Table 2:

Canadian legal cases related to condition-of-service policies for influenza vaccination of health care workers

Condition-of-service policy	Area of law
Condition-of-service policy	Employment law	Human rights codes	Canadian Charter of Rights and Freedoms
May not work during facility outbreak^*	In all but one case, policies are lawful	No relevant cases	Where applicable^§, cases have been divided on whether such policies violate the right to liberty and security of person (section 7)
Vaccinate or mask^†	Policies are lawful	Lawful if the policy provides exemptions for creed and disability	Where applicable^§: No violation of the right to liberty and security (section 7) Possible violation of the right to freedom of expression (section 2b), which would be justified by section 1^¶
Vaccination required^‡	Policies are lawful	Lawful if the policy provides exemptions for creed (no cases related to disability)	No relevant cases

↵* “May not work during facility outbreak” policies require workers who are not vaccinated against influenza to not work in a health care facility during a declared facility outbreak of influenza (decisions42–46).
↵† Vaccinate-or-mask policies require unvaccinated health care workers to wear a mask while in areas where patient care is provided or patients may be present during the winter or influenza season (single decision47).
↵‡ Vaccination-required policies require that workers be vaccinated against influenza annually if they wish to work for the facility or agency (3 decisions48–50).
↵§ The charter applies to government policies. Whether the charter applies to health care facility and/or agency policies is a complex legal question and is addressed in the main text.
↵¶ Section 1 of the charter specifies that charter rights may be limited if it can be shown that the breach is reasonable and demonstrably justified.