N.S. judge says her rights were violated when chief judge asked about vaccine status

CITYnews halifax / By Michael MacDonald, The Canadian Press

HALIFAX — A Nova Scotia judge is suing the provincial court and its former chief judge, alleging her rights to judicial independence and medical privacy were violated when she was pressured to reveal her COVID-19 vaccination status.

In a statement of claim, provincial court Judge Rickcola Brinton says that in October 2021, Pamela Williams — then chief judge — asked her to share her vaccination status. But Brinton refused, saying the question was a political issue that was causing division in the court.

“When they spoke, Williams attempted to persuade Brinton to change her mind,” the claim says. “Brinton explained that her position was a matter of conscience and a result of prayerful contemplation.”

The lawsuit, filed with the Supreme Court of Nova Scotia on Sept. 29, also names the province’s attorney general and the office of the chief judge.

On Wednesday, a spokesperson for the provincial Justice Department confirmed staff were reviewing the lawsuit. But the department declined to comment because the matter is still before the courts. Williams declined to comment on the court action.

None of the allegations in the statement of claim has been tested in court.

The lawsuit notes that on Oct. 6, 2021, the government of Nova Scotia announced it would require all provincial employees to be vaccinated or placed on unpaid leave.

“There was no requirement for provincial court judges to be vaccinated against COVID-19 and there was no such obligation on Brinton’s part whatsoever,” the lawsuit says.

According to the lawsuit, Williams told Brinton to work from home and handle only arraignments, assuming Brinton’s colleagues on the bench would take on the trials assigned to her. But that option proved to be unworkable.

Brinton and the rest of her family tested positive for COVID-19 in late October 2021.

A month later, Williams publicly announced that only vaccinated judges would be assigned to sit in the court. At the time, Brinton said she was suffering from overwhelming exhaustion and anxiety arising from Williams’ actions.

“(Brinton) explained that the anxiety was so severe that her body would shut down,” the statement of claim says.

Brinton, now 48, was eventually approved for long-term disability leave.

In February 2022, Williams again inquired about Brinton’s vaccination status, saying that if she refused to divulge that information, she would be suspended from her duties and her case would be referred to the Judicial Council, which handles complaints about judges.

Brinton says the chief judge improperly and unilaterally decided that only vaccinated judges would hear cases in the courtrooms, a decision Brinton says went beyond Williams’ administrative powers.

As well, Brinton argues that Williams violated her right to medical privacy by asking Brinton’s doctor to provide details about her medical issues.

Brinton says she suffered from stress, demoralization, anxiety and depression as a result of Williams’ conduct. Now on long-term disability leave, she is living on 65 per cent of her yearly salary, which would normally be $283,000 annually.

The lawsuit also claims Brinton has suffered a loss of reputation and a loss of faith in the judicial system.

“This loss of faith has caused Brinton to acknowledge that she could no longer continue to serve as a judge of the provincial court, even if she still had that opportunity.”

Brinton is seeking damages equivalent to the value of her full salary, plus benefits until she turns 65, as well as $5 million in damages.

“Williams’ actions were unlawful, unconstitutional, deliberate and beyond the scope of her administrative authority as chief judge of the provincial court,” the lawsuit says.

This report by The Canadian Press was first published Oct. 11, 2023.

Michael MacDonald, The Canadian Press