A judge locked in tentative trial dates Tuesday morning for BC’s Provincial Health Officer Dr. Bonnie Henry, who has been named as the defendant in a class action lawsuit set forth by the Canadian Society for the Advancement of Science in Public Policy (CSASPP)..Henry and BC Minister of Health, Adrian Dix have not responded to the Western Standard for comment following Tuesday’s hearing, nor have they addressed it publicly..The hearing – a judicial management conference – was strictly procedural, meaning it was not meant to deal with any of the allegations CSASPP is making in the action..CSASPP’s civil proceeding’s objectives are “to obtain any available civil remedy for the maximum number of British Columbian’s that revert in whole or in part any COVID-19 related statute, ministerial order, regulation, or other executive, regulatory, or legislative measure; past extant, or proposed; that constrain any activity of any person inadequately supported by either science or law,” as written on its website..“We have received support from city councillors, medical doctors, biostatisticians, two former Canadian premiers, distinguished members of the bar, concerned parents, government whistle-blowers, a former deputy prime minister of Canada, a former federal opposition leader, and many others,” said Kip Warner, Executive Director of CSASPP, in a June 3 interview with the Western Standard..CSASPP initially filed its class action suit on Jan. 26, 2021..“Dr. Henry, in her capacity as the provincial health officer for the province of BC, and the Crown, will stand trial as ordered by the court starting 17 April, 2023,” wrote CSASPP in an August 11 release..It’s important to note this is a class action and Henry has not been charged with an offence. The Ministry of Attorney General says that the provincial health officer denies all allegations and Henry – who is named as the defendant – will have the opportunity to defend herself..This will happen at the aforementioned trial date, contingent upon the certification hearing which is scheduled to take place the week of June 20, 2022..“For those of you unfamiliar with class actions, a certification hearing is very important, arguably more so than trial,” writes CSASPP..Upon certification Henry will be sent a form for an examination for discovery..Crown argued Tuesday it was too soon to set a trial date, but was unsuccessful in doing so..While many of CSASPP’s supporters are concerned with the distant dates, the organization itself is pleased with the timing considering how backed up the courts are..Both parties will return to court for their second case planning conference on Sept. 27 2021 and instructions on how the public can listen will be updated on CSASPP’s website closer to the date..British Columbia experienced 17,350 business closures in April of 2020, a more than 200% increase from 7,623 in 2019, according to Statistics Canada..“I don’t see a quick recovery in the industry. It is going to take years for things to go back to normal, if there will be a normal… the new normal, as they call it,” Eduardo Bilardello, owner and head chef of Brioche Urban Eatery told the Western Standard..Eduardo was one of many business owners who felt they were not included in the government’s “we’re all in this together” sentiment..Henry ordered more restrictions in Central Okanagan on August 6, enforcing the closure, yet again, of nightclubs and bars that don’t serve food..Patrons at restaurants must limit themselves to groups of six or less and liquor service is now suspended at 10 p.m..High-intensity fitness gyms are also not allowed to operate in Central Okanagan among other restrictions..At a press conference in late July, Henry warned the public “there are consequences for people who are not immunized,” adding that “this will be important for us as we head into the fall.”.“If you’re in the Okanagan, the best thing you can do to get through these restrictions is to get vaccinated today and encourage everyone in you’re life to do the same,” said Henry at a last-minute press conference Aug. 6..“That’s how we get back to doing the things that we love, and being with the people that we love.”.As for whistle-blowers in Henry’s staff, CSASPP says they can make arrangements for encrypted telephone, video, e-mail, or text, if requested, and will take all reasonably necessary steps to ensure anonymity..Reid Small is a BC correspondent for the Western Standard.rsmall@westernstandardonline.com.Twitter.com/reidsmall
