Angela is a university student living in Vancouver. Vancouver, and the world, is in a COVID-19 pandemic. Vaccines are available and are safe, effective and free.**

Angela cites her religion as forbidding vaccines and she is not and will not be vaccinated against COVID-19.

In September, 2021, British Columbia introduced a "vaccine passport" that required proof-of-vaccination to participate in discretionary services and activities, such as dining in restaurants and attending live sporting events. The passport was introduced as a temporary measure, lasting only four months, at which time, the province would reevaluate whether to keep the passport in place or let it lapse. The passport was put in place as a response to rapidly increasing transmission rates of COVID-19 and very high hospitalization rates (and correspondingly very low capacity for new COVID-19 patients). 90 percent of cases recorded over the latter part of August involved unvaccinated or partially vaccinated individuals. According to the Provincial Health Officer, those who are vaccinated are less likely to be infected, and if infected, shed the virus for a shorter period of time, and are less likely to have a severe illness that leads to hospitalization.

Angela was shocked and disappointed to find out that there would be no exemptions from the vaccine passport, including for religious reasons. 2020 was a very difficult year, especially for University students, with strict public health measures that halted face-to-face education and socializing. Angela feels targeted and mistreated. Her vaccinated friends go out to restaurants and bars and she is unable to attend. Angela is taking a stand and is planning to sue the provincial government over its vaccination passport.

(a) Angela plans to sue, claiming that her rights under the Charter of Rights and Freedoms have been violated. Is Angela likely to win her action? Explain fully with reference to relevant legal principles and cases studied. (16 Marks, Approximately 16 Minutes)

(b) Angela is a member of a small, private members-only social club (i.e. a small bar that is limited to only members). The club now requires that its members have the flu shot in order to enter the club space. Much like the COVID-19 vaccine, Angela cites her religion as barring her from receiving the flu shot. Angela plans to bring a Charter claim against the social club for discrimination. Will she be successful? Explain fully with reference to relevant legal principles and cases studied.