Truth Tracker: Do vaccine mandates violate Canadians' charter rights? - CTV News | Canada News Media
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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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Looking for the next mystery bestseller? This crime bookstore can solve the case

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WINNIPEG – Some 250 coloured tacks pepper a large-scale world map among bookshelves at Whodunit Mystery Bookstore.

Estonia, Finland, Japan and even Fenwick, Ont., have pins representing places outside Winnipeg where someone has ordered a page-turner from the independent bookstore that specializes in mystery and crime fiction novels.

For 30 years, the store has been offering fans of Agatha Christie’s Hercule Poirot or Arthur Conan Doyle’s Sherlock Holmes a place to get lost in whodunits both old and new.

Jack and Wendy Bumsted bought the shop in the Crescentwood neighbourhood in 2007 from another pair of mystery lovers.

The married couple had been longtime customers of the store. Wendy Bumsted grew up reading Perry Mason novels while her husband was a historian with vast knowledge of the crime fiction genre.

At the time, Jack Bumsted was retiring from teaching at the University of Manitoba when he was looking for his next venture.

“The bookstore came up and we bought it, I think, within a week,” Wendy Bumsted said in an interview.

“It never didn’t seem like a good idea.”

In the years since the Bumsteds took ownership, the family has witnessed the decline in mail-order books, the introduction of online retailers, a relocation to a new space next to the original, a pandemic and the death of beloved co-owner Jack Bumsted in 2020.

But with all the changes that come with owning a small business, customers continue to trust their next mystery fix will come from one of the shelves at Whodunit.

Many still request to be called about books from specific authors, or want to be notified if a new book follows their favourite format. Some arrive at the shop like clockwork each week hoping to get suggestions from Wendy Bumsted or her son on the next big hit.

“She has really excellent instincts on what we should be getting and what we should be promoting,” Micheal Bumsted said of his mother.

Wendy Bumsted suggested the store stock “Thursday Murder Club,” the debut novel from British television host Richard Osman, before it became a bestseller. They ordered more copies than other bookstores in Canada knowing it had the potential to be a hit, said Michael Bumsted.

The store houses more than 18,000 new and used novels. That’s not including the boxes of books that sit in Wendy Bumsted’s tiny office, or the packages that take up space on some of the only available seating there, waiting to be added to the inventory.

Just as the genre has evolved, so has the Bumsteds’ willingness to welcome other subjects on their shelves — despite some pushback from loyal customers and initially the Bumsted patriarch.

For years, Jack Bumsted refused to sell anything outside the crime fiction genre, including his own published books. Instead, he would send potential buyers to another store, but would offer to sign the books if they came back with them.

Wendy Bumsted said that eventually changed in his later years.

Now, about 15 per cent of the store’s stock is of other genres, such as romance or children’s books.

The COVID-19 pandemic forced them to look at expanding their selection, as some customers turned to buying books through the store’s website, which is set up to allow purchasers to get anything from the publishers the Bumsteds have contracts with.

In 2019, the store sold fewer than 100 books online. That number jumped to more than 3,000 in 2020, as retailers had to deal with pandemic lockdowns.

After years of running a successful mail-order business, the store was able to quickly adapt when it had to temporarily shut its doors, said Michael Bumsted.

“We were not a store…that had to figure out how to get books to people when they weren’t here.”

He added being a community bookstore with a niche has helped the family stay in business when other retailers have struggled. Part of that has included building lasting relationships.

“Some people have put it in their wills that their books will come to us,” said Wendy Bumsted.

Some of those collections have included tips on traveling through Asia in the early 2000s or the history of Australian cricket.

Micheal Bumsted said they’ve had to learn to be patient with selling some of these more obscure titles, but eventually the time comes for them to find a new home.

“One of the great things about physical books is that they can be there for you when you are ready for them.”

This report by The Canadian Press was first published on Sept. 15, 2024.



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Labour Minister praises Air Canada, pilots union for avoiding disruptive strike

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MONTREAL – Canada’s labour minister is praising both Air Canada and the union representing about 5,200 of its pilots for averting a work stoppage that would have disrupted travel for hundreds of thousands of passengers.

Steven MacKinnon’s comments came in a statement shared to social media shortly after Canada’s largest air carrier announced it had reached a tentative labour deal with the Air Line Pilots Association.

MacKinnon thanked both sides and federal mediators, saying the airline and its pilots approached negotiations with “seriousness and a resolve to get a deal.”

The tentative agreement averts a strike or lockout that could have begun as early as Wednesday for Air Canada and Air Canada Rouge, with flight cancellations expected before then.

The airline now says flights will continue as normal while union members vote on the tentative four-year contract.

Air Canada had called on the federal government to intervene in the dispute, but Prime Minister Justin Trudeau said Friday that would only happen if it became clear no negotiated agreement was possible.

This report from The Canadian Press was first published Sept. 15, 2024.

