Legal Challenge No. 2

Legal Updates

Legal Challenge No. 2 - Long-Term Care, Early Education, and Residential Facility Employees 
vs Government of New Brunswick

This is a challenge to the constitutional validity of the Government of New Brunswick's vaccine mandate applicable to employees of long-term care facilities, early learning and childcare centers, and community placement residential facilities. A Notice of Application, supporting affidavits of the Applicants, and Jim Furlong's expert report were submitted for filing with the Court of Queen's Bench in Fredericton on December 17. We await response from the court as to a hearing date. Copies of the Application and evidence submitted to the Court are below.

This application is set to be heard in the Court of Queen’s Bench in Burton, NB on August 4, 2022. As a result of the decision in Challenge #1, we were in the process of amending this Application to include only non-unionized child care workers when the NB Government repealed the Covid-19 Preventative Measures Regulation that we were challenging.  We are in the process of reviewing with legal counsel the merits of proceeding with this challenge now that the Regulation has been repealed. 

Documents