The thorny issue of mandatory vaccinations under discussion

Could this be a precursor to a COVID-19 vaccine debate?

While there is no vaccine against COVID-19 in sight, there are a number of vaccines well-established against a variety of illnesses. The issue of making them mandatory has always resulted in heated debates. In Canada three provinces have semi-mandatory vaccination programmes for schoolchildren.

In Ontario, Manitoba, and New Brunswick children must be vaccinated against certain diseases, like measles, or they aren’t allowed in school.

There are however exemptions for medical reasons, and for religious and philosophical reasons.

New Brunswick’s education minister Dominic Cardy has introduced Bill-11 which would eliminate all exemptions except for medical reasons. When first proposed last year it has sparked heated opposition from anti-vaccination individuals.

Re-introduced it now also carries a “notwithstanding clause”, a legal manouevre that allows provincial laws exemption from challenges through the Charter of Rights and Freedoms, such as on religious grounds.

The Bill was created prior to the current pandemic and makes no mention of it, but quoted in the CBC, Cardy said, “Because this won’t be the end of the discussion. Vote yes or no on this bill, if there’s a vaccine for COVID-19, how will we have that conversation? These are the problems we’re all going to face as legislators. The question now is what we do about it.

The whole issue of mandatory vaccination, has always sparked a degree of strong opposition.  The federal Liberal government of Justin Trudeau has mentioned the idea of mandatory vaccination once a COVID-19 is available, but only as a brief discussion point. Experts say it is unlikely to ever come to be imposed as mandatory simply because of the controversy..

The non-profit legal group, Justice Centre for Constitutional Freedoms (JCCF) in an email to RCI stated their concerns especially the inclusion of the notwithstanding clause. “We oppose the use of the Notwithstanding Clause in these circumstances to shield this legislation from constitutional challenge. It is profoundly undemocratic to invoke section 33 to prevent judicial oversight when the contents of the Bill have never been tested in court. There are serious constitutional issues arising from mandatory vaccination. It represents an attack on personal choice and autonomy and infringes several fundamental rights and freedoms protected by the Charter, including liberty and security of the person as protected by section 7, and freedom of conscience and religion as protected by section 2(a). Concerns have been raised by the public, advocacy groups and experts regarding how unnecessary the Bill is and how it will prevent access to public education”.

New Brunswick’s Progressive Conservative Premier has said he will allow members a free vote on the Bill, currently being discussed. Opposition parties have their own reservations, but have clearly stated that they will vote against if the clause remains part of the bill.

additional information-sources

• JCCF
• CBC: J Poitras: Jun 9/20: Much anticipated mandatory vaccination debate begins in N.B. legislature
• CBC:J.Poitras: Jun 10/20: PC MLA won’t back vaccination bill, further jeopardizing safe passage in current form
• Canadian Press (PostMedia): L.Osman: Apr 28/20: Complex challenges mean mandatory COVID-19 vaccine unlikely; experts