'There's quite a bit of scope to do this in a time of pandemic' legal expert says of vaccine mandates
We have entered the phase of the COVID 19 pandemic in which the vaccine is being mandated and proof of vaccine being required at work, public places, restaurants and businesses.
It has caused a lot of reactions and support for some outrage, and even some questions surrounding legality.
Legal and constitutional expert Wayne McKay, a professor emeritus at Dalhousie University's Schulich School of Law, says in most cases, mandating vaccines can be done and expects it would withstand any legal challenge.
"There's quite a bit of scope to do this in a time of pandemic and crisis," MacKay told CTV anchor Paul Hollingsworth in an interview Friday evening.
The key to a vaccine mandate withstanding a legal challenge depends on how reasonable it is, because rights are not absolute and government can impose reasonable limits on them and interfere with individual rights as little as possible.
"People pretty well accept that given the crisis that is COVID-19, they have a legitimate objective to try to prevent the spread," MacKay said. "So the only real question is: 'Are they doing it in a way that properly balances public health, to the general population and limiting individual rights as little as possible?' And as long as they do that, most cases where they are challenged, they're not likely to succeed."
While some call it overreach to mandate vaccines, MacKay says determining that depends on the facts of the situation.
"If, for example, you worked exclusively from home and had no public contact and they tried to require you to be vaccinated, it seems to me that would be pretty hard to justify, and it's much more easy to justify it in certain sectors where there's a vulnerable population such as in hospitals or schools, for example, especially with kids under 12," MacKay said. "So if they're protecting a vulnerable population, if there's a lot of public contact, then I think they probably have a pretty good chance of justifying it."
The other aspect of vaccines is the discussion around them – which has become pretty heated, especially on social media.
The Canadian Charter of Rights and Freedoms guarantees freedom of speech, but as with any right it is not absolute.
"I've rarely seen such emotional and divisive, an issue is the vaccines, and as you say effect, particularly on social media that's played out in a pretty robust way, but free speech is not absolute," MacKay said. "They've said from the beginning, you can't cry 'fire' in a crowded theatre, and I think that's really the bottom line. In exercising any individual rights, including freedom of speech, you have to do it in a way that does not interfere with the health and safety of the people around you."
You can watch the full interview here.
CTVNews.ca Top Stories
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.