Human Rights Commission monitoring Manitoba's release of immunization cards

WINNIPEG -

The Manitoba Human Rights Commission said it is monitoring the province’s release of immunization cards to ensure that government, employers, and service and housing providers use these cards in a way that complies with human rights obligations.

The commission released a statement on Thursday, noting it is also reminding these groups to respect human rights when it comes to vaccination requirements, mandatory vaccine policies and vaccination incentives.

The commission notes that requiring people to provide proof of vaccination to access employment, public services, or housing could result in discrimination based on disability, religious beliefs, political beliefs, social disadvantages and age. These grounds are all protected under the Human Rights Code.

It adds that it can also negatively impact people who can’t equitably access vaccinations and other public health resources due to certain disadvantages, such as poverty. The commission said that if people are also required to show valid photo identification with their proof of vaccination, it can magnify barriers in accessing photo identification.

“The Commission is also mindful that imposing identification requirements can result in adverse effects for communities that are more disproportionately impacted by carding, profiling or other identification requirements, such as Black, Indigenous and people of colour and people with disabilities,” it said in its statement.

The Manitoba Human Rights Commission said if mandatory vaccine and vaccine identification requirements are put in place, it must be justifiable.

To be permissible under human rights law, a mandatory vaccine and vaccine card requirement need to satisfy the standards set out by the Supreme Court of Canada, which include:

• The requirement has a rational connection to employment or provision of service;
• The requirement be adopted in an honest and good faith belief that it is necessary on the fulfillment of an employment or service-related purpose; and
• The requirement is reasonably necessary for the purpose of service provision.

“The requirement for mandatory vaccination, or the imposition of vaccination identification or incentives has implications for both direct and indirect forms of discrimination for Code-protected groups,” the commission said.

“Such a requirement could result in denials of service or employment for individuals who for Code-related reasons cannot participate in vaccination and the exacerbation of barriers to equity for individuals who experience structural disadvantage. Governments, employers, service and housing providers should exercise extreme caution in imposing any requirements or programs.”

CTV Winnipeg has reached out to the Manitoba government for comment.