A memo sent to Halton Region businesses on July 21 by John Davidson, Director of Economic Development for the region, raises some concerns about the legality of asking customers for documented proof of vaccination. The majority of the communication deals with what is now permitted under Step 3 of the Provincial Roadmap to Reopen. But the section, ‘Can I ask for proof of COVID-19 vaccination?’ raises some legalistic and human rights concerns.
The public debate on vaccination certificates or “passports” is a hot topic as some workplaces and businesses want to assure that their employees and clients are inoculated before stepping on their shop floors. The missive explains that those businesses that want to institute a policy requiring proof of vaccination should be aware of issues that could arise.
According to Davidson: “The ability of your business to implement such a policy may be informed by a number of factors such as the nature of the business, the number of customers, the responsibilities of you as an employer and the risk of transmission. Businesses will also have certain privacy obligations related to this issue. In addition, businesses are subject to human rights law and there may be associated human rights reasons for your customers not to be vaccinated. If you have any concerns regarding a proof of vaccination policy, you should seek legal advice.”
Some businesses have gone ahead and developed their own rules regarding vaccination. The decision by the CEO of Ontario fitness chain Good Life Fitness not to require proof of vaccination from employees and members sparked a debate, with some members threatening to cancel their memberships unless the policy was reversed.
On the other hand, independent fitness gym operator Alain Gauthier in Knowlton, Quebec says his policy that requires members show documentation before working out, has received mostly positive reviews from members, but has lead to hateful messages, negative online reviews and prank phone calls from people on social media that are opposed to the idea. “I've been trolled to death, I didn't know so many trolls existed,” he told CBC news on August 7.
Janice Dalziel runs ZenDen pottery studio in Acton. She hasn't run classes for almost a year and a half but is thinking of offering courses in the near future. “My preference is for people to be vaccinated, but I would definitely want to know their vaccination status, and I would share that with other participants in the class,” she said.
Tommy Constantinou, owner of Tommy's Grill and Bar on Mill Street East, thinks that businesses are already asked to do a lot to keep people safe, he would rather not have to ask for proof. “We already have to police so much, wearing a mask, maintaining social distancing and collecting contact information. As a restaurant owner, it's not something I want to have to do,” he stated.
Although premier Ford has expressed opposition to a COVID passport, the Quebec government has shown no reluctance on this matter. Quebec’s Health Minister Christian Dube announced on August 10 that Quebec will be implementing a passport system next month to combat the rising number of delta variant cases. "Taking into account the increase in cases, the fall coming up with the back to school and back to work and the expected prevalence of the delta variant, the conditions are there to deploy the vaccination passport," Dube said.
As of September 1, people in Quebec over the age of 12 who want to attend restaurants, bars, gyms and public events will have to be vaccinated and be able to supply a QR code to prove it.
Despite the denial from Premier Ford to get involved in a similar system, vaccination passports may become inevitable for all Canadians in the very near future
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