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4 durhamcitizen.ca August 31, 2021

Companies are implementing vaccine

mandates. Can employees reject them?

F e d e r a l a n d p r o v i n c i a l misconceptions and incorrect Policy & Ethics, says he believes
governments, private businesses as assumptions about the law around challenges under Section 7 are
well as Canada's biggest banks have vaccination mandates. unlikely to be successful because
in recent weeks announced plans "They can't necessarily compel, but that section doesn't protect an
t o i m p l e m e n t m a n d a t o r y they can certainly ask for evidence individual's economic interests or
vaccination policies for many of of vaccination because they have "your ability to retain a job."
their returning staff. an underlying obligation to that Section 15, which offers protection
These vaccine mandates require worker and others in the workplace from discrimination, could also be
their employees to be vaccinated to provide a healthy and safe invoked but Thomas says he
against COVID -19. But do workplace," he said in an interview. believes it would fail as an
employers have the right to impose H o w e v e r, To r o n t o - b a s e d argument because an employer is
s u c h m a n d a t e s ? W h a t i f employment lawyer Howard Levitt not actually discounting anyone's
employees refuse? said that in Canadian law, safety interests.
CBC News looks at the legal issues always trumps privacy. That means "[They're] making up kind of this a
these mandates raise. employers will be permitted by the legitimate form of discrimination
Do companies face legal hurdles in courts and arbitrators to have and saying, you know, you
imposing vaccine mandates? compulsory vaccination policies, unvaccinated person pose a great
That will likely depend on the except for religious and medical "Your employer doesn't even need a human rights codes, those kind of risk to yourself and to others by
particular circumstances that an exemptions. reason to let you go as long as the things. But only government action entering the workplace," said
employer and employee find proper amount of severance is is restricted by the charter.” Thomas.
themselves in, says Toronto-based Can a company fire an employee paid.” Section 2A, the so-called religious
employment lawyer Alex Lucifero. who refuses to get vaccinated? What charter rights might e xe m p t i o n , o r f re e d o m o f
And the law will differ, he says, "I believe they have the rights as an What about charter rights to apply to vaccine mandates? co n s c i e n ce , co u l d a l s o b e
based upon a number of factors — employer to mandate it and to protect me if I don't want to be There are potentially at least three applicable.
for example, the particular terminate people who won't vaccinated? sections of the charter that could Parkes and Mathen wrote that this
industry, or whether the employees comply," Levitt said. What's important for people to be used by a government employee an underdeveloped area of charter
are unionized. Lucifero said someone who refuses understand, says constitutional to challenge a vaccine mandate, law, but could be relevant "where a
“There'll be a bunch of different to adhere to an employer's vaccine expert Wayne MacKay, professor including Section 7 — the right to person has a sincerely held belief
factors that will be taken into mandate because of a medical emeritus of law at Dalhousie life, liberty and security of the that the vaccination is harmful to
consideration," he said. "I imagine condition or religious belief cannot University, is that the Charter of person. their health or, in some other way,
eventually there will potentially be be fired because that would be Rights and Freedoms only applies That could be cited to challenge "a deeply wrong."
different laws for different considered discrimination under to government action. That means, policy that seems to coerce people But Thomas said someone who is
industries or groups of employees. the human rights code. w h e n i t co m e s to v a cc i n e into getting vaccinated," wrote vaccine hesitant, for example,
For that reason, it makes it "But the reality is that your mandates, the charter only applies University of B.C. law professor couldn't claim that's a freedom of
extremely complex and there is no employer can let you go because for government workers refusing Debra Parkes and University of conscience issue.
'one size fits all' answer." you haven't been vaccinated. An such a decree. Ottawa law professor Carissima "The courts have a more rigorous
Employment law yer Adam employer can actually let you go for "It doesn't apply to private Mathen in a recent editorial. test or standard for conscience," he
Savaglio, a partner with Scarfone no particular reason at all. That's b u s i n e s s e s o r [ a ] p r i v a t e However, Bryan Thomas, adjunct said. "It has to be something that's
Hawkins LLP in Hamilton, Ont. what we call a 'without cause' individual's actions," he said. professor at the University of akin to a religion in your life.”
told CBC News that there are many termination," he said. "Statute law does, privacy laws, Ottawa's Centre for Health Law, -CBC News

