COVID-19
BC healthcare workers prevented from returning to work despite understaffing
From the Justice Centre for Constitutional Freedoms
The Justice Centre announces that a 10-day hearing for the constitutional challenge to British Columbia’s Covid vaccination mandates began Monday at the Supreme Court of British Columbia. This challenge draws attention to Public Health Orders that continue to violate the freedom of conscience and religion, right to security, and right to equality of thousands of British Columbian healthcare workers.
On March 16, 2022, the Justice Centre supported a legal challenge to Government of British Columbia Public Health Orders, issued in November 2021, requiring specified groups of healthcare workers to get injected with the Covid vaccine. The lawsuit was filed on behalf of 11 healthcare workers, including front-line staff as well as administrative and management personnel. This court action includes applicants who worked remotely and had no direct contact with patients. These workers refused the Covid vaccine, for which no long-term safety data was available, for reasons of conscience or religion, for medical reasons, or all three. Like thousands of other healthcare workers, they were terminated from their positions and continue to be barred from returning to their work more than two years later.
Over the next two years, the November 2021 Orders were expanded and modified by the BC government, capturing more and more healthcare workers.
- A June 2022 Order required registrants of various medical colleges to disclose their Covid vaccination status to their respective medical colleges, who would report that information to Provincial Health Officer Dr. Bonnie Henry.
- September 2022 Orders expanded the scope of previous Orders, requiring students applying to post-secondary medical programs, post-secondary staff working in care locations, and post-secondary administrative and managerial staff working in health services facilities to disclose their Covid vaccination status to their institutions, who would report that information to Dr. Henry.
- April 2023 Orders expanded the scope of previous Orders by requiring staff member construction workers to get injected to work at hospitals and other medical facilities. Previously, constructions workers, whether staff members or working under contract, as well as other outside service providers working on projects within the BC healthcare system, did not need to show proof of vaccination if they followed protocols set out in the Orders. The April 2023 Orders were silent regarding outside service providers, and specifically exempted construction services working under contract, meaning these groups of workers no longer needed to follow personal protective equipment protocols.
- A June 2023 Order cancelled the June 2022 Order. Registrants of medical colleges would no longer be required to report their vaccination statuses to their colleges, and colleges would no longer be required to report that data to Dr. Henry. However, healthcare workers of any Provincial Health Authority in British Columbia, including workers who did not have in-person contact with patients, were still required to show proof of vaccination before being allowed to work.
- An October 5, 2023 Order requires any unvaccinated new hires to receive the requisite number of doses of the new XBB.1.5-containing formulation of the Covid vaccine to be allowed to work, making it impossible for many doctors, nurses, administrators, other healthcare workers, and non-healthcare workers to work in BC’s healthcare system.
Meanwhile, British Columbia continues to experience a healthcare crisis, according to reports. Emergency rooms in rural communities are closing; wait times are climbing; birthing units in Surrey are suffering from acute shortages – sometimes with fatal consequences. British Columbians are turning to private and even cross-border healthcare options to get treatment.
In addition to pointing out that vaccines have proven ineffective and have caused adverse reactions, lawyers for the Petitioners argue that ordering vaccination as a condition of employment interferes with the right to medical self-determination – protected by Section 7 of the Canadian Charter of Rights and Freedoms. Further, lawyers point out that the mandates failed to provide opportunities for religious and conscientious objections – protected by Section 2 of the Charter. Further, while healthcare workers were terminated for being unvaccinated, the government was hiring remote-working contractors with no requirement that they be vaccinated, generating a concern about equality – protected by Section 15 of the Charter.
Lawyer Charlene LeBeau stated, “The rights of healthcare workers must not be disregarded, even when the goal is to protect public health. This is especially true in relation to mandating a new medical treatment that has a terrible track record for adverse reactions and, in any event, has proven to be ineffective in stopping infection or transmission.”
Justice Centre President John Carpay remarked, “Understaffing in British Columbia’s healthcare system is literally killing people, based on an ideological decision to punish doctors, nurses and other healthcare workers more than two years after they legitimately exercised their Charter right to bodily autonomy. Science and medicine ought to prevail over ideology.”
