A petition filed by British Columbia-based non-profit organization the Canadian Society for the Advancement of Science in Public Policy (CSASPP) against BC’s recently relaxed vaccine passport policy has been heard in court..Chief Justice Christopher Hinkson initially locked down three hearing dates for Wednesday, Thursday, and Friday last week, however by the end of Thursday he had heard all he needed..Hinkson said he would reserve judgment and work “expeditiously” towards his final decision which is expected next week..In court, CSASPP highlighted that Crown counsel’s primary evidence justifying a province-wide injection passport was an expert report from Dr. Brian Emerson, who was appointed as deputy provincial health officer in 2018..Emerson’s report provided data to “buttress” Henry’s position, as CSASPP put it, adding that said data prompted Henry to invoke the precautionary principle..“The precautionary principle was borne out of the principles of biomedical ethics,” reads a status update from CSASPP’s executive director, Kip Warner..“These were not created to allow questionable medical practices.”.Warner noted practices used during the Second World War, such as the use of occasionally lethal, medical experimentation performed on civilian and or military personnel without informed consent “to advance the state of the art in aviation science and other areas necessary for the war effort by both Allies and Axis forces,” as he put it..CSASPP’s counsel argued that Emerson’s report was largely inadmissible because “it contains hearsay and general statements,” further noting that the report fails to address evidence within a report from Dr. Joel Kettner, Manitoba’s former chief medical officer..CSASPP submitted Kettner’s report to Henry as part of several requests for reconsideration..When Hinkson asked Crown counsel why no response had been provided, the Crown said Henry’s office had 800 similar requests, further nothing that Henry was busy dealing with an emergency..Warner said there “appeared to be a lack of linear and logical progression of a cogent argument” on behalf of Crown counsel, who claimed natural immunity should not be grounds for granting a vaccine exemption — citing Emerson’s report..Hinkson questioned whether it was reasonable to abandon Charter rights, such as preventing someone from visiting a hospitalized loved one..During a September 20, 2021 staff forum, the chief medical health officer of Vancouver Coastal Health, Dr. Patricia Daly said vaccine passports are not intended to prevent transmission..“The vaccine passport requires certain people to be vaccinated to do certain discretionary activities such as go to restaurants, movies, gyms … not because these places are high risk,” said Daly..“We’re not actually seeing COVID transmission in these settings, it’s really to create an incentive to improve our vaccination coverage.”.In a February letter to the University of British Columbia’s president, Daly further shared her concern about the vaccine’s lack of efficacy at preventing transmission..In response, Henry referred to Daly’s letter as “opinion.”.CSASPP’s counsel highlighted Daly’s comments in court; Crown counsel chalked it up to Daly having misspoke, adding that she was not in a position of meaningful authority..The judge, however, found the explanation suspect, as Daly managed the largest public health unit in the province. .The judge’s decision is expected to be heard next week, and the petition is separate from both CSASPP’s class action suit as well as its petition for health-care workers faced with vaccine mandates..“A gentle reminder to please continue to replenish our war chest as we continue to deliver value for money,” writes CSASPP.
