Canadian Ombudsmen Warn Officials of Legal Risks Associated With Vaccine Passports

A group of ombudsmen from across Canada are warning premiers and other officials of the legal risks associated with requiring people to show vaccine passports, or other proof of vaccination, to access services.

On May 26, the Canadian Council of Parliamentary Ombudsman (CCPO) released a guide Wednesday that outlines how provincial and territorial governments mitigate human-rights complaints and legal challenges if they plan to institute vaccine passports, The Globe and Mail reports.

The guide is based on creating fair, transparent rules and says that new laws or policies should be made to give clear guidance and those laws should be publicly available with a built in review and appeal process. New rules should also accommodate those who can’t get vaccinated for medical reasons, the guide says.

CCPO President and Ombudsman for Nova Scotia Bill Smith told The Globe and Mail that officials did not want to inadvertently affect somebody’s right or access to a government provided service due to lacking a vaccine passport.

“You could see how something as simple as taking a driving test might demand a vaccine certificate, or accessing a recreational arena,” he said.

Recently, Canada’s federal, provincial and territorial privacy commissioners issued a similar joint statement urging caution to politicians planning to bring in vaccine passports.

Smith told The Globe and Mail that until now provinces have only been discussing creating vaccine passport programs, and although some provinces are considering instituting the passports, others have already come out rejecting them.

Alberta Premier Jason Kenney has said his government won’t require or provide vaccine passports, saying that anyone in Alberta who needed proof of vaccination to travel internationally could use the documentation they received when they got their vaccine.

British Columbia’s Provincial Health Officer Bonnie Henry said that she does not want proof of vaccination to be required on Canada’s West Coast, and that she had support from the premier.

“This virus has shown us that there are inequities in our society that have been exacerbated by this pandemic, and there is no way that we will recommend inequities be increased by use of things like vaccine passports for services [or] for public access here in British Columbia,” she said.

However, the Ontario government discussed issuing vaccine “immunity certificates,” The Globe and Mail reports, but Premier Doug Ford’s head of communications has said that the government is examining all options and has not decided on creating such a system.

Quebec sends residents electronic proof of vaccination, but the provincial government has said it is still deciding on issuing vaccine passports, The Globe and Mail reports.

As the pace of vaccination picks up across Canada and the globe, there are increasing discussions around the implications of mandatory vaccinations. With some employers now wanting to make vaccinations a stipulation for employment, the impasse between individuals that don’t want a vaccine, and employers that want them vaccinated has grown into a controversy about whether employers can mandate vaccination for on-site workers.  

Tell us your thoughts about vaccine passports and mandatory vaccination in the comments section!

Read More Lawsuit & Settlement News:

Quebec COVID-19 Class Action Against Ski Hill Operator Can’t Go Ahead, Judge Rules for the First Time

Do You Qualify: Dell Computers Tech Support Data Breach Lawsuit Investigation

New Legislation Would Protect Alberta Supportive-Care providers From COVID-19 Lawsuits

British Columbia COVID-19 Business Interruption Insurance Lawsuit