The hearings for the certification for a class action lawsuit against Dr. Bonnie Henry and her Emergency declaration resumed on Monday. The court is hearing the plaintiffs and the governments arguments why they believe the case should or shouldn’t be certified as a class action lawsuit.
On Tuesday the Judge asked if anyone had been jailed for not complying with Covid-19 measures in British Columbia. The court heard confirmation that yes an individual was imprisoned, the individual served 10 days in jail committing an “offence” under the Declaration of Emergency and Public Health Orders.
Some of the Public health orders imposed in British Columbia included periods of stay at home orders and segregation based on medical status. At one point Dr. Henry also told British Columbians they can’t leave their health authority region and put limits on gathering while locking down long term care homes.
The court case is seeking certification for a class-action lawsuit challenging B.C.’s declaration of a COVID emergency, not to challenge Covid-19 mandates. The case is brought forward by the Canadian Society for the Advancement of Science in Public Policy (CSASPP).
If CSASPP is successful with winning the certification hearing, it will allow CSASPP to move forward with a discovery. This means the legal process would legally require Dr. Bonnie Henry and her office to provide the documents for the reasoning and rationale for all the Covid-19 mandate decision making and why some are still imposed.
To date, British Columbia’s Public Health Officer Dr. Bonnie Henry, Minister of Health Adrian Dix and the BC’s governing party the BC NDP have neglected to provide any data to be scrutinized. BC Public Health and Government were slammed in the COVID-19 Lessons Learned Review for being secretive and causing erosion of public trust in public institutions.
Lawyer Eva Chipiuk is working with the Institute for Freedom and Justice spread word about the case and provide insight with daily updates from live within the court room.
Chipiuk wrote on Twitter the lawsuit “challenges the very premise of the emergency declaration” .
“To be clear, the basis of this class action lawsuit is whether or not the emergency declaration was legal or reasonable. The rational is that without an emergency, there can be no basis for extraordinary executive powers used by the government,” she said.
More on the Public Health Act.
The consequences to committing Covid related “offences,” under the public health order could see hefty fines or imprisonment. Individuals could be slapped with up to a $3 million fine or be jailed for up to 3 years according to the Public Health Act.
Fines and incarceration
108 (1)In addition to a penalty imposed under section 107 [alternative penalties], a person who commits an offence listed in
(a)section 99 (1) [offences] is liable on conviction to a fine not exceeding $25 000 or to imprisonment for a term not exceeding 6 months, or to both,
(b)section 99 (2) or (4) is liable on conviction to a fine not exceeding $200 000 or to imprisonment for a term not exceeding 6 months, or to both, or
(c)section 99 (3) is liable on conviction to a fine not exceeding $3 000 000 or to imprisonment for a term not exceeding 36 months, or to both.
(2)In determining the fine to be imposed on conviction, a sentencing judge must consider the means and ability of the offender to pay the fine, and, if the sentencing judge believes that the offender is unable to pay the amount of the fine that the sentencing judge would otherwise impose, the sentencing judge may impose a fine in a lesser amount that the sentencing judge considers appropriate.
Fines and incarceration for committing these “offences.”— BC Rise (@bc_rise) April 26, 2023
Ranges up to $3 million fine or 3 years in jail. pic.twitter.com/7yLvNPIiiD
The “PUBLIC HEALTH ACT” includes a large list of “offences” that define breaking Covid Public health Orders.
According to the document “preventive measures” means measures taken for the purpose of (a)preventing illness, (b)promoting health, (c)preventing transmission of an infectious agent, or (d)preventing contamination by a hazardous agent and includes the measures set out in section 16 (1). The “preventive measures” also includes “being treated or vaccinated” against Covid-19.
Below is a list of the “offences” with a short description written beside them, to get a better idea of each one you can visit each section in the document and read more.
99 (1)A person who contravenes any of the following provisions commits an offence:
(a)section 3 [failure to make a health plan];
(b)section 4 (1) [failure to submit, revise or publish a public health plan];
(c)section 8 (1) or (2) [failure to submit, revise or publish a public health plan];
(d)sections 10 to 13 [failure to make reports, make records, take samples or do other required things; failure to perform diagnostic examinations];
(e)section 14 (3) [failure to provide information];
(f)section 16 [failure to take or provide preventive measures, or being in a place or doing a thing without having taken preventive measures];
(g)section 17 (2) [failure to take steps to avoid transmission, seek advice or comply with instructions];
(h)section 24 (3) [failure to comply with orders respecting inspections];
(i)section 40 (4) [failure to comply with instructions];
(j)section 41 (2) [removing, defacing or altering a posted order];
(k)section 42 [failure to comply with an order of a health officer], except in respect of an order made under section 29 (2) (e) to (g) [orders respecting examinations, diagnostic examinations or preventive measures];
(l)section 56 (2) or (3) [failure to take emergency preventive measures or comply with instructions], except in respect of an order to do a thing described in section 29 (2) (e) to (g);
(m)section 57 [failure to make a report in an emergency];
(n)section 94 [taking an adverse action against a person].
(2)A person who contravenes any of the following commits an offence:
(a)section 18 [failure to prevent or respond to health hazards, train or equip employees, or comply with a requirement or duty];
(b)section 22 [failure to comply with the regulations or train or equip employees];
(c)section 91 [unauthorized disclosure of personal information].
(3)A person who contravenes either of the following commits an offence:
(a)section 15 [causes a health hazard];
(b)section 26 [failure to provide a designated quarantine facility].
(4)A person who does either of the following commits an offence:
(a)knowingly provides false or misleading information to a person who is exercising a power or performing a duty under this Act, or a person acting under the order or direction of that person;
(b)wilfully interferes with, or obstructs, a person who is exercising a power or performing a duty under this Act, or a person acting under the order or direction of that person.
(5)A person who commits an offence under this Act may be liable for the offence whether or not an order is made under this Act in respect of the matter.
(6)A proceeding for an offence under this Act may not be commenced in any court more than 2 years after the facts on which the proceeding is based first come to the knowledge of the minister.