'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
BREAKING Trudeau promises $1B in loans for child-care providers to expand care centres
The federal government is launching a new loan program to help child-care providers in Canada expand their spaces, and will be extending further student loan forgiveness and training options for early childhood educators, Prime Minister Justin Trudeau announced Thursday.
Spring allergy season has begun. Where is it worse in Canada?
The spring allergy season has started early in many parts of Canada, with high levels of pollen in some cities already. Experts weigh in on which areas have it worse so far this season.
Sunshine list: These were the Ontario public sector's highest earners in 2023
Ontario released its annual sunshine list Thursday afternoon, noting that the largest year-over-year increases were in hospitals, municipalities, and post-secondary sectors.
Several flight attendants from Pakistan have gone missing after landing in Canada
Multiple flight attendants from Pakistan International Airlines have abandoned their jobs and are believed to have sought asylum in Canada in the past year and a half, a spokesperson for the government-owned airline says.
N.B. man wins $64 million from Lotto 6/49
A New Brunswicker will go to bed Thursday night much richer than he was Wednesday after collecting on a winning lottery ticket he let sit on his bedroom dresser for nearly a year.
'Nonsense:' Doug Ford slams lawsuits filed by Ontario school boards against social media platforms
Premier Doug Ford says that lawsuits launched by four Ontario school boards against a trio of social media platforms are “nonsense” and risk becoming a distraction to the work that really matters.
Why some Christians are angry about Trump's 'God Bless the USA' Bible
Former U.S. President Donald Trump is officially selling a copy of the Bible themed to Lee Greenwood’s famous song, 'God Bless the USA.' But the concept of a Bible covered in the American flag has raised concern among religious circles.
Multiple bridges in Calgary shut down for police incident
Calgary police have shut down a number of bridges into and out of the downtown core as officers deal with a distraught individual.
King Charles calls for acts of friendship in first public remarks since Kate's cancer diagnosis
King Charles III gave public remarks for Maundy Thursday, addressing the importance of acts of friendship, following his and Catherine, Princess of Wales’ cancer diagnoses.