A city councillor in London, Ont., has launched a new creed that aims to affirm a “constitutional freedom from vaccine mandates,” but a local lawyer and human rights expert says it won’t qualify for an exemption from COVID-19 vaccine policies and is offensive to the foundation of the Ontario Human Rights Code.
Ward 1 Coun. Michael van Holst’s creed, titled the Order of Freedom, comes as Londoners await a final decision on a proof of COVID-19 vaccination policy for city councillors.
The policy was first unveiled during a corporate services committee meeting last month and is expected to be approved when city council meets on Tuesday afternoon.
A draft version of the yet-to-be-approved policy mandates that all members of city council must provide proof of full vaccination against COVID-19 or “provide a written attestation of a medical reason(s) or Ontario Human Rights Code reason(s) for not being fully vaccinated against COVID-19.”
The website for van Holst’s creed lists 12 beliefs associated with the Order of Freedom, including to “honour freedom as a divine virtue that exists at a higher level than human opinion,” “respect the body as a divine gift and everyone’s right to keep their organs free of impurities,” and “resist the temptation to acquire power over others.”
It goes on to add that “vaccine mandates, passports and proof of status policies being presented as a response to COVID-19 are not compatible with those who hold our beliefs.”
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The website also notes that many people will “lose their jobs to vaccine policies unless they can claim an exemption based on creed” and calls on others to join.
“The beliefs that we already share, as lovers of freedom, don’t become a creed until they are ‘Associated to an organization or community that shares the belief system.’ That is the purpose of this order,” the website added.
van Holst told Global News that his creed intends to prevent what he views as “government overreach.”
“To me, personally, these policies are very disturbing because they’re asking people to give up their right to keep medical information private and it’s also a coercion of their ability to give informed consent when they’re choosing medical treatment,” van Holst said.
As for whether his creed will be accepted as a valid Ontario Human Rights Code reason under the potential proof of vaccination policy, van Holst says he’s “not really worried.”
“I have another way of accommodating myself, it’s simply to work from home, which is what I’ve been doing for the past year,” van Holst said.
However, the draft policy only states that it applies to “all Members of Council of The Corporation of the City of London and includes the Mayor,” and does not distinguish between councillors working from home and councillors working at city hall or elsewhere.
Susan Toth is a partner with the local law firm Polishuk Camman and Steele who specializes in both human rights law and employment and labour law, among other areas of practice.
When asked if the Order of Freedom could lend a valid Ontario Human Rights Code reason to be exempt from a COVID-19 vaccine policy, such as the one headed to council on Tuesday, Toth says “absolutely not.”
Of the creed’s 12 beliefs, “not a single one actually contradicts a vaccine mandate,” she said.
“There’s a misunderstanding about what freedom is, and the right to choose to be vaccinated is not the same as the right to be free of consequence should you decide not to follow public health measures.”
The timing of the creed’s launch and van Holst’s vocal opposition to COVID-19 vaccine policies also raises questions about the councillor’s motives, which could weaken the creed’s chance to provide a valid exemption, Toth said.
The lawyer added that the creed aims to misuse the Ontario Human Right Code, which is “meant to protect people who have faced significant discrimination, often systemic discrimination.”
“We’re living in London, where we know that Islamophobia has actually led to the death of people and here is somebody who is now trying to use the system to some means of making a political statement, of saying ‘I don’t want to get a vaccine,’ and frankly it’s offensive,” Toth said.
“It’s offensive for people who have fought so hard to access religious freedoms, who fight against Islamophobia and anti-Semitism, and I think it’s just, frankly, unacceptable.”
When asked about van Holst’s creed during a media briefing related to COVID-19 in London and Middlesex County on Monday, Mayor Ed Holder cited a recent statement from the Ontario Human Right Commission (OHRC) regarding its position on vaccine requirements.
The OHRC said a person who chooses to not be vaccinated “based on personal preference” does not have a right to accommodation under the Human Rights Code.
“To me, that’s as clear as it gets, and probably as much as truly needs to be said,” Holder said.
“Here’s what I know: That momentum is truly and clearly on the side of truth and science, and that’s where I choose to channel my focus and my energy on this issue.”
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