Picture: A dispute involving two Nova Scotia judges and the province’s top judge landed in Supreme Court on Thursday. (Robert Short/CBC)
Court strikes down lawsuit against Nova Scotia judge
Plaintiff had argued that forcing vaccine disclosure violated Charter rights
A Nova Scotia provincial court judge has failed in her bid to sue another judge and the province for $5 million.
In a decision released Friday, a justice of the Nova Scotia Supreme Court struck down civil actions launched by Judge Ricola Brinton against then chief judge Pam Williams and the provincial attorney general.
Brinton launched her lawsuit in September 2023, and it brought a long-festering dispute out into the open.
Brinton was upset by policies Williams introduced during the COVID-19 pandemic allowing only fully vaccinated judges to preside in the province’s courtrooms. Brinton had argued that requiring her to disclose her vaccination status was a violation of her Charter rights.
She has not presided since. Her absence has resulted in the dismissal of at least one case in which she heard the evidence and arguments but did not deliver a verdict.
Decisions ‘were hers to make’: ruling
Lawyers for Williams and the province said Brinton’s lawsuit should be struck in its entirety. They argued the decisions Williams made in her capacity as chief judge were covered by the principle of judicial immunity.
In her ruling, Supreme Court Justice Denise Boudreau agreed, saying the actions Williams took were within the scope of her responsibilities as chief judge.
“It is entirely clear, in my reading of the cases, that a judge is immune from civil action in relation to both substantive and administrative actions, taken in relation to judicial proceedings,” Boudreau wrote.
“Perhaps one could disagree with the decisions she made, but they were hers to make.”
A novel case
Boudreau also remarked on the unique nature of the case she was being asked to rule on.
“The plaintiff acknowledges that the claim she has put forward is a novel one. In fact, despite both sides presenting me with extensive case law (and I would assume having done extensive research), no one has been able to provide me with a case containing similar facts to the case at bar,” she wrote.
Brinton’s lawyers described a stay as a drastic solution to the issue.
While the lawsuits have been quashed, the dispute is not over.
Brinton has also made a complaint to the judicial counsel about the decisions Williams made. That complaint was dismissed by Chief Justice Michael Wood. Brinton is now appealing Wood’s decision.
See also:
“Dispute between Nova Scotia judges lands in court”
Nova Scotia judge launches $5M lawsuit over dispute related to COVID-19 vaccination (October 6, 2023)
N.S. judge says her rights were violated when chief judge asked about vaccine status
Michael MacDonald, HALIFAX , October 11, 2023-
A Nova Scotia judge is suing the provincial court and its former chief judge, alleging her rights to judicial independence and medical privacy were violated when she was pressured to reveal her COVID-19 vaccination status.
In a statement of claim, provincial court Judge Rickcola Brinton says that in October 2021, Pamela Williams — then chief judge — asked her to share her vaccination status. But Brinton refused, saying the question was a political issue that was causing division in the court.
The lawsuit, filed with the Supreme Court of Nova Scotia on Sept. 29, also names the province’s attorney general and the office of the chief judge.
On Wednesday, a spokesperson for the provincial Justice Department confirmed staff were reviewing the lawsuit. But the department declined to comment because the matter is still before the courts. Williams declined to comment on the court action.
None of the allegations in the statement of claim has been tested in court.
The lawsuit notes that on Oct. 6, 2021, the government of Nova Scotia announced it would require all provincial employees to be vaccinated or placed on unpaid leave.
“There was no requirement for provincial court judges to be vaccinated against COVID-19 and there was no such obligation on Brinton’s part whatsoever,” the lawsuit says.
According to the lawsuit, Williams told Brinton to work from home and handle only arraignments, assuming Brinton’s colleagues on the bench would take on the trials assigned to her. But that option proved to be unworkable.
Brinton and the rest of her family tested positive for COVID-19 in late October 2021.
A month later, Williams publicly announced that only vaccinated judges would be assigned to sit in the court. At the time, Brinton said she was suffering from overwhelming exhaustion and anxiety arising from Williams’ actions.
“(Brinton) explained that the anxiety was so severe that her body would shut down,” the statement of claim says.
Brinton, now 48, was eventually approved for long-term disability leave.
In February 2022, Williams again inquired about Brinton’s vaccination status, saying that if she refused to divulge that information, she would be suspended from her duties and her case would be referred to the Judicial Council, which handles complaints about judges.
Brinton says the chief judge improperly and unilaterally decided that only vaccinated judges would hear cases in the courtrooms, a decision Brinton says went beyond Williams’ administrative powers.
Brinton says she suffered from stress, demoralization, anxiety and depression as a result of Williams’ conduct. Now on long-term disability leave, she is living on 65 per cent of her yearly salary, which would normally be $283,000 annually.
The lawsuit also claims Brinton has suffered a loss of reputation and a loss of faith in the judicial system.
“This loss of faith has caused Brinton to acknowledge that she could no longer continue to serve as a judge of the provincial court, even if she still had that opportunity.”
Brinton is seeking damages equivalent to the value of her full salary, plus benefits until she turns 65, as well as $5 million in damages.
“Williams’ actions were unlawful, unconstitutional, deliberate and beyond the scope of her administrative authority as chief judge of the provincial court,” the lawsuit says.
This report by The Canadian Press was first published Oct. 11, 2023.