Provincial health officer Dr. Bonnie Henry is facing yet another pandemic-related legal challenge — this time about the constitutionality of vaccine orders in health-care settings.
The suit, brought in a notice of civil claim filed in B.C. Supreme Court on Nov. 26, alleges the October residential care COVID orders, September vaccination status orders and hospital and community health-care service orders violate Canada’s Constitution.
The document, filed by the Canadian Society for the Advancement of Science in Public Policy and Kipling Warner, alleges the orders violate rights of conscience and religion; freedom of thought, belief, opinion and expression; life liberty and security of the person; and equality rights.
The suit said the orders create a vaccine passport regime that limits who may work in certain health-care sectors.
The petition asserts the orders don’t provide enough information to support their necessity. It also alleges they fail to provide reasonable exemptions for those with medical conditions to which vaccines pose a health risk, people who have an equal or greater COVID immunity to double-vaccinated people and people who have tested negative and pose no public danger.
The court document said the filers of the petition have submitted a request to Henry for a reconsideration of the orders. It said no “substantive response” has been received from the province's top doc.
A spokesperson for the Ministry of Attorney General said in an unattributable statement that the government couldn’t comment as the case is before the courts.
The case was brought under the Judicial Review Procedure Act. None of the allegations has been proven in court.
It's not the first time Henry has faced a legal challenge. Last month, a B.C. Supreme Court justice dismissed a constitutional suit made against her. The suit alleged B.C.'s gathering and events order was beyond the province's authority. The judge found the orders were created for the protection and health of the public in an effort to stop COVID-19’s spread.
