RELIGIOUS EXEMPTION

Legality and concerns over removal of religious exemption

Aug 25, 2021 | 5:23 PM

PRINCE GEORGE—One of the changes with the upcoming proof of vaccination mandate is that only those under 12 are exempt. Meaning those with religious or medical reasons for not getting the vaccine, won’t be allowed in some indoor spaces next month. Which left some confused.

When asked, Provincial Health Officer Dr. Bonnie Henry clarified that at her COVID-19 press conference on Monday.

“Yeah, so the short answer is no,” said Henry.

Henry added that faith-based services are not included in the proof of vaccination mandate. Meaning they will not have to require people to be vaccinated to enter their institutions.

While churches are off the hook, Pastor Tim Schouten of the Canadian Reformed Church is worried more restrictions will happen down the road.

The church is part of the Canadian and American Reformed Churches. A north american federation which has no formal stance on vaccines.

“Each individual church is essentially responsible for making their own statement,” said Schouten.

But when it comes to mandatory vaccinations, the pastor say that members of his church are almost all on the same page.

“There’s a lot of conversations and I think on the topic of vaccination mandates there would be a lot of unanimity. A lot of opposition to that,” said Schouten.

The path that the province is taking could pose ethical issues down the road.

“When you’re in that position where you have some hesitation and you’re basically forced to–not physically forced–but coerced but you’re refused services, that’s a huge concern,” said Schouten.

It can also create legal concerns as well.

“There’s going to be an ocean of litigation across the country fighting back against this kind of compulsion.” said Paul Jaffe, Barrister & Solicitor, Jaffe Law Firm.

Jaffe has worked with the Justice Centre for Consitutional Freedoms. He says that there are enactments that allow governments to impose conditions on gatherings based off of public health orders.

But there are no laws that allow them to supersede religious freedoms since they are written within our Charter of Rights.

“There are no laws that permit governments to impose mandates like this, but there’s an ocean of case laws on principles and well recognized values that would stop them from doing this,” said Jaffe.

He says he’s worried that legal system may get clogged up in battles over mandates like this one.

“I don’t know if there’s enough lawyers and courts in the country to deal with what—I anticipating [sic] happening,” said Jaffe.

The pastor says that he hopes no further restrictions are extended to faith-based service.