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But they say successfully arguing such a case is very unlikely. Certainly, if someone wanted to challenge the government over the charter, they could. While vaccine mandates may have an impact on charter rights, whether it is an illegal infringement on those rights is unlikely when looking at specific case law.īefore we dive into the fine print, it’s important to note that both of our experts agree nothing is certain in the law. “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”īut, according to constitutional law experts, these claims are not exactly true. One of the most commonly referenced arguments against vaccine mandates is that they violate the Canadian Charter of Rights and Freedoms, or, more specifically, Section 7 of the charter, which reads: The mandates have faced opposition from Canadians who say they are concerned their rights and freedoms are being infringed upon. Various vaccine mandates have been in place across Canada for months, requiring proof of COVID-19 vaccination to access non-essential businesses, attend certain events or board planes and trains, for example.