EDMONTON —
A growing number of provinces have begun implementing vaccine mandates by requiring proof of vaccination to attend certain social and recreational events, or access to non-essential businesses.
With these announcements has come a rise in vaccine hesitant Canadians who oppose the idea of mandates, many of whom are concerned their rights and freedoms are being infringed upon.
It has also become a key wedge issue in the federal election.
THE CLAIM
One of the most commonly referenced arguments against vaccine mandates is that they violate the Canadian Charter of Rights and Freedoms, or, more specifically, Section 7 of the charter, which reads:
“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”
But, according to constitutional law experts, these claims are not exactly true. While vaccine mandates may have an impact on charter rights, whether it is an illegal infringement on those rights is unlikely when looking at specific case law.
ANALYSIS
Before we dive into the fine print, it’s important to note that both of our experts agree nothing is certain in the law. Certainly, if someone wanted to challenge the government over the charter, they could. But they say successfully arguing such a case is very unlikely.
As Cheryl Milne, executive director of the David Aspen Centre for Constitutional Rights at the University of Toronto explains, a charter argument may apply under Section 15, which discusses equality, for someone with a disability who cannot get vaccinated. Or under Section 2, which deals with freedom of religion and expression.
But Milne points out there are very few circumstances in which people cannot be vaccinated and have sound proof of that.
Vaccine mandates are not “forced vaccination”
Would-be claimants would face multiple hurdles to prove their case. The first would involve establishing an infringement of a protected interest in “life, liberty or security of the person.”
But, contrary to claims otherwise, vaccine mandates do not constitute forced vaccination.
“There are some people who think that vaccine passports and the use of the word ‘mandate’ means that we’re holding people down and forcing them to be vaccinated,” Milne told CTVNews.ca by phone this week.
“It’s just limiting the ability to participate in certain activities if they don’t have a vaccine. If, in fact, the government were forcing people to be vaccinated – like actually physically holding people down and giving them a vaccine – that would probably be a pretty clear charter breach.”
Mandates offer a choice: receive or decline the vaccine. Those who decline are instead presented with a different set of options.
“In the case of students, you can try to enroll in online classes, or you can take a term off. In the case of employees, you can try to seek accommodation or take a leave,” Samuel E. Trosow, associate professor in the faculty of law and faculty of information and media studies at Western University, told CTVNews.ca by phone.
“These may be inconvenient and unwanted options, but they are options.”
Even if a claimant were to make out that there has been a violation of the liberty interest or security of person interest, they would also have to prove that the infringement was under circumstances that violated principles of fundamental justice. In other words, the mandate is arbitrary, overly broad or grossly disproportionate.
Because vaccine mandates seek to protect the health and safety of the public, citing evidence that vaccines reduce the severity of illness and can reduce transmission, in cases where lockdowns, masking, social distancing and testing cannot, Trosow says it would be hard to argue any of those points.
“When you really look at the case law, and really understand what the specific requirements are, the argument falls apart,” he says.
‘Subject to reasonable limits’
Even if a claimant were to establish a violation of Section 7, the violation could be upheld under Section 1 of the charter.
“Section 1 of the charter says ‘all of the rights and freedoms in the charter are subject to such reasonable limits as can be demonstrably justified in a free and democratic society,’” explained Milne.
“What that means is that there is this kind of proportional, reasonable approach that governments can actually limit people’s rights so long as they have a very good reason and can demonstrate why. A global pandemic might just be one of those reasons.
[But] they can only go so far as what is minimally impairing of the right. Stopping people from going to a restaurant might be considered minimally impairing when the consequences are further spread of a highly contagious virus.”
For example, in September 2020, Halifax resident Kimberly Taylor sued the Newfoundland and Labrador government after she was initially denied an exemption to the province’s travel ban after her mother’s death.
Taylor argued that the province overstepped its authority and violated her constitutional rights. But a Supreme Court judge ruled that the infringement was justified because of the COVID-19 pandemic.
CONCLUSION
Although vaccine mandates may have an impact on charter rights, whether it is an illegal infringement on those rights is unlikely.
“If someone says, ‘vaccine passports are a breach of charter rights’ – full stop, without the nuance – I would say it’s misleading,” said Milne.
“They would have to say they don’t think it would withstand the test of Section 1, it’s not reasonable. And I’m on the side that it’s probably reasonable, but people can differ about that.”
