Tomorrow is deadline day for AHS workers..The deadline of October 31 for Alberta Health Services’ (AHS) vaccine mandate is just over two weeks away when all employees and contracted healthcare providers will have to be fully immunized..The AHS policy was released on August 31 and stated, “the latest an employee could receive their second dose to be in compliance with the new policy is October 16, 2021, which allows for the two weeks that must pass to be considered fully immunized.”.The Western Standard has heard from a number of lawyers representing thousands of clients on many fronts who are looking for legal support in pushing back against these workplace and post-secondary institution vaccine mandates..One of those lawyers, Jeffrey Rath, of Rath & Company, was recently retained by MyAPSChoice, a group consisting of over 4,000 public service and government employees..Based on a number of legal claims including violations of constitutional rights and freedoms, employment laws, human rights laws and breaches to the Freedom of Information Act, Rath has been advising his clients to not cooperate with the mandates..Rath has also released a “generalized open letter” for anyone to use in any workplace or post-secondary institution where a worker or student is facing a mandate to be vaccinated “against their will.”.The letter states: “It is my legal opinion that any policy that vitiates the consent of an employee (including staff, students, volunteers, contractors, and other persons acting on their behalf) by threatening to either terminate or suspend them in order to coerce the employee into being vaccinated is a violation of Canadian Law.”.The letter goes on to cite laws protecting one’s medical privacy and highlights courses of action available including exemptions..Rath also advises that people do not reply electronically or provide their consent for access to their private medical information and that demands for proof of vaccination be responded to in writing via regular or registered mail..Page six of the document includes a legal letter that can be used by anyone wishing to claim a legal exemption based on “the illegality of the policy under section 7 of the Charter (of rights and freedoms).”.“This is my generalized legal opinion without reference to any one individual personal circumstance,” said Rath advising that people are welcome to email him if they have more specific circumstances that may require legal assistance or if they are interested in registering as a class-action litigant..Although the statement from AHS says their COVID-19 vaccine policy is mandatory any “employee who is unable to be immunized due to a medical reason or for another protected ground under the Alberta Human Rights Act will be reasonably accommodated.”.“This is an extraordinary but necessary measure to help protect our vital frontline healthcare teams and help us maintain a safe environment for all patients and clients” said Dr. Verna Yiu, President and CEO of Alberta Health Services..An AHS official told the Western Standard that “AHS employee requests for accommodation will be reviewed by an Accommodations Adjudication Panel” which includes members from Human Resources, Employee Relations, WHS, Ability Management, and Organizational Ethics..2021-10-15-Open-Letter-to-AHS-and-APS-Employees-and-Contractors.Download.Melanie Risdon is a reporter with the Western Standard.,.mrisdon@westernstandardonline.com
