Behind the decision by businesses to require proof of vaccination
An Edmonton restaurant is requiring patrons be double vaccinated in order to dine indoors, something experts say falls in a somewhat legal grey area.
Since the provincial mask mandate in Alberta lifted on July 1, business were left to decide whether patrons had to continue wearing masks inside or not.
One restaurant, Fleisch, has announced it will require customers to have two doses of a COVID-19 vaccine if they want to dine inside the restaurant.
Fleisch management declined to comment for this story, but in the announcement called the decision an "easy" one, noting, "Community > everything."
“If that’s their prerogative then, by all means, we support any business and their choice to do so,” said Ernie Tsu, the president of the Alberta Hospitality Association.
The decision on whether businesses can legally require proof of vaccination is a grey area, according to experts.
“It really depends on the type of business… it could be contrary to certain pieces of legislation and certain considerations that are in place,” said Lauren Chalaturnyk, an associate lawyer.
“Businesses do need to be quite careful that they’re balancing (health and safety) obligations with privacy and human rights considerations.”
Private businesses are able to decide who they provide services to and who they don’t, but they can’t discriminate on the basis of something protected in the Alberta Human Rights Act, according to Chalaturnyk.
Religion, physical and mental disabilities are covered in the act, things that might prevent someone from getting vaccinated.
“Human rights law requires that those businesses accommodate individuals who can’t get vaccinated due to, for example, health reasons,” said Dr. Lorian Hardcastle, an associate professor with the faculty of law at the University of Calgary.
“We don’t know, yet, what reasonable accommodation of those who cannot get vaccinated will look like.”
- University of Alberta community calls for campus vaccine mandate
- COVID-19 in Alberta: Hospitalizations up nearly 50 per cent since start of the month
The Human Rights Act doesn't protect people who simply don't want to get vaccinated, added to Hardcastle.
When the mask mandate ended on Canada Day, a provincial human rights tribunal issued guidance for businesses. Further guidance on businesses requiring proof of vaccination is something experts are hoping for.
“I hope we do see guidance, it is certainly possible that allowing people to dine outside over inside would be viewed as a reasonable accommodation,” said Hardcastle.
In addition to human rights concerns, there could also be privacy concerns depending on how information on proof of vaccination is taken.
“If a record is being provided, then you’re holding onto personal information, and it’s personal health information, which has some pretty stringent requirements attached to it in terms of how it’s collected, used, disclosed,” said Chalaturnyk.
If businesses require being shown a record of vaccination, but don’t record the information, “there isn’t that same risk of having those same records disclosed or having that data accessed,” according to Hardcastle.
If a business is found to be in violation of the Human Rights Act, there could be a financial impact.
“It’s very dependent on the impact on the complainant and the response that the business is able to give that would determine how significant that financial impact could be,” said Chalaturnyk.
“The Alberta Human Rights Commission can also issue some very unique remedies like requiring a business to put in a non-discrimination policy, or require their employees to do something akin to sensitivity training.”
The financial penalty can range from a couple thousand dollars to $25,000, added Chalaturnyk.
“We would recommend seeking out some legal advice to make sure that all of those considerations are being properly balanced before going down that path,” said Chalaturnyk.
“We’re really going to have to see the cases play out, and in some ways that’s what makes it hard to be those pioneering businesses passing these requirements,” said Hardcastle.
With files from CTV News Edmonton’s Ryan Harding
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6562861.1720110688!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
Trying to sell or buy a home this summer? What a realtor says you should know
In the first few weeks of summer, the real estate sector is experiencing an upturn marked by more housing inventory, a Canadian realtor says
What you need to know about a possible LCBO strike on Friday
Ontarians could see long lineups at LCBO stores across the province today as customers prepare for a possible strike that will close all LCBO locations for the next two weeks.
Nathan's hot dog eating contest: Bertoletti eats 58 hot dogs to claim Mustard Belt, Sudo wins 10th women's title
Patrick Bertoletti of Chicago has won his first men’s title at the annual Nathan’s Famous Fourth of July hot dog eating contest, while dental hygiene student Miki Sudo of Florida has won her 10th title.
No Frills grocery stores drop 'multi-buy' offer
As receipts tick ever higher for Canadians at the grocery store and shoppers continue to search for savings, one Canadian grocer has ended a perceived deal.
Victoria and David Beckham recreate their wedding day photos 25 years later
The British power couple got hitched in 1999, fusing the worlds of fashion and football forever. While their marriage has endured 25 years later, the pair have come to regret some of the minor details of their big day.
Hurricane Beryl churns toward Mexico after leaving destruction in Jamaica and eastern Caribbean
Hurricane Beryl ripped off roofs in Jamaica, jumbled fishing boats in Barbados and damaged or destroyed 95 per cent of homes on a pair of islands in St. Vincent and the Grenadines before rumbling past the Cayman Islands early Thursday and taking aim at Mexico's Caribbean coast. At least nine people were killed.
Son asks court to sell B.C. home he co-owns with his mother, despite her objections
A B.C. judge has ordered the sale of a Surrey home despite the objections of the woman who lives there, who owns it jointly with her son.
Will Justin Trudeau step down, or stay on? Survey shows what Canadians think
A majority of Canadians think Prime Minister Justin Trudeau will stay on to lead his party in the next election even as his approval ratings are still extremely low, a new poll suggests.
Ottawa landlord left with hefty bill after tenant trashes rental property
A landlord in Ottawa is facing thousands of dollars in repairs after his tenant left his only rental property damaged and disorderly.