FROLITICKS

Satirical commentary on Canadian and American current political issues

When It Comes to COVID-19, We’re Not Out of the Woods Yet

Global health leaders are urging caution as the holiday season gets underway, pointing to a 23% spike in coronavirus cases across the Americas in the past week, a surge that follows similar spikes in Europe.  In the U.S., new daily reported cases have increased 8% in the past week, and deaths have grown 9%, according to tracking by the Washington Post.  The U.S. is closing in on a total of 800,000 deaths since the beginning of the pandemic.  In Canada, compared with the previous two weeks, there was a 5% increase as of November 24th in new confirmed cases recorded over the past two weeks.  Some states and provinces have higher numbers of COVID-related hospitalizations and deaths than others.  Again, over ninety percent of those hospitalized are among the unvaccinated in both countries.

What one has to understand is that these horrific numbers have occurred even before the end of the festive season and the end of this year.  No one can actually determine when Americans and Canadians will arrive at what is called “herd immunity”.  Experts are now stating that we may need to reach over 90 percent in full vaccination rates to do so.  This includes the vaccination of children aged five to eleven which has just begun in both countries and will not be completed until early in 2022.  Even then, there is still a fair amount of vaccine hesitancy among certain groups, especially when it comes to vaccinating younger children.

The World Health Organization (WHO) is now assessing the emergence of a new COVID variant in South Africa and several other African countries.  The concerns are such that the United Kingdom has banned flights from those countries, and it can be expected that other European Union (EU) countries and the U.S. and Canada will follow suit.  Indeed, COVID outbreaks have occurred in most EU countries, leading some like Austria to re-introduce a full lockdown of the country. 

Throughout Central and South America, the vaccination rates have remained low, especially in rural remote regions of each country.  For example, as of November 25th, Mexico has a full vaccination rate for the coronavirus of about 49%, the majority of which is in and around Mexico City.  The Washington Post notes that: “Containment measures in Latin America and the Caribbean have been uneven and largely lackadaisical as governments have had to grapple with financial devastation and poor health infrastructure, and have long wanted to jump-start the languishing economies.”  Moreover, countries like Mexico are open for business, especially tourism, much of which comes from the U.S. and Canada.

The WHO is expressing concern about a “false sense of security” when it comes to the lifting of COVID prevention measures and the apparent increased complacency among people.  Sorry folks, we are nowhere near being back to “normal”!  Epidemiologists, health and other science experts agree that there will be a fourth wave in both Canada and the U.S. early next year.  We can only hope that, with increased vaccination rates and control of any new variants, both countries can eventually arrive at a sense of normalcy sometime in 2022.  Until then, we are not out of the woods when it comes to this global pandemic.

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Emergence of Mandated Vaccination for Workers in Certain Sectors in Canada

Back in July, I blogged briefly about the issues of Mandatory COVID Vaccinations vs. Civil Liberties in North America  and To Mandate COVID Vaccinations or Not?.  At the time, these issues had more to do with colleges mandating full COVID vaccinations for students in residence or on campuses and with governments requiring proof of vaccination for citizens to enter certain establishments such as bars and restaurants.  Now, an additional issue has increasingly emerged as the result of employers and governments requiring COVID vaccination for employees in selected sectors, especially in Canada.

For example, on October 6th, Prime Minister Justin Trudeau unveiled Canada’s new mandatory vaccine policy.  It requires the core public service, air travel and rail employees to be fully vaccinated against COVID-19 by the end of this October.  The federal vaccine mandate mirrors provincial policies, such as in Nova Scotia where all school and health-care workers are required to have two doses of a COVID-19 vaccine by the end of November.  In the health care sector, several hospitals across the country have implemented mandated vaccination requirements for all employees.  Such policies often have deadlines after which unvaccinated employees will face suspensions without pay and possibly termination down the road.  In Ontario, the government has now mandated that all workers in long-term care residences must be fully vaccinated in order to continue working in such facilities.

Needless-to-say, Canada is facing a potential wave of terminations tied to mandatory workplace vaccine policies as a growing number of employers require workers to be fully inoculated against COVID-19 — or risk losing their jobs.  Most legal experts believe that the rights of individual workers will be overridden by the employer’s obligation to make sure the workplace is safe and meet their health and safety obligations toward staff, clients and the public.  It is recognized that there is a delicate balance between the individual rights of workers, such as by offering reasonable accommodations and maintaining a safe work environment.  Recent reviews of Canadian cases involving the balance between individual rights and public health have sided with the latter.  It is noted that while tribunals recognize that rights of individuals are important, in the time of a pandemic reasonable limits are going to be given broad scope.

