Canadian colleges and universities can mandate COVID-19 vaccination without violating Charter rights

The Conversation Canada

By Samuel Trosow and Julie Lowe

August 25, 2021

It's time for all Canadian colleges and universities to adopt mandatory vaccination policies. Many schools here and in the United States have already taken this step, yet others remain reluctant.

One reason for this hesitancy is the worry that a mandatory vaccination requirement might violate Section 7 of the Canadian Charter of Rights and Freedoms:

"Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."

Some universities and colleges are concerned that a student or staff member might use Section 7 to challenge a vaccine mandate. Would Canadian courts uphold vaccine mandates in the face of a Section 7 challenge? As legal scholars and educators, we believe the answer is a resounding "Yes!" (continue reading).