The Justice Centre for Constitutional Freedoms (JCCF) announced it was able to help a British Columbia resident obtain access to visit her parents in a long-term care home. .“The care home was violating my client and her parents’ constitutional rights,” said JCCF-funded lawyer Charlene Le Beau in a Wednesday press release. .“Indeed, they were in violation of the law since November 7, 2022.” .The release said the JCCF was contacted by the client in December, as one of her parents needed personal care and attention which the care home could not provide. It said she did not take COVID-19 vaccines, as she was concerned about their safety. .British Columbia Public Health Officer Dr. Bonnie Henry issued an order in 2021 requesting visitors to care homes show proof of vaccination to enter. .The guideline for essential caregivers for care homes changed in November, exempting them from showing proof of vaccination. While the change was effective in November, it was not made known to the public until December. .The release went on to say the home was unaware of the change to the guidance until mid-January when Le Beau brought it to attention in a letter. It said her client qualified as an essential visitor to her parents for several reasons, including issues related to health, language, and mental health. .When the care home was made aware of the change to the guidelines, they presented the client with an agreement to sign not in compliance with them. After a second letter was sent by Le Beau, they changed the agreement so the terms were in accordance with the guidelines. .The release said the client was able to enter the care home for the first time in one-and-a-half years to provide the essential care and assistance required for her parents. It added she and her parents were overjoyed. .Since being able to visit her parents in the past month, she and the staff have observed a significant improvement in her father’s functioning. Given the advanced age and healthcare needs of care home residents, Le Beau said it is likely most of them “require essential visitors to support their emotional and physical well-being.” .She called this case “an example of the need to challenge authority through lawful action.” She said the public needs to be aware their legal rights might be violated by government entities unaware of the law or putting up resistance to comply with it. .“Had my client simply accepted the care home’s assertion that she was not permitted entry to the care home without proof of vaccination, the status quo would likely have remained,” she said.
The Justice Centre for Constitutional Freedoms (JCCF) announced it was able to help a British Columbia resident obtain access to visit her parents in a long-term care home. .“The care home was violating my client and her parents’ constitutional rights,” said JCCF-funded lawyer Charlene Le Beau in a Wednesday press release. .“Indeed, they were in violation of the law since November 7, 2022.” .The release said the JCCF was contacted by the client in December, as one of her parents needed personal care and attention which the care home could not provide. It said she did not take COVID-19 vaccines, as she was concerned about their safety. .British Columbia Public Health Officer Dr. Bonnie Henry issued an order in 2021 requesting visitors to care homes show proof of vaccination to enter. .The guideline for essential caregivers for care homes changed in November, exempting them from showing proof of vaccination. While the change was effective in November, it was not made known to the public until December. .The release went on to say the home was unaware of the change to the guidance until mid-January when Le Beau brought it to attention in a letter. It said her client qualified as an essential visitor to her parents for several reasons, including issues related to health, language, and mental health. .When the care home was made aware of the change to the guidelines, they presented the client with an agreement to sign not in compliance with them. After a second letter was sent by Le Beau, they changed the agreement so the terms were in accordance with the guidelines. .The release said the client was able to enter the care home for the first time in one-and-a-half years to provide the essential care and assistance required for her parents. It added she and her parents were overjoyed. .Since being able to visit her parents in the past month, she and the staff have observed a significant improvement in her father’s functioning. Given the advanced age and healthcare needs of care home residents, Le Beau said it is likely most of them “require essential visitors to support their emotional and physical well-being.” .She called this case “an example of the need to challenge authority through lawful action.” She said the public needs to be aware their legal rights might be violated by government entities unaware of the law or putting up resistance to comply with it. .“Had my client simply accepted the care home’s assertion that she was not permitted entry to the care home without proof of vaccination, the status quo would likely have remained,” she said.
