VANCOUVER, BC: The Justice Centre for Constitutional Freedoms announces that 11 BC healthcare workers continue to challenge Dr. Bonnie Henry’s Covid vaccine mandates. But first, the workers must defeat the government’s claim that their challenge is no longer relevant, or is “moot”, and should be dismissed. If they can defeat that claim, their appeal will be heard by the BC Court of Appeal on May 6 and 7, 2025.
On October 5, 2023, BC Provincial Health Officer Dr. Bonnie Henry issued an order requiring unvaccinated new healthcare hires—and those previously terminated—to receive an updated version of the Covid vaccine.
This health order was part of a series of mandates that saw approximately 1800 healthcare workers fired from their jobs, causing critical shortages across the province.
Importantly, many of the affected workers either worked remotely, had no patient contact, had natural immunity, or held sincere religious objections to Covid vaccination. Despite this, the vaccine mandate applied to all, with no opportunity to request exemptions that weren’t for medical reasons.
The workers launched a constitutional challenge against these orders, but on May 10, 2024, the Supreme Court of British Columbia decided that their Charter rights had not been unreasonably violated.
The workers are now trying to appeal that decision, but the government is arguing that the case is irrelevant or “moot” because the orders were rescinded in July 2024, and they are no longer required to be vaccinated for Covid to work as healthcare workers.
Constitutional lawyer Allison Pejovic says the case remains important. “A Covid vaccine mandate for healthcare workers as late as October 2023 was simply not justifiable,” she says. “Most people in British Columbia had natural immunity by that time, and many of our clients worked from home or had no patient contact.”
In their appeal, the healthcare workers will argue that the October 2023 order violated their freedom of conscience and religion and their right to life, liberty, and security of the person – protected by sections 2(a) and 7 of the Canadian Charter of Rights and Freedoms.
Constitutional lawyer Marty Moore says the workers are facing an unfair choice. “Being forced to choose between your job or taking a substance you oppose is not a free choice,” he says. “These mandates violate the Charter’s core protections for individual rights and personal freedom.”
On May 6, the public will be able to click on this link to access the hearing via Zoom.
