Canadian Press was first published Sept. 16, 2024.

Canadian Press health coverage receives support through a partnership with the Canadian Medical Association. CP is solely responsible for this content.

Source link

Continue Reading

Health

B.C. mayors seek ‘immediate action’ from federal government on mental health crisis

Published

 on

 

VANCOUVER – Mayors and other leaders from several British Columbia communities say the provincial and federal governments need to take “immediate action” to tackle mental health and public safety issues that have reached crisis levels.

Vancouver Mayor Ken Sim says it’s become “abundantly clear” that mental health and addiction issues and public safety have caused crises that are “gripping” Vancouver, and he and other politicians, First Nations leaders and law enforcement officials are pleading for federal and provincial help.

In a letter to Prime Minister Justin Trudeau and Premier David Eby, mayors say there are “three critical fronts” that require action including “mandatory care” for people with severe mental health and addiction issues.

The letter says senior governments also need to bring in “meaningful bail reform” for repeat offenders, and the federal government must improve policing at Metro Vancouver ports to stop illicit drugs from coming in and stolen vehicles from being exported.

Sim says the “current system” has failed British Columbians, and the number of people dealing with severe mental health and addiction issues due to lack of proper care has “reached a critical point.”

Vancouver Police Chief Adam Palmer says repeat violent offenders are too often released on bail due to a “revolving door of justice,” and a new approach is needed to deal with mentally ill people who “pose a serious and immediate danger to themselves and others.”

This report by The Canadian Press was first published Sept. 16, 2024

The Canadian Press. All rights reserved.

Source link

Continue Reading

Trending