The University of Lethbridge Students' Union building, file photo. (Image: Lethbridge News Now)

By David Opinko/LethbridgeNewsNOW

Lawsuit opposed to COVID vaccine mandates at U of L dismissed

Sep 21, 2022 | 2:28 PM

LETHBRIDGE, AB – A former student at the University of Lethbridge (U of L) who claimed that the school’s refusal to grant an exemption to COVID-19 vaccine mandates violated her rights will not have her lawsuit heard in court.

Justice Vaughan Hartigan dismissed the application made by Hailey Nassichuk-Dean in a decision dated Sept. 20.

Nassichuk-Dean attended the U of L as an undergraduate biology student from the fall 2019 term to the fall of 2021.

The Government of Alberta cancelled in-person classes at post-secondary schools on March 15, 2020, in response to the looming COVID-19 pandemic. Classes at the U of L were primarily delivered online until September 2021.

On Sept. 13, 2021, the U of L, along with several other post-secondary schools in Alberta, announced that students would be able to return to in-person classes if they were vaccinated against COVID-19.

WHAT'S ON

Here is what's on this weekend in Medicine Hat and area: Dec. 13-15

8h ago

IN THE COMMUNITY

Medicine Hat's Mustard Seed adding new shelter spaces at Alberta government's request

Dec 12, 2024

HOLIDAYS

Medicine Hat Kiwanis hosting Christmas dinner, applications due Friday

Dec 12, 2024

Nassichuk-Dean sought an exemption from this requirement based on her religious beliefs, which was denied by the university. Although she was still able to complete two of her three chosen courses online, she was unable to take all of the classes that she had intended to take.

In her court application, she wanted the judge to declare that the U of L’s vaccination policy violated Section 7 of the Charter of Rights and Freedoms and that the university’s rejection of her religious exemption breached the Alberta Human Rights Act.

Nassichuk-Dean did not file claims for any other types of compensation.

Justice Hartigan noted that because the U of L rescinded its vaccine mandate in March 2022, the declarations the applicant wanted would have no practical effect and would not impact her ability to attend the school in the future.

He says the circumstances of the COVID-19 pandemic and the subsequent restrictions are extremely specific and exceptional.

“It is difficult to imagine a similar set of circumstances arising again,” says Hartigan in his decision. “As such, a declaration on so narrow and specific a factual context would have no future public utility. If anything, it would only have the potential to make mischief were it to be applied to or influence future health policies.”

As for Nassichuk-Dean’s claims that the vaccination policy was in contravention of the Alberta Human Rights Act, Hartigan says she declined to seek a remedy from the Alberta Human Rights Commission.

LNN has reached out to Nassichuk-Dean’s attorney for additional comments. The U of L said it will not be issuing any further statements.

The decision from Justice Hartigan can be read in full on the Alberta Courts website.

READ MORE: Student launches lawsuit against U of L’s COVID vaccine policy