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.”
From LifeSiteNews
When the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.
A Canadian veteran appealed to the Ontario courts after he was convicted for organizing a guard around the National War Memorial during the Freedom Convoy.
In an October press release, the Justice Centre for Constitutional Freedoms (JCCF) announced that an appeal has been filed in the Ontario Court of Appeals on behalf of Master Warrant Officer (Ret’d) Jeffrey Evely over his conviction for mischief and obstructing police while on his way to guard the Ottawa War Memorial during the 2022 Freedom Convoy.
“By locking down large sections of downtown Ottawa, the police were effectively preventing all civilians from accessing public areas and greatly exceeded their powers under the common law,” constitutional lawyer Chris Fleury explained.
“This case raises issues that have implications for protests across the province and the country. We are hopeful that the Ontario Court of Appeal will agree and grant leave to appeal,” he added.
The appeal argues that police overstepped their authority in their response to the 2022 protest of COVID mandates. Police actions at the time included locking down the Ottawa core, establishing checkpoints, and arresting protesters.
In September 2024, Everly was convicted of mischief and obstruction after his involvement in the 2022 Freedom Convoy, which protested COVID mandates by gathering Canadians in front of Parliament in Ottawa.
As LifeSiteNews previously reported, when the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.
However, under former Prime Minister Justin Trudeau’s use of the Emergencies Act, many parts of downtown Ottawa were blocked to the public, and a vigilant police force roamed the streets.
It was during this time that Evely was arrested for entering a closed off section of downtown Ottawa during the early hours of February 19, 2022. He had been on his way to take the 4:25 a.m. shift protecting the Ottawa War Memorial.
As Evely walked to the memorial, he was allegedly told to stop by police. According to the police, Evely “ran for a short distance before being confronted by two additional police officers.”
He was forcibly pushed to the ground, landing face first. The veteran was then arrested and charged with mischief and obstructing police.
At the time, the use of the EA was justified by claims that the protest was “violent,” a claim that has still gone unsubstantiated.
In fact, videos of the protest against COVID regulations and shot mandates show Canadians from across the country gathering outside Parliament engaged in dancing, street hockey, and other family-friendly activities.
Indeed, the only acts of violence caught on video were carried out against the protesters after the Trudeau government directed police to end the protest. One such video showed an elderly women being trampled by a police horse.
While the officers’ actions were originally sanctioned under the EA, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the EA, forcing Crown prosecutors to adopt a different strategy.
Now, Crown prosecutors allege that the common law granted police the authority to stop and detain Evely, regardless of the EA.
However, Evely and his lawyers have challenged this argument under section 9 of the Canadian Charter of Rights and Freedoms, insisting that his “arrest and detention were arbitrary.”
Earlier this month, Freedom Convoy organizers Tamara Lich and Chris Barber were sentenced to 18-month house arrest after a harrowing 25-month trial process. Many have condemned the sentence, warning it amounts to “political persecution” of those who stand up to the Liberal government.
COVID-19
Freedom Convoy leader Tamara Lich says ‘I am not to leave the house’ while serving sentence
From LifeSiteNews
‘I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge’
Freedom Convoy leader Tamara Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandkids from school without permission from the state.
Lich wrote in a X post on Wednesday that this past Tuesday was her first meeting with her probation officer, whom she described as “fair and efficient,” adding that she was handed the conditions set out by the judge.
“I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge under a variation application, so we’ll just leave everything as is for now,” she wrote.
Lich noted that she has another interview with her probation officer next week to “assess the level of risk I pose to re-offend.”
“It sounds like it’ll basically be a questionnaire to assess my mental state and any dangers I may pose to society,” she said.
While it is common for those on house arrest to have to ask for permission to leave their house, sometimes arrangements can be made otherwise.
On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year convicted of “mischief.”
Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.
As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years for their roles in the 2022 protests against COVID mandates.
Interestingly, Perkins-McVey said about Lich and Barber during the sentencing, “They came with the noblest of intent and did not advocate for violence.”
Lich said that her probation officer “informed me of the consequences should I breach these conditions, and I am not to leave the house, even for the approved ‘necessities of life’ without contacting her to let her know where I’ll be and for how long,” she wrote.
“She will then provide a letter stating I have been granted permission to be out in society. I’m to have my papers on my person at all times and ready to produce should I be pulled over or seen by law enforcement out and about.”
Lich said that the probation officer did print a letter “before I left, so I could stop at the optometrist and dentist offices on my way home.”
She said that her official release date is January 21, 2027, which she said amounts to “1,799 days after my initial arrest.”
As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.
LifeSiteNews reported that Conservative Party leader Pierre Poilievre offered his thoughts on the sentencing, wishing them a “peaceful” life while stopping short of blasting the sentence as his fellow MPs did.
In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.
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