As Trosow points out, “while nothing is certain in the law – there are always perils of litigation – all of the good jurisprudence points to the conclusion that a Section 7 claim would not be actionable.
To make up spurious legal claims as an excuse [not to get vaccinated] I find very questionable.”
OTTAWA – Statistics Canada says wholesale sales, excluding petroleum, petroleum products, and other hydrocarbons and excluding oilseed and grain, rose 0.4 per cent to $82.7 billion in July.
The increase came as sales in the miscellaneous subsector gained three per cent to reach $10.5 billion in July, helped by strength in the agriculture supplies industry group, which rose 9.2 per cent.
The food, beverage and tobacco subsector added 1.7 per cent to total $15 billion in July.
The personal and household goods subsector fell 2.5 per cent to $12.1 billion.
In volume terms, overall wholesale sales rose 0.5 per cent in July.
Statistics Canada started including oilseed and grain as well as the petroleum and petroleum products subsector as part of wholesale trade last year, but is excluding the data from monthly analysis until there is enough historical data.
This report by The Canadian Press was first published Sept. 13, 2024.
MIAMI GARDENS, Fla. (AP) — Miami Dolphins quarterback Tua Tagovailoa sustained a concussion for the third time in his NFL career, leaving his team’s game Thursday night against Buffalo after running into defensive back Damar Hamlin and hitting the back of his head against the turf.
Tagovailoa remained down for about two minutes before getting to his feet and walking to the sideline after the play in the third quarter. He made his way to the tunnel not long afterward, looking into the stands before smiling and departing toward the locker room.
The Dolphins needed almost no time before announcing it was a concussion. The team said he had two during the 2022 season, and Tagovailoa was diagnosed with another concussion when he was a college player at Alabama.
Dolphins coach Mike McDaniel said Tagovailoa would get “proper procedural evaluation” and “appropriate care” on Friday.
“The furthest thing from my mind is, ‘What is the timeline?’ We just need to evaluate and just worry about my teammate, like the rest of the guys are,” McDaniel said. “We’ll get more information tomorrow and take it day by day from here.”
Some players saw Tagovailoa in the locker room after the game and said they were encouraged. Tagovailoa spoke with some players and then went home after the game, McDaniel said.
“I have a lot of love for Tua, built a great relationship with him,” said quarterback Skylar Thompson, who replaced Tagovailoa after the injury. “You care about the person more than the player and everybody in the organization would say the same thing. Just really praying for Tua and hopefully everything will come out all right.”
Tagovailoa signed a four-year, $212 million extension before this season — a deal that makes him one of the highest-paid players in the NFL — and was the NFL’s leading passer in Week 1 this season. Tagovailoa left with the Dolphins trailing 31-10, and that was the final score.
“If you know Tua outside of football, you can’t help but feel for him,” Bills quarterback Josh Allen said on Amazon following the game. “He’s a great football player but he’s an even greater human being. He’s one of the best humans on the planet. I’ve got a lot of love for him and I’m just praying for him and his family, hoping everything’s OK. But it’s tough, man. This game of football that we play, it’s got its highs and it’s got its lows — and this is one of the lows.”
Tagovailoa’s college years and first three NFL seasons were marred by injury, though he positioned himself for a big pay bump with an injury-free and productive 2023 as he led the Dolphins into the playoffs. He threw for 29 touchdowns and a league-best 4,624 yards last year.
When, or if, he can come back this season is anyone’s guess. Tagovailoa said in April 2023 that the concussions he had in the 2022 season left him contemplating his playing future. “I think I considered it for a time,” he said then, when asked if he considered stepping away from the game to protect himself.
McDaniel said it’s not his place to say if Tagovailoa should return to football. “He’ll be evaluated and we’ll have conversations and progress as appropriate,” McDaniel said.
Tagovailoa was hurt Thursday on a fourth-down keeper with about 4:30 left in the third. He went straight ahead into Hamlin and did not slide, leading with his right shoulder instead.
Hamlin was the player who suffered a cardiac arrest after making a tackle during a Monday night game in January 2023 at Cincinnati, causing the NFL to suspend a pivotal game that quickly lost significance in the aftermath of a scary scene that unfolded in front of a national television audience.
Tagovailoa wound up on his back, both his hands in the air and Bills players immediately pointed at him as if to suggest there was an injury. Dolphins center Aaron Brewer quickly did the same, waving to the sideline.
