Could mandatory vaccinations become a condition of employment in some sectors?

CALGARY (CityNews) — Polling shows a growing number of Canadians, now 70 per cent, believe the COVID-19 vaccine should be mandatory, but employers who choose to try and make it a condition of employment may find it’s easier said than done.

“There are certain industries such as healthcare, long term care facilities, hospitals where being vaccinated is likely going to be a bonafide occupational requirement for employment,” said Sarah Coderre, a partner with Bow River Law LLP.

It’s trending that way in Quebec, where the Ministry of Health has decided some healthcare workers will need proof they’ve been vaccinated, with those who refuse reassigned or put on leave without pay.

The United Nurses of Alberta doesn’t think Alberta Health Services would impose similar measures.

READ MORE: One million doses of COVID-19 vaccine administered in Alberta

“We expect that there will be healthcare workers including some nurses who choose not to get the vaccine,” said United Nurses of Alberta president Heather Smith.

Smith is hoping that with education, information, and science, that more people will see the value in being vaccinated.

But there is case law in Ontario.

“In which certain health care sectors were told ‘yeah, the employer is allowed to impose a vaccine mandate with regards to the influenzas vaccine.’ I think that’s going to hold up in certain workplaces (in Alberta) with respect to COVID-19,” said Coderre.

Things do get a little unclear in the private sector.

READ MORE Alberta reports 1,412 new COVID-19 cases, 778 variant cases identified

While it could be hard to make the vaccine mandatory for office workers who don’t interact with the public, what about the service industry? Where employees and customers are in close contact daily.

“I don’t think that it needs to be mandatory, I think there is going to be significant voluntary compliance and just as soon as they’re able to get the vaccination, I’m sure staff are going to be lining up to do so,” said Mark Von Schellwitz, the vice president for Restaurants Canada in western Canada.

There are several legitimate reasons why someone may not get the shot, no matter what industry they’re in, so there will always be exceptions.

“An employer who just imposes a policy requiring mandatory vaccines without doing their due diligence, without considering some of the other legal implications for people’s human rights and those types of things is just going to be opening themselves up to litigation and nobody wants to do that,” said Coderre.