Sask. Human Rights Commission not accepting complaints based on objection to vaccinations
CBC News · Posted: Sep 27, 2021
The Saskatchewan Human Rights Code does not protect those who refuse to get vaccinated against COVID-19 just because they don't want to, according to the province’s human rights commission. (Evan Mitsui/CBC)
Refusing to get vaccinated against COVID-19 due to "personal preference" doesn't have protection under the province's human rights code, according to the Saskatchewan Human Rights Commission (SHRC).
"An individual who chooses not to be vaccinated based on personal preference does not have the right to accommodation under the Code," the SHRC says.
The Saskatchewan government's proof of vaccination or negative test requirement is set to take effect across the province starting Friday. It applies to all provincial and Crown corporation employees, along with anyone looking to enter certain businesses, event venues and other establishments.
Ahead of the implementation, the SHRC wrote a post on its website last week reminding people that vaccine mandates requiring proof of immunization or negative testing are "generally permissible" under the Saskatchewan Human Rights Code — "so long as individuals who are unable to be vaccinated due to a Code-protected characteristic are reasonably accommodated."
The code prohibits discrimination based on the following characteristics:
Race/perceived race or colour.
Place of origin, nationality or ancestry.
Religion or creed.
Family or marital status.
Sexual orientation.
Gender identity.
Sex, including sexual harassment or pregnancy.
Disability (physical or mental).
Receipt of public assistance.
Age (18 or more).
People who are not able to receive the COVID-19 vaccine — such as those with certain disabilities — are required under the code to have reasonable accommodations from their employers and service providers, the SHRC said, noting that's when testing requirements could come into play.
"Reasonable accommodation will differ on a case-by-case basis," it said.
Those who can't be vaccinated for medical reasons should be prepared to show a supporting doctor's note, the SHRC added.
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The commission said it plans to investigate any complaints of discrimination based on the code's "protected characteristics," but will not be accepting any that cite a personal objection to vaccinations or vaccination mandates.
Collecting information about a person's vaccination status is also not protected by the code, the commission noted. However, it said such info needs to be gathered and stored according to privacy legislation.
Refusing to get vaccinated against COVID-19 due to "personal preference" doesn't have protection under the province's human rights code, according to the Saskatchewan Human Rights Commission (SHRC).
"An individual who chooses not to be vaccinated based on personal preference does not have the right to accommodation under the Code," the SHRC says.
The Saskatchewan government's proof of vaccination or negative test requirement is set to take effect across the province starting Friday. It applies to all provincial and Crown corporation employees, along with anyone looking to enter certain businesses, event venues and other establishments.
Ahead of the implementation, the SHRC wrote a post on its website last week reminding people that vaccine mandates requiring proof of immunization or negative testing are "generally permissible" under the Saskatchewan Human Rights Code — "so long as individuals who are unable to be vaccinated due to a Code-protected characteristic are reasonably accommodated."
The code prohibits discrimination based on the following characteristics:
Race/perceived race or colour.
Place of origin, nationality or ancestry.
Religion or creed.
Family or marital status.
Sexual orientation.
Gender identity.
Sex, including sexual harassment or pregnancy.
Disability (physical or mental).
Receipt of public assistance.
Age (18 or more).
People who are not able to receive the COVID-19 vaccine — such as those with certain disabilities — are required under the code to have reasonable accommodations from their employers and service providers, the SHRC said, noting that's when testing requirements could come into play.
"Reasonable accommodation will differ on a case-by-case basis," it said.
Those who can't be vaccinated for medical reasons should be prepared to show a supporting doctor's note, the SHRC added.
Mask and vaccine complaints swamp human rights tribunal, but many aren't about true discrimination
ASK CBC NEWSFront-line workers shoulder burden of vaccine mandates
The commission said it plans to investigate any complaints of discrimination based on the code's "protected characteristics," but will not be accepting any that cite a personal objection to vaccinations or vaccination mandates.
Collecting information about a person's vaccination status is also not protected by the code, the commission noted. However, it said such info needs to be gathered and stored according to privacy legislation.
Ontario human rights watchdog says anti-vaxxers don't deserve special treatment
If you don't believe in getting the COVID-19 vaccine, Ontario's human rights law says you don't have the right to special accommodations.
A statement put out last week by the Ontario Human Rights Commission explains that anyone who "chooses not to be vaccinated based on personal preference does not have the right to accommodation under the Code."
In the province, human rights code prohibits discrimination based on creed, such as religious beliefs or practices; however, singular beliefs do not amount to creed, as stated in the code.
"Even if a person could show they were denied a service or employment because of a creed-based belief against vaccinations, the duty to accommodate does not necessarily require they be exempted from vaccine mandates, certification or COVID testing requirements," the statement says.
As of last Wednesday, Ontario implemented vaccine requirements for high-risk indoor settings. People must show proof that they're double vaccinated in order to be inside restaurants, nightclubs, concert venues, gyms and more.
Many people who don't believe in getting the vaccine have argued that not having access to these spaces is an infringement on their human rights.
Last week, People's Party of Canada candidate Darryl Mackie was arrested after he entered into a Tim Hortons in Oshawa and refused to show proof of a vaccine.
Mackie compared his actions to civil rights icon Rosa Parks and inspired others who share his beliefs to also refuse the new vaccine mandates.
In the same week as Mackie's sit-in, a mob of unmasked patrons sat-in at the food court inside of Toronto's Eaton Centre, also refusing to show proof of vaccination, as a way of pushing for their rights.
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