This situation has led to two additional issues: one being the terminated individual’s right to some form of compensation (e.g. severance pay), and the other being related to workers simply quitting their jobs and thus creating a shortage of skilled labour for employers.  Fortunately, given the current rate of COVID vaccination in Canada for adults 12 and over (slightly more than 80 per cent of all Canadians), the impact on most sectors will be lessened.  Except for a few workplaces, the majority of health care workers, education workers, federal and provincial public servants have received a least one dose of a COVID vaccine.  Even public and private sector unions have generally supported vaccination policies for their workers, while ensuring that reasonable accommodation for unvaccinated workers is part of those policies, particularly where exemptions are granted for medical reasons.  Where mandated vaccination by an employer is seen as imposing a new rule and one that was not part of the original employment agreement, some legal experts believe that the policy’s implementation may be determined to be a termination without cause.  This becomes a case under contract law whereby severance pay would most likely have to be paid to the worker.

Overall, mandating vaccination for workers in certain sectors and by employers with particular valid health and safety considerations should not be taken too lightly.  Such policies represent one of many implemented to control the spread of the delta variant, and can be justified as another temporary public health measure.  In most cases, employers will have to continuously consult with existing employee representatives and unions to ensure that individual rights are being respected where reasonable.  Otherwise, numerous cases involving unvaccinated employees may end up before labour tribunals or the courts.

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Holdouts for COVID Vaccination Will Prolong the Pandemic

In past pandemics and epidemics, the two most critical human reactions have been “fear and misinformation”.  At the beginning of the COVID-19 pandemic, fear reigned among the population because of the unknowns about the nature and spread of the coronavirus.  People were more inclined to accept the implementation of public health measures, restricting their movement and activities.  As it became clearer as to the dangers of COVID, reflected in the increasing numbers of hospitalizations and resulting deaths, governments had to move quickly to lockdown our daily lives, literally closing schools and businesses.  Then, months later, came the miraculous appearance of vaccines against this horrendous disease.  They have proven to be safe and reliable for adults 18 and over.  Vaccines are now viewed as the single most important weapon against COVID and the current spread of its variants.

It cannot be argued that concerns about vaccine safety are behind vaccination hesitancy, especially in light of the scientific evidence based on the millions of people who have been vaccinated.  For example, according to Health Canada, as of Sept. 17, 2021, of 16,090 individual reports of adverse events following vaccination against COVID (0.029 per cent of all doses administered), only 4,288 (0.008 per cent of all administered doses) were considered serious.  One would think that this would reassure people and reduce any vaccine-related fears.  In addition, statistically, the unvaccinated make up the vast majority of current hospitalizations and COVID-related deaths during the current fourth wave.  Let us not forget that about a quarter of Americans age 18 and older reportedly remain unvaccinated.

As for misinformation, regrettably the Internet has continued to play a major role in terms of disseminating misinformation about vaccines and other COVID-related treatments.  In recognition of this, public health officials and Internet providers have had to find effective ways to combat such misinformation, not an easy task given the volume of interactions globally.  However, with valid and reliable information sources available, one would hope that no one can claim to be so misinformed at this time as to promote vaccine hesitancy.

What is most disconcerting today is the fact that there remains a portion of the population in the U.S. and Canada who still don’t believe in being vaccinated against COVID.  Since fear and misinformation shouldn’t play a role, what appears to have happened is the obvious “politicization” of objections to government policies and especially mandates regarding the vaccination of selective groups.  What one hears is that being vaccinated is a “personal choice” and should not be mandated in a free society.  Even among those objecting to mandated vaccination are first responders, including health care workers, police and firefighters.  Moreover, their unions and professional associations appear to be split on the concept of mandated vaccination.  Unfortunately, hundreds of their members have died or will die because of the nature of their work and direct high risk interaction with the public.  One would think that these first responders would want to be protected against the delta variant, along with their loved ones.  For example, in the U.S., COVID was the leading cause of line-of-duty deaths last year, killing at least 182 police officers, according to the National Law Enforcement Memorial Fund which tracks such deaths.  That’s nearly double the number killed by gun violence and vehicle crashes combined.  At least 133 officers have died of COVID so far this year, according to the same organization.  In Canada, the Canadian Federation of Nurses Unions reports that as of September 2021, 54 health care workers have died from COVID-19.

