Sean Ward’s death in synagogue attack should not taint COVID-19 lawsuit he and other ex-soldiers filed: lawyer

The shocking death of Sean Ward in a shootout with police protecting a Belleville synagogue from his “hate-motivated” attack should not taint the public’s view of a large lawsuit he was part of against the Canadian military’s COVID-19 mandate, says his lawyer.

“There is an obvious risk that intense public attention focused on one plaintiff may obscure the experiences of the many other military members and veterans involved in these proceedings,” Catherine Christensen, the lawyer for dozens of Canadian soldiers and former soldiers named in the lawsuit, told National Post.

“The events in Belleville involving Sean Ward and police outside the Sons of Jacob Synagogue were extremely serious. Our thoughts are with the injured police officer, the members of the congregation, and everyone affected,” she said.

“Sean Ward was one individual claimant among a large number of serving and former CAF members who have sought legal remedies arising from the vaccination directives, the exemption and accommodation process, administrative measures, releases, and resulting career consequences.

“The litigation did not originate with Mr. Ward, and its factual and legal foundation does not depend upon him.”

Ward, 29, was involuntarily discharged from the Canadian Armed Forces in 2022 when he was deemed “unsuitable for further service” after defying the military’s vaccine mandate during the pandemic, according to court documents. He was seeking $1.5 million in general damages and additional compensation for a financial loss of $140,000.

He was one of 128 members and former members of the Canadian Forces who claimed their military careers were damaged or destroyed by a mandatory COVID-19 vaccination mandate.

The lawsuit describes Sean Douglas Reginald Ward as holding the rank of corporal in the infantry with the 3rd Battalion Princess Patricia’s Canadian Light Infantry, based at Canadian Forces Base Edmonton. The lawsuit claims Ward refused to be vaccinated “on religious grounds” but his exemption was denied by military officials.

“Beyond information contained in that (court) record, we will not discuss confidential communications relating to Mr. Ward or any other client,” Christensen said.

“The circumstances surrounding Mr. Ward’s death remain the subject of investigation. Police have publicly stated their conclusions concerning the nature and apparent motive of the incident. Mr. Ward is deceased, those allegations will not be tested through a criminal trial, and it would be inappropriate to speculate about his intentions or state of mind,” she said.

Belleville’s Chief of Police, Murray Rodd, said Ward came heavily armed with a shotgun, other undisclosed firearms, a significant amount of ammunition, containers of gasoline and additional resources in a planned attack on the synagogue where about 25 people had gathered for Yom Kippur, the holiest day in the Jewish calendar.

Rodd said during a firefight with two police constables outside the Sons of Jacob Synagogue Ward yelled, “You are going to die for the Jews.” One officer was seriously injured when ambushed by Ward, who was shot and killed by police. “This was a targeted attack against the Jewish community. The suspect had the means, the motive and the mechanisms to cause a mass casualty and the destruction of the Jewish synagogue,” Rodd said.

“It is equally important that the public understand the much broader history of the litigation,” Christensen said of the ongoing COVID lawsuit.

“The present proceeding is not the first large civil action brought by CAF members arising from the COVID-19 vaccination directives. An earlier Federal Court mass tort proceeding was commenced on behalf of approximately 330 serving and former members and advanced constitutional and civil claims arising from the mandate and its enforcement.

“That earlier proceeding was struck at the pleadings stage on a technical issue. The underlying allegations concerning the CAF vaccination policy were therefore not determined following a trial on the evidence.

“The claims raise questions concerning the legality of those measures, the accommodation framework, the administrative and career consequences imposed on members, and the constitutional and other legal obligations of the Canadian Armed Forces and the Government of Canada,” she said.

She said those issues need to be heard and considered separately from the circumstances of Ward’s death and the attack at the synagogue.

“Hundreds of serving and former CAF members have pursued grievances or litigation arising from the vaccination policy over a period of several years. They have different service histories, different circumstances and different experiences under the policy. Their claims should be understood on their own facts.”

In a statement of defence filed in court by Department of Justice lawyers, the Canadian government and military “deny each and every allegation” in the lawsuit.

The government defended the vaccine mandates in a court filing as having a primary objective of protecting the “readiness, health, and safety of the Force, the entire Defence Team, as well as members of the public they may be called upon to serve.” The government says “a member’s failure to comply with the Directives demonstrates an unwillingness to obey and support lawful authority.”

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