Meanwhile, anyone hoping to make the argument that businesses have a duty to accommodate their choice not to get vaccinated on human rights grounds should take a look at the Ontario Human Rights Commission’s new policy statement on COVID-19
vaccine mandates and proof-of-vaccination certificates.
“OHRC’s position is that a person who chooses not to be vaccinated based on personal preference does not have the right to accommodation under the (Human Rights Code),” the commission wrote.
While “creed” is a protected ground under the code, which an unvaccinated person could try to argue their choice not to get the shot falls under, “the OHRC is not aware of any tribunal or court decision that found a singular belief against vaccinations or masks amounted to a creed within the meaning of the Code.”
Further, the commission writes, “personal preferences or singular beliefs do not amount to a creed for the purposes of the Code.”