The U.S. has now seen over 700,000 COVID-related deaths.  Given the severity of the fourth wave and the fact that being vaccinated is the only recourse for preventing the worst of the pandemic, governments increasingly will be forced to ensure that the vast majority of their populations are vaccinated.  Otherwise, there is little doubt that holdouts for COVID vaccination will prolong the pandemic.

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Absurdity of Province of Alberta Government’s Approach to Dealing with a Pandemic

One cannot imagine implementing a public health approach to tackling COVID-19 worst than that taken by the province of Alberta under its Premier, Jason Kenny.  As of April 1, 2021, Alberta’s population was almost 4.5 million people.  However, in May, Alberta had over 23,600 active COVID-19 cases — the highest rate of infection in Canada.  Nevertheless, the province permitted the Calgary Stampede to proceed in July with thousands in attendance and relatively minimal restrictions.  Albertans today continue to be among the least vaccinated in Canada, particularly in its rural regions.  Back in June, Premier Kenny announced that the province had reached the vaccination threshold for the third and final phase of reopening, because 70.2 percent of Albertans 12 and over had received at least one dose of a vaccine.  Alberta had already reopened most of its community and business activities, although at reduced capacity.  It was also announced that there would be no more bans on indoor social gatherings; no more limits for gyms, sports and fitness activities; no more capacity limits at restaurants, in retail or for places of worship; and no more advisories against non-essential travel.

Today, a group of the province’s physicians declared that Alberta’s health-care system is on the verge of collapse.  The group is pleading with the government to strengthen public health measures to fend off a relentless fourth wave of COVID-19.  Alberta Health Services noted that there were 258 intensive care beds in the province, which includes 85 added spaces.  It said ICU capacity sat at 87 percent — just slightly below a seven-day average of 91 percent.  Recently, Dr. Verna Yiu, the president and CEO of Alberta Health Services, indicated that intensive care beds are 130 percent over capacity, and critically ill patients are being directed to overflow wards.  Almost 90 percent of the COVID patients in ICUs are unvaccinated or partially vaccinated.  The province has even talked about requesting federal military help and whether other larger provinces could take some of those patients currently requiring ICU care. 

Premier Kenny has now publicly apologized to Albertans for his government’s failure to protect them through its public health policies.  The government has had to reinstate an indoor mask mandate for public spaces and an alcohol sales curfew at 10 p.m.  It also announced a $100 incentive for unvaccinated Albertans who get their vaccine shots.  Could be too little, too late!  In the meantime, there are no signs COVID-19 cases and hospitalizations are slowing in the province.  There was an unfortunate belief that, even with its low vaccination rates and more open economy, some Albertans would develop personal immunity by being exposed to COVID-19, similar in approach to the failed policies implemented by Sweden.  However, along came the more contagious and deadly Delta variant, causing the hospital system to become overburdened and increased burnout among health-care professionals.

Nevertheless, Alberta continues to act as if the pandemic is over.  An example is the fact that its two professional hockey teams, the Calgary Flames and Edmonton Oilers, are being allowed to open the 2021-22 NHL season with 100% fan capacity for games.  Other jurisdictions such as Ontario are only permitting 50% capacity for hockey arenas, while the arenas are requiring proof of full vaccination for entry.  In light of COVID-related hospitalizations and deaths, critical care and infectious disease doctors across Alberta are calling on the province’s two NHL teams to drop their plans of playing in front of full-capacity crowds.  They warn that having full hockey arenas will lead to the further spread of COVID-19, worsening an already “dire” situation. 

Previously, Premier Kenney had staunchly refused to mandate proof of vaccination for anyone who wants to use non-essential services such as restaurants, clubs and sports events.  All that changed with the current deteriorating health situation in the province.  Alberta is now planning to introduce a “proof of vaccination” passport for such businesses similar to that being implemented in other provinces such as Quebec, British Columbia and Ontario.  All-in-all, one has to ask if attending a sports event is more important than preventing the further spread of COVID-19?  What an absurd question to ask at this time!  Just ask Albertans.

