A Nova Scotia judge has sued a former chief judge and the provincial court after being pressured to reveal her COVID-19 vaccination status.
Rickcola Brinton is represented by the Justice Centre for Constitutional Freedoms (JCCF) in her lawsuit against former chief judge Pamela S. Williams and the Nova Scotia court.
In Sept. 2021, Ms. Williams, then the chief judge of the provincial court, sent an email to all the judges of the provincial court asking if they would agree to share their COVID-19 vaccination status. Ms. Williams also asked if the information should be shared with the Nova Scotia bar.
Ms. Brinton replied that she had concerns over medical privacy about the request and did not disclose her vaccination status.
“I also know that the vaccination mandates and passports may be disproportionately impacting racialized communities,” her Oct. 1, 2021 email said. “And as an essential service, will we be creating a two-tiered society for those who already feel as though we are not all free to serve them?”
Ms. Williams met with Ms. Brinton on Oct. 7, 2021, and they talked further about the disclosure of Ms. Brinton’s COVID-19 vaccination status.
Ms. Brinton told the chief judge that she decided not to disclose her vaccination status as a matter of conscience and after prayerful contemplation. She offered to get tested for COVID-19 as often as needed, but Ms. Williams rejected the offer, the JCCF said.
Ms. Brinton then went on short-term disability leave at the end of October 2021.
On Nov. 1, 2021, Ms. Williams sent an email to judges saying only those who are fully vaccinated will be assigned to sit in courtrooms, JCCF said. She also issued a public statement saying that all provincial court judges in courtrooms “both now and in the future, are fully vaccinated.”
In February 2022, Ms. Williams wrote to Ms. Brinton, saying the continuation of her short-term leave would not be approved unless Ms. Brinton provided evidence of her disability.
Ms. Williams also said that if Ms. Brinton continued to refuse to disclose her vaccination status, she would be considered unvaccinated and not permitted to preside over in-person trials and sentencing in the courtroom. She also said she would have to suspend Ms. Brinton and refer the matter to the judicial council.
“Brinton raised concerns about interference with medical privacy and the impact of disclosing her Covid vaccination status on the independence and impartiality of both herself and the Court, particularly with respect to cases where courts have been asked to rule on issues regarding Covid vaccines,” the JCCF said.
“As a result of raising such concerns, Brinton was threatened with suspension and disciplinary action.”
The Epoch Times attempted to reach Ms. Williams but did not hear back by publication time.
On March 27, 2022, Ms. Williams wrote to Ms. Brinton’s doctor to request details of her medical issues, according to JCCF. The doctor contacted Ms. Brinton to ask for consent to release the information. She did not consent.
Ms. Williams then followed up with a phone call to the doctor’s office to seek the information. Ms. Brinton still did not consent to the information being released.
Ms. Brinton had already been approved for long-term disability, JCCF said.
There has been no further communication to Ms. Brinton from Ms. Williams since April 2022, the release said.
Ms. Williams’ term as chief judge ended in August 2023. She continues to sit on the bench.
Ms. Brinton’s lawsuit names Ms. Williams, the Office of the Chief Judge of the Provincial Court of Nova Scotia, the Provincial Court of Nova Scotia, and the Attorney General of Nova Scotia as defendants.
She is seeking damages for the violation of her judicial independence and medical privacy.
The memo noted that numbers from Health Canada show that 55 percent of Canadians had received three COVID-19 vaccines. However, a poll found that 68 percent of Canadians claimed to have received the shots.
Researchers cited “social desirability” as one of the possibilities “where respondents tend to answer questions in a manner that will be viewed favourably by others.”
