B.C. seeks court injuction to close Fraser Valley restaurant defying vaccine passport order
Rolly’s restaurant in Hope, B.C., has been serving customers illegally since Oct. 7, when its business and liquor licences were suspended for refusing to check vaccine passports.
So far, the only punishment for remaining open has been a daily fine of $100 from the municipality. But that could change, now that Fraser Health has filed a notice of civil claim asking a B.C. Supreme Court judge to grant an injunction against the restaurant.
The province is asking the courts to order Rolly’s to close, and to authorize the RCMP to arrest and remove anyone who won’t leave the establishment.
“There has been a progressive approach to dealing with this restaurant and with others, and now we are at the injunction phase, and of course we are disappointed to be at this phase,” said Health Minister Adrian Dix on Tuesday.
But provincial health officer Dr. Bonnie Henry said the government can’t continue to allow Rolly’s to thumb its nose at the vaccine passport law.
“It shows people that they don’t respect their neighbours, they don’t respect their business neighbours, they don’t respect their community,” said Henry.
The president of the B.C Restaurant Association, Ian Tostenson, is behind province.
“Do I want to see them closed? For the reasons that’s it’s not fair they continue to violate the health order, I absolutely do want them closed. They have to be closed,” said Tostenson.
If the injunction is granted, an order from a Supreme Court judge would be lot a lot harder to defy than one from a municipal government.
“It would be much more difficult to ignore an order like this because it could come with some much more serious legal ramifications if a person was to ignore it or act in contravention of it,” said laywer Sarah Leamon.
Tostenson noted that actually enforcing such an injunction is "where it gets ugly."
“I don’t know how they close a business that doesn’t want to be closed,” he added. “But I think they have a right to tell people to get out and lock the doors.”
Leamon and Tostenson expect the issue to go before a judge relatively quickly.
“There are options available to try to expedite matters, particularly where there are concern about public safety and public health. So I expect that any opportunity to expedite this matter and even get an interim order are probably being taken by the government,” said Leamon.
She believes the province would win in court, and Tostenson says that can’t happen soon enough.
“I want us to be known as an industry that stood up and faced it, we did it right, and we helped B.C. get healed,” he said. “I don’t see that restaurant Rolly’s in Hope is even contributing to that, they are contributing to it going the other way, so I don’t like it.”
CTVNews.ca Top Stories
'Too young to have breast cancer': Rates among young Canadian women rising
Breast cancer rates are rising in Canada among women in their 20s, 30s and 40s, according to research by the University of Ottawa (uOttawa).
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Canada recognizes housing as a human right. Few provinces have followed suit
As more Canadians find themselves struggling to afford or find housing, the country's smallest province is the only one that can point to legislation recognizing housing as a human right.
'Violation': CSIS had officer investigated after she reported a superior raped her
A CSIS officer's allegations that she was raped repeatedly by a superior in agency vehicles set off a harassment inquiry, but also triggered an investigation into her that concluded the alleged attacks were a “misuse” of agency vehicles by the woman.
What to know about avian influenza in dairy cows and the risk to humans
Why is H5N1, or bird flu, a concern, how does it spread, and is there a vaccine? Here are the answers to some frequently asked questions about avian influenza.
Pro-plastic lobbyist presence at UN talks is 'troubling,' say advocates
Environmentalist groups are sounding the alarm about a steep increase in the number of pro-plastic lobbyists at the UN pollution talks taking place this week.
opinion The special relationship between King Charles and the Princess of Wales
Royal commentator Afua Hagan writes that when King Charles recently admitted Catherine to the Order of the Companions of Honour, it not only made history, but it reinforced the strong bond between the King and his beloved daughter-in-law.