BC Provincial Health Officer Dr. Bonnie Henry’s counsel abandoned their attempt to appeal the Canadian Society for the Advancement of Science in Public Policy’s (CSASPP) public interest standing..BC Supreme Court Justice Simon Coval awarded public interest standing for the non-profit organization’s petition for BC healthcare workers faced with vaccine mandates in May 2022, allowing it to proceed..The petition was filed by CSASPP in early November 2021, the basis of which argues that Henry’s orders requiring healthcare workers to be double-vaccinated is “unreasonable and unconstitutional.”.Henry’s lawyers argued the petition should not be heard in court due to the organization lacking public interest standing, however the attempt to have it dismissed was unsuccessful and the petition was set to continue with CSASPP’s more widely known class action..“The petition challenges state action based on legislatively delegated discretionary powers,” Coval said at the time..“In my view, the petitioners are correct that whether those actions comply with the Charter and the Judicial Review Procedure Act are clearly questions suitable for judicial determination.”.Unhappy with the judge’s decision Henry’s counsel filed to appeal it in early June..Fast forward two months and the provincial health officer's lawyers have abandoned the appeal..“This was prudent on her part because she had an uphill battle in light of recent developments in Ottawa at the Supreme Court of Canada,” said Kip Warner, CSASPP’s executive director in an August 3 release..“If people cannot challenge their government in the court then they cannot hold the state accountable and it could be seen as above the law. If a litigant has raised a serious justiciable issue, has a serious interest in the matter, and has proposed a suit that is a reasonable and effective means of bringing the case to court, then the court is more likely than not to exercise its discretion in awarding public interest standing.”.Despite a province-wide nurse shortage, provincial officials remain hellbent on maintaining a vaccine mandate for healthcare workers in a number of settings..READ MORE: BC emergency room closed for five consecutive nights.To make matters worse, in March of this year the Hospital Employees’ Union released ominous poll results suggesting one in three healthcare workers are likely to quit within the next two years..Warner told the Western Standard Friday he’s “very happy” with the judge’s ruling awarding CSASPP public interest standing..“This is already having an impact across the country from Victoria to the Maritimes in empowering other NGOs and individuals we are in contact with,” he said.
