The Ontario Ford government is considering adopting an “immunity passport” to show who has taken a COVID-19 vaccine and will be eligible for certain activities once vaccination becomes widespread..The comments were made by Health Minister Christine Elliott at a press briefing on Tuesday..Elliott was being asked about vaccine distribution, including convincing more people to take the shot once it is available. The minister said the government won’t force a COVID vaccine on anyone but cautioned there would be consequences for those who don’t take it..While the idea of an “immunity passport” isn’t a new idea, it may well violate the Canadian Charter of Rights and Freedoms – which guarantees mobility rights to Canadian citizens, say experts..Press secretary Alexandra Hilkene said the government is looking at many options for vaccine “tracking and surveillance..“This includes exploring developing tech-based solutions while also providing for alternative options to ensure equitable access to any potential ‘immunity passport,’” Hilkene told the Toronto Sun..An immunity passport restricting everyday societal activities could violate several sections of the Charter, including:.Section 2 – Fundamental Freedoms;.• (a) freedom of conscience and religion;.• (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;.• (c) freedom of peaceful assembly; and.• (d) freedom of association..Sec. 6 – Mobility Rights; and Sec. 7 – Life, liberty and security..Litigation specialist Jonathan Lisus, a Toronto lawyer who has argued many Charter cases, said the actions described by Elliott would likely end up heading to court for a judge to rule on..“The question will be whether the infringements can be justified under Sec. 1,” said Lisus told the Sun..“For example, I can see a credible argument as a condition of visiting in hospital or air travel. It gets harder the broader the application.”.Section 1 of the Charter is the clause on which constitutional challenges are often argued. It reads: “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”.Lisus said Section 1 one of the Charter allows governments to infringe on rights if the infringement “can be demonstrably justified.”.Cara Zwibel, director of the fundamental freedoms program at Canadian Civil Liberties Association, said while there are a lot of details to learn, the idea of excluding people based on vaccine status, would be problematic..The global conversation on imposing a mandatory requirement to provide a government-issued ID card is moving rapidly toward acceptance with Hungary and Iceland leading the pack..“At this point in the pandemic, there is not enough evidence about the effectiveness of antibody-mediated immunity to guarantee the accuracy of an “immunity passport” or “risk-free certificate,” said the World Health Organization..“People who assume that they are immune to a second infection because they have received a positive test result may ignore public health advice. The use of such certificates may therefore increase the risks of continued transmission.”.Pfizer said immunity from inoculation may last up to a year. Vaccinations may have to be repeated yearly..Ken Grafton is the Western Standards Ottawa Bureau Chief..He can be reached at kgrafton@westernstandardonline.com
The Ontario Ford government is considering adopting an “immunity passport” to show who has taken a COVID-19 vaccine and will be eligible for certain activities once vaccination becomes widespread..The comments were made by Health Minister Christine Elliott at a press briefing on Tuesday..Elliott was being asked about vaccine distribution, including convincing more people to take the shot once it is available. The minister said the government won’t force a COVID vaccine on anyone but cautioned there would be consequences for those who don’t take it..While the idea of an “immunity passport” isn’t a new idea, it may well violate the Canadian Charter of Rights and Freedoms – which guarantees mobility rights to Canadian citizens, say experts..Press secretary Alexandra Hilkene said the government is looking at many options for vaccine “tracking and surveillance..“This includes exploring developing tech-based solutions while also providing for alternative options to ensure equitable access to any potential ‘immunity passport,’” Hilkene told the Toronto Sun..An immunity passport restricting everyday societal activities could violate several sections of the Charter, including:.Section 2 – Fundamental Freedoms;.• (a) freedom of conscience and religion;.• (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;.• (c) freedom of peaceful assembly; and.• (d) freedom of association..Sec. 6 – Mobility Rights; and Sec. 7 – Life, liberty and security..Litigation specialist Jonathan Lisus, a Toronto lawyer who has argued many Charter cases, said the actions described by Elliott would likely end up heading to court for a judge to rule on..“The question will be whether the infringements can be justified under Sec. 1,” said Lisus told the Sun..“For example, I can see a credible argument as a condition of visiting in hospital or air travel. It gets harder the broader the application.”.Section 1 of the Charter is the clause on which constitutional challenges are often argued. It reads: “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”.Lisus said Section 1 one of the Charter allows governments to infringe on rights if the infringement “can be demonstrably justified.”.Cara Zwibel, director of the fundamental freedoms program at Canadian Civil Liberties Association, said while there are a lot of details to learn, the idea of excluding people based on vaccine status, would be problematic..The global conversation on imposing a mandatory requirement to provide a government-issued ID card is moving rapidly toward acceptance with Hungary and Iceland leading the pack..“At this point in the pandemic, there is not enough evidence about the effectiveness of antibody-mediated immunity to guarantee the accuracy of an “immunity passport” or “risk-free certificate,” said the World Health Organization..“People who assume that they are immune to a second infection because they have received a positive test result may ignore public health advice. The use of such certificates may therefore increase the risks of continued transmission.”.Pfizer said immunity from inoculation may last up to a year. Vaccinations may have to be repeated yearly..Ken Grafton is the Western Standards Ottawa Bureau Chief..He can be reached at kgrafton@westernstandardonline.com
