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ARTICLE · 08 APRIL 2022

Omicron Variant At The Forefront Of COVID-19 Vaccination Policy Challenge

Cox & Palmer
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The recent arbitration decision of Toronto District School Board and CUPE, Local 4400 (Re: PR734 Vaccine Procedure) (the "Decision") considers the reasonableness of the Toronto District School Board's (the "TDSB") ...

CanadaEmployment and HR
Cox & Palmer
Cox & Palmer
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The recent arbitration decision of Toronto District School Board and CUPE, Local 4400 (Re: PR734 Vaccine Procedure) (the "Decision") considers the reasonableness of the Toronto District School Board's (the "TDSB") COVID-19 vaccination policy while taking into consideration the Omicron variant. It also addresses the question of whether section 7 of the Canadian Charter of Rights and Freedoms (the "Charter") was infringed by the policy.

Background

Since the start of the pandemic, schools in Ontario have moved back and forth between in-person and virtual learning at various times in response to outbreaks and new variants of COVID-19.

In mid-August 2021, the Ontario government announced a vaccination status disclosure ("VSD") requirement for all employees working at publicly funded school boards. Following this, TDSB's Board of Trustees voted unanimously to develop a mandatory vaccination procedure for TDSB employees. Consultation took place with affected

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