The Justice Centre for Constitutional Freedoms announces that Ontario Tech University will have to defend its decision to deregister student Philip Anisimov from his courses because he chose not to be vaccinated for Covid for religious reasons.
From April 15 – 16, 2025, in a hearing before the Ontario Human Rights Tribunal, Mr. Anisimov and his legal team will argue that Ontario Tech University violated his right to be free from discrimination on the basis of his religion.
On August 30, 2021, Dr. Kieran Moore, Chief Medical Health Officer of Ontario, instructed all post-secondary institutions in Ontario to present students with three options:
(1) show proof of double Covid vaccination,
(2) show an approved medical exemption to Covid vaccination, or
(3) attend a Covid vaccine education session on the safety and benefits of the vaccine.
Students who chose option three would be required to undergo frequent Covid testing, according to Dr. Moore. However, Dr. Moore gave schools the choice not to offer option three to students.
Ontario Tech University decided not to offer option three to its students.
At the time, Philip Anisimov was a student at the University. He felt a religious objection to Covid vaccines. He chose not to be vaccinated for Covid, requesting instead an accommodation on religious grounds from the University.
The University denied that request and deregistered him from his courses.
This forced him to spend one extra year completing his studies. Confronted with a delayed graduation and the possibility of having to complete his studies at another university, Mr. Anisimov remarked at the time, “I should have been looking for a job right now, but I can’t do that. Regardless of what path I take, I will lose a lot of time and money.”
Mr. Anisimov’s lawyer argues that Ontario Tech University’s decision to deny his request for accommodation not only disrupted his career plans but also violated his right to be free from discrimination on the basis of religion, as protected by the Ontario Human Rights Code.
“The University tried to characterize Mr. Anisimov’s belief as a personal preference by arguing that vaccination is not truly contrary to his faith,” remarked constitutional lawyer Hatim Kheir.
“Decision-makers are not permitted to engage in speculation and theological debates about which dogma is correct. So long as a belief is religious in nature and sincerely held, it must be accommodated,” stated Mr. Kheir.
At an April 15 and 16 hearing before the Ontario Human Rights Tribunal, Mr. Anisimov and his legal team will argue that the University’s decision to deregister him from his courses discriminated against him on the basis of religion, which is prohibited by the Human Rights Code.
Mr. Kheir stated, “Students should not have to choose between remaining faithful to their religious convictions and being allowed to finish their education. Mr. Anisimov has a sincere religious objection to the Covid vaccines and could have been accommodated without difficulty.”