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COVID-19: Private businesses face own policy decision when mandates lift

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COVID-19: Private businesses face own policy decision when mandates lift
WATCH: The days are numbered for Saskatchewan’s COVID-19 restrictions, leaving businesses with little time to make some tough decisions – Feb 10, 2022

Saskatchewan Premier Scott Moe is ending proof of vaccination this Monday and suggested that private businesses who wish to keep it going after that should consult with lawyers before making that final decision.

“It’s time for each of us as individuals now to make a conscious effort to treat everyone in our daily lives that we encounter equally. It’s also time for the proof of vaccination mandate to end,” Moe said on Tuesday while addressing the province.

The implication of potential legal consequences has some private business owners concerned.

“We have been very supportive of the vax policy but unfortunately I’m not an expert on law and legal and requesting personal health information without having a public health order to support that so at this point I’m hesitant to continue on with that practice,” said Rebellion Brewing Co. President & CEO, Mark Heise.

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But lawyers Global News consulted with say owners have nothing to worry about.

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“If an employer wants to say employees have to be vaccinated, customers have to be vaccinated to enter the establishment. That’s entirely the employer’s choice,” said Howard Levitt, a senior partner at Levitt Sheikh Employment & Labour Law.

According to Levitt, the reason those business owners shouldn’t be too alarmed is simple.

“It’s fine because the employer can say, ‘We want a safe workplace. The safest way is vaccination and we have a lot of customers that only want to be around people who are vaccinated so it would be bad for business if we let in everybody.’ And the limit on privacy rights, which is all that we’re talking about — just showing a vaccination card is so trivial that it’s overwhelmed by safety concerns,” said Levitt.

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The elimination of the mask mandate is also a major talking point for businesses.

“We had a quick chat with our staff yesterday and when the mask mandate ends at the end of February our staff are going to continue to wear masks when they’re serving to protect themselves and to feel comfortable,” said Heise.

Regina resident Craige Will says that he’ll continue to wear a mask in public even after that mandate drops at the end of the month.

“Yes, for at least the first month until we see how the reduction of restrictions affects the hospital numbers,” Will said

The change in mandates won’t change the comfort level inside local businesses for customers like Will.

“Eighty-plus per cent of the population is vaccinated and the people who weren’t vaccinated weren’t coming out before. And you can still spread it with both doses plus the booster so my comfort level isn’t overly going to change,” said Will.

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Levitt also reminded Canadians that there is a difference between disagreeing with a policy and a policy being a legal issue.

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“A lot of people try and turn what they don’t like into a legal infraction. For example, all the anti-vaxers saying that somehow requiring vaccinations at workplaces is breaching the Charter of Rights. There’s no such thing. That’s just nonsense.”

As for how the new mandates or absence of them might affect businesses? That largely remains to be seen.

“When the vaccine passports came in we saw a dramatic increase in business in our taproom. Can I say it’s directly tied to that? I cannot. What do I think is going to happen next week? I really don’t know,” admitted Heise.

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