We look forward to a court challenge to the vaccine passport, legal experts say


According to experts, the adoption of vaccine passports by the three Canadian states, the federal government, and many universities faces legal challenges, and it is constitutionally necessary to require vaccination in such situations. Have the court consider whether it is a legitimate reduction in the rights and freedoms of the.

British Columbia August 23 Persons over the age of 12 will be required to certify vaccinations from September 13th at restaurants, recreational facilities, casinos, ticketed sporting events, weddings, conferences and other indoor organization gatherings. Quebec’s Mandatory Immunization Passport for Mandatory Services September 1st, in the meantime Manitoba is needed Employees in all states who are fully immunized or undergo regular inspections by October 31 in collaboration with vulnerable populations.

If re-elected on 20 September, the Commonwealth Liberal Party will require all federal civil servants and employees and passengers in the federal regulated aviation, rail and shipping sectors to be vaccinated as early as the end of September. I will travel by cruise ship by the end of October.

Lisa Bildi, interim president of the Judiciary Center for Constitutional Freedom, told the Epoch Times that such measures violated the constitutional rights of Canadians.

“The rights of the Charter violated by compulsory vaccine obligations are s. 7 (freedom and security of man) and 2 (a) (freedom of conscience and religion),” Bildi said in an email. ..

“There may also be debate under s. Create 8 (Right to Privacy) and Section 15 (Right to Equality). These violations of the Constitutional Protection of Canadians’ Right to Physical Autonomy and Conscience Is not yet known if will be endorsed under Section 1 of the Charter. “

Section 1 states that the Charter “guarantees the rights and freedoms set forth in the Charter, subject to only such.” Reasonable restrictions It is stipulated by law so that it can be clearly justified in a free and democratic society. Lorient Hardcastle, an associate professor at the University of Calgary, said this meant that the government’s response would prevent harm and should not cause it unreasonably.

“The harm the government is trying to avoid is always on one side of the proportional equation, and the steps they take are on the other side,” Hardcastle said in an interview.

“Of course, courts do not like full or absolute rights restrictions, so courts are more likely to uphold vaccine obligations related to the achievement of time-limited or specific benchmarks. I prefer a more carefully coordinated plan. “

BC vaccine requirements are valid until January 31, 2022, but may be extended. Other states may impose similar obligations as those set by BC, Quebec, and Manitoba, and Hardcastle said that each state following the proceedings would increase the likelihood that the court would allow all of them to continue. Stated.

“The more governments that have done this, the broader this will start to look like a proportional response, and such interstate comparisons are fairly common in that Section 1 analysis. “She said.

“It’s likely to be illogical and very unconstitutional.”

“It is the government’s responsibility to prove that these obligations are clearly justified, based on credible evidence of vaccine efficacy and the actual risks posed by COVID-19,” Bildi said. .. However, she added that the nature of the government’s “comprehensive obligations” suggests other issues in justifying the appropriateness of the government’s response.

“”[T]It’s a bit too wide because they capture everyone: theirs, whether they’re front-line workers with vulnerable people or bank employees sitting alone in a vault. Regardless of the risk profile (the working-age population or younger is at risk from COVID for older people), and whether someone already has strong immunity from a previous infection, “she said.

“As a comprehensive mission issued by the government, they are very likely to be illogical and unconstitutional.”

Bildi is that Vaccine revealed Do not stop the virus infection. A better approach is to use them “as a cure for vulnerable people and the elderly, to keep them safer from serious consequences”.

“If they do not stop the infection, vaccine passports do not provide a rational relationship with their stated purpose, other than the disciplinary targeting of those who choose not to take the vaccine for any reason. “She said.

“They are [also] It helps to further disrupt the already polarized society and lead to increased hostility that can lead to actual conflicts if we are not careful. “

University vaccination obligation

The Justice Center has launched a Campus Vaccine Index page on its website to provide advice on vaccination requirements at 61 publicly funded universities in Canada.

Vaccination is required on some campuses in Nova Scotia, Ontario and Saskatchewan. NS BC man date Post-secondary students must be vaccinated to access campus residences.

By email on June 18th, Seneca College, Toronto Notified students and employees This means that you will need vaccinations to come to campus in the fall semester. On behalf of two female students who are unable to complete the course online and must complete it on campus, the Legal Center wrote to Seneca and legal action if the school does not lift the vaccine requirements for the two students. I have notified you to start. The center did so on August 24, after no response from Seneca.

“If students do not submit and receive the new COVID-19 vaccine, it is unethical and illegal to use coercive and intimidating tactics to threaten to destroy their educational and career prospects,” the judiciary said. Alison Pejobic, a staff lawyer at the center, said: Press release..

“We strongly defend these women and their right to physical integrity and the freedom to choose the treatments they give, without fear of being denied their education. So individuals have the right to choose what to inject into their body. “

The judicial center states that the position is “a violation of mandating vaccination under most circumstances.” [Canadians’] The right to physical autonomy and other charter-protected conscience and religious freedom, the right to movement, the right to freedom, and human security. “

Lee Harding

Lee Harding is a Saskatchewan-based journalist and think tank researcher and contributor to The Epoch Times.