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
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
'Anything to win': Trudeau says as Poilievre defends meeting protesters
Prime Minister Justin Trudeau is accusing Conservative Leader Pierre Poilievre of welcoming 'the support of conspiracy theorists and extremists,' after the Conservative leader was photographed meeting with protesters, which his office has defended.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Boeing's financial woes continue, while families of crash victims urge U.S. to prosecute the company
Boeing said Wednesday that it lost US$355 million on falling revenue in the first quarter, another sign of the crisis gripping the aircraft manufacturer as it faces increasing scrutiny over the safety of its planes and accusations of shoddy work from a growing number of whistleblowers.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Fair in Ontario, flurries in Labrador: Weather systems make for an erratic spring
"It's a bit of a complicated pattern; we've got a lot going on," said Jennifer Smith of the Meteorological Service of Canada in an interview with CTVNews.ca on Wednesday. "[As is] typical with weather, all of these things are related."
Police tangle with students in Texas and California as wave of campus protest against Gaza war grows
Police tangled with student demonstrators in Texas and California while new encampments sprouted Wednesday at Harvard and other colleges as school leaders sought ways to defuse a growing wave of pro-Palestinian protests.