Saskatchewan Library Cannot Mandate Vaccine for Employees – Privacy Commissioner Rules

2023-03-12

Saskatchewan Library Cannot Mandate Vaccine for Employees – Privacy Commissioner Rules

Mar 12, 2023 | Blog, General News

Saskatchewan Library Cannot Mandate Vaccine for Employees - Privacy Commissioner Rules

A recent Saskatchewan ruling, from Privacy Commissioner Ronald Kruzeniski in the decision over the legality of Saskatoon Public Library’s covid vaccine mandates, stated that they “cannot mandate its employees show proof of COVID vaccination or a negative test as a condition of employment, without a lawful order”. He further ruled that, under the Protection of Privacy Act, the mandate was unlawful and all existing vaccine records are to be destroyed, stating “the Saskatoon Public Library did not have legislative authority to collect the COVID-19 test results”.

In comparison to other provinces, Saskatchewan allowed for the option of a negative test, as opposed to a full-fledged vaccine-only mandate, yet many businesses still opted to implement heavy-handed mandates.

By March 2022 the Saskatchewan government had removed provincial mandates. Despite this, the Saskatoon Public Library told employees that their mandate would be upheld, stating that it was “within their legal rights” to insist that staff continue to submit proof of vaccination or a negative test to be allowed to work.

An unnamed employee spoke out, arguing that the library’s demands were “an invasion” of privacy, demanding they provide “the law or regulation that permits a person’s private information to be demanded by an employer”.

Kruzeniski summarized his ruling by stating that any personal information a public institution collects must “meet a legitimate business purpose” and be backed by “legislative authority.”

This ruling stands in stark contrast to the decision made the next day in New Brunswick where, in arbitration, a ruling was made in favour of the implementation of mandates by the New Brunswick Power Corp. against employees who refused.

There is little difference between the applicable laws of each province and yet we see opposing and contradictory judgements made based on these laws. Legal interpretation is “the skill of bringing out or explaining the (true) meaning of law”.

Police on Guard applauds the Saskatchewan Privacy Commissioner for his deeper understanding of these laws, and for applying them as they are truly intended.

To read the article written by Anthony Murdoch with Life Site News, click here 

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