This is the discussion

John Nesbitt is an accounting clerk, employed by the municipality of Uptown, Ontario, in the town's financial services department. Like all municipalities, the town has an elected group of councilors and a mayor, who meet to set policy and enact bylaws under the authority of the Ontario Municipal Act. The town employs a large group of employees, from those who work out of doors maintaining streets and roads, to those who work in the town hall itself, serving the public and managing the complex business affairs of the municipality.

Due to the COVID-19 pandemic, the town's offices have been mostly closed with many employees working remotely. The town plans to fully reopen its offices in a month's time. In anticipation of the reopening, the town council has passed a by-law which requires that all employees be fully vaccinated against COVID-19.Employees with a documented medical reason for not being vaccinated, such as potential allergic reactions, will be exempt from this requirement.However, all unvaccinated employees will need to be tested for COVID-19 on a weekly basis.

Nesbitt is very upset about this by-law and feels it is an unwarranted intrusion on his personal freedom. He does not have any known allergy to the vaccine, but has his own personal reasons for not wanting to receive the vaccine.One of Nesbitt's concerns is that he feels that the vaccines have not been fully tested.

Is the by-law valid under the Canadian Charter of Rights and Freedoms? Provide a full 3-step legal analysis for each of the following questions:

1.Is the Charter applicable to the by-law? (Hint: See section 32 of the Charter.)

2.If the Charter is applicable to the by-law, what Charter right or freedom of Nesbitt is infringed by the by-law? (Hint: See section 7 of the Charter.)

3.Is that infringement an acceptable limit of the Charter right or freedom under section 1 of the Charter?

The below one is the student's reply. How do I comment on the reply of this student?

Legal issue : John Nesbitt is worried about the policy on Vaccine for all employee involved in business affairs of municipality brought by city council as he does not want to take vaccine as its infecting freedom of his opinion.

Applicable law : The constitution is the supreme law.If any other law violates, it will be considered as invalid

Facts :

1.Sec 32 states that charter is applicable to all matters which comes under the authority of provincial legislature of eachprovince.Since municipal councilors are given powers by legislature to create by-law , in that case I feel it is applicable to by-law.

2. Right of liberty is infringed by charter as per sec 7.

3. Yes Infringement is acceptable as mentioned in Sec 1 that rights and freedoms provided were limited to protect national values in case of public protests against government.