1) Problems with the Precautionary Principle
What is the Precautionary Principle?
Simply Put – Better Safe than Sorry
2)
While the roots of the Precautionary Principle are grounded in Environmental legislation, ranging from international conventions to Federal, Provincial & Territorial laws its application has been met with constant resistance.
Same pitfalls in PH/OCHS
willmsshier.com/docs/default-s…
3)
Rolling List of Problems
with the Precautionary Principle
4)
Problem: PRINCIPLE EXPRESSED
VARIABLY IN LEGISLATION
publications.gc.ca/collections/Co…
5)
Problem: COURTS AND TRIBUNALS INTERPRET AND APPLY PRINCIPLE INCONSISTENTLY
6)
Problem: CANADA’S Apathetic APPROACH
Canada’s approach to the Precautionary Principle stands in contrast to many other nations, there’s No Impetus to create a
Better Framework.
7)
Taken collectively these problems shred the intent of the Precautionary Principle & eviscerate its efficacy as a tool to hold government accountable in Courts of Law.
8)
Precautionary Principle
Applications Relevant to Public Health Emergency Preparedness
publichealthontario.ca/-/media/Docume….
9)
We see the Precautionary Principle
codified in the ⬇️
Occupational Health and Safety Act, R.S.O. 1990, c. O.1
ontario.ca/laws/statute/9…
➡️Duties of employers
(h) take every precaution reasonable in the circumstances for the protection of a worker
10)
Precautionary Principle Loophole
= Public Health
kmlaw.ca/olrb-clarifies…
11)
OLRB Clarifies the Scope Of the Precautionary Principle In the Context Of the Pandemic
kmlaw.ca/olrb-clarifies…
12)
Sage advice to establish a Culture of Safety
Summarily Cast aside
by the PC Party in Ontario
nursesunions.ca/position-state…
13)
HPPA Section 77.7
ontario.ca/laws/statute/9…
Leaves the Precautionary Principle open to interpretation, relying on an opinion that must be filtered, aligned & rubber stamped by the Ministry of Health before it even exists.
14)
Why didn’t Canada’s public health agency take the precautionary approach and assume at the beginning of the pandemic that COVID-19 can be transmitted through the air?
thestar.com/politics/feder…
15)
How Canada Failed Our Health Care Workers and Mismanaged COVID-19
atimeoffear.com
If Canada is to protect its health care workers, and the public, during a public health crisis such as COVID-19, it must embrace the Precautionary Principle
Pg 172⬇️
16)
"In key areas, we just didn't take a precautionary approach," Possamai said. "The kinds of arguments that the federal government made at the time didn't make sense then, and make even less sense now."
cbc.ca/news/health/co…
17)
Possamai positions March 9 2020
as the moment Ontario abandoned
the Precautionary Principle.
Dogma, Hubris, and the Forgotten Lessons of SARS-1
18)
Easily swayed by the IPC community the Ontario Gov downgrades PPE standards with Deadly Consequences.
Exhibit A
theglobeandmail.com/canada/article…
Exhibit B
thestar.com/politics/provi…
19)
Court Upholds CMOH Directives #1 and #5 as Reasonable and Consistent with the Precautionary Principle
hicksmorley.com/2021/09/30/cou…
20)
Ontario Nurses’ Assn. v. Chief Medical Officer of Health (Ontario), 2021 ONSC 5999
canlii.org/en/on/onscdc/d…
21)
COVID-19 Reflections by the Auditor General
auditor.on.ca/en/content/spe…
22)
COVID-19 Reveals
how little has changed since SARS
Pg 150
static1.squarespace.com/static/5f6cf5f…
23)
Precautionary Principle is codified
But rendered inert by a 3-pronged attack
#SuccessfulSeizure
1➡️OCHS
2⬇️PH
Leaving Ample room to circumvent Precautionary Principle &
Expose workers to Hazardous conditions.
24)
2 ⬇️#Failure
Failure to uphold the intent of OHSA, to recognize & eradicate hazardous working conditions, & to designate COVID as a BIOLOGICAL AGENT capable of causing Harm.
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