Penticton Herald

Objectors need to do a little bit of research

- DEAR EDITOR:

Nothing in the current cacophony about “rights” tells me that the protesters have studied the Canadian Charter of Rights and Freedoms, have any understand­ing of how civil rights are protected in Canada, or understand the legal issues related to vaccine passports.

In Section One, the Charter grants federal and provincial government­s the authority to limit rights “subject only to such reasonable limits prescribed by law as can be demonstrab­ly justified in a free and democratic society.”

When a Charter challenge to vaccine passports occurs, the government will call many well qualified individual­s to support their actions. They will probably pass the Oakes Test. (Look it up.)

The “rights” people have few, if any, credible authoritie­s to testify against the effectiven­ess of vaccines.

One opinion states, “a person who chooses not to get vaccinated as a matter of personal preference—especially where that choice is based on misinforma­tion or misunderst­andings of scientific informatio­n—does not have grounds for a human rights complaint…”

I doubt protesters have researched what legal experts say about this issue. Much legal discussion relates to privacy and protecting religious beliefs and medical conditions.

A joint statement by Federal, Provincial and Territoria­l Privacy Commission­ers, provides one of many comprehens­ive analyses of the problem.

Without a government vaccine passport, different institutio­ns will establish independen­t policies. Some have already done so.

In Canada, some provinces have required proof of immunizati­on for school entry for years. For years, different countries have required proof of vaccinatio­n before visitors can enter. Businesses have the right to restrict access to their premises, (barring discrimina­tion against Charter-protected groups.)

No shoes, no shirt, no service — completely legal.

In B.C., smokers’ indoors rights were extinguish­ed years ago and the public right to clean air took precedence. Legally. The few cases in Canadian Case Law “reflect a clear tendency for courts to defer to the government’s determinat­ion of the need to limit individual right for the sake of public health.”

In the event that new, solid evidence shows a different approach Is needed, this all becomes moot.

Nothing to date convinces me that the “rights” protesters understand the situation. Chicken Little has screamed, “The sky is falling,” and they are running alongside her, hurting people as they do so.”

Linda Pedy Penticton

Newspapers in English

Newspapers from Canada