Notice of Liability to Your Employer and Do Not Give In

Transcript compiled by: Dawn
Nov 25, 2021

The following is the transcript of Susan Cole’s recent speech on what options you have from a legal perspective when your employer mandate COVID vaccine, some of the lawsuits going on in the world, and what kind of mentality you should have going forward. She encourages people to help each other, fight back, get back our freedom. Never give up!

Original video of the speech:

Who is Suzanne Cole?

I am Suzanne Cole. I’m a licensed paralegal with the Law Society of Ontario. For six years, I practiced as a defence agent throughout the province of Ontario defending in mostly provincial offences matters as well as some criminal summary. For the last five and a half years, I have been a prosecutor both for the Ministry of the Attorney General in both Halton and Peel region as well as most recently as a provincial offences prosecutor for Graham Bruce county.

I, on October the 10th, was asked if I would comply with a recently enacted policy requiring that I have been subjected to the jab as we call it. And I outright told them I would not be providing my medical information and that I would not be complying. I was immediately removed and put on unpaid leave which will terminate next week. And I will be officially terminated from my position. So I’m indicating that because I want you to know that I’m in the same boat as many of you that are already terminated or may soon face that as well. It is all about us. We are all in the same boat.

What is a notice of liability?

I am going to talk to you today about some legal principles and just hopefully can clarify a few things. There’s a lot of misinformation on the Internet and I see it on a daily basis. And people reach out to me quite frequently with information they want clarification on or they’ve started proceeding down a particular road only to find out that it’s not appropriate and they’re just going to set themselves up for failure. So I want to cover some of those issues. Now the one thing that almost everybody here and I’ll ask for hands. Has anybody done a “notice of liability” or NOL to their employer? Anybody done those? Anybody not know what a “notice of liability” is? Well, we have to touch that. I’m surprised. I thought everybody knew that or most people .

A notice of liability is a letter of sort that you can provide to your employer when you’re given notice that they have enacted a policy that’s going to require you to have the shot or perhaps some are enabling you to do testing if you do not comply with the actual vaccination. And a notice of liability just sets out the provisions under which you may or may not comply.

What options do you have when facing vaccine mandate from your employer?

  • Do not disclose your vaccination status

Now the first thing that you have to understand is they are going to ask you to submit your medical records indicating whether or not you’ve received the vaccination. You are under no obligation to provide that. That is personal medical documentation and records that you are not to show anybody except your own personal doctor, should you choose. So that is a choice I’m going to suggest you should exercise that choice and not disclose it. That is nobody’s business. They will automatically assume then that you’re not vaccinated. Now in the notice of liability, you are identifying that you’re not going to do that.

  • Do not say “ I am not complying”

Then you’re going to have to address the issue of whether or not you’re going to accept the vaccination. And one of the faulty things that I’m seeing regularly in the notice of liabilities is that the first word say “I’m not doing it”. That is probably one of the worst things that you can say in a notice of liability because immediately you’re telling them you’re not complying. That can give them grounds for termination because (of) your failure to comply so.

  • Make it so difficult that you can’t comply

It’s really important that you remember you want to indicate that you’re going to comply but you want to make it so difficult that you can’t comply. Can’t and won’t are two very distinctive things. And one of the ways that you can do that is by indicating I will comply but here’s the terms. And you have to understand that when you’re employed with somebody, you’re under a term of contract with them. you do for them they do for you. It’s a mutually exclusive contract between the two of you. And this policy and what goes on with this policy and how they approach you on that is included in that contract.

  • Specify “directly” and “indirectly” in notice of liability

So you can specify your terms and your terms are going to be that they will be held liable for any and all damages up to including financial damages and health damages, physical damages that may occur you. Also want to make sure you include the words “directly” and “indirectly”. “Indirectly” is very important because the “direct” is very obvious. So, for example, if you did decide to get the vaccination, and all of a sudden (you) had an anaphylactic shock, that’s direct. We can show or the doctors can show unequivocally that that’s a result.

An “indirect” might be something that happened down the road that they are not sure. And “indirect” would also be, for example, if somebody in your employment found out you were not vaccinated and decided to scratch your car, that’s an indirect violation on you. That’s an indirect property damage. So it’s important that you want to put that in because that could encompass anything that you may not anticipate could occur. And you want to set these things out.

  • Notify your employers the laws that they are breaking

You also want to notify them of all the laws that they’re breaking. And they’re breaking laws under the Criminal Code, the Employment Standards Act, the Workplace Health and Safety Act, the Nuremberg code, and assorted other laws. So you want to identify the laws so that they can be made aware that you are aware and that you will hold them accountable for that.

  • Notify your employers your accepting of vaccination is involuntary

And then you want to make sure that you indicate that in doing this, in accepting the vaccine, it will not be done so voluntarily. That is vital. There’s a concept in law that anything anytime there is a law, a rule, a mandate or a command from somebody in authority, the concept of voluntaryism is gone. As soon as you’re told to do something, it’s not voluntary. So as soon as that employer has this policy in place, it’s impossible for anybody to be doing anything voluntarily within that policy requirement. So you want to notify them that it’s not voluntary and that’s really really important.

