Dear Sisters and Brothers,
The Post has been edited for clarity due to some questions raised and links where all information is sourced is at the bottom.
Those that are unable to be fully vaccinated for reasons such as medical or prohibited grounds of discrimination as defined in the Canadian Human Right Act, or those that are in the works of getting their vaccination; there is accommodation process to follow and the Union can offer guidance.
In recent days several members have approached Union Reps with concerns about what is coming down the line regarding the Government mandated vaccination vs their individual rights. They ask ‘is my Union’ going to fight for me?’
Those that are unwilling to be vaccinated for the coronavirus have referred to Section 7 of the Charter “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” They argue that ‘it’s against the Charter’ and their ‘right to work’ unvaccinated.
Because of the mandate, those that are unwilling to be vaccinated would be placed on leave without pay, and as of the time of writing, we have no information if the Employer would hold your position indefinitely.
Sources say there is a difference between a ‘forced’ vaccination and Mandated vaccination. In the mandated vaccinations, there is a choice; however, the limits of freedoms such as eating at a restaurant or even getting paid, it may not feel much like a choice.
Section 1 of the charter ‘all of the rights and freedoms in the charter are subject to such reasonable limits as can be demonstrably justified in a free and democratic society,’ sources say this means is if the Government can demonstrate that a global pandemic exists, they can reasonably limit peoples rights and freedoms to protect the public.
The Government states Public safety as one reason for the mandate; in the past it has been generally accepted that public safety outweigh the individual preferences or individual ‘rights’. If the Government were to be challenged on their Mandate and challenged on the alleged infringements, it may be very difficult as they will attempt to demonstrate a Global pandemic exists and it is tied to ‘Public Safety’.
The answer to is ‘my Union going to fight for me’. As always we seek and advocate for options to every scenario, to expand and protect rights; however, we may not be able to satisfy every single member’s preferences.
The Union have been advocating for and encouraging vaccination and the opening of more accessible clinics because sources show that being vaccinated is protective. We encourage you to take advantage of our Health Care including vaccinations.
The right to work in a safe environment free of biohazards is everyone right. The data shows that the vaccinated are less likely to spread the virus and its variants; sources also show the unvaccinated have a higher risk of spreading the virus and its consequences.
If you still feel your rights are violated under this mandated vaccination you are free to take it up through other legal means. At the time of writing this, the Local does not have any new information if we have legal recourse or not.
Any new information we receive are from our National website cupw.ca
If you have any questions or concerns, you are free to register and join us at our next General Membership meeting on November 6th, 10:00am.
Page to Register and Join CLICK HERE
Vice-President Local 560