Judge rejects injunction request of 5 Western University students to block COVID booster mandate

According to court documents, a court order filed by five Western University students to block the London, Ontario organization’s COVID-19 enhanced firing order was rejected by the Ontario Superior Court.

In a written decision, Justice Kelly Tranquilli stated that as an independent, autonomous and self-governing organization, Western can manage its affairs separately from the province and collect data Personal health from staff and students is how vaccination policy is implemented.

“Vaccine evidence gathering is how a vaccination policy or mandate is implemented and enforced,” she said.

The students – Simon Hawke, Tiana Gleason, Michael Puzzo, James Donalds and Ashanté Camara – are alleged that by collecting students’ personal medical information, Western is infringing Freedom of Information and Protection of Privacy Act (FIPPA), argued that it was not classified as a “lawfully authorized activity”, under section 38(2).

They want a Western ban on requiring students to provide proof of COVID-19 vaccinations in order to enroll in classes, attend campus “or for any other purpose” and destroy vaccine data. existing individuals that they collected from earlier in the pandemic .

Student Attorney and the Foundation for Democracy (TDF) filed in a London court on September 7. The civil liberties group, founded last year, said it supports justice for “Canadians whose civil liberties have been violated by government bans and protests other public policy responses to the pandemic.” TDF sponsors the legal challenge on behalf of the student.

Policy ‘no coercion’ judges say

Students also claim that Western’s policy is coercive, something Tranquilli disagrees with by pointing out that the university gives students choices and they are responsible for the results.

“Surname [Western] force them to choose between two options, and if they don’t like it, it’s their choice,” she wrote. Every choice comes with consequences, which is the nature of choice. ”

Tranquilli said that although the province has lifted the regulation, the chief medical officer of Ontario (CMHO) has encouraged post-secondary institutions to decide to continue with COVID-19 vaccination policies as part of the program. their ongoing overall health and safety requirements.

She added that the way other organizations, including post-secondary institutions, decide to manage their operations does not affect Western’s vaccine proof policy.

“The conclusion that Western Policy for this year is justified is in part due to the current CMHO advice,” she said.

“Western has conducted a formal review of its policy for the 2021-2022 school year. Its assessment included consultations with university and other university stakeholders. Importantly, Western sought Seek input from a number of internal and external experts from various medical fields for advice on issues such as predicting COVID-19 transmission rates in the fall.”

While she sympathizes with student frustration around Western’s after-school policy announcement for the fall, she points out that the university’s decision was made within the timeframe before The policy expires on September 7.

The court ruled that Western’s policy did not violate FIPPA, adding that it could not place an injunction on future vaccine missions because that would depend on the nature of the cases. public health guidelines.

The West has extend Enhanced deadline to January 9, 2023, quote Health Canada approves Moderna’s updated dual-value vaccine targeting the Omicron variant.

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