Nova Scotia Judge Loses Another Court Battle Over Vaccination Status Disclosure

Judge Rickcola Brinton of Nova Scotia's provincial court has experienced another loss in her legal struggle concerning her refusal to reveal her COVID-19 vaccination status. This case traces back to an October 2023 ruling by Chief Justice Michael Wood, who serves as the chair of the province’s judicial council. Brinton sought a review of that ruling after Wood dismissed her complaint against former provincial court chief judge Pamela Williams, who had allegedly threatened Brinton with suspension for not disclosing her vaccination status.

Last week, Nova Scotia Supreme Court Justice Christa Brothers determined that the original decision made by Chief Justice Wood was reasonable and did not violate procedural fairness. The judgement indicated that Brinton's complaint lacked sufficient basis to establish any judicial misconduct against Williams. Justice Brothers emphasized that the decision made by Wood was characterized by fairness and clarity, indicating that Brinton did not possess standing to challenge it.

Brinton had claimed in her June 2023 complaint that Williams applied excessive pressure on her to reveal her vaccination status and wrongfully obtained medical information from her physician regarding Brinton's subsequent short-term leave from work. In their arguments against Wood's ruling, Brinton's attorneys stated that the process was mishandled, and Brinton did not get the opportunity to rebut claims incorporated into Wood's decision.

Justice Brothers pointed out that Williams’s actions—in assigning judicial duties and inquiring about Brinton’s medical leave—were well within the purview of her role as chief judge. Importantly, she noted that Brinton’s economic rights were not compromised as she was never suspended from her duties. Brinton continued to handle court cases in person until her medical leave began in October 2021, from which she remains absent.

Brothers clarified that her ruling was not concerned with the provincial vaccine mandate, despite Brinton seemingly intertwining her arguments with that specific issue. The complaint's focus should not hinge on the policies enacted by Chief Judge Williams regarding vaccinations, a matter that has not been under judicial review. Additionally, a separate civil lawsuit brought forth by Brinton against both Williams and the provincial attorney-general had previously been dismissed by the Nova Scotia Supreme Court in October.