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Rise in Treatment with Monoclonal Antibodies Used as Expensive Substitute for Vaccines

Everyone knows the old saying: “A once of prevention is worth a pound of cure.”  Well, apparently, some people don’t believe this.  Instead of simply getting vaccinated against COVID-19, they are waiting to have the coronavirus and then ask to be treated with new experimental treatment using monoclonal antibodies to lessen the effects of COVID-19.  Monoclonal antibodies are laboratory-made proteins that mimic the immune system’s ability to fight off viruses.  Such treatments were originally designed to keep COVID patients out of hospitals and to lessen the symptoms experienced with the disease.  Even in Canada, the treatment was approved back in November 2020.  The authorization for its used was based on promising data that showed that the treatment by infusion appeared to reduce COVID-related hospitalization or emergency room visits in patients at high risk for disease progression.

However, in the U.S., demand for treatment using monoclonal antibodies, especially by the unvaccinated, has begun to outstrip the supply by the federal government.  What is particularly interesting is that the federal government presently is covering the price tag of the remedy — presently at about $2,100 for every dose.  On the other hand, one dose of a COVID vaccine in the U.S. costs only $20.  In addition, while just one vaccination safeguards untold others from exposure, a single infusion only helps one affected individual.

The sudden rise in demand for monoclonal antibodies treatment is seen as partly due to the fact that people who shunned COVID vaccines have embraced antibody treatment.  In turn, it is now reported that waning federal provides and soaring demand from much less-vaccinated Southern states (e.g. North Carolina, Texas and Florida) have brought about what many states have described as massive shortfalls in deliveries.  The Biden administration has already invested $150 million in expanding accessibility to monoclonal antibodies, but the required delivery of the treatment to patients by health care workers is taking a toll on already scarce hospital resources.  Accessibility for the treatment has also become an issue, resulting for example in the transformation of dental clinics, mobile models and auditoriums into infusion facilities in several counties.  Unlike COVID vaccines which are readily available to most Americans, the monoclonal antibodies infusions continue to be inaccessible to many people.

There is little doubt that governments and public health officials are concerned about providing legitimate treatments for COVID patients.  This is why agreements were signed by the American and Canadian governments to purchase new antibody treatments, while maintaining their standards for safety, efficacy and quality.  However, such treatments were never intended to be a replacement for COVID vaccinations which serve as a much more reliable and safe preventative measure.  Championed by mainstream medical doctors and conservative radio hosts alike, the use of antibody treatments have tended unfortunately to take on just that role.  It’s difficult to understand that anyone knowingly would forgo getting vaccinated, relying instead on an experimental treatment in the event that they become infected and sick.  This has become another one of the crazy absurdities emerging out of the pandemic!

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U.S. President Finally Getting More Serious About Combating COVID-19

Let’s set the stage.  So far, the COVID pandemic has claimed more than 650,000 lives in the U.S.  The U.S. recorded 176,000 new cases on September 8, far above the roughly 10,000 a day seen in June when the pandemic was at its ebb.  A quarter of eligible Americans — some 80 million people — have so far not been vaccinated for the coronavirus.  Just as millions of American families navigate sending their children back to school, the number of children admitted to hospital with Covid-19 has risen to the highest levels reported to date.  States with the lowest vaccine coverage have child hospital admissions that are around four times higher than states with the highest vaccination rates.  According to the American Academy of Paediatrics and the Children’s Hospital Association, nearly 252,000 American children tested positive for COVID-19 last week, marking the single highest week on record for paediatric infections.  Nearly 30,000 of them entered hospitals in August alone.  Hospital resources and their staffs in several states are being strained under rising hospital admissions due to COVID.

Now, President Biden has declared that he will order all executive branch employees, federal contractors and millions of health-care workers to be vaccinated against the coronavirus, and that his administration would issue rules requiring large private employers to mandate shots or testing.  New federal safety regulations that call for businesses with more than 100 workers to require vaccinations against the coronavirus will affirm mandates already in place at many companies.  The requirements will be imposed by the Department of Labor and its Occupational Safety and Health Administration (OSHA), which is drafting an emergency temporary standard to carry out the mandate.  Some 80 million American workers will be affected.  President Biden will also require vaccinations for more than 17 million health-care workers at Medicare and Medicaid participating hospitals and in other health-care settings, a significant expansion of an existing requirement aimed at nursing homes.

