Seneca’s order — and the students’ challenge — have similarities to a lawsuit brought by five Western students, arguing that the university lacks the authority to enforce the vaccine rules. Among several points raised in court filings obtained by CTV News London, Western’s complaint seeks a permanent injunction barring the school from collecting student vaccination information and ordering Western to get rid of all records it already has. concentrated. “The question at Western is not whether it’s the right thing to do,” says local defense attorney Gord Cudmore, who is not involved in the case. “The question is: do they have a legal right to do so?” Based on the Seneca decision, Western appears to have the advantage, Cudmore says. “Students have every right to bring the challenge and argue it. It’s not frivolous,” says Cudmore. “But I don’t think he’ll win the day.” One of the lawyers representing the Western students says their lawsuit will go forward, despite Seneca’s decision. “The two cases are completely different,” says Lisa Bildy, an attorney at Libertas Law in London, Ont. “Seneca’s lawsuit was a motion for a temporary injunction based on the Charter of Rights and Freedoms…Our lawsuit is based entirely on Western’s violation of privacy laws.” The notice of application seen by CTV News London does not refer to the Charter of Rights and Freedoms in it, but focuses mainly on the legislation set out in the Freedom of Information and Protection of Privacy Act. In addition, the claim cites section 38(2) of the Act, which states “no person shall collect an individual’s information on behalf of an institution unless the collection is…necessary for the proper management of a lawfully authorized activity.” The claim also states that because no other Ontario university requires vaccination, it is not necessary to provide post-secondary programming. The case is scheduled for a hearing to weigh its merits on September 19.