Companies in this story: (TSX:AC)

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As plant-based milk becomes more popular, brands look for new ways to compete

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When it comes to plant-based alternatives, Canadians have never had so many options — and nowhere is that choice more abundantly clear than in the milk section of the dairy aisle.

To meet growing demand, companies are investing in new products and technology to keep up with consumer tastes and differentiate themselves from all the other players on the shelf.

“The product mix has just expanded so fast,” said Liza Amlani, co-founder of the Retail Strategy Group.

She said younger generations in particular are driving growth in the plant-based market as they are consuming less dairy and meat.

Commercial sales of dairy milk have been weakening for years, according to research firm Mintel, likely in part because of the rise of plant-based alternatives — even though many Canadians still drink dairy.

The No. 1 reason people opt for plant-based milk is because they see it as healthier than dairy, said Joel Gregoire, Mintel’s associate director for food and drink.

“Plant-based milk, the one thing about it — it’s not new. It’s been around for quite some time. It’s pretty established,” said Gregoire.

Because of that, it serves as an “entry point” for many consumers interested in plant-based alternatives to animal products, he said.

Plant-based milk consumption is expected to continue growing in the coming years, according to Mintel research, with more options available than ever and more consumers opting for a diet that includes both dairy and non-dairy milk.

A 2023 report by Ernst & Young for Protein Industries Canada projected that the plant-based dairy market will reach US$51.3 billion in 2035, at a compound annual growth rate of 9.5 per cent.

Because of this growth opportunity, even well-established dairy or plant-based companies are stepping up their game.

It’s been more than three decades since Saint-Hyacinthe, Que.-based Natura first launched a line of soy beverages. Over the years, the company has rolled out new products to meet rising demand, and earlier this year launched a line of oat beverages that it says are the only ones with a stamp of approval from Celiac Canada.

Competition is tough, said owner and founder Nick Feldman — especially from large American brands, which have the money to ensure their products hit shelves across the country.

Natura has kept growing, though, with a focus on using organic ingredients and localized production from raw materials.

“We’re maybe not appealing to the mass market, but we’re appealing to the natural consumer, to the organic consumer,” Feldman said.

Amlani said brands are increasingly advertising the simplicity of their ingredient lists. She’s also noticing more companies offering different kinds of products, such as coffee creamers.

Companies are also looking to stand out through eye-catching packaging and marketing, added Amlani, and by competing on price.

Besides all the companies competing for shelf space, there are many different kinds of plant-based milk consumers can choose from, such as almond, soy, oat, rice, hazelnut, macadamia, pea, coconut and hemp.

However, one alternative in particular has enjoyed a recent, rapid ascendance in popularity.

“I would say oat is the big up-and-coming product,” said Feldman.

Mintel’s report found the share of Canadians who say they buy oat milk has quadrupled between 2019 and 2023 (though almond is still the most popular).

“There seems to be a very nice marriage of coffee and oat milk,” said Feldman. “The flavour combination is excellent, better than any other non-dairy alternative.”

The beverage’s surge in popularity in cafés is a big part of why it’s ascending so quickly, said Gregoire — its texture and ability to froth makes it a good alternative for lattes and cappuccinos.

It’s also a good example of companies making a strong “use case” for yet another new entrant in a competitive market, he said.

Amid the long-standing brands and new entrants, there’s another — perhaps unexpected — group of players that has been increasingly investing in plant-based milk alternatives: dairy companies.

For example, Danone has owned the Silk and So Delicious brands since an acquisition in 2014, and long-standing U.S. dairy company HP Hood LLC launched Planet Oat in 2018.

Lactalis Canada also recently converted its facility in Sudbury, Ont., to manufacture its new plant-based Enjoy! brand, with beverages made from oats, almonds and hazelnuts.

“As an organization, we obviously follow consumer trends, and have seen the amount of interest in plant-based products, particularly fluid beverages,” said Mark Taylor, president and CEO of Lactalis Canada, whose parent company Lactalis is the largest dairy products company in the world.

The facility was a milk processing plant for six decades, until Lactalis Canada began renovating it in 2022. It now manufactures not only the new brand, but also the company’s existing Sensational Soy brand, and is the company’s first dedicated plant-based facility.

“We’re predominantly a dairy company, and we’ll always predominantly be a dairy company, but we see these products as complementary,” said Taylor.

It makes sense that major dairy companies want to get in on plant-based milk, said Gregoire. The dairy business is large — a “cash cow,” if you will — but not really growing, while plant-based products are seeing a boom.

“If I’m looking for avenues of growth, I don’t want to be left behind,” he said.

Gregoire said there’s a potential for consumers to get confused with so many options, which is why it’s so important for brands to find a way to differentiate themselves, whether it’s with taste, health, or how well the drink froths for a latte.

Competition in a more crowded market is challenging, but Taylor believes it results in better products for consumers.

“It keeps you sharp, and it forces you to be really good at what you’re doing. It drives innovation,” he said.

This report by The Canadian Press was first published Sept. 15, 2024.



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