B.C. vaccine passport: Lack of exemption could spur legal challenges

VANCOUVER (NEWS 1130) – B.C.’s plan to bring in COVID-19 vaccine passports starting next month has been met with mixed reaction, and parts of it could spur legal challenges, in the view of one lawyer.

There has been support for such a system, as daily cases rise once again across the province. But there are also questions around the legality of it, given B.C. has not included any exemptions for people who are unable to get the jab for health, religious, or other reasons. The only individuals who are exempt are children under the age of 12.

The vaccine passport system will exclude unvaccinated people from a wide range of non-essential activities, such as going to the movies, indoor concerts, sporting events, movies, and restaurants. And this applies to people who want to get a shot but can’t for whatever reason.

Criminal defence lawyer Michael Shapray feels those with valid medical reasons could have an argument in court.

“I think there’s certainly the possibility that somebody is going to challenge this based on a violation of their privacy, or potentially on some sort of a human rights violation if they can make that out. I think we’ll probably see a legal challenge,” he explained.

Related video: B.C. announces vaccine card for non-essential activities

That said, in practical terms, Shapray says it takes time for the court process to play out — and in the meantime, if you are trying to go to a specific event, you could be blocked while any challenge moves through the system.

Starting Sept. 13, only people with at least one shot of a COVID-19 vaccine will be able to access certain events, services, and businesses. By Oct. 24, people must be fully vaccinated to take part in non-discretionary activities.

The proof of vaccination requirement will remain in place until at least Jan. 31, 2022, “subject to extension,” according to the province’s website. However, Provincial Health Officer Dr. Bonnie Henry said Monday while the intent is to keep this plan in place until the new year, the province will be reassessing month by month throughout the fall.

The topic of vaccine passports has been a controversial one. While Shapray says there have been other instances where vaccination is required, within certain workplaces, for example. But he notes there are usually exceptions included for people who can provide a medical document or other similar proof.

“But this doesn’t have that exception from what we can tell so far and that may be another area where someone with some form of a medical condition that legitimately doesn’t allow them to become vaccinated may face, and that’s a breach of their rights to do things based on this provincial legislation,” he told NEWS 1130.

“And that could, of course, lead to a challenge that would probably gain more traction than just someone who was saying ‘look, I don’t want to get vaccinated because it’s my own personal choice.'”

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On Monday, B.C.’s top doctor said, “If there are those rare people who have a medical reason why they can’t be immunized, these are discretionary events that we’re talking about, so they will not be able to attend those events through this period of time of high risk.”

The news has already drawn criticism from many disability advocates.

The province has said people will be able to show proof of vaccination starting in September through a B.C. vaccine card website, to be unveiled at a later date. People who cannot access their proof of vaccine online will be able to do so through a call centre.

-With files from Marcella Bernardo and Claire Fenton