This week on December 12th hearings kicked off to request certification of a class action lawsuit. The proposed class action aims to challenge the provincial government and the Provincial Health Officer and seek compensation for various actions and restrictions they imposed.
On December 13, a lawyer for the proposed class action lawsuit informed the judge that in responding to the COVID-19 pandemic, the B.C. government had exceed its powers.
The lawsuit was filed by the Canadian Society for the Advancement of Science in Public Policy and led by Kipling Warner and also names Provincial health officer Dr. Bonnie Henry as a defendant.
Justice David Crerar is hearing the arguments this week over the application for class-action certification. He is listening to various applications as well as evidence to determine whether a class action is appropriate for the case.
The World Health Organization declared a global pandemic in March 2020 shortly after within two week British Columbia declared a state of emergency to respond to Covid-19.
The measures and restrictions being disputed came in to effect shortly after
Bonnie Henry issued orders to slow the spread then moving into more radical orders to supposedly “stop” the spread of Covid-19 which saw the birth of the vaccine mandates to keep your job and requiring to show “proof of vaccination” to get in restaurant.
The “proof of vaccination” to “stop” the spread order was launched in September 2021 The vaccine passport was launched and was lifted in April 2022.
Vaccine mandates are currently still in full effect for British Columbia public service employees, contractors and volunteers no matter what their job is, whether it be work from home, working alone, work outside, work where other measures can be used
The issue of quarantine is mentioned in the plaintiff’s amendments to the original notice of civil claim, the document that initiates a civil case, Crerar heard on December 14. The defendant’s lawyer, Emily Lapper, claimed that the BCCDC is responsible for the quarantine issue.
Lapper said the BCCDC is a separate legal entity from the provincial health officer and would need to be added as a separate defendant.
Furtula said in her submission the BCCDC is a part of the province and is an operational and scientific arm of the provincial health officer.
Crerar wanted to know the exact relationship between the entities, Lapper said the BCCDC is a creation of the Provincial Health Services Authority
“That could be an issue,” Lapper said. “If we do have to add new defendants, we have to start certification over.”
Crerar expressed little interest in that but did suggest that a third party to the issue would need to be permitted to take part. He stated that specific information regarding the quarantine would need to be provided by the plaintiff.
The suit says British Columbia’s government breached Canadian Charter of Rights and Freedoms rights protection infringing freedoms; freedom of conscience and religion; thought, belief, opinion and expression, including freedom of the press and other media of communication; peaceful assembly; and of association.
“At the height of the pandemic, moderation was unpopular,” Furtula told Justice David Crerar on the previous day.
She said that the media silenced people who disagreed with the government and that anyone who did not toe the government line was “vilified as a conspiracy theorist.” which caused a polarization of society Furtula said.
Furtula listed numerous instances from the past that illustrated the risks associated with blindly following government directives, such as the incarceration of Japanese Canadians during World War II, the segregation of Native children into residential schools, and the sterilization of Inuit women.
The list “endless and notorious” she said.
The government will try different methods to to end the proceedings. One of these might be a claim of abuse of process based on the fact that Warner has attempted to litigate related matters in previous proceedings.
The hearings are supposed to be filmed and broadcasted on a webcast/stream but the government and Bonnie Henry’s counsel keep playing games with the decision of which service provider to use even after agreeing on one.
The judge ruled in the beginning of November 2022 the hearings would be broadcasted to fulfill public interest with showing accountability and transparency.
