Religious liberty case on abortion and vaccines before the Alberta Human Rights Tribunal

Two years after the end of the COVID pandemic, the ripple effects of the political, legal and social chaos that roiled Canada are still being felt. Last month, two Albertan men were sentenced for their roles in the Coutts blockade last month, one of them to jail time.

The Trudeau government is still pursuing an appeal against the Federal Court for ruling that the draconian freezing of bank accounts during the Freedom Convoy — without court orders — was a violation of Charter rights. The government minister who oversaw this extralegal crackdown, Chrystia Freeland, is running to be the next prime minister.

And even though restrictions have long been lifted, the clash between conscience rights and the now-defunct COVID regime is ongoing.

Exhibit A is a case currently before the Alberta Human Rights Tribunal.

Thomas Elliott, a practicing Christian, found himself suspended without pay during the pandemic by Canadian Natural Resources Ltd., an oil and natural gas company. Elliott had declined the company’s vaccine mandate, citing his moral opposition to taking vaccines that were associated with abortion.

According to Blacklock’s Reporter, the HRT has “ordered a hearing on whether personal interpretations of Scripture are legitimate grounds for defying a workplace order.”

Elliott’s case is particularly interesting because he has cited specific scripture in his opposition to taking the COVID vaccine. Many Canadians declined to take the vaccine (or took it under protest) for a host of reasons, and in many cases they cited “conscience objections” that were vague and only loosely associated with religious beliefs.

Arguably — and this would be my view — forcing any citizen to submit to a vaccine against their will is immoral, regardless of the reason. But Elliot’s rationale makes his case “a key test of religious freedom.”

The case was previously dismissed by human rights commissioners, but Wilma Shim, an adjudicator with the Alberta Human Rights Commission and former Crown prosecutor, overruled their decision.

“There is a genuine issue to be resolved,” she stated. “[Elliott] is a Christian who follows the Bible as the one and only true word of God. The complainant indicated vaccines were developed and tested through the use of fetal cell lines derived from abortion. The complainant believes abortion is murder and that to take the vaccine would be complicit with murder.”

Elliott, who describes himself as a “born again, charismatic Christian,” cited the Ten Commandments — specifically, “Thou Shalt Not Kill”— as his reason for resisting the vaccine mandate. According to Blackstock’s Reporter, his company, Canadian Natural Resources, is insisting that “there was no mention of vaccines in a letter Elliott submitted from his pastor,” but Shim stated that “applications of spiritual beliefs need not be strictly itemized to be legitimate.”

Indeed, thus far the Tribunal’s statements have been refreshing in their moral grasp of the case:

“This is not a case where the complainant has made a bare assertion that his Christian faith requires him to refuse vaccination. He has provided what he alleges is Scriptural authority for his belief that accepting the vaccine would be a sin. The complainant stated adherence to Scripture is a tenet of the Christian faith and that his eternal salvation depends on obedience to God’s will as expressed in Scripture. God has the power to grant eternal life in heaven or cast one into hell. The complainant provided scriptural authority for these statements. The complainant clearly has sincere and deeply held beliefs.”

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