Legality of asking vaccine status to get public services being investigated

 

Canada’s Privacy Commissioner is investigating numerous complaints under the Privacy Act about whether the government can legally ask Canadians about their vaccination status in order to get public services.

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Daniel Therrien said it’s currently unclear according to Blacklock’s Reporter.

“During the pandemic, is it reasonable for public health purposes for governments to require the disclosure of this information? The question is not as clear-cut as it might seem,” said Therrien.

“We are investigating and therefore I cannot provide a definitive conclusion but we will in the context of the investigations we’re conducting. That is exactly what we’re investigating.”

Therrien says he has no advice for Canadians denied public service access unless they revealed their medical status.

“There is no question that the disclosure of medical information including vaccine information is an exceptional measure,” said Therrien.

“If it were not for the pandemic, obviously we would not have to provide information in restaurants or other venues to have access to these venues. So it is exceptional, there’s no question about that.”

The feds have yet to introduce a bill or any written regulation with a legal text of vaccination orders.

“Immunization is not mandatory in Canada,” Department of Health lawyers wrote in a 1996 Canadian National Report On Immunization.

“It cannot be made mandatory because of the Canadian Constitution.”

Back on May 19, the Commissioner said in a statement no current federal law permits governments to mandate COVID vaccinations.

He added that mandating vaccine passports for Canadians travelling or visiting public facilities would require “a newly enacted public health order or law.”