A Nova Scotia judge has sued a former chief judge and the provincial court after being pressured to reveal her COVID-19 vaccination status. Rickcola Brinton is represented by the Justice Centre for Constitutional Freedoms (JCCF) in her lawsuit against former chief judge Pamela S. Williams and the Nova Scotia court. Ms. Williams threatened Ms. Brinton with suspension and referral to the provincial judicial council for not disclosing her COVID-19 vaccination status in 2021.
In September 2021, Ms. Williams, then the chief judge of the provincial court, sent an email to all the judges of the provincial court asking if they would agree to share their COVID-19 vaccination status. Ms. Williams also asked if the information should be shared with the Nova Scotia bar. Ms. Brinton replied that she had concerns over medical privacy about the request and did not disclose her vaccination status. She expressed worries about the impact of vaccination mandates on racialized communities.
Ms. Williams met with Ms. Brinton on October 7, 2021, to discuss the disclosure of Ms. Brinton’s COVID-19 vaccination status. Ms. Brinton stated that she decided not to disclose her status as a matter of conscience and offered to get tested for COVID-19 as needed, but the offer was rejected. Ms. Brinton then went on short-term disability leave at the end of October 2021. In November 2021, Ms. Williams announced that only fully vaccinated judges would be assigned to courtrooms.
Ms. Williams later wrote to Ms. Brinton stating that her short-term leave continuation would not be approved unless she provided evidence of disability. Ms. Williams warned that if Ms. Brinton continued to refuse to disclose her vaccination status, she would not be allowed to be involved in person-to-person proceedings and could face suspension. Ms. Brinton raised concerns about medical privacy and the impact of disclosure on judicial independence.
Ms. Brinton’s lawsuit names several parties as defendants, including Ms. Williams and the Attorney General of Nova Scotia. She seeks damages for the violation of her judicial independence and medical privacy. The lawsuit stems from the pressure she faced to reveal her vaccination status. An internal memo revealed that over 10 percent of Canadians did not disclose their vaccination status when polled by federal pollsters in 2022, highlighting issues of social desirability in reporting vaccination status.