There is little doubt that the President’s order will face political pushback, particularly from some Republican state governors and legislatures, and will result in some litigation.  However, some of the largest employer organizations, such as the Business Roundtable, and largest unions, such as the Teamsters, the AFL-CIO, and the United Food and Commercial Workers, have endorsed the President’s move as the only possible way to achieve a full recovery.  They especially agree with the proposed requirement that companies offer paid time off for workers to get vaccinated.  However, concerns have been expressed over how to deal with unvaccinated workers, particularly those who are vaccine hesitant.  Of course, under the OSHA requirements, accommodation will also have to be made for those employees who can’t be vaccinated due to medical reasons.  Unions want to ensure that workplace COVID-19 health and safety plans include mitigation measures like ventilation, removing infected individuals, masking and training workers.

The U.S. cannot continue to take the fourth COVID wave involving the Delta variant lightly!  It is now affecting more children, particularly those under twelve who can’t get vaccinated at this time.  Unlike in some states, Canadian schools are requiring pre-screening protocols, rapid COVID testing, masking and other precautionary measures to minimize the impact of the variant on children.  As of the end of August, Canada reached a milestone with over 83.5 percent of the eligible population (12 yrs and up) receiving at least one dose of a COVID vaccine.  There is a fairly clear recognition that the more adults and parents who are vaccinated, the less likely children will become infected.  Many Canadian employers, notably in the health care and education sectors, have now mandated full vaccination of their employees, again as a health and safety measure.  In several provinces, vaccine passports are being introduced as proof of full vaccination in order to access non-essential establishments (restaurants, bars, sporting events, etc.).  Like the U.S., Canada has entered a fourth wave and the federal and provincial governments are doing everything in their power to limit its impact, both human and economic.  There is little doubt that President Biden is moving in the right direction given the nature of the COVID crisis.

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Labour Day Means Different Things to the Employed and the Unemployed This Year

For many employed workers working from home, the expected return to the workplace has once again been delayed due to the current fourth wave of the pandemic thanks to the Delta variant of COVID-19.  For some working in workplaces, health and safety restrictions have been re-introduced to prevent outbreaks, including masking and physical distancing.  In addition, more and more businesses are requiring their employees to be vaccinated in order to enter workplaces.  In a recent Willis Towers Watson survey of nearly 1,000 American companies, which together employ almost 10 million people, 52 percent of respondents said they planned to have vaccine mandates by the end of the year, compared with 21 percent that said they already had vaccine requirements.  For those companies in which the employees have no union, the workers may not have any choice but to be vaccinated or loose their jobs.

For the unemployed, the end of government aid has arrived, especially in the U.S.  It is estimated that more than 7 million out-of-work people across the U.S. are set to lose all of their jobless benefits this week as three federal programs expire.  For Canadians, COVID-related unemployment benefits have been extended for now to November and special wage supports to October 2021.  With a current unemployment rate of nearly 8 percent, one has to ask what will happen to the thousands of unemployed Canadians in the near future?  Will current government financial aid programs continue to exist next year?

For those working on the front lines, including first responders and health care workers, the rise in COVID cases and increased hospitalization rates is again producing mental and physical strains on the workforce.  Many are experiencing varying degrees of burn-out and mental health issues, potentially leaving many to simply withdraw their services.  With the re-opening of their businesses, among the reasons that employers are currently having difficulties in finding workers is the fear of returning to the workplace because of the highly contagious Delta variant and lack of adequate health and safety measures.  In addition, many low-income parents are facing a lack of affordable, quality child care and inexpensive housing.  Some immunocompromised individuals are further worried about COVID exposure in workplaces with unvaccinated employees or clients, especially where masking is not mandated.  Furthermore, many employers do not provide health benefits, leaving employees to bear the costs associated with COVID-related hospitalization and medical treatment.

As for gig workers in the U.S., such as Uber and Lyft drivers, when the federal benefits expire, they most likely will be ineligible for state aid because gig workers do not traditionally qualify.  This situation applies to any individuals who are considered to be “independent contractors” in their respective jurisdictions.  This leaves them in a very precarious financial situation should they become ill and unable to work.

For many workers who cannot be vaccinated due to medical reasons and where the employer cannot accommodate them in terms of their usual work, the employment situation is precarious to say the least this Labour Day.  One has to feel a great deal of concern for both those employed and unemployed given the pandemic’s fourth wave.  Unfortunately, both lawmakers and employers assumed the pandemic wouldn’t last as long as it has.  Millions of workers have been caught in the obvious dilemma of having to put food on the table or having to ensure their occupational health and safety.  It appears that some businesses and governments have recognized this reality, while others appear to living on another planet.  In order for all of us to survive this pandemic and cope with its on-going consequences, it’s essential that we reflect on these critical issues today and after Labour Day.

