Health-care workers who contested vaccine mandates for their jobs earned a partial concession from the BC Supreme Court for employees who work remotely from patients.In a ruling released Monday, Justice Simon R. Coval said provincial health officer (PHO) Dr. Bonnie Henry was right in mandating COVID-19 vaccinations for health-care workers.The legal action was filed on behalf of a nurse practitioner and two doctors who refused the shot. Two declined the vaccine for personal reasons and “risk-benefit analysis" and the other refused on religious grounds.The parties said the ongoing mandate is “causing ongoing hardship and harm to the unvaccinated healthcare workers who had lost their jobs, and to the healthcare system itself from the absence of these highly qualified personnel.”They workers asserted that the “scientific record no longer indicated that unvaccinated healthcare workers posed any greater risk to vulnerable patients, or the healthcare system generally, than vaccinated workers.”Coval ruled that the health orders brought in during October 2021 were necessary and that health-care workers who refused to get the shot posed a risk to patients, residents, clients, and their fellow workers.The judge said that COVID-19 transmission was an “immediate and significant risk” throughout B.C. and that it was essential to maintain a healthy and well-staffed health-care system during the pandemic.The public health orders were justified for these reasons, the judge said, though not for health-care workers who worked remotely and did not face patients in person.“In my view, there was a lack of justification in the record or Orders to support as reasonable the decision not to consider requests, under s. 43 of the PHA, for reconsideration of the vaccination requirement from healthcare worker unable to perform their roles remotely, or in-person but without contact with patients, residents, clients, or the frontline healthcare workers who care for them,” the ruling said.In a press release, the Justice Centre for Constitutional Freedoms said it "disappointed" that the vaccine mandate was upheld, but pleased that the B.C. Supreme Court has remitted in favour of remote health workers."This decision is viewed as a substantial win for those remote-working and administrative healthcare workers who lost their jobs due to an unfair Covid vaccine mandate and other Health Orders put in place by BC provincial health officer Bonnie Henry, starting in November 2021," the Justice Centre wrote.The Justice Centre provided for lawyers to represent the healthcare workers, who filed their Petition to the Court on March 16, 2022. Oral arguments were presented November 20 to December 1, 2023, December 18 to December 21, 2023, and January 5, 2024.The petitioners argued that the orders violated their Charter rights, section 2(a) freedom of conscience and religion, section 7 right to life, liberty and security of the person, and section 15 equality rights.The case is formally known as Tatlock, Koop, et al. v. BC and Dr. Bonnie Henry. More background is available at this link. Charlene Le Beau, co-counsel for the petitioners, says, “This case was a Judicial Review, which means the court had to determine whether Dr. Bonnie Henry acted reasonably in making the Covid vaccine a condition of employment. We are disappointed with the court finding that Dr. Henry acted reasonably, but pleased with the court also finding that the application of the Orders to remote-working and administrative workers went too far."As a result, the court remitted the issue back to Dr. Henry so that, in light of the reasons for judgment, she can consider whether to accept requests for exemption to the vaccine for those groups of workers. This is a positive result for BC nurses, doctors and other health care workers.”
Health-care workers who contested vaccine mandates for their jobs earned a partial concession from the BC Supreme Court for employees who work remotely from patients.In a ruling released Monday, Justice Simon R. Coval said provincial health officer (PHO) Dr. Bonnie Henry was right in mandating COVID-19 vaccinations for health-care workers.The legal action was filed on behalf of a nurse practitioner and two doctors who refused the shot. Two declined the vaccine for personal reasons and “risk-benefit analysis" and the other refused on religious grounds.The parties said the ongoing mandate is “causing ongoing hardship and harm to the unvaccinated healthcare workers who had lost their jobs, and to the healthcare system itself from the absence of these highly qualified personnel.”They workers asserted that the “scientific record no longer indicated that unvaccinated healthcare workers posed any greater risk to vulnerable patients, or the healthcare system generally, than vaccinated workers.”Coval ruled that the health orders brought in during October 2021 were necessary and that health-care workers who refused to get the shot posed a risk to patients, residents, clients, and their fellow workers.The judge said that COVID-19 transmission was an “immediate and significant risk” throughout B.C. and that it was essential to maintain a healthy and well-staffed health-care system during the pandemic.The public health orders were justified for these reasons, the judge said, though not for health-care workers who worked remotely and did not face patients in person.“In my view, there was a lack of justification in the record or Orders to support as reasonable the decision not to consider requests, under s. 43 of the PHA, for reconsideration of the vaccination requirement from healthcare worker unable to perform their roles remotely, or in-person but without contact with patients, residents, clients, or the frontline healthcare workers who care for them,” the ruling said.In a press release, the Justice Centre for Constitutional Freedoms said it "disappointed" that the vaccine mandate was upheld, but pleased that the B.C. Supreme Court has remitted in favour of remote health workers."This decision is viewed as a substantial win for those remote-working and administrative healthcare workers who lost their jobs due to an unfair Covid vaccine mandate and other Health Orders put in place by BC provincial health officer Bonnie Henry, starting in November 2021," the Justice Centre wrote.The Justice Centre provided for lawyers to represent the healthcare workers, who filed their Petition to the Court on March 16, 2022. Oral arguments were presented November 20 to December 1, 2023, December 18 to December 21, 2023, and January 5, 2024.The petitioners argued that the orders violated their Charter rights, section 2(a) freedom of conscience and religion, section 7 right to life, liberty and security of the person, and section 15 equality rights.The case is formally known as Tatlock, Koop, et al. v. BC and Dr. Bonnie Henry. More background is available at this link. Charlene Le Beau, co-counsel for the petitioners, says, “This case was a Judicial Review, which means the court had to determine whether Dr. Bonnie Henry acted reasonably in making the Covid vaccine a condition of employment. We are disappointed with the court finding that Dr. Henry acted reasonably, but pleased with the court also finding that the application of the Orders to remote-working and administrative workers went too far."As a result, the court remitted the issue back to Dr. Henry so that, in light of the reasons for judgment, she can consider whether to accept requests for exemption to the vaccine for those groups of workers. This is a positive result for BC nurses, doctors and other health care workers.”
