Can private businesses enforce their own COVID-19 ‘vaccine passports’?
Most Canadian provinces are still on the fence about whether they will implement a domestic COVID-19 “vaccine passport” to allow access to some public places, but what leeway do private businesses have to introduce their own policy?
Luckily, I am in a place that was stated as fact they will NOT have a “show up your papers! / vaccine passport”.
According to lawyer Cara Zwibel, who is also the director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association, businesses can turn away whoever they like — as long as it isn’t discriminatory under human rights statutes.
And now the muddling of the law and interpretations come in.
This means that if someone is not vaccinated for reasons out of their control, such as medical or religious reasons, and are turned away by a business, they could have a case with a provincial human rights tribunal.
However, if someone voluntarily decided not to be vaccinated, Zwibel said it is not as clear-cut whether it could be defined as discriminatory.
You are denying someone business based on what they have in their body.
OH look, you are vax’d, you can come in.
Oh look, you have a uterus, you are NOT allowed in, etc.
I call that discrimination.
Zwibel said a vaccine policy would be similar to Canada’s mask mandate, which also allowed exceptions for those who could not wear a mask.
However, she said there were many instances of businesses flat-out refusing service to anyone not wearing a mask and some complaints were made to the Human Rights Tribunal.
“What’s laid out in law or what’s in theory should be happening, it’s not always obviously reflected in the real world,” she said.
There is a difference between a “no shoes, no shirt, no mask” mandate, and a “lets see you medical history – did you get this shot? how about that shot.”
That is an invasion of privacy!
Zwibel said the issue if the idea catches on with private businesses is that “the decision to be vaccinated becomes less and less a voluntary one.”
“Being vaccinated is something that should be a choice,” she said. “You do have the right to make a decision for yourself about medical treatment, including whether you’re going to be vaccinated.”
Exactly.
It will create a two-tiered class of citizens; a vax-proof/my choice.
Another issue with such a policy is having young staff enforce it, Rilett said, and some employers have flat-out refused to put their staff in that position.
Already staff have had issues enforcing a mask policy earlier in the pandemic, he said.
“There have been flare-ups here and there,” Rilett said. “It was never a comfortable situation.”
Everyone is tired of these lockdowns and government policy/control.
Frustration is high.
That last thing people want, after finally being allowed out to shop and visit and go places that some nazis demanding we “should us your papers!” BS!
