We have recently come across FedsForFreedom website and their guide for NOL serving process (scroll down for the guide and forms). After careful analysis, it appears that their process is better than just serving action4canada NOLs and being done with it. It is using The Bill of Rights and not Charter of Rights, as Charter of Rights can be limited by the Government and The Bill of Rights requires an Act of Federal Parliament to override the rights in the Bill, which did not happen. (see more details here)
Everything on this page is based on the documents published at the above link. I just converted some of them to .rtf format editable on any platform with any editor, so they can be easily adjusted to include your name, address, names of people being served, and account of the events that are necessary for a proper NOL: you have to say what exactly was done to you that was unlawful and wrong. I also edited some of it to better reflect our situation.
I encourage you to go to the original link and read by yourself too. Below, I’ll summarize it with all the docs necessary and this is what I, personally, would do. Use at your own risk. If you need any document here in another format, let me know, I’ll convert it for you.
Note, all the province-specific references are for Ontario. (Bill 218, Ontario Health and Safety Act, Freedom of Information and Protection of Privacy Act of Ontario and some other ones)
People in other provinces, tell me, do you need me to go find appropriate references for your province, or you can find them? Post a comment to email to firstname.lastname@example.org I’ve gotten a request for AB and tried to adapt it for AB. Unfortunately, I realized that because I’m not a lawyer or even a paralegal, it’s a very slow process and I’m not sure about the end result. So, unfortunately, I can’t help with adapting it for other provinces. I’d ask a local paralegal to help.
Step 1: PRE-NOL Form
It is recommended to serve PRE-NOL letter before NOL. This document includes information on the vaccines, the PCR test and includes references to scientific evidence and various court rulings. The purpose of this document is to prevent anyone from hiding behind using “good faith” and “reasonable steps to protect workers” under Bill 218 that was passed in Ontario in an attempt to protect employers.
Serve it in person or email it to your immediate manager. Can be done at the time they start to push and threaten. Ask them to read it first, before continuing the conversation with you. Once they read it, they are informed. If that meeting and a conversation go to HR, serve it to the HR employee as well. If Steward refuses to help, serve them too. This is to inform all of them of their personal liability for their actions.
If sending by email, ask them to sign it and return it to you. Chances are, they won’t, but if they reply to you “hell no, I won’t sign it”, that’s good, it’s your proof that they have seen it.
After serving PRE-NOL, ask for the current policy in writing and whatever their disciplinary action will be, also in writing. Also a good idea, to ask for a copy of your contract with the company.
File a grievance with the Steward. If one doesn’t want to help, serve them with PRE-NOL and find another one.
Go home (if sent home).
Step 2: Process the Notice of Liability
Once you’re home, start preparing your Notice(s) of Liability. Every NOL needs to be personal and related to a specific set of events. Open the document now and the following notes will make more sense.
STATEMENT OF FACTS – you need to make it your own
That’s where you describe who has done what to violate your rights. You will state who you are and what you were doing. Who did what to infringe on your rights. An example statements are in the file, use them to create a simple statement of events to reflect what actually happened. Remember, the NOL is one per person, so if you had a conversation with your manager and HR, they will have separate NOLs with a slightly different statement of facts focused on their actions.
HARM CAUSED – put the right name there
The harm done is the violation of the right to informed consent, the right to privacy, assault or attempted assault
The legal basis for your claim of liability is based on breach of oaths, common law, and criminal and civil law.
ATTEMPT TO RECTIFY THE MATTER – put the right name there
Chance for rectification 7 days (you can change the duration). Tell them here exactly what they can do to rectify the matter and give them 7 days to do so.
IF THE MATTER IS NOT RECTIFIED IN 7 DAYS – put the right name there and adjust the heading if it’s not 7 days
If the parties do not rectify the matter, compensation for the violation of your right to privacy, informed consent, loss of income will be sought through private collections, criminal and civil court. The standard amount that the court award for violation of a right is $5,000 per right, for a maximum of $35,000 per claim if multiple rights were violated. You can also ask to be compensated for your wasted time, and whatever other losses you had, for example, you might have had a panic attack because of this aggressive confrontation with the manager.
An affidavit is needed as it contains a verification, which means that it is made under oath on penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings.
Download and open the affidavit file.
Replace the first 3 items with your statement of facts from your NOL. Correct the numeration if necessary.
Remove statements highlighted in yellow and select an appropriate section on the bottom depending on if you’re in the same city as the commissioner of oath.
NOTE: do not sign the affidavit until you meet with the notary/commissioner, they will watch you sign.
Have it notarized or signed by a commissioner. It can be signed for free by the commissioner at a courthouse. Or, the easiest option is to use online/zoom notary public such as notary-toronto.ca. It cost $10 per document. If this one is not available, just google “online notary public” and find one that works.
Serve the NOL
Serve the NOL to the individual with the affidavit as an appendix in person, by registered mail or by email (request a confirmation on open if your email allows that)
After 7 days (or whatever time you gave them)
After the 7 days (or whichever time frame has been stated under the rectification section), issue the final invoice for the amount you have claimed on the NOL, with a 45-day payment term.
After 45 days if invoice hasn’t been paid
If the invoice hasn’t been paid after 45 days, you can begin the collections process and start the court proceedings.
NOTE: the small claims court claim must be filed within 2 calendar years from the date the incident occurred, NOT the date of the invoice, the date of the incident.
Options for private collection (from the fedsforfreedom guide):
- Directly contacting the person who now owns your money and demanding it on a regular basis: contact them directly by phone or email demanding payment.
- Engage in a collection agency to do the chasing.
- Report them to credit companies such as Equifax.
- Lien their home until you are finished in court.
- You can also boycott and picket the establishment that has hired and instructed the worker to violate your rights to informed consent and privacy.
The bottom line
Do not quit your job!
And do not quit standing up for your rights!
UNITED WE STAND!
Disclaimer: There are no guarantees if you use any of these letters/processes. All content of this page is a personal view and opinion of a private citizen and not legal advice. Use at your own risk and be prepared to be terminated. If you’re terminated, you will be protected by the Union representation, and failing that, you can file a complaint with the CIRB. You can also be a part of the constitutional challenge (see the next action).
Questions? Comments? Suggestions? – Comment below.