Queen’s Council Moose Jaw lawyer David Chow says “there is no justifiable reason for either side to be litigating” over health restriction choices – just go somewhere else.
Moose Jaw lawyer David Chow, Q.C., told MooseJawToday.com that it is “irresponsible for any of us to try and predict with confidence how the courts will deal with potential legal challenges” concerning a business’s choice on whether or not to continue COVID restrictions past the lifting of mandates.
The question posed concerning Premier Scott Moe’s recent comments regarding businesses that choose to continue having a policy of asking for proof of vaccination or a recent negative test past the lifting of the provincial mandate at 12:01 a.m. on Feb. 14, “my advice to them would be to consult their lawyer because the government is removing any temporary protections that we had in place.”
Moe also stated that it was the goal of the provincial government that no one should have to provide any kind of health record in order to gain access anywhere. He said that “if a private business chooses to have a masking policy in place to enter that private business, there’s really nothing the government can do,” but added that he wasn’t sure if businesses could continue asking for proof of COVID-19 vaccination.
Moose Jaw lawyer Talon Regent recently commented that he thought businesses had the right to ask for such proof because it has reasonably foreseeable consequences to their employees and customers. Regent says that governments have to jump through many legal hoops to impose such restrictions, but “when it comes to private enterprise, it only has to be reasonably justifiable. And we are still in a pandemic.” He said that he had “no doubt” that courts would side with businesses on the question, at least until the pandemic is over.
No such case has yet come before the courts. Chow said that giving an opinion on how it would turn out is irresponsible. However, he said, it would be disappointing to even see such a dispute.
“What is important to keep in mind is that everyone has a different tolerance for risk and safety,” Chow said. “Some businesses and institutions will choose to retain the expired provincial restrictions… That is the definition of freedom of choice.”
Chow expressed his desire to “refrain from getting caught up in the intolerance that is playing out across the country on both sides of the debate.” He urged everyone to show understanding or, at the least, respect, for other points of view in Canadian communities.
“Frankly, there is no justifiable reason for either side to be litigating such matters,” he said. “If you want to go out for supper and your favourite restaurant happens to be in conflict with what your stance is on health restrictions, use some common sense and find another restaurant to patronize in the meantime.
“That business has not set out to impose, or remove, requirements on their premises as a personal affront to you and your beliefs.”
The two years fighting the virus might be coming to an end, Chow said, and that’s hopeful for everyone. There are many variables at play in other people’s lives, and pretending to know what they are is arrogant.
He said, “This isn’t a legal matter, it is a humanity and societal matter.”
