Legal challenges against vaccine requirements unlikely to go far: lawyer

CALGARY – Legal experts anticipate a sharp increase in Albertans suing over proof of vaccination requirements, but say it’s unlikely they’ll actually win those challenges.

The question has come up now that the province released a website with frequently asked questions about proof of vaccination requirements, saying private businesses and municipalities’ decisions may be subject to legal challenges by individual Albertans.

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But Mount Royal University Justice Studies Instructor Ritesh Narayan says private businesses are allowed to require proof of vaccine.

“When I am setting my own policy, my own business policy that I only want patrons who are vaccinated, that’s on me. I’m not infringing upon anyone’s right. It’s my business. I have the right to keep myself and my staff safe,” Narayan explained.

He does, however, think businesses or governments imposing a vaccine requirement should expect some legal challenges.

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“A lot of people don’t quite understand the law. And they shouldn’t–they’re not lawyers,” he said.

“So there’s a lot of uncertainty about how the law works, which will present a lot of lawsuits and people taking matters to their human rights commissions.”

The game changes a little bit, though, if you have a case where you’re an employee already working at a business and then are forced to get a vaccine or faces getting fired.

Narayan says a legal challenge in that case could prove successful.