Does the vaccination requirement reflect a governmental act (e.g., an order by the Minister of Health)? If yes, see Charter law context (right column). Is the vaccination requirement reasonable? What are the potential harms from COVID-19? What is the evidence of the effectiveness of vaccines in responding to those harms? What is the evidence of risk from vaccines to health care workers? Should health care workers have the option to wear PPE instead? Is there evidence that vaccines are more effective than PPE? Are there pragmatic considerations (e.g., cost, scarcity, enforcement difficulties) that make PPE an unreasonable alternative?
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Has government acted (e.g., by order, law, regulation) to require health care worker vaccination? Does the order constitute forced medical treatment (engaging Charter rights to liberty or security of the person)? Are the consequences of refusing so severe as to negate meaningful choice? Is the vaccination requirement overly broad? Would a more permissive policy of “vaccinate or use PPE” achieve the government’s objective? Are there pragmatic considerations (e.g., cost, scarcity, enforcement difficulties) that make PPE an unreasonable alternative? Could the policy be more carefully tailored (e.g., imposed only at facilities that have experienced outbreaks)?
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