Czech court bans Covid-based nosing around. Where’s Canadian courts’ courage?

A Czech citizen asked her country’s Constitutional Court to tell her how many Honourable Justices sitting there have been inoculated against the so-called Covid-19 virus.

The lady based her request on a Czech version of what is known as Freedom of Information, known also in her country as Law 106/1999 Sb.

The Constitutional Court of the Czech Republic (thus the official title) is a specialised judiciary office that works outside of the general judiciary system. Its objective is to guarantee that the legal system respects the Constitution, and that both citizens and legal entities’ basic human rights are protected within the Constitution. This includes protection from all court decisions within the judiciary of the Republic that the Constitutional Court finds in contradiction with the Constitution and its order.

Altogether, 15 Justices sit on the Constitutional Court, including a Chairman and her/his two Deputies.

Why the definition?

Because the Constitutional Court of the Czech Republic rejected the request by the said citizen, and, in its ruling, it turned the current official behaviour upside down.

The fundamental reasons were obvious to anyone who respects democracy, and they should become obvious to all Canadian officials who, either as representatives of government, or as business owners, try to implement orders that go beyond being illegal.

What they said

From the Czech Constitutional Court’s explanation (it’s here, in all of its beauty, for those who know how to read Czech and understand):

“Information concerning the inoculation of a physical person against the disease Covid-19 is considered to be data about health situation because it attests to the fact that a certain person has received a certain medical service by a medical service provider (s/he received a vaccine.

“This information is characterised as highly confidential and is specifically protected. Inoculation against an illness caused by the Covid-19 virus is voluntary. Similarly as with others medical procedure, it is upon each physical person to decide whether to undergo a medical procedure, and with whom to share information about it.”

To make sure everybody understands what they meant, the Czech Republic Constitutional Court’s Justices added: “Voluntary inoculation does not influence the ability to perform one’s work.”

Stripped of all legalese: Czech citizens aren’t obliged to tell anybody whether they are or are not inoculated. That, of course, means that nobody has the right to demand such information from anybody.

That includes employers, restaurant personnel of hairdressers. Everybody, to put it bluntly, acts illegally by even broaching such questions.

And should anyone try to sanction anybody else (fine, unpaid leave, dismissal from work), they are acting illegally and their decision is null and void, based on the latest Czech Republic Constitutional Court’s decision.

What does all this mean for ordinary Czech Joes and Marys?

  • If anyone asks any inoculation question, don’t tell them and don’t show them anything.
  • If any employer asks their employees for such information, beware, they are violating the Constitution. And should they impose unpaid leave or dismissal for their employees’ refusal, it’s going to cost them.
  • All restaurateurs or sundry services providers should stay away from any such checking, too. Should the medical officers or other such busy bodies try to impose fines on them, a call to the Constitutional Court would suffice: somebody else would be fined, such as the medical officers or other busy bodies.

Czech lawyers went so far as to suggest that restaurateurs and service providers should print the Constitutional Court’s decision in full, have it laminated, and attached to the entrances to their establishments.

Should any medical officer or any other busy body ask them whether they asked their clients about their inoculation status, restaurateurs and service providers should only say that their clients replied they use their right to keep it their own secret.

And that only if they don’t want to have any confrontation right in the open.

As Czech lawyers concluded, should any medical officer or any other busy body insist that they must get this information or else, they would be charged with and found guilty of criminal charges known as extortion and oppression.

All that has happened in a country that had joined the world of democracy a mere three decades ago.

What about Canada?

Canada, though part of a Commonwealth, has claimed its state as constitutional monarchy, and all nibs agree that this description equals democracy.

Canada’s judicial system differs from most judiciaries anywhere else in the world but still, her Constitution remains paramount.

It would be a great idea if someone, preferably a perfect unknown, filed a request with the Supreme Court of Canada under Canada’s Freedom of Information legislation, to ask for the Covid-19 inoculation status of its Honourable Justices.

Would they have the balls to respond that nobody’s health is of any concern to anybody but to themselves?

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