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
'Too young to have breast cancer': Rates among young Canadian women rising
Breast cancer rates are rising in Canada among women in their 20s, 30s and 40s, according to research by the University of Ottawa (uOttawa).
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Canada recognizes housing as a human right. Few provinces have followed suit
As more Canadians find themselves struggling to afford or find housing, the country's smallest province is the only one that can point to legislation recognizing housing as a human right.
'Violation': CSIS had officer investigated after she reported a superior raped her
A CSIS officer's allegations that she was raped repeatedly by a superior in agency vehicles set off a harassment inquiry, but also triggered an investigation into her that concluded the alleged attacks were a “misuse” of agency vehicles by the woman.
What to know about avian influenza in dairy cows and the risk to humans
Why is H5N1, or bird flu, a concern, how does it spread, and is there a vaccine? Here are the answers to some frequently asked questions about avian influenza.
Pro-plastic lobbyist presence at UN talks is 'troubling,' say advocates
Environmentalist groups are sounding the alarm about a steep increase in the number of pro-plastic lobbyists at the UN pollution talks taking place this week.
opinion The special relationship between King Charles and the Princess of Wales
Royal commentator Afua Hagan writes that when King Charles recently admitted Catherine to the Order of the Companions of Honour, it not only made history, but it reinforced the strong bond between the King and his beloved daughter-in-law.