Superior court rejects Western University student efforts to stop booster vaccine mandate
Ontario’s Superior Court of Justice has rejected a challenge by five Western University students to stop the school’s COVID-19 booster vaccine mandate.
Justice Kelly Tranquilli stated that Western is “expressly permitted to govern its affairs,” allowing the university the right to enforce a mandate despite the province lifting vaccine mandates, referring to Ontario`s chief medical officer of health (CMHO) encouraging post-secondary institutions to decide to continue applying COVID-19 vaccination policies.
As stated in court document, “The applicants explain that their privacy is important to them. They do not wish to disclose their personal medical information to Western as a condition of continuing their post-secondary education.”
The applicants claim Western’s collection of the proof of vaccine under the policy is a violation of the Freedom of Information and Protection of Privacy Act (FIPPA).
Students Simon Hawke, Tiana Gleason, Michael Puzzo, James Donalds and Ashante Camara were seeking an injunction to block Western University from requiring students to provide proof of a COVID-19 booster vaccine in order to enroll in classes.
The court also expressed that Western has the authority to enforce the policy under its mandate.
“The Western University Act plainly establishes the university as an independent, autonomous, self-governing institution that is empowered to oversee its administrative and academic affairs,” according to court documents.
On Aug. 22, London, Ont.’s Western University announced that it is requiring students, staff and faculty to be fully vaccinated against COVID-19 and to have received at least one booster dose, and to be masked inside instructional spaces for the fall 2022 semester.
A controversial decision among students and the general public, Western stands by its decision.
“Western is pleased that the court found the collection of proof of vaccination is necessary for the effective administration of our Vaccination Policy,” a Western representative said in an email to CTV News London on Monday. “Vaccination is an important measure in protecting our community members and preserving our in-person learning experience.”
Lawyers for the five students, Lisa D. Bildy and Mark A. Joseph, filed a permanent injunction on Wednesday.
The students attempted to argue Western is an institution under Ontario’s Freedom of Information and Protection of Privacy Act and therefore doesn't have the ability to collect personal information.
Beginning on Sept. 6, Western further updated its policy to reflect Health Canada’s approval of the bivalent COVID-19 vaccine.
The policy will extend the deadline to provide proof of vaccination of the booster dose by Jan. 9, 2023.
The court ruled that Western`s policy does not breach FIPPA.
CTVNews.ca Top Stories
Iran fires air defence batteries in provinces as sound of explosions heard near Isfahan
Iran fired air defence batteries early Friday morning after reports of explosions near the city of Isfahan, the state-run IRNA news agency reported.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Nearly half of China's major cities are sinking, researchers say
Nearly half of China's major cities are suffering 'moderate to severe' levels of subsidence, putting millions at risk of flooding especially as sea levels rise.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' murder case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.