“The word mandatory kind of sets people off... because you envisage someone being held down and forcibly injected against their will,” she says. “What we mean, in our paper, is that there would be consequences for somebody who chose not to be vaccinated.” https://www.canadianlawyermag.com/practice-areas/labour-and-employment/mandatory-vaccination-for-healthcare-workers-could-survive-charter-challenge-medical-journal-report/337684
“Although a mandate that health care workers must be vaccinated, or else stay home without pay, could be the subject of a Charter challenge, governments should be able to successfully defend such a challenge,” the authors conclude.
“Any government could also argue that vaccination of healthcare workers without clear evidence of reduced viral transmission is justifiable, given the severity of the COVID-19 pandemic.”
“Flood adds that “it matters” whether mandatory COVID-19 policies would be imposed by employers (hospitals, long-term care homes) or governments directly.”
“The Charter has not historically protected economic interests and the “right to work,” but even if challengers were successful in proving a breach to the Charter had occurred, ...
...Flood says they would still have to establish that the deprivation was not following the principles of “fundamental justice.”
How to throw the Fundamental Charter of Rights & Freedoms out the window 101.
Can we get @JCCFCanada and @rpoconnor’s attention here?
Can we get @JCCFCanada and @rpoconnor’s attention here?