Disability Accommodations and the Limits of the COVID-19 Vaccine Card Orders

Will service providers and venues bear a duty per the Human Rights Code to accommodate people that are unable to get vaccinated (or show proof of vaccination) due to their disabilities? When the recent public health orders mandating proof of vaccination apply to the venue or service, the answer to this question is “maybe.” The uncertainty surrounding the question is discussed in my post regarding the lack of accommodation for unvaccinated people with disabilities in the new public health orders requiring proof of vaccination. For situations where the public health orders do not apply, the answer is “probably.” This post provides information on the limits of the orders – when they apply and when they do not. …

Do the BC COVID-19 Vaccination Passport Orders Prevail Over Human Rights Legislation Requiring Disability Accommodation?

The law regarding requirements surrounding BC’s COVID-19 vaccination passport and entry into various establishments in the province was published today. This post discusses the publication of the relevant orders, their lack of human rights (disability) accommodations, the issue of whether they prevail over the discrimination protections set out in the Human Rights Code, their relationship with the Charter, and the protections available to service providers who follow them. Activities that are not covered by the orders will be set out in a later post. …


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