TSDB's Mandatory Vaccination Policy Does Not Breach Section 7 Of The Charter, Arbitrator Finds

In a decision issued earlier this year, The Toronto District School Board and CUPE, Local 4400 (Re COVID-19 Vaccine Procedure), Arbitrator William Kaplan upheld the mandatory vaccination policy of the Toronto District School Board (TDSB). In his decision, issued March 22, 2022, Arbitrator Kaplan concluded that the policy did not infringe section 7 of the Canadian Charter of Rights and Freedoms, which protects the right to life, liberty and security of the person — a right that can be denied only if the denial does not breach fundamental justice. Arbitrator Kaplan also determined that the policy was a reasonable exercise of management rights. The decision is another example of labour arbitrators' attempts to balance the rights and interests of employees with the risks of harm associated with the COVID-19 pandemic.