Up until this point there’s been a lot of notice liability that have been put out by various law firms, lawyers, online legal groups, and what have you. and it’s been attempted repeatedly by hundreds of thousands of people to get these notices of liability.

  • The option to charge your employer with criminal assault

And we’ve been working very reasonably and trying to work reasonably with the employers, but it’s very obvious now that the employers are not going to be reasonable with us. So we’re going to have to start upping the ante a little bit. So one of the things that you may be able to do is, if the employer is going to push that if you don’t take this vaccine, you’re going to be terminated. One of the things that we’re testing that you could do, but this is a very if, and I’m going to make very clear here, that if you decide to go down this road, that you only do so with the assistance of somebody in the legal profession, make sure that you have some further advice on this, because you have to be very mindful of this one.

But if you were to go to the clinic to get the shot. You are standing in the line up, and I’m going to say nurse, and I’ll use the pronoun she, for the sake of argument, although I don’t mean it in any way against gentlemen who are nurses and awesome. But you go to the nurse, the first thing you want to do is (to) make sure that they read that notice of liability that says you’re not doing so voluntarily. Because under the Health Care Protection Act, they are forbidden or should be not be providing any type of medical care or treatment to anybody who’s not doing so voluntarily. So instantaneously they should be not proceeding with the shot for you. They should be saying I can’t do this. And that’s really interesting because as soon as they say I can’t do this, you can say to your employer: “well I went but they wouldn’t do it. I tried! Not my problem.” So that removes, negates, some of their ability to say that you didn’t comply because you made every attempt to comply. It’s not your problem if he didn’t do it for you. And then that’s going to leave the employer in a bit of a pickle that they’re probably not expecting because now they’re not going to be sure what to do with that because you made the attempt to do so.

The only time you’re going to have an issue is if the nurse then decides that they’re going to proceed with that contrary to that particular act and their obligations to give you the shot. And that’s where it becomes problematic. And this is a step that’s going to be very challenging to do. So please make sure that you think very strongly about whether or not you wish to take this step. And the next step would be to allow them to swab your arm. And only swab your arm. Because before they can give the shot, they have to clean this up, clean the area. And as soon as they swab that arm, you then stand up, and you announced that they will be charged with assault. And then you charge your employer and the director and your manager and everybody else because that is effectively assault under Section 265 of the Criminal Code, because they have touched you and done something to you that was not voluntary on your part. But you want to be very mindful if you go down that road that you’re very sure of what you’re going to do and that’s what you want to do and get some further legal advice on doing so.

But those are options. And that’s the step up from what we’ve been doing at this point. It’s a very harsh thing to do and it’s something that you you’ve got to think about but I think it’s time that we do start thinking about having to up the ante here, because what we’re doing is not working. Being kind and nice and reasonable is not working, and clearly it’s not working on their part either.

What are the hierarchy of the laws?

The other thing I want to talk about is well and there’s a lot of misinformation regarding the way that the laws work. And there’s a lot of misinformation about people telling you what you can, do this, you can do that. And I want to just talk about the hierarchy of law and how things work and what the process is for a lot of things.

So the hierarchy of laws, we have the lower law which in Ontario would be called the Ontario Court of justice. And it’s fairly low on the totem pole. The next level up would be the Ontario Court of justice appeal. And whenever a decision is made in the appeal court, it automatically becomes binding on all of the lower courts. So any decision there, all the other ones have to follow. We then go up to the Supreme Court of Canada. The Supreme Court of Canada is binding on all of the lower courts below it in all of Canada. So every lower court that’s running at a trial or hearing with the same set of circumstances must follow that same decision. And this is very important and that’s adhered to religiously in court.

We also have what’s called interprovincial. So if you have a decision in another province, when it comes to our province while it won’t be mandatory or binding, it becomes what’s called persuasive, which means a justice in Ontario can look at a decision from Alberta, and say “I’m really not sure, but I kind of like his reasoning, so I think I’ll follow that, and I’m going to do what he did”. And it’s really important to understand that because in the situation where in when it comes to court proceedings, we can rely on these things that have turned out well in other jurisdictions. So we want to watch those things.

We then have what’s called international law. And international law can also be very persuasive. So we want to be very mindful to watch what’s going on in the rest of the world. Particularly if it’s a British Commonwealth country because they follow the same British law that we follow as well as the United States.

A recent favorable court case

And there’s recently been some cases that been adjudicated. For example on August 29th there was a case in Australia New South Wales that made the determination on appeal that forcing somebody to be vaccinated as part of their employment was unconstitutional. And that’s really important because when we get our constitutional trial matters before the courts, we can rely on that as persuasive to show the judges here, look what they did. Really important.

