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Truth Tracker: Do vaccine mandates violate Canadians' charter rights? – CTV News

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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.”

Edited by CTVNews.ca producer Adam Ward

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Bad traffic, changed plans: Toronto braces for uncertainty of its Taylor Swift Era

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TORONTO – Will Taylor Swift bring chaos or do we all need to calm down?

It’s a question many Torontonians are asking this week as the city braces for the arrival of Swifties, the massive fan base of one of the world’s biggest pop stars.

Hundreds of thousands are expected to descend on the downtown core for the singer’s six concerts which kick off Thursday at the Rogers Centre and run until Nov. 23.

And while their arrival will be a boon to tourism dollars — the city estimates more than $282 million in economic impact — some worry it could worsen Toronto’s gridlock by clogging streets that already come to a standstill during rush hour.

Swift’s shows are set to collide with sports events at the nearby Scotiabank Arena, including a Raptors game on Friday and a Leafs game on Saturday.

Some residents and local businesses have already adjusted their plans to avoid the area and its planned road closures.

Aahil Dayani says he and some friends intended to throw a birthday bash for one of their pals until they realized it would overlap with the concerts.

“Something as simple as getting together and having dinner is now thrown out the window,” he said.

Dayani says the group rescheduled the gathering for after Swift leaves town. In the meantime, he plans to hunker down at his Toronto residence.

“Her coming into town has kind of changed up my social life,” he added.

“We’re pretty much just not doing anything.”

Max Sinclair, chief executive and founder of A.I. technology firm Ecomtent, suggested his employees avoid the company’s downtown offices on concert days, saying he doesn’t see the point in forcing people to endure potential traffic jams.

“It’s going to be less productive for us, and it’s going to be just a pain for everyone, so it’s easier to avoid it,” Sinclair said.

“We’re a hybrid company, so we can be flexible. It just makes sense.”

Swift’s concerts are the latest pop culture moment to draw attention to Toronto’s notoriously disastrous daily commute.

In June, One Direction singer Niall Horan uploaded a social media video of himself walking through traffic to reach the venue for his concert.

“Traffic’s too bad in Toronto, so we’re walking to the venue,” he wrote in the post.

Toronto Transit Commission spokesperson Stuart Green says the public agency has been working for more than a year on plans to ease the pressure of so many Swifties in one confined area.

“We are preparing for something that would be akin to maybe the Beatles coming in the ‘60s,” he said.

Dozens of buses and streetcars have been added to transit routes around the stadium, and the TTC has consulted the city on potential emergency scenarios.

Green will be part of a command centre operated by the City of Toronto and staffed by Toronto police leaders, emergency services and others who have handled massive gatherings including the Raptors’ NBA championship parade in 2019.

“There may be some who will say we’re over-preparing, and that’s fair,” Green said.

“But we know based on what’s happened in other places, better to be over-prepared than under-prepared.”

Metrolinx, the agency for Ontario’s GO Transit system, has also added extra trips and extended hours in some regions to accommodate fans looking to travel home.

A day before Swift’s first performance, the city began clearing out tents belonging to homeless people near the venue. The city said two people were offered space in a shelter.

“As the area around Rogers Centre is expected to receive a high volume of foot traffic in the coming days, this area has been prioritized for outreach work to ensure the safety of individuals in encampments, other residents, businesses and visitors — as is standard for large-scale events,” city spokesperson Russell Baker said in a statement.

Homeless advocate Diana Chan McNally questioned whether money and optics were behind the measure.

“People (in the area) are already in close proximity to concerts, sports games, and other events that generate massive amounts of traffic — that’s nothing new,” she said in a statement.

“If people were offered and willingly accepted a shelter space, free of coercion, I support that fully — that’s how it should happen.”

This report by The Canadian Press was first published Nov. 13, 2024.



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‘It’s literally incredible’: Swifties line up for merch ahead of Toronto concerts

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TORONTO – Hundreds of Taylor Swift fans lined up outside the gates of Toronto’s Rogers Centre Wednesday, with hopes of snagging some of the pop star’s merchandise on the eve of the first of her six sold-out shows in the city.

Swift is slated to perform at the venue from Thursday to Saturday, and the following week from Nov. 21 to Nov. 23, with concert merchandise available for sale on some non-show days.

Swifties were all smiles as they left the merch shop, their arms full of sweaters and posters bearing pictures of the star and her Eras Tour logo.

Among them was Zoe Haronitis, 22, who said she waited in line for about two hours to get $300 worth of merchandise, including some apparel for her friends.

Haronitis endured the autumn cold and the hefty price tag even though she hasn’t secured a concert ticket. She said she’s hunting down a resale ticket and plans to spend up to $600.

“I haven’t really budgeted anything,” Haronitis said. “I don’t care how much money I spent. That was kind of my mindset.”

The megastar’s merchandise costs up to $115 for a sweater, and $30 for tote bags and other accessories.

Rachel Renwick, 28, also waited a couple of hours in line for merchandise, but only spent about $70 after learning that a coveted blue sweater and a crewneck had been snatched up by other eager fans before she got to the shop. She had been prepared to spend much more, she said.

“The two prized items sold out. I think a lot more damage would have been done,” Renwick said, adding she’s still determined to buy a sweater at a later date.

Renwick estimated she’s spent about $500 in total on “all-things Eras Tour,” including her concert outfit and merchandise.

The long queue for Swift merch is just a snapshot of what the city will see in the coming days. It’s estimated that up to 500,000 visitors from outside Toronto will be in town during the concert period.

Tens of thousands more are also expected to attend Taylgate’24, an unofficial Swiftie fan event scheduled to be held at the nearby Metro Toronto Convention Centre.

Meanwhile, Destination Toronto has said it anticipates the economic impact of the Eras Tour could grow to $282 million as the money continues to circulate.

But for fans like Haronitis, the experience in Toronto comes down to the Swiftie community. Knowing that Swift is going to be in the city for six shows and seeing hundreds gather just for merchandise is “awesome,” she said.

Even though Haronitis hasn’t officially bought her ticket yet, she said she’s excited to see the megastar.

“It’s literally incredible.”

This report by The Canadian Press was first published Nov. 13, 2024.

The Canadian Press. All rights reserved.



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Via Rail seeks judicial review on CN’s speed restrictions

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OTTAWA – Via Rail is asking for a judicial review on the reasons why Canadian National Railway Co. has imposed speed restrictions on its new passenger trains.

The Crown corporation says it is seeking the review from the Federal Court after many attempts at dialogue with the company did not yield valid reasoning for the change.

It says the restrictions imposed last month are causing daily delays on Via Rail’s Québec City-Windsor corridor, affecting thousands of passengers and damaging Via Rail’s reputation with travellers.

CN says in a statement that it imposed the restrictions at rail crossings given the industry’s experience and known risks associated with similar trains.

The company says Via has asked the courts to weigh in even though Via has agreed to buy the equipment needed to permanently fix the issues.

Via said in October that no incidents at level crossings have been reported in the two years since it put 16 Siemens Venture trains into operation.

This report by The Canadian Press was first published Nov. 13, 2024.

Companies in this story: (TSX:CN)

The Canadian Press. All rights reserved.



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