Canadian Society
for Science & Ethics in Medicine
Two Years of Seeking Justice for BC Health Care Workers
The Judicial Review of COVID-19 Preventive Measures Concerning Health Care Workers in BC asks 2 questions:
1. Is it REASONABLE that an ongoing Public Health State of Emergency continues to be imposed in BC now that COVID-19 has become a less virulent and endemic illness?
2. Is it REASONABLE that the British Columbia PHO (Dr. Bonnie Henry) continues to impose a COVID-19 vaccine mandate on health care workers now that scientific evidence proves that vaccination does not prevent infection or transmission?
May 10, 2024 - The JR Decision
Justice Coval released his decision concerning the Request for Judicial Review of the PHO orders and sided with the government on most counts. He did ask the PHO to review the vaccine mandates still being applied to health care workers who work remotely - a small victory for what is REASONABLE.
The judge ruled that Bonnie Henry's decisions and mandates were reasonable in the context of the information she was given at the time ("the record"). CSSEM will send this decision to appeal!
February 13, 2023
Peter Gall sends letter to the BC Government.
"We write again on behalf of our clients and the thousands of unvaccinated health care professionals to request that the PHO’s September 12, 2022 Order (“September Order”) be reconsidered by Dr. Henry in light of the overwhelming scientific evidence that a primary vaccination series provides no protection against the Omicron variants and subvariants, in terms of infection, hospitalization and transmission."
Our Petition for Judicial Review
Petition filed in the Supreme Court of BC
June 10, 2022
Vaccine mandates
for healthcare professionals must be quashed!
"There is no reasonable basis to conclude that there is presently an emergency sufficient to justify the ongoing use of the emergency powers underlying the November 18 Order; and, in any event, there is no reasonable basis to support the conclusion that the mandatory vaccination of health professionals is effective or necessary to reduce transmission of the virus in affected health care settings, in light of the best available evidence and present circumstances. As such, the November 18 Order is unreasonable and unlawful, and must be quashed."
Article by Ian Mulgrew, Vancouver Sun,
July 6, 2022
Vancouver lawyer seeking justification for ongoing COVID-19 health orders that 'trample rights'.
This article is the first one published in mainstream media to bring attention to our petition for a judicial review of the 'reasonableness' of ongoing vaccine mandates for health care workers in the context of the current COVID-19 realities. There is no longer a provincial public health "state of emergency" that justifies ongoing PHO mandates that infringe upon the charter rights of physicians, nurses and other health care workers who choose not to be vaccinated with COVID-19 products.
Article by Lee Harding, Epoch Times
June 15, 2022
"Exclusion of unvaccinated BC health staff hurting patient care", says Surgeon who filed legal petition.
Dr. York Hsiang is a Vancouver vascular surgeon and one of the named plaintiffs in the petition requesting a judicial review of vaccine mandates in BC. In the interview for The Epoch Times, Dr. Hsiang elaborates on the importance of this petition for the health care system in BC.
"There is a massive health care crisis with a lack of healthcare workers being available. Some of these healthcare workers, like [many in] our group, were terminated. The impact of it is that many of the remaining healthcare workers are now overworked".
Interview with Kid Carson, podcast
June 14, 2022
Taking Bonnie Henry to Supreme Court
Dr. York Hsiang is a Vancouver vascular surgeon and one of the named plaintiffs in the petition requesting a judicial review of vaccine mandates in BC. In this podcast interview with Kid Carson, Dr. Hsiang describes how the petition questions the reasonableness of the vaccine mandates for healthcare workers now that the predominant spreading COVID-19 variant is Omicron. The PHO has failed to respond to FOI requests to provide the evidence that unvaccinated healthcare professionals can transmit the virus to other staff and patients to a greater degree than vaccinated staff. In addition, the PHO has failed to consider that evidence of natural immunity or periodic antigen testing could be alternatives to wide-sweeping mandates.
Interview with Kid Carson, podcast
August 6, 2022
Update on Bonnie Henry Supreme Court Case
Dr. York Hsiang is a Vancouver vascular surgeon and one of the named plaintiffs in the petition requesting a judicial review of vaccine mandates in BC. In this podcast interview with Kid Carson, Dr. Hsiang provides an update. We are awaiting a response from the PHO and Ministry of Health which is now due by the middle of September. We will have six weeks to formulate a rebuttal and expect the judicial review to take place in November 2022. Stay tuned!
Our Defense of Terminated Doctors
BC Doctors Terminated for choosing not to comply with PHO order.
Physicians across BC who made a personal healthcare decision to not get vaccinated against COVID-19 are still unable to work in healthcare facilities - such as hospitals and nursing homes due to the mandate from the Fall of 2021 which is still being enforced. This is despite the well accepted scientific fact that being vaccinated against COVID does not prevent transmission of the virus - as also evidenced by the ongoing numerous COVID-19 outbreaks in care facilities across the province. Alberta Health Services recently stated that this is the reason why new hires no longer need to provide proof of vaccination. Physicians in BC who are unvaccinated have been unable to exercise their hospital privileges for the last 11 months. This has profoundly impacted the healthcare worker shortage.
On August 19, 2022, the Interior Health Authority terminated the hospital privileges of multiple physicians in the region. This makes it impossible for them to return immediately to work once the mandate is quashed. It also results in a report being sent to their licensing body, the College of Physicians and Surgeons of BC, which may result in further disciplinary measures and will likely impact their ability to work in any other jurisdiction outside of BC.
Why such a dramatic and drastic action ... and why now? Why fire doctors who have been following the PHO orders. With healthcare worker shortages only worsening, why is Interior Health terminating these physicians? If you'd like to voice your opinion on this matter, contact the CEO of Interior Health or its Board of Directors.
Interview with Liam Sturgess, podcast
September 5, 2022
Fighting for the Right to Treat
Dr. York Hsiang is a Vancouver vascular surgeon and one of the named plaintiffs in the petition requesting a judicial review of vaccine mandates in BC. In this podcast "round table" interview with Liam Sturgess, Dr. Hsiang discusses all things COVID.