Important lawsuits and their significance

There are cases that have been filed in different provinces and in Canada currently there is one filed in British Columbia before the Supreme Court. There’s one in Alberta. There’s one, I believe, in Manitoba. There’s a couple in Ontario. There’s several in the United states. There’s also cases that are filed for the same set of type of situation in Spain, Italy, France, throughout South America. There’s furthers in Australia. They are all over the world.

The one that needs to be watched the most right now though is in India. A couple of months ago, an Indian law firm I believe took their premier and their medical officer of health to task and is now taken them to the International Criminal Court on charges of crimes against humanity and genocide. That is the big one. Thank you, India.

It takes time to win the lawsuits

So while we’re all looking for an instant gratification, an instant fix, and we want this dealt with now, we’re scared, we’re afraid, what’s going to happen to our jobs, we need to be mindful that the court process takes time, especially if you want it done right. So a lot of these things are filed. We’re waiting for them to get through the process and we’re watching the big guns in the other areas as well. Be assured that the top lawyers internationally are on this. They do have this under control and they’re running with it, But they want to make sure that they do not make any mistakes, because what’s going on here has never been be seen before, ever, anywhere. And so the lawyers are actually treading in mud just like we are, because they don’t know how to deal with this sometimes either, because there’s laws being broken that nobody’s ever seen before. There’s procedures being broken that nobody’s ever seen before. So they’re trying to make their way through this as well but they are on top of it.

So we have to give patients to them and give them room to get the job done. And all it’s going to take is one really big case in a really high court for it to trickle down and affect everything else. And that’s what we’re waiting on. And it will happen. And we have to have faith that it will.

I know everybody here is facing potential or most of you are facing potential termination and I know you’re looking for a quick fix for somebody to save your job. And unfortunately, I can tell you that there isn’t anything that’s going to do that. We can make every attempt possible to try to mitigate it. But with the notices of liability and everything else all that’s really doing is setting up yourself to have a very padded case for a lawsuit later. You want to give yourself as much of a case as possible and take as much away from your employer as you can. What I mentioned earlier about going in and having them you know potentially charge that’s the next level up. It isn’t necessarily going to save your job, but it certainly is going to make people stand up and listen that have so far been ignoring us. So that is potentially an option.

What kind of mentality should we have going forward?

The government can take our material away but not our spirit
There’s a few things that I wanted to touch base that are not necessarily law but perhaps just to help us wade our way through some of this from a psychological perspective as well. And that is over the last century, we’ve become a very commercialized society. And everything that we do is based on commercialism. It’s all about the house we own, the car we own, the four TV’s, the gaming systems, being able to travel to tropical vacations, being able to go golfing, have the organized sports, being able to go to the movie theatres and drive-ins and restaurants. Everything that we do is revolved about spending a dollar. And the government knows this. And that’s exactly what they’re using to manipulate and control by taking away everything that we value that’s related to money. And as a wake people we need to realize that we need to stand up and start to change the way we think. And instead of putting all the value on what we have, we need to put the value on who we have. Because what we have doesn’t matter, because at the end of the day if you lose your job, yes you might lose your home, but it’s a home, you can always get another one. But you know what, if you take the shot, you could lose your life. There is no other one. Anybody around you who takes it could lose their life or become very very sick. You can’t fix that. So we do have to make some sacrifices. We have to look at how we’re going to go forward in a different type of life than what we are in now. We have to tell the government you can take our money, you can take our stuff, but you’re not gonna take us, you’re not going to control us.

The unvaccinated are the truly free people

I had a conversation with my oldest son a few weeks ago, and he had such a profound way of looking at the current situation that I want to share with you. And he said: “you know what, Mom”. He said in an actual fact, “we were the free ones. The ones with the vaccines are not.” And I said: “how do you figure that?” He said: “well, they’re the ones that actually have to show a card to get entry into a restaurant. They’re the ones that have to get permission and show a card to go to a movie theatre.” He said: “we don’t. We can turn on Netflix, have a BBQ, a few beers, in our pajamas, invite our friends over. We’re totally free.”

Help each other, fight back and get our freedom back

And not only do we have that freedom, but we have the freedom of our conscience. We have the freedom of our integrity, both mental, morally and physically. And they’ve lost it all. They have none of that. So, in reality, we are the ones that are free and they are not. And we need to rejoice in that. And we need to hold onto that thought. And we need to keep continuing to keep that freedom and to fight back to get the other freedoms that we have lost. But we, at least, have that. And I want you to keep that in mind on the days that you’re struggling, in the days that you’re suffering. And I want you to make sure that you’re reaching out to people that are of like mind for support, because it’s going to be a hard road ahead that we’re all going to be dealing with. And the only thing that’s going to get us through that is our friends in our family that can support us. And that’s the reason that we’re all here today. Every single one of us is here to support us. And I can tell you that is somebody who has gone through her own moments through all this struggle, you give me strength. And you help me to stand up stronger to do what I’m doing today and I want to thank you for that.

Posted by 云起时

Disclaimer: This article only represents the author’s view. Gnews is not responsible for any legal risks.

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