Canadian provinces are currently in the early stages of
distributing the COVID-19 vaccine. As a result, many employers are
wondering whether they can or need to mandate vaccination as a
condition of employment.
However, it is currently uncertain whether employers can make
COVID-19 vaccines mandatory for their workplaces. It's a
complicated issue involving many different and competing social,
ethical, and legal requirements. Finding the right answer involves
balancing these factors which include privacy interests, human
rights, labour and employment law, and tort liability.
This article outlines a principled approach in Occupational
Health and Safety law (“OHS”) to
follow when considering the vaccine question. For more information
about the other relevant factors to consider, see the McLennan Ross LLP COVID-19
webpage.
