It's been a frustrating week for those involved with several legal actions that attempted to challenge some of the BC government's COVID-19 orders..The BC Supreme Court’s Chief Justice Christopher Hinkson threw out four cases challenging provincial mandates, leaving many British Columbians disheartened while others celebrate..“In a nutshell, we lost. I am sorry,” said Kip Warner, the Canadian Society for the Advancement of Science in Public Policy’s (CSASPP) executive director..CSASPP’s petition against BC’s currently relaxed vaccine passport system was likely the most publicized of Hinkson’s four axed cases..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 previously 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 previous status update from 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..In court, prior to Hinkson’s decision, CSASPP’s counsel argued that Emerson’s report was largely inadmissible because “it contains hearsay and general statements,” further noting that the report failed to address evidence within a report from Dr. Joel Kettner, Manitoba’s former chief medical officer..However, when it came time for judgement, Hinkson ruled the Kettner Report was “not relevant” in the proceedings..“Regardless of whether the Kettner Report is inadmissible hearsay, the fact remains the Kettner Report postdated the impugned orders, and thus cannot be the basis for a challenge to those orders,” said Hinkson..In other words, Provincial Health Officer Dr. Bonnie Henry’s orders “were supported by the information available to her at the time.”.Hinkson did acknowledge the Emerson Report failed to provide “a complete explanation” as to why unvaccinated and previously infected people are at a higher risk than twice-vaccinated people, however he added it was not “necessary.”."I no not find that it was necessary for Dr. Emerson to fully explain his view,” said Hinkson..An apologetic Warner noted Henry was not awarded costs and confirmed he is exploring grounds to appeal..The organization’s leader previously said judges often seem accommodating, only to dismiss the application with or without costs..“Other times they can appear adversarial, yet end up granting the relief sought,” he said..“One thing I have learned over the years is to be cautious at trying to read the tea leaves until you have their actual judgment in hand.”.The tossed petition is separate from CSASPP’s class action suit which is aimed at BC’s COVID-19 related measures that were instituted March 18, 2020, as well as its petition for healthcare workers faced with vaccine mandates..Both of those forward-moving cases are handled by different judges..“Concurrently our health care workers’ petition and class proceeding continue to move forward,” said Warner..“We will keep you apprised, as always.”.In another ruling Hinkson shut down a petition by the Canadian Constitution Foundation (CCF) which said the vaccine passport system discriminated against people with disabilities..“This result is very frustrating for the CCF and for the three individuals in this case,” said Litigation Director Christine Van Geyn, who is considering an appeal..“My heart goes out to these three women who suffered social isolation and high handed treatment by the BC government because of their disabilities.”.More can be read on the CCF case here..A third petition against BC’s vaccine passports brought forth by Victoria-based Jeremy Maddock was also dismissed..The fourth axing was against three BC residents who claim the province failed to provide practical access to vaccination exemptions. One of those residents is 39-year-old youth crisis worker Dawn Slykhuis, who shared her story with the Western Standard in October 2021..READ MORE: BC healthcare worker says she’s still suffering adverse effects six months after COVID shot.READ MORE: Action4Canada leadership under fire after claim tossed
It's been a frustrating week for those involved with several legal actions that attempted to challenge some of the BC government's COVID-19 orders..The BC Supreme Court’s Chief Justice Christopher Hinkson threw out four cases challenging provincial mandates, leaving many British Columbians disheartened while others celebrate..“In a nutshell, we lost. I am sorry,” said Kip Warner, the Canadian Society for the Advancement of Science in Public Policy’s (CSASPP) executive director..CSASPP’s petition against BC’s currently relaxed vaccine passport system was likely the most publicized of Hinkson’s four axed cases..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 previously 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 previous status update from 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..In court, prior to Hinkson’s decision, CSASPP’s counsel argued that Emerson’s report was largely inadmissible because “it contains hearsay and general statements,” further noting that the report failed to address evidence within a report from Dr. Joel Kettner, Manitoba’s former chief medical officer..However, when it came time for judgement, Hinkson ruled the Kettner Report was “not relevant” in the proceedings..“Regardless of whether the Kettner Report is inadmissible hearsay, the fact remains the Kettner Report postdated the impugned orders, and thus cannot be the basis for a challenge to those orders,” said Hinkson..In other words, Provincial Health Officer Dr. Bonnie Henry’s orders “were supported by the information available to her at the time.”.Hinkson did acknowledge the Emerson Report failed to provide “a complete explanation” as to why unvaccinated and previously infected people are at a higher risk than twice-vaccinated people, however he added it was not “necessary.”."I no not find that it was necessary for Dr. Emerson to fully explain his view,” said Hinkson..An apologetic Warner noted Henry was not awarded costs and confirmed he is exploring grounds to appeal..The organization’s leader previously said judges often seem accommodating, only to dismiss the application with or without costs..“Other times they can appear adversarial, yet end up granting the relief sought,” he said..“One thing I have learned over the years is to be cautious at trying to read the tea leaves until you have their actual judgment in hand.”.The tossed petition is separate from CSASPP’s class action suit which is aimed at BC’s COVID-19 related measures that were instituted March 18, 2020, as well as its petition for healthcare workers faced with vaccine mandates..Both of those forward-moving cases are handled by different judges..“Concurrently our health care workers’ petition and class proceeding continue to move forward,” said Warner..“We will keep you apprised, as always.”.In another ruling Hinkson shut down a petition by the Canadian Constitution Foundation (CCF) which said the vaccine passport system discriminated against people with disabilities..“This result is very frustrating for the CCF and for the three individuals in this case,” said Litigation Director Christine Van Geyn, who is considering an appeal..“My heart goes out to these three women who suffered social isolation and high handed treatment by the BC government because of their disabilities.”.More can be read on the CCF case here..A third petition against BC’s vaccine passports brought forth by Victoria-based Jeremy Maddock was also dismissed..The fourth axing was against three BC residents who claim the province failed to provide practical access to vaccination exemptions. One of those residents is 39-year-old youth crisis worker Dawn Slykhuis, who shared her story with the Western Standard in October 2021..READ MORE: BC healthcare worker says she’s still suffering adverse effects six months after COVID shot.READ MORE: Action4Canada leadership under fire after claim tossed
