You may have read that the courts have upheld the right of Western University to mandate vaccines and require proof of vax status, in response to a lawsuit by five of their students.

What’s important to know about this case is the direction taken in the legal argument.

The case hinged on the legal interpretation of Ontario’s provincial privacy statute, arguing Western’s policy and retention of private health information infringed on individual rights and they lacked the authority to collect this data. Their lawyer, Lisa Bildy, argued “Western’s ‘lawfully authorized activity’ is to provide education, and that imposing a booster mandate fell outside its core directive.”

This case didn’t broach the subject of whether the booster mandate violated the Charter rights. In short, the legal argument was not speaking to the legality of the vaccine policy but to the means of enforcement.

The presiding judge, Ontario Superior Court Justice Kelly Tranquilli, issued a written statement: “Western officials are within their power to enact the COVID-19 booster mandate and the collection of personal health data from students and staff is necessary to administer the policy.”

Until these ‘vaccines’ are deemed unsuitable, and mandates are held against the legal strength of our Charter, these policies will continue to be supported; the administration of them will remain the right of each establishment.

These mandates stand in direct contravention to our human rights. This is a fact that we know will be supported in time, through ongoing legal actions. We continue to stand in support of our Charter of Rights and Freedoms.

Update:

An appeal is being pursued based on Freedom of Information and Protection of Privacy Act which prohibits the collection of personal medical information unless a relevant “statutory exception applies”. With provincial mandates gone, the only relevant exception is in support of the university’s ‘lawfully authorized activities’ and these policies are not their “lawfully authorized activities” under FIPPA.

We hope the new decision is in line with the rights afforded by our Charter.