British Columbia is facing a series of court battles from various parties over the vaccine requirements imposed during the pandemic.
Canadian Constitutional Foundation (CCF) Filed a legal objection He said he had discriminated against people who could not be vaccinated for medical reasons against the BC Vaccine Passport System on September 28, 2021.
Jeffrey Trotter, a lawyer in charge of the CCF proceedings, said the list of acceptable medical exemptions from passports was too narrow to be reliable.
“It was a closed list with no opportunity for individual assessment. Of course, it’s good for administrative efficiency, but not good for respecting the constitutional rights of people who don’t have access to vaccines safely,” Trotter said. Said in an interview.
One plaintiff In this case, a teenage girl who says she developed heart inflammation after the first dose of the COVID vaccine. The other is a woman who says she experienced nerve damage and partial paralysis in her arm after her first vaccination. She then became pregnant and she was advised by a neurologist not to take her a second dose, she says. Another woman, who had complex disabilities and was contraindicated for many medicines, said she was not exempt from tax, despite the high risk of a serious reaction.
Trotter said he was fortunate to be able to proceed with the proceedings given the procedural barriers specific to British Columbia.
“We couldn’t even get the government to file a defense against the petition until the hearing was successfully scheduled, and it’s a challenging and slow process in BC,” he said.
“Basically, when you have this phone lottery system, you have to wait one day a month, and thank you for dialing in at a specific time and continuing to redial until you expect it to pass through. In addition, we did. “
Judge Christopher Hinkson heard several vaccine passport challenges in April and May, according to Trotter, who expects judges to control them all at the same time.
“The presiding judge was clearly very interested in the debate,” he said.
“Because the stage of crisis is behind us, the court says these things have gone too far and is more pleased to set up some guardrails to prevent emergency orders if this happens again. I hope it will cause a great deal of collateral damage. “
‘They retreated immediately after we submitted‘
In another case, lawyer Rocco Galati submitted a notice on page 391. Civil lawsuit On August 17, 2021, a proceeding was filed in the BC Supreme Court on behalf of 20 plaintiffs who claimed damages under a state public health order. Eighteen defendants were listed, including BC Health Officer Bonnie Henry, Federal Supreme Public Health Director Teresatam, and other state and federal politicians and agencies.
The plaintiff refused treatment because of a family member who was forbidden to visit an elderly loved one who was caring for him, a business owner who suffered or failed the business due to restrictions, people who were forcibly quarantined, and vaccination conditions. Patients who said they were taken out of the BC ferry were included despite the mask exemption.
Action4 Canada was one of the plaintiffs. Founder Tanya Gaw states that it was very difficult to get the defendant to receive the claim.
“I was using a process server, but he said he hadn’t seen anything like that to make it happen in 30 years of business. They didn’t accept it. He wasn’t accessible. No one was in the office, “she said.
“They dragged the heel to the person who was going to receive the statement of claim and extended it. And when they finally responded, of course, they responded with a strike move. [down the case].. “
of Proceedings On May 31, Galati insisted that the case should not be withdrawn.
No ruling has been made on the strike motion, but Gaw believes that other legal action has already made a difference. She said that by issuing a notice of responsibility to the school board, many have turned the course around for plans to enforce compulsory vaccinations for students.
“I 100 percent believe that submitting a statement of allegations helped,” she said.
‘I think we won‘
The Canadian Society for Scientific Advances in Public Policy A non-profit volunteer-led organization (CSASPP) filed a class action proceeding in January 2021 with the BC Supreme Court. To do this, you need to ask the court to find the proceeding as a class action proceeding. CSASPP has one petition to challenge obligations on behalf of healthcare professionals and the other to challenge vaccine passports.Filing updates are done on a regular basis CSASPP website..
Executive Director Kip Warner said Henry argued that CSASPP had no position and tried to revoke the health care worker’s petition.Henry after Judge Simon Koval endorsed CSASPP at this point in May Appeal the decision on June 2..
Chief Justice Hinxon heard the vaccine passport case on May 18– –20.
“The petition for an injection passport is over. We are waiting for a decision. It seems to have worked very well,” Warner said.
“I think we won, but you never know. You can’t really read the tea leaves until you regain your judgment. But if we get it back, it certainly becomes historic. It will be. It will be an international headline. “
Hinkson was said to have requested many exemptions from vaccine passports by CSASPP. One request included evidence from former Manitoba Medical Officer Dr. Joel Kettner, but did not respond. When Mr. Warner asked why Mr. Hinxon didn’t get an answer, Crown Counsel said, “We were stuck.”
“The judge said,’OK, so you suspended the Constitution because you were understaffed. Do you have any submissions about it?” And everyone’s chin just fell into the room. rice field.this [was the longest], The most annoying and painful silence I have ever seen. Maybe 15 to 20 seconds have passed. “
Warner said the Crown Counsel was finally “overwhelmed because it was an emergency. We did what we had to do. It wasn’t clean, but the other options were. There was not.”
The Epoch Times emailed Henry a comment, but did not reply.