Canadian judges have not struck down vaccine mandates as have their U.S. counterparts, a contrast that highlights differences between the two countries’ constitutions, their interpretation by judges, and the speed with which judges reach decisions. American judges have blocked vaccine mandates under the Biden administration on several occasions. Mandates that have been declared unconstitutional in recent months include those for federally funded health-care workers, federal contractors and subcontractors, and teachers in the Head Start early education program. In Canada, meanwhile, vaccine mandates continue to be in place for federal employees, as does a ban on unvaccinated travellers from Canadian flights—a restriction found nowhere else in the developed world. Queen’s University law professor Bruce Pardy says that law and politics work differently south of the border. “The legal and political cultures in the two countries and the way the documents are constructed is different. So for example, in the Canadian charter, …
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