Lawyer says Sask. businesses can require proof-of-vaccination past Monday

Regina's Bodhi Tree yoga studio, which made headlines last summer when it implemented a proof-of-vaccination requirement before the provincial government did so, will be axing its vaccine policy on Monday, partly because of comments made by Premier Scott Moe.

The province announced on Tuesday it would be lifting the proof-of-vaccination public health order two weeks before it was set to expire. That means, as of next Monday, customers will no longer be obligated to show proof they've received two shots of a COVID-19 vaccine or a negative PCR test to enter restaurants, bars and liquor stores, among other businesses. 

Moe said businesses that choose to continue requiring proof-of-vaccination after the province's mandate is lifted will not have legal protection, as they did while the mandate was in place.

"My advice to them would be to consult their lawyer," the premier said.

"Private businesses [are] free to do what they choose but they also may have some consequences that would be a result of that."

Colin Hall, co-owner of Bodhi Tree, said he interpreted those remasks "as a bit of a threat."

"Our business has been through enough over the past two years,"  Hall told CBC News. "The last thing we need is to sort of be running afoul of the law and running into any extra issues that way."

Roger Lepage is a lawyer at Miller Thomson LLP in Regina who primarily practises in labour, employment and human rights.

He said he believes businesses can still require proof-of-vaccination for employees and customers without fear of legal action. 

"The issue for a private business comes down to whether asking for proof-of-vaccination violates the Saskatchewan Human Rights Code. There's nothing in the code that says you're prohibited from asking for proof-of-vaccination," Lepage said in an interview.

He said the Health Information Protection Act allows a person to protect the privacy of their health records, but if a person is asked about their vaccination status and wants to disclose it, that's not unlawful.

Lepage said that if a person refused to show vaccination or wasn't vaccinated, and therefore wasn't allowed into an establishment, the person could try filing a complaint with the Saskatchewan Human Rights Commission alleging discrimination based on a prohibited grounds such as disability, perhaps.

Then the commission would do a preliminary screening of that complaint and would have to decide if on first impression there is an obvious case of discrimination.

Lepage said that in his opinion, it would not be an obvious case of discrimination, but that people can still take up the issue with their MLA.