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Failure of Colleges to Require Full COVID Vaccination Opens Up Door to Litigation

Four female soccer players at Western Michigan University are testing the bounds of religious freedom. They’re arguing that their school’s COVID-19 vaccine mandate for student-athletes violates their Christian beliefs.  The problem is that, whereas Western Michigan requires athletes to be vaccinated, its campus-wide policy is not as strict.  The university strongly encourages COVID-19 vaccination for students, faculty and staff and requires those who aren’t vaccinated to be tested regularly.  Today in both the U.S. and Canada, hundreds of universities and colleges are requiring that all students attending classes, living in residences and participating in campus activities must be fully vaccinated or provide proof of a medical exemption.  In a few cases, the unvaccinated may be required undergo regular COVID testing.  Given growing concerns about the higher infection rates with the Delta variant, school administrations are acting on the side of precaution in order to prevent or limit the foreseeable COVID outbreaks in their communities.  In addition, there may be accommodation opportunities for the unvaccinated to proceed with on-line learning options in some instances.

Suggesting that students should be exempted from vaccination policies due to religious beliefs really doesn’t pass the smell test.  An attorney for the above four soccer players actually cited a passage of the bible that states that human bodies are “temples of the Holy Spirit”.  He further went on to claim that to allow the government to inject something into your body that you don’t necessarily agree with is the antithesis of that belief.  Sorry, but this doesn’t hold water.  Let’s face it, young Americans and Canadians are required to get vaccinated to protect them from a number of diseases, everything from polio to the measles.  In many cases, they cannot attend schools in their districts without proof of such vaccinations.  Furthermore, it is very likely that athletes at some time will have to take pain medication because of sports injuries, and in some cases even steroids to enhance performances — legal or otherwise. 

Where the above lawsuit may have some validity is in the fact that Western Michigan’s vaccine mandate only applies to student-athletes and not to the whole campus.  One could possibly argue that this represents a form of ‘discrimination”.  Their argument appears to question why there is a difference between those participating in a sport and those in a choir or labs or classes or dorms and on and on?  On the other hand, earlier this month, the U.S. Supreme Court in a precedent-setting case rejected a challenge to Indiana University’s COVID-19 vaccine mandate which covered all employees and students.  Failure to implement a consistent and clear vaccination policy across the board will most likely result in other litigation by anti-vaxxers.  It would appear to be in the best interests of universities and colleges to clearly do so, thereby removing any doubts and confusion about their policies. 

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Issue of Use of Vaccine Passports Within Provinces and States

As of late, everyone has turned from the evident use of vaccine passports for Canadians and Americans who travel out of country to their use internally.  Due to the requirements in many countries with respect to COVID vaccinated and unvaccinated travellers, it is readily accepted that some form of vaccine passport is required to permit people to skip measures such as quarantine requirements if they are fully vaccinated.  For this reason, some form of proof of vaccination is needed.  Almost all countries have accepted this approach when dealing with travel into and out of their jurisdictions.

However, when it comes to the use of vaccine passports within Canadian provinces and U.S. states, this is a whole different and more controversial matter.  In general, their use is seen as a means to encouraging more people to become fully inoculated against COVID-19 in order to engage in certain larger public activities, sports events, enterprises such as restaurants and bars, and even some workplaces.  In Canada, British Columbia and Quebec have recently implemented the use of vaccine passports, and Ontario is now apparently planning to implement one.  Both provinces indicate that they are seeing a surge in vaccination appointments after announcing residents will have to show proof of being fully vaccinated to enter certain non-essential establishments.  Prince Edward Island (PEI) and Manitoba were the first Canadian provinces to implement a provincial passport.  Manitoba’s immunization card also allows holders to visit long-term care facilities and sit with members of different households in restaurants.  The PEI pass allows travellers from out of province to skip the area’s mandatory quarantine.  However, none of those provinces require the passport for access to essential services such as education or health care.  However, this could change in the near future.

In the U.S., the debate among states is a lot more heated.  As of this month, only New York state and Hawaii have implemented some form of vaccine passport.  Among the other states, 15 states have banned vaccine passports and 33 states have no current requirement for vaccine passports.  Most states with a ban are governed by Republican administrations.  What is most interesting, those states such as Florida, Texas and Georgia, are among those with the lowest vaccination rates and the highest counts of new cases of COVID-19.  The reasons given for banning or not requiring vaccine passports vary from state to state, but tend to correspond to each state’s position on masking in public places and other health restrictions.

