Christian activist group says vaccine legal challenge still likely

Kattina Anglin, at a demonstration on 2 Oct., opposing government's plans to introduce mandatory vaccinations in Cayman. - Photo: Screengrab from Cayman Compass video

The Christian Association for Civics and Political Education intends to move ahead with plans to take legal action challenging the introduction of mandatory vaccinations for non-Caymanians.

Kattina Anglin, the association’s public relations officer, speaking to the Compass last week after the passage of two bills that require work permit holders and other categories of expatriates in Cayman to be vaccinated, said it was against human rights and “established medical principles” to mandate medical treatment on any resident.

She said the association believes the legislation effectively forces people who want to remain in Cayman and in their jobs to get vaccinated, even if they are opposed to it for religious reasons or because they have reservations about taking a new vaccine that they feel has not been available for enough time to enable long-term effects to be known.

“We have promised we will support any legal action against whatever laws the government makes that forces the vaccination of so many citizens and residents of this country. It is against human rights and we don’t support it,” she said.

KSG Attorneys at Law, on behalf of the Christian Association for Civics and Political Education sent a ‘Letter Before Action’ to MPs, Governor Martyn Roper and Chief Medical Officer Dr. John Lee on 7 Sept., outlining its objections to the bills, which it says are discriminatory and contrary to provisions under the Cayman Islands Bill of Rights.

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In the letter, the attorneys state: “In the event that the Government does pass a law to this effect, our client gives notice that it will challenge the law through judicial process, including the seeking of a declaration of incompatibility under section 23 of the Bill of Rights.”

Section 23 states: “If in any legal proceeding’s primary legislation is found to be incompatible with this Part, the court must make a declaration recording that the legislation is incompatible with the relevant section or sections of the Bill of Rights and the nature of that incompatibility.”

Law firm HSM has also highlighted some of the legal issues surrounding the legislation.

Members of Parliament on 5 Oct. passed the Immigration (Transition) (Amendment) Bill and the Customs and Border Control Amendment Bills. Following two days of debate, a number of amendments were made at the committee stage, removing requirements for children and dependents of Caymanians applying to enter Cayman to be vaccinated.

The final wording of the amended bill had not been published as of Monday morning.

During the debate, Opposition members queried why government pressed ahead with the bills, with a shortened public consultation period, when it was likely they would be challenged in court.

Attorney General Samuel Bulgin, in the debate, defended the legal standing of the bills, and said they were based on sound constitutional law.

Anglin said her organisation is planning to raise money to fund the planned legal action.

She said that even though the legislation no longer includes mandatory vaccinations for those with ties to Caymanians, some local businesses have been requiring Caymanian staff to be vaccinated, and she felt there were also grounds to legally challenge that.