Ontario Lawyer to Give Out COVID Vaccine Exemption Letters to Job Applicants in New Year

Ontario Lawyer to Give Out COVID Vaccine Exemption Letters to Job Applicants in New Year
A nurse prepares a COVID-19 vaccine in Toronto on March 23, 2021. Cole Burston/Getty Images
Peter Wilson
Updated:

An Ontario lawyer says he will be giving out COVID-19 vaccine exemption letters starting in the new year to applicants applying for jobs that still require COVID vaccination as a condition of employment.

“Starting January 6th, 2023, if you are attempting to apply for a job that requires Covid 19 vaccination as a condition of employment in Ontario, I will be offering a ‘legal exemption’ letter, setting out the basis for why it is not unreasonable to hold off on getting vaccinated,” wrote Lion Law Professional Corporation founder Daniel Freiheit in a Twitter post on Dec. 23.

Freiheit added that the letter will in no way guarantee the employer will grant a job applicant’s vaccination exemption request.

“But it will set out, in clear legal language, why a C19 vaccination policy is unreasonable at this point, and may be helpful for future legal action against the company, its officers or directors,” he wrote.

Freiheit asks those wishing to have more information about the process and fees to send him their email addresses through a direct message on Twitter and allow 48 to 72 hours for a response.
The Ontario government lifted its proof of COVID-19 vaccination requirements on March 1 but permitted employers in the province to require vaccination as a condition of employment if they choose to do so.
The City of Toronto dropped its mandatory COVID-19 vaccination policy for city staff, volunteers, and contractors on Dec. 1. In its Nov. 8 news release making that announcement, the city also said that 350 unionized employees who had lost their jobs for noncompliance with the policy would be eligible for reinstatement.
In addition, the city said that about 35,000 of its employees had complied with the policy. The policy was introduced in September 2021. Toronto public service had 41,080 active employees as of the end of September 2022.
“The public continues to be encouraged to get vaccinated against COVID-19 with vaccine clinics available throughout the city,” said the Nov. 8 release.

Universities

The University of Toronto (U of T) announced in July that COVID-19 vaccination continued to be required for students and employees living in its residences, and added that students living in residences in the fall would also be required to have at least one booster dose before moving in.
Since then, U of T has changed its stance. It writes on its website that it is now encouraging all members of its community to get a COVID-19 booster shot but that proof is not currently required although it may be required in future.

“Although you are encouraged to upload your booster information in the UCheck system, there is no requirement to do so at this time. This may become a requirement in the future,” U of T writes.

Western University, in London, Ontario, in August mandated COVID vaccination along with one booster for its students, staff, and faculty, and subsequently dropped the mandate in late November, saying it came to the decision after consulting with “medical experts and local public health.”
Western had previously given students a deadline of Jan. 9, 2023, to submit proof of vaccination for a booster dose. Shortly thereafter, hundreds of students demonstrated against the vaccine mandate.

The university has kept its mask mandate in place and said it strongly encourages everyone to stay up to date with COVID-19 vaccination as it is “the best defence against severe illness and hospitalization.”

Marnie Cathcart contributed to this report.