Federal judge rules for SEALs in vaccination-religious-exemption challenge
The decision of Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas in U.S. Navy SEALs 1-26 v. Biden can be found here. The case was brought by the First Liberty Institute.
I suspect that there would be some merit in an examination of the distinctions drawn between the Federal Court of Canada judgment in Neri et al v Canada and the above-mentioned judgment.
I anticipate that Canadian Forces personnel who maintain their refusal of vaccination will seize upon the US judgment in future arguments, notwithstanding the different approaches in the two countries regarding: (1) the First Amendment (US) and s 2 of the Canadian Charter of Rights and Freedoms; (2) the extent to which internal remedies are considered to be 'adequate alternative remedies'; and, (3) the test for interlocutory relief (which is likely the factor in which the laws of the two countries are most similar).
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I suspect that there would be some merit in an examination of the distinctions drawn between the Federal Court of Canada judgment in Neri et al v Canada and the above-mentioned judgment.
ReplyDeleteI anticipate that Canadian Forces personnel who maintain their refusal of vaccination will seize upon the US judgment in future arguments, notwithstanding the different approaches in the two countries regarding: (1) the First Amendment (US) and s 2 of the Canadian Charter of Rights and Freedoms; (2) the extent to which internal remedies are considered to be 'adequate alternative remedies'; and, (3) the test for interlocutory relief (which is likely the factor in which the laws of the two countries are most similar).