and it cannot be made mandatory because of the Canadian Constitution. If there is any content you read today online, I hope this is the information you'll retain. It's important.
Immunization in Canada – Volume: 23S4 – May 1997
Canada has a Federal Law regarding vaccines in Canada. This is the law. It's not a mandate or a policy, it's the LAW.
Within the Act it clearly states; immunization is not mandatory in Canada; it cannot be made mandatory because of the Canadian Constitution.
Only 3 provinces have legislation or regulations regarding immunization for school entrance. Even with that, excpetion s are permitted! Ontario and New Brunswick require proof for diphtheria, tetanus, polio, measles, mumps, and rubella. In Manitoba, since 2014 all vaccinates are now voluntary (previously measles vaccination was required)
EXEMPTIONS
Even under the immunization Act, exemptions are respected. It states: exceptions are permitted for medical or religious grounds AND reasons of conscience. Legislation and regulations must not be interpreted to imply compulsory immunization.
VACCINATION IS A MEDICAL PROCEDURE
Consent requirements are part of the common law, and have evolved through judicial decisions. The courts have insisted that consent is valid only if the patient has been fully informed of the risks and benefits of the proposed procedure
Without a consent, either written or oral, no surgery may be performed. This is not a mere formality; it is an important individual right to have control over one's own body, even where medical treatment is involved. It is the patient, not the doctor, who decides whether surgery will be performed, where it will be done, when it will be done and by whom it will be done
The Act sets out general rules defining the “elements of consent” and “informed consent” that address many of the concerns discussed above:
11.
(1) The following are the elements required for consent to treatment: 1. The consent must relate to the treatment.
(2) The consent must be informed
(3) The consent must be given voluntarily
(4) The consent must not be obtained through misrepresentation or fraud
The Charter of Rights would have something to say about a law mandating vaccinations, if such a law arose after the 1982 patriation of our constitution. It hasn’t. There are laws requiring public school students to be vaccinated, with exceptions made for medical and religious/conscience reasons. However, that’s not the same as mandating inoculation. Nor does it require that kids carry around a document containing their private health information in order to access their classroom
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