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Dear family and friends,
The board would like to share some news with you all about our current state with counsel. Some of you may already know that we have parted ways with our (warrior) counsel. We went through amazing times and some hard times together and part with best wishes and respect on both sides. We learned a lot from our counsel and each other and for that we are very grateful.
Going forward, we will be engaging directly with the courts for our submissions using our agent while we continue to look for and retain new counsel. We do not intend to delay the judicial review from reaching its “hearing on the merits” (which is where the actual scrutiny begins) and feel confident and empowered to continue working towards that goal.
Legal Update:
We hope to hear the judge's decision on the addition of the nurse co-applicant within the next two weeks. Regardless of the outcome, Sarah's story and experience are strong examples of how our healthcare professionals have been mistreated and the harm doesn't disappear just because a motion might.
We have been working on a Motion for the Record (the data delivered to us last October by the Respondents) and have that close to completion. The Mootness Motion submitted by the Respondents last August has to be addressed formally; we had informally addressed it earlier this year in court but the response has to be formal so the board is currently working on that submission.
What is the next activity in the Judicial Review proceeding?
Well, after we address Mootness, The Record and working with our co-applicants, the Hearing on the Merits should be next (assuming we cross the above hurdles in one piece). No date for that hearing yet but it's what we've been waiting for since late 2021: for the judiciary to look at what the Respondents used and reasonably knew when they ordered proof of vaccination mandates and whether it was justified. Whether any of the restrictions were more beneficial than harmful and whether the Respondents acted outside of their authority.
If you are interested in volunteering and have the time, we need you! Please send an email to contact@thecans.ca!
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