COVID-19
Court compels RCMP and TD Bank to hand over records related to freezing of peaceful protestor’s bank accounts
The Justice Centre for Constitutional Freedoms announces that a judge of the Ontario Court of Justice has ordered the RCMP and TD Bank to produce records relating to the freezing of Mr. Evan Blackman’s bank accounts during the 2022 Freedom Convoy protest.
Mr. Blackman was arrested in downtown Ottawa on February 18, 2022, during the federal government’s unprecedented use of the Emergencies Act. He was charged with mischief and obstruction, but he was acquitted of these charges at trial in October 2023.
However, the Crown appealed Mr. Blackman’s acquittal in 2024, and a new trial is scheduled to begin on August 14, 2025.
Mr. Blackman is seeking the records concerning the freezing of his bank accounts to support an application under the Charter at his upcoming retrial.
His lawyers plan to argue that the freezing of his bank accounts was a serious violation of his rights, and are asking the court to stay the case accordingly.
“The freezing of Mr. Blackman’s bank accounts was an extreme overreach on the part of the police and the federal government,” says constitutional lawyer Chris Fleury.
“These records will hopefully reveal exactly how and why Mr. Blackman’s accounts were frozen,” he says.
Mr. Blackman agreed, saying, “I’m delighted that we will finally get records that may reveal why my bank accounts were frozen.”
This ruling marks a significant step in what is believed to be the first criminal case in Canada involving a proposed Charter application based on the freezing of personal bank accounts under the Emergencies Act.
Chris Carbert (right) and Anthony Olienick, two of the Coutts Four were jailed for over two years for mischief and unlawful possession of a firearm for a dangerous purpose.
From LifeSiteNews
The “Coutts Four” were painted as dangerous terrorists and their arrest was used as justification for the invocation of the Emergencies Act by the Trudeau government, which allowed it to use draconian measures to end both the Coutts blockade and the much larger Freedom Convoy
COVID protestor Chris Carbert has been granted bail pending his appeal after spending over two years in prison.
On June 30, Alberta Court of Appeal Justice Jo-Anne Strekaf ordered the release of Chris Carbert pending his appeal of charges of mischief and weapons offenses stemming from the Coutts border blockade, which protested COVID mandates in 2022.
“[Carbert] has demonstrated that there is no substantial likelihood that he will commit a criminal offence or interfere with the administration of justice if released from detention pending the hearing of his appeals,” Strekaf ruled.
“If the applicant and the Crown are able to agree upon a release plan and draft order to propose to the court, that is to be submitted by July 14,” she continued.
Carbert’s appeal is expected to be heard in September. So far, Carbert has spent over two years in prison, when he was charged with conspiracy to commit murder during the protest in Coutts, which ran parallel to but was not officially affiliated with the Freedom Convoy taking place in Ottawa.
Later, he was acquitted of the conspiracy to commit murder charge but still found guilty of the lesser charges of unlawful possession of a firearm for a dangerous purpose and mischief over $5,000.
In September 2024, Chris Carbert was sentenced to six and a half years for his role in the protest. However, he is not expected to serve his full sentence, as he was issued four years of credit for time already served. Carbert is also prohibited from owning firearms for life and required to provide a DNA sample.
Carbert was arrested alongside Anthony Olienick, Christopher Lysak and Jerry Morin, with the latter two pleading guilty to lesser charges to avoid trial. At the time, the “Coutts Four” were painted as dangerous terrorists and their arrest was used as justification for the invocation of the Emergencies Act by the Trudeau government, which allowed it to use draconian measures to end both the Coutts blockade and the much larger Freedom Convoy occurring thousands of kilometers away in Ottawa.
Under the Emergency Act (EA), the Liberal government froze the bank accounts of Canadians who donated to the Freedom Convoy. Trudeau revoked the EA on February 23 after the protesters had been cleared out. At the time, seven of Canada’s 10 provinces opposed Trudeau’s use of the EA.
Since then, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the Emergencies Act, a decision that the federal government is appealing.
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