Joint statement from Regional Chair John Henry and

Oshawa Mayor Dan Carter on downtown Oshawa

WHITBY, ONTARIO – The downtown Oshawa. This Task housing first initiatives.
following statement is being issued Force consists of representatives • Supporting the City of Oshawa’s Regional Chair Oshawa Mayor
on behalf of John Henry, Regional from Durham Region Social work w i t h b u si n e ss e s a n d John Henry Dan Carter
Chair and Chief Executive Officer, Services, Durham Region Health residents.
and Oshawa Mayor Dan Carter: Department, Durham Regional • Regular updates on our collective
“Amidst the COVID-19 pandemic, Police Service (DRPS), Lakeridge actions taken to end chronic
many cities and towns have Health and the City of Oshawa. homelessness in Durham by 2024.
witnessed an increase of mental The Task Force is currently • Reviewing support services
health challenges, addictions and reviewing the concentrated offered by the Region and
housing needs among residents, support services offered by the community partners to identify security and well-being issues addressed by municipalities
while local businesses also face Region and community partners; service gaps. facing the City of Oshawa. alone—we need strong partners.
a d d i t i o n a l u n p re ce d e n te d identifying gaps and duplication of The City and the Region have been These initiatives will build on the The Region and the City have
challenges. In Durham Region, services and taking steps to help all a d d r e s s i n g t h e s e u n i q u e work that the Region is already called on all federal party leaders
these issues are particularly involved. As a first step, we are challenges, including allocating d o i n g t o s u p p o r t p e o p l e and Durham Region candidates
prevalent in the City of Oshawa. creating a Community Code of funding, resources and staffing. experiencing homelessness. This this federal election; the Minister
We have acknowledged concerns Conduct for recipients of support The City and the Region have met year, we have helped create more of Public Safety and Emergency
from residents, Oshawa downtown services and developing a Street and continue to meet individually t h a n 1 0 0 n e w h o u s i n g Preparedness, Bill Blair; the
businesses, organizations and Outreach and Encampment with residents and businesses to opportunities for our By-Name List P r e m i e r ; a n d p r o v i n c i a l
visitors regarding concerning Strategy for Durham Region. provide support and advocate on and are on track to exceed that representatives to tour downtown
activities in the downtown, Other immediate actions include: their behalf regarding their health amount in the coming year. In Oshawa.
homelessness, mental health and • Prioritizing street, park and and safety concerns. addition, the Primary Care The purpose of the tour is to gain a
addictions, as well as economic private property clean up. Planning is underway at the City to Outreach Program (PCOP) better understanding of the
development concerns directly • Working closely with Lakeridge develop a revitalization strategy for provides ongoing medical help and complexity of homelessness,
related to these complex issues, Health on addiction and treatment d ow n tow n O s h awa a n d to mental health counselling to more mental health and addiction and
and that more action is needed. services through a street outreach continue expanding public art and than 440 clients across the region the impact on our community. The
The Regional Municipality of team. civic pride initiatives. The Region annually. Region and the City of Oshawa
Durham—which is responsible for • Developing an updated local plans to open the Oshawa Micro- The Region works alongside have offered to co-ordinate the
social services, community opioid response plan, including Homes Pilot Project and complete municipalities, the province and tours in September and work
housing, public health and police reviewing needle distribution. its Community Safety and Well- the federal government to ensure together on constructive solutions,
services—is partnering with the • Continuing DRPS proactive Being Plan to address priority risk that Durham Region continues to as this cannot be solved without
City of Oshawa to address these presence. factors with strategies and grow, and our residents and support and direction from our
complex social issues. • Proactive enforcement of measurable outcomes. businesses continue to thrive. As federal and provincial partners.
We are working diligently to ensure property standards by-laws. In addition, the Mayor’s Task Force such, the Region and the City are We are a Region that stands with all
all residents feel safe and • Working with community on Community Safety, Security engaging provincial and federal of our communities when faced
supported and have convened a a ge n c i e s t o r e i n f o r ce o u r and Well-Being was formed to representatives to help advocate with challenges. We will ensure our
senior staff Task Force to address commitment to being a housing- identify and propose opportunities for additional support because communities are healthy, safe and
the immediate issues happening in focused community by expanding to address community safety, these complex issues cannot be happy for all.”