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.
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.
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
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.
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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“Faced with increasing transmission, the Ontario government designated SARS as a reportable, communicable, and virulent disease under the Health Protection and Promotion Act on March 25, 2003”
2) Without uniform airborne IPAC in hospitals & LTC facilities Toronto became the largest SARS outbreak outside of Asia, yet only Economic Sanctions spurred action. Nurses were brow beaten & bullied for sounding the alarm between waves. theglobeandmail.com/news/national/…
3)
June 2003
ON gov creates SARS Commission
Terms of Reference make it clear Commission can investigate but CAN'T “express any conclusion" that makes "any findings of fact with respect to civil or criminal responsibility of any person or org" archives.gov.on.ca/en/e_records/s…
The distinction between
Private Sector & Public Sector
Is NOT based on Ownership
Profit model is the Dividing Line
2) Why this Matters
Wages of Public Sector employees are capped at 1% under Bill 124 but Senior Executives don't share a similar fate, exempt under the Broader Public Sector Executive Compensation Act
Public Sector above $100 000 appear on Sunshine List, Private Sector Exempt
3)
HC workers are leaving in droves but they don’t have to head south of the border
or trek cross country to make more money since Bill 124 & the Broader Public Sector Executive Compensation Act does
NOT apply to Private Sector Corporations
2)
Occupational Health and Safety Act (OHSA) sets out the rights and duties of all parties in the workplace, as well as the procedures for dealing with workplace hazards and for enforcement as needed. ontario.ca/document/guide…
3)
The Minister of Labor (MOL) is responsible for the administration of the OHSA ontario.ca/laws/statute/9…
Establishment
3 The Public Health Agency of Canada is established for the purpose of assisting the Minister in exercising or performing the Minister’s powers, duties and functions in relation to public health. lois-laws.justice.gc.ca/eng/acts/P-29.…