A group of 11 healthcare workers in British Columbia is pushing forward with a legal challenge against provincial COVID-19 vaccine mandates, despite the BC government’s argument that the case is now irrelevant.
The workers, represented by the Justice Centre for Constitutional Freedoms, are seeking to appeal a 2024 Supreme Court decision that upheld the mandates.
But before the appeal can proceed, they must convince the BC Court of Appeal that their case still matters. The province claims the legal challenge is “moot” because the mandates were rescinded in July 2024 and are no longer in effect.
The workers are scheduled to make their case before the Court of Appeal on Tuesday and Wednesday.
The controversy centers on an order issued by Provincial Health Officer Dr. Bonnie Henry on October 5, 2023.
It required unvaccinated new hires and previously terminated healthcare workers to receive an updated COVID-19 vaccine, even if they had previously been fired under earlier mandates.
That order was part of a broader policy that led to the dismissal of about 1,800 healthcare professionals across BC, contributing to staffing shortages.
Critics say the mandates lacked flexibility and failed to consider individual circumstances. Many of the affected workers had no patient contact, worked remotely, had natural immunity, or held religious objections — but non-medical exemptions were not permitted.
In their appeal, the workers argue that the October 2023 mandate violated their Charter rights, including freedom of conscience and religion, as well as the right to life, liberty, and security of the person.
“A COVID-19 vaccine mandate for healthcare workers as late as October 2023 was simply not justifiable,” said constitutional lawyer Allison Pejovic.
“Most people in British Columbia had natural immunity by that time, and many of our clients worked from home or had no patient contact.”
Fellow constitutional lawyer Marty Moore echoed that concern.
“Being forced to choose between your job or taking a substance you oppose is not a free choice,” he said. “These mandates violate the Charter’s core protections for individual rights and personal freedom.”
While the mandates are no longer in force, the workers say the appeal is about more than past policies. It’s about setting a legal precedent to prevent similar actions in the future.
