University of Lethbridge biology student Hayley Nassichuk-Dean lost her case against the university for imposing a COVID-19 vaccine mandate. .“It is difficult to imagine a similar set of circumstances arising again,” said Alberta Court of King’s Bench Justice David Vaughan Hartigan in a ruling. .“As such, a declaration on so narrow and specific a factual context would have no future public utility.” .The ruling said declaring the vaccine mandate unconstitutional would “only have the potential to make mischief were it to be applied to or influence future health policies.” .Nassichuk-Dean was a student at U of L from fall 2019 to fall 2021. She did many of her classes online because of the COVID-19 pandemic. .U of L implemented a COVID-19 vaccine mandate for students and staff to facilitate a return to in-person classes and because of high case counts. All people coming to campus needed to provide proof of vaccination effective November, except if they had an exemption. .Nassichuk-Dean sought an exemption because of her religious beliefs. U of L declined her request. .She was unable to take all of the courses she intended to that academic year, but she was able to do two of them online. She was seeking declarations the university’s vaccine mandate violated the right to life, liberty and security of the person guaranteed under the Canadian Charter of Rights and Freedoms and rejecting her exemption went against the Alberta Human Rights Act (AHRA). .U of L’s vaccine mandate ended four months after it was enacted. The university asked the Alberta Court of King’s Bench to say this case is moot. .To determine if a case is moot, the ruling said a two-step analysis must be undertaken. These two steps are whether the dispute has disappeared, and if it exists, whether the court should exercise its discretion to hear the case. .The ruling said the first step is met because Nassichuk-Dean is seeking declarations the vaccine mandate violated the Canadian Charter of Rights and Freedoms and AHRA. The Alberta Court of Appeal determined an action for declaration can proceed in the absence of a claim for any other remedy..Hartigan said the applicant needs to establish declaratory relief, which can be given in limited circumstances. He said he is not going to grant declaratory relief because “Nassichuk-Dean’s vaccination status, whatever it may be, will have no effect on her ability to attend the university in the future.” .“I find that this is not an appropriate case for declarative relief,” he said. .“The application is therefore dismissed.”.Lethbridge College massage therapy students were notified in June they will not be allowed to complete their programs if they are unvaccinated. .READ MORE: EXCLUSIVE: Lethbridge College mandates COVID vaccine this fall, blames AHS.Second-year Lethbridge College massage therapy student Jayme Velthuis was set to start her classes, but she received a notice altering her plans. .“It is mandatory that you have two COVID-19 vaccinations to attend practicum,” said the notice.
