Some P.E.I. businesses choosing to continue Vax Pass protocol

'It’s safety, that’s all it is.'

Image | PEI Vax Pass Verification App

Caption: The Vax Pass was discontinued Monday but Campbell’s Cove Campground in Souris said it will still ask its campers for proof of vaccination. (Jane Robertson/CBC)

Some Islanders are taking it upon themselves to ask for proof of vaccination from customers at their businesses despite it no longer being a requirement across the province.
Among them is Jennifer Mooney, manager at Campbell's Cove Campground in Souris, who said the policy is one of many measures that keep people feeling as safe as they can on their site.
"If we expect you … to reduce the risk factors of children getting hurt, by not careening in a vehicle through our campground, then we also expect you to reduce the risk factors of children being sick by being vaccinated during a global pandemic," she said.
Mooney said there is no judgment for those who don't want to comply because, despite the campground being outdoors, it is a small property and she wants campers to feel comfortable in that type of group setting.

Community response

The business hasn't received a lot of negative feedback for continuing the policy since its removal, she said.

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But even if there was pushback from those who didn't agree, Mooney said she isn't too concerned since the family-run business thinks the majority of Islanders believe in teamwork and want what is best for themselves and the community.
"I'm a little worried that a few people are going to try and call it divisive and pull it into a political war, and that's their choice to do so," she said.
"But we will not be engaging in that. We're about safety, we've always been about safety, neurotically so."

Is it legal?

The Canadian Civil Liberties Association (CCLA) said businesses have the power to set their own rules so long as they aren't offering an essential service.
CCLA lawyer Cara Zwibel said to a certain extent the market will dictate whether the policy should be kept or dropped depending on what keeps their business.

Image | PEI Vax Pass App at Hunters Ale House

Caption: The Canadian Civil Liberties Association said businesses have the power to set their own rules so long as they aren’t offering an essential service. (Steve Bruce/CBC)

However, they will need to be careful not to turn customers with a valid vaccine exemption away, and need to safeguard vaccination records.
If not, Zwibel said owners could be in violation of privacy or discrimination laws.
"Businesses are a little more on their own without that government protection. They have to do a little bit more diligence, to make sure they're complying with their obligations under the human rights statutes," said Zwibel.
She also suggests for businesses to think about their reasoning behind keeping the mandate and what they are trying to accomplish, whether it is about actually keeping people safe or if it is about fulfilling a sense of security.
"It's safety, that's all it is," Mooney said.