Could the city politician’s anti-vax “creed” lead to formal punishment?

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A city councilor who set up an organization to bypass London’s COVID-19 vaccine mandates “is doing a huge disservice,” said a longtime politician turned political observer.
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London Councilor Michael van Holst’s’ backward ‘credo seen as’ bad service’ which could result in a fine of three months’ salary
District 1 Council. Michael van Holst launched the ‘Order of Freedom’ as part of a commitment to tackle vaccination policies at town hall by creating his own ‘creed’. His group’s website, which van Holst shared on social media, appears to suggest he may provide a workaround for others refusing to get COVID-19 snapshots.
Gord Hume, a former politician who writes and speaks on local government, said elected officials have a fundamental duty to protect the health and well-being of Londoners during a pandemic.
“I am amazed that the elected officials did not come forward and say, ‘For the good of the city, for the good of our community, you must encourage vaccination, because it will save lives, our hospitals and our community. health system. ‘Sometimes you have to go ahead and do the big thing that’s right for the city. This is called the spirit of the state, ”he said.
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Everyone is entitled to their own beliefs, but elected officials need to think about what is best for Londoners, he said.
“The evidence is overwhelming that vaccination is the solution. And I think any board member, or any elected office, frankly, that doesn’t support mass vaccination for the public is wrong and doing a terrible disservice. “
Van Holst says his newly created ‘creed’ and organization will exempt him from the city hall’s COVID-19 vaccination policy on the basis of his human rights.
“Many healthy people will lose their jobs because of immunization policies unless they can apply for a creed-based exemption. The beliefs we already share as freedom lovers only become a creed when they are “associated with an organization or community that shares the belief system.” This is the purpose of this order, ”says the website.
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Lawyer Susan Toth, who has expertise in both labor and human rights law, said van Holst’s approach was backward.
Usually what happens is somebody’s got a creed that there’s something they can or can’t do according to that creed. Here we have the situation back. A creed is created to justify a belief. While he may say that I sincerely don’t believe in vaccines, that doesn’t mean it’s a creed, ”Toth said.
None of the 12 beliefs described on van Holst’s website, such as “respect the body as a divine gift” and “avoid fanaticism,” contradict vaccine mandates at all, Toth said.
She said van Holst may have to show that this new credo “is not a political ploy or made with ulterior motives”.
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“If anyone can create a creed to back up their belief, the sky is kind of the limit on what you can start to assert as a creed. It takes away what a creed is supposed to be, in terms of religious freedoms and religious beliefs. “
In fact, the Ontario Human Rights Commission has repeatedly stated that “a person who chooses not to be vaccinated because of personal preferences is not entitled to accommodation” under the Human Rights Code. of the person from Ontario.
Medical or human rights exemptions are the only exceptions to the town hall’s vaccination mandate, which applies to all city workers. So far, no employee has resigned or been fired due to the vaccination mandate in place at town hall. A city spokesperson said city hall could not yet share exactly what percentage of the workforce submitted proof of COVID-19 vaccination, as the numbers were still being calculated. .
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City council is expected to give final approval to the politicians’ almost identical tenure on Tuesday.
Still, there appears to be little appetite on the board to address van Holst’s claims and activities, which are becoming increasingly bold.
The Council has largely ignored his letters and speeches, even though those comments increasingly reflect anti-vaccine talking points. Mayor Ed Holder declined to speak to The Free Press about van Holst’s new site or the message he’s sending when asked this week.
And there are limits to the action city council can take.
“You can’t get rid of the guy. You can’t fire him, you can’t suspend him. . . you can only penalize him (with) a 90-day suspension of pay, not a 90-day suspension and a reprimand, ”said John Mascarin, Toronto lawyer and municipal law expert.
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Any sanction may depend on an investigation by the Integrity Commissioner, lawyer Gregory Stewart, who investigates complaints against city councilors. If the Integrity Commissioner determines that a politician has violated the council’s code of conduct, he can receive up to three months’ salary.
Beyond that, the council could only apply “corrective measures”, not sanctions, Mascarin said. This could include removing a municipal politician from standing council committees, removing their expense account and office assistants, or even restricting their access to municipal staff or town hall, except when absolutely necessary. necessary for the work of the council.
Mascarin also works as an integrity commissioner. He said van Holst could still end up bearing “a hefty and severe penalty” if found violating council policies.
“If that had been my advisor, where I’m the Integrity Commissioner, I would say, ‘Wait, this is a health and safety issue. I understand that you have the right to challenge it, to say that you don’t like it, but it’s a policy like any other, ”Mascarin said.
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