Tagovailoa appeared to be making a fist with his right hand as he lay on the ground. It was movement consistent with something that is referred to as the “fencing response,” which can be common after a traumatic brain injury.
Tagovailoa eventually got to his feet. McDaniel grabbed the side of his quarterback’s head and gave him a kiss on the cheek as Tagovailoa departed. Thompson came into the game to take Tagovailoa’s spot.
“I love Tua on and off the football field,” Bills edge Von Miller said. “I’m a huge fan of him. I can empathize and sympathize with him because I’ve been there. I wish him the best.”
Tagovailoa’s history with concussions — and how he has since worked to avoid them — is a huge part of the story of his career, and now comes to the forefront once again.
He had at least two concussions during the 2022 season. He was hurt in a Week 3 game against Buffalo and cleared concussion protocol, though he appeared disoriented on that play but returned to the game.
The NFL later changed its concussion protocol to mandate that if a player shows possible concussion symptoms — including a lack of balance or stability — he must sit out the rest of the game.
Less than a week later, in a Thursday night game at Cincinnati, Tagovailoa was concussed on a scary hit that briefly knocked him unconscious and led to him being taken off the field on a stretcher.
His second known concussion of that season came in a December game against Green Bay, and he didn’t play for the rest of the 2022 season. After that, Tagovailoa began studying ways where he may be able to fall more safely and protect himself against further injury — including studying jiu-jitsu.
“I’m not worried about anything that’s out of my hands,” McDaniel said. “I’m just worried about the human being.”
TORSBY, Sweden (AP) — David Beckham and former England coach Roy Hodgson were among the soccer dignitaries who attended the funeral of Sven-Goran Eriksson on Friday in the Swedish manager’s small hometown of Torsby.
Eriksson’s wooden coffin was covered in white flowers and surrounded by six tall candles and other floral wreaths as the ceremony began inside the 600-seat Fryksande church.
“It is a day of grief but also a day of thankfulness,” the priest, Ingela Älvskog, told those in attendance.
Beckham, who arrived by private jet on Thursday, greeted Eriksson’s 95-year-old father Sven and other family members with hugs inside the church before the funeral started.
Eriksson became England’s first foreign-born coach when he led the national team from 2001-06, and made Beckham his captain.
Eriksson, who also won trophies at club level in Italy, Portugal and Sweden, died on Aug. 26 at the age of 76, eight months after he revealed he had been diagnosed with pancreatic cancer and had at most one year to live.
Some 200 seats in the neo-Gothic church from 1898 were reserved for his family, friends and players from his career in the football world, according to his agent. The remaining seats were open for the public, according to Eriksson’s wish, with a big screen set up outside the church where hundreds more gathered to watch the ceremony. The funeral was also broadcast live on some Swedish media websites.
The wooden coffin was wheeled in by pallbearers at the church Friday morning as fog wrapped Torsby — a town of about 4,000 people located about 310 kilometers (193 miles) west of Stockholm. Next to the casket was a photo of Eriksson on a small table. The floral wreaths included ones sent by FIFA and Lazio, the Italian team that Eriksson led to the Serie A title in 2000.
The ceremony began with somber piano and organ music, but later took on a more upbeat note with Swedish singer Charlotta Birgersson performing Elton John’s song “Candle In The Wind” and then “My Way” in a duet with Johan Birgersson, who later intoned the popular Italian song “Volare” after the family had gathered around the casket to lay flowers.
Beckham also visited Eriksson in Sweden in June to say goodbye. Others attending the funeral included the Swedish coach’s longtime partner Nancy Dell’Olio. Eriksson’s agent had said that guests from England, Italy and Spain were expected.
After the funeral, the casket was carried out of the church by eight men to the hearse. The guests then walked in a procession accompanying the coffin to a nearby museum where speeches and eulogies to the coach fondly known as “Svennis” were planned on an outdoor stage. A brass band played during the procession through Torsby, including the tune “You never walk alone” from the musical “Carousel” which has become the anthem of Liverpool, the club Eriksson supported since childhood.
The local soccer club Torsby IF, where Eriksson started his career in the 1960s, wrote on its webpage that “you also showed your greatness by always being yourself, the caring Svennis who talked to everyone and took the time, for big and small, asking how things were and how the football was going. We will miss you.”
