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
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Ontario Provincial Police arrest 64 suspects in child sexual exploitation investigation
Ontario Provincial Police say 64 suspects are facing a combined 348 charges in connection with a series of child sexual exploitation investigations that spanned the province.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his head more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.
'A step forward': New screening criteria for sperm donors takes effect
Canadians looking to grow their families with the assistance of sperm or egg donations should soon have more options for donors as the federal health agency does away with longstanding restrictions criticized as discriminatory.
Blind Sask. boy heading to international braille competition hopes to increase accessibility for visually impaired
A Saskatchewan boy who qualified for an international braille competition in Los Angeles next month hopes he can inspire change in his home province.
What is whooping cough and should Canadians be concerned as Europe declares outbreak?
There is currently a whooping cough epidemic in Europe, with 10 times as many cases compared to the previous two years. While an outbreak has not been declared nationwide in Canada, whooping cough is regularly detected in the country.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Steve Albini, legendary producer for Nirvana, the Pixies and an alternative rock pioneer, dies at 61
Steve Albini, an alternative rock pioneer and legendary producer who shaped the musical landscape through his work with Nirvana, the Pixies, PJ Harvey and more, has died. He was 61.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.