In Canada, recent surveying has indicated that almost 80 percent of Canadians would support a vaccine passport within their province.  This is not the case in the U.S. where there appears to be an even split between those in favour of and those opposed to vaccine passports within their respective states.  Much of the issue in the U.S. has to do with a continuing high degree of vaccine hesitancy, especially among younger Americans, and a concern over whether this will lead to some form of discrimination between the vaccinated and the unvaccinated.  However, from a public health aspect, anything that can be done to encourage more people to get vaccinated is considered a good and positive move from a community point of view. 

Meanwhile, in both countries the battle to deal with the fourth COVID wave rages on, especially since the more contagious Delta variant represents the majority of our cases.  Perhaps, the use of vaccine passports for admittance to non-essential activities is not such a bad idea under the circumstances?  Otherwise, governments may be heading to the imposition of more economic lockdowns and further restrictions.

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How Can Colleges and Universities Not Mandate Their Students and Staff Be Fully Vaccinated?

Both here in Canada and in the U.S., there are growing numbers of colleges and universities who are now mandating that their students and staff be fully vaccinated to attend classes and extracurricular activities.  However, there continues to be a Hodge poach of policies across both the U.S. and Canada when it comes to mandatory vaccinations.  In some cases, governments are refusing to require mandatory vaccinations in postsecondary institutions.  This is the case in Ontario, Canada, where the Premier has refused to support such policies.  This position has created an array of confusing approaches among schools, which go from mandatory vaccination on campuses to simply encouraging students and staff to be vaccinated against COVID-19.  Where students cannot be vaccinated for health reasons or are hesitant to be vaccinated, some policies include the option of being tested two or three times a week for COVID in order to attend classes and extracurricular activities.

O.K.  Let’s look at the facts.  Recent data from Health Canada show that 51 percent of Canadian adults aged 18 to 29 were fully vaccinated by July 31st.  As of that date, Canada had over 80 percent of eligible people vaccinated with their first dose and approximately 64 percent fully vaccinated.  Meanwhile, the national seven-day moving average rose to 1000 daily cases on Aug. 8th, an increase of 326 from the week prior, largely owing to the spread of the Delta variant.  The facts indicate that those infected by the highly contagious Delta variant who are subsequently hospitalized are primarily among the unvaccinated and the majority (well over 90 percent) are younger than was the case during the first and second waves.  Public health officials are on record that being fully vaccinated represents the primary defence against the Delta variant, preventing more serious illness and hospitalizations.  Unfortunately, left to their own discretion, some colleges and universities are acting as if there is not a pandemic happening, and vaccines are not the way out of it.  On the other hand, surveys have shown that students and faculty members for the most part say they are concerned that not mandating vaccination could lead to outbreaks, and they will not feel safe on campuses should the schools let students return to classes without vaccination.  As a result, in Ontario, the Council of Ontario Universities and Colleges Ontario called for a province-wide policy that requires the vaccination of post-secondary students, staff and faculty.

The U.S. Centers for Disease Control (CDC) reported last year, before vaccination was possible, colleges that diminished their student impact by remote instruction brought about an 18 percent decline in COVID-19 disease in their surrounding community, while those that did not brought about a 56 percent increase. The difference would be greater now, with Delta circulating.  The fact is that not fully vaccinating campuses is guaranteed to spread a fourth wave to the communities which host them.

As far as the legal ramifications of implementing mandatory vaccinations on campuses, there is already litigation challenging such policies.  However, the general belief is that such challenges will fail given the nature of the pandemic and its related public health issues, not only on campuses but in the community at large.  For example, Supreme Court Justice Amy Coney Barrett recently denied an emergency relief request challenging Indiana University’s requirement that all students and employees get the COVID shot.  It’s the first time the U.S. Supreme Court has weighed in on a vaccine mandate during the pandemic.  The liability excuse in Canada is also a weak bogeyman for inaction, because there has never been a successful lawsuit for vaccine injuries in Canada.

Let’s forget any arguments about stigmatizing the unvaccinated or shaming them on campus.  The issue of vaccination is one of public health for the community at large, and more specifically the health of students and staff at colleges and universities across both countries.  Indeed, as Delta variant cases rise in this fourth wave, one is seeing a change of heart by many postsecondary schools, a number of which have now introduced mandatory vaccination requirements.  Hopefully, more will continue to do so before on-campus classes commence.

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