(Photo supplied by University of Lethbridge)

By David Opinko

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

Dec 13, 2021 | 2:26 PM

LETHBRIDGE, AB – A student and athlete at the University of Lethbridge (U of L) is taking her school to court over its policies surrounding COVID-19 vaccinations.

Hayley Nassichuk-Dean is a fifth-year undergraduate biology student and plays on the Pronghorn’s soccer team.

As of November 1, 2021, the university became one of several post-secondaries in Alberta to require students attending class in person to be fully vaccinated against the virus.

READ MORE: U of L, eight other Alberta post-secondaries require full COVID vaccination on campuses

According to a document sent to LNN by her lawyer, Carol Crosson, Nassichuk-Dean made requests for a religious exemption to both her soccer team and the U of L.

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“Religious exemption requests were widely denied by U of L on the basis of what it says was an Order from the [Chief Medical Officer of Health].”

She repeatedly inquired as to whether there was anything she could do to complete her program in the winter semester, including taking online classes but was apparently refused. Now, Nassichuk-Dean would not be able to graduate in Spring 2022 as planned.

“The Policy and decisions of the U of L to refuse to allow the Applicant to continue in her activities unless she engages in the medical treatment of taking the vaccine infringe the right to life insofar as they pose an unnecessary and unknowable increased risk of death to the Applicant who by being compelled to take the vaccine faces a possibility of adverse effects, including the chance of death,” reads a portion of the document from Crosson.

The U of L provided a statement to LNN regarding this matter, saying that they “will not comment on specific appeals of the vaccine mandate and, as this matter is now before the courts, cannot offer any further comment.”

However, the academic institution pointed out that its priority is providing a safe and healthy campus environment for its students, faculty, staff, and visiting community members.

The University adds that their vaccine mandate has proven to be highly effective in limiting the spread of COVID-19, allowing them to permit in-person classes to resume for vaccinated students in the fall 2021 semester.

“The method of course delivery was established in advance of registration, allowing students to make decisions based on where and how they wanted to learn, and the vaccine mandate announced in advance of the course add/drop deadline,” reads a section of the U of L’s statement to LNN.

Crosson is asking the courts to squash the U of L’s vaccine policy on the basis that it allegedly contravenes Section 7 of the Canadian Charter of Rights and Freedoms, that the university cease offering the option of rapid testing as the only alternative to vaccination, and declare that rejecting religious exemption requests is illegal.

A hearing in the Lethbridge courts is expected to be held sometime in January.

More details on the U of L’s mandatory vaccination principles can be found here.