My husband just got an email stating if he doesn’t get vaccinated for Covid 19 that he’ll be let go. I’m curious to

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Customer: My husband just got an email stating if he doesn’t get vaccinated for Covid 19 that he’ll be let go. I’m curious to know, is this not illegal? Isn’t it against a charter right or medical freedoms or something?
JA: The Lawyer can help you determine if that's legal. Where are you located? These laws vary by state.
Customer: Calgary Alberta
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by Ulysses101 in 28 mins 1 year ago
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Ulysses101
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Ulysses101, Expert

Hello, thank you for the question.  Does your husband belong to a labour union?  What industry is he in?  Is the letter from his employer or from the government directly?

Customer
He is not in a union, he's in sales in oil and gas. The email was from his employer.
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Ulysses101, Expert

Does it cite in the letter the federal mandate that in his employment sector, everyone must be vaccinated?

Customer
I don't believe so. There is no federal mandate for vaccination that I'm aware of?
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Ulysses101, Expert

This was announced over two weeks ago, that federal civil servants and those working in certain industries or have federal government contracts, will have to be fully vaccinated or provide regular negative covid tests if there's a legitimate reason to not be vaccinated.

https://www.canada.ca/en/treasury-board-secretariat/news/2021/08/government-of-canada-to-require-vaccination-of-federal-workforce-and-federally-regulated-transportation-sector.html

Please read through that.  Is this the policy to which the employer is referring?

Customer
He works for a private company, he's doesn't work for anything federally regulated.
Customer
I'm extremely curious as to how a government can demand every employee to receive a medical treatment that has no longevity testing, for an illness with a 99% survival rate. That doesn't seem like an urgent enough reason to force a medical procedure on to an employee who wishes to wait for more long term studies to be done. Do we have no rights to any of this at all?
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Ulysses101, Expert

The governments are getting around the constitutional issue by saying that nobody is being forced to be vaccinated.  A person can still refuse, but then have to provide regular test results that are negative.  Some provinces seem to be following suit.  Your husband can ask the employer whether this is an internal policy or one being imposed on it by a government body; if the former then ask what gives the employer the authority to demand vaccination, and if the latter ask which government and by what decree it has given the employer this mandate.  Then take it up with that government agency.

Customer
Okay! And can an employer legally demand they be vaccinated?I feel they're trying to get around it by giving options, but they're saying if you can prove medical reason for not vaccinating, then they'll provide rapid testing, though it's unreliable and subject to their discretion, and if it becomes to much of a hassle or disruption, then the unvaccinated will be let go.
Customer
Doesn't the right to gainful employment have any sway in this situation?
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Ulysses101, Expert

There is no such right.

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Ulysses101, Expert

The employer can demand that the employees be vaccinated, or wear all a single colour, or all attend a certain church.  To do so may be illegal, and certainly grounds for a civil suit and a Human Rights complaint by any employee for discrimination, among other reasons.

Anyone who is let go will certainly have the option of suing the employer for termination pay and other damages.  And the Human Rights Tribunal could order that the employer give the job back, unless there's a federal mandate against it, which turns into a suit against the government again.

Customer
Okay sorry I mis remembered the charter right and i was thinking the right to pursue a livelihood in any province.Okay, so they can do it, however we have grounds to take action if they do?
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Ulysses101, Expert

You can always consider yourself constructively dismissed and bring it to the Human Rights Tribunal, which will take years to sort out, or sue for termination pay which will be shorter and look for other work.  Many many others are in the same position and this is an evolving legal issue in Canada.  I can't predict what the Supreme Court will do with the inevitable constitutional challenge.

Customer
Okay. Thank you for helping me out with this !
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Ulysses101, Expert

You're very welcome.  I'm here if you have follow-up questions on this topic, at no additional charge.

If you're pleased with this service, I'd appreciate a 5-star rating on your app or webpage.  If you want to find me specifically in the future for questions, you could Favourite me in order to request me directly, and/or begin with For Ulysses Only and it should be left for my attention.  And I'm always thrilled to get a tip.

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