as covid-19 infections continue to surge among unvaccinated populations, a large and growing number of u.s. universities are requiring proof of double vaccination for students , staff and faculty returning to campus in september. with the notable exceptions of
seneca college , and some university residences, canadian post-secondary institutions have not mandated vaccinations.
canadian charter of rights and freedoms protects the rights of unvaccinated individuals to participate without restriction in the public realm. this assumption is based on a serious misunderstanding of the charter. in fact, there is a sound constitutional basis on which universities can require proof of vaccination status, during a pandemic, as a condition of enrolment.
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as a preliminary matter, it is unclear whether the charter would even be engaged by a university policy requiring proof of vaccination. an early supreme court of canada decision held that universities are not governmental actors and therefore the charter does not apply to them. subsequent cases muddy these legal waters. in any event, even if universities are bound by the charter, that hardly settles the question.
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vaccination is the most effective tool we have to save lives and get back to a semblance of “normal.” the pandemic now rages most fiercely amongst those who are not fully vaccinated, particularly those aged 18-39 .
furthermore, the burden of serious illness and death from the spread of covid-19 falls most heavily on those who are immunocompromised or otherwise vulnerable. studies from the last two years increasingly show shadow pandemics , with tentacles of harm that have had disproportionate impacts on marginalized and racialized communities .
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