Ontario Tech University will defend its decision to deregister a student who refused the COVID-19 vaccine on religious grounds in a two-day hearing before the Ontario Human Rights Tribunal beginning Tuesday.
Philip Anisimov, a former student at the university, argues that his removal from courses in 2021 violated his right to freedom from religious discrimination under the Ontario Human Rights Code.
Represented by the Justice Centre for Constitutional Freedoms, Anisimov is challenging the university’s refusal to grant him a religious exemption to its COVID-19 vaccination mandate.
The case centers around a directive issued by Ontario’s Chief Medical Health Officer, Dr. Kieran Moore, on August 30, 2021.
It required post-secondary institutions to give students three options: provide proof of double COVID-19 vaccination, submit a valid medical exemption, or complete an educational session on vaccine safety and undergo regular testing.
However, institutions were not obligated to offer the third option.
Ontario Tech University chose not to offer the educational session and testing option. Anisimov, citing religious objections to the vaccine, requested an accommodation. The university denied his request and deregistered him, delaying his studies by a full year.
“I should have been looking for a job right now, but I can’t do that,” Anisimov said at the time. “Regardless of what path I take, I will lose a lot of time and money.”
His legal team claims the university’s actions not only disrupted his education and career plans but also infringed on his rights.
“The university tried to characterize Mr. Anisimov’s belief as a personal preference by arguing that vaccination is not truly contrary to his faith,” said his lawyer, Hatim Kheir.
“Decision-makers are not permitted to engage in speculation and theological debates about which dogma is correct. So long as a belief is religious in nature and sincerely held, it must be accommodated.”
Kheir added that students should not have to choose between their faith and their education.
“Mr. Anisimov has a sincere religious objection to the Covid vaccines and could have been accommodated without difficulty,” he said.
The Human Rights Tribunal will hear the case in Toronto on Tuesday and Wednesday.
