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
Air traveller complaints to Canadian Transportation Agency hit new high
The Canadian Transportation Agency has hit a record high of more than 71,000 complaints in a backlog. The quasi-judicial regulator and tribunal tasked with settling disputes between customers and the airlines says the backlog is growing because the number of incoming complaints keeps increasing.
Orca calf that was trapped in B.C. lagoon for weeks swims free
An orca whale calf that has been stranded in a B.C. lagoon for weeks after her pregnant mother died swam out on her own early Friday morning.
AFN chief says Air Canada offered a 15% discount after her headdress was mishandled
After the Assembly of First Nations' national chief complained to Air Canada about how staffers treated her and her ceremonial headdress on a flight this week, she says the airline responded by offering a 15 per cent discount on her next flight.
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.
DEVELOPING Bird flu outbreaks: WHO weighs in on public health risk
The current overall public health risk posed by the H5N1 bird flu virus is low, the World Health Organization said on Friday, but urged countries to stay alert for cases of animal-to-human transmission.
76ers All-Star centre Joel Embiid says he has Bell's palsy
Philadelphia 76ers All-Star centre Joel Embiid has been diagnosed with Bell’s palsy, a form of facial paralysis he says has affected him since before the play-in tournament.
Island near Mull of Kintyre for sale for US$3.1 million
An idyllic 453-acre private island is up for sale off the west coast of Scotland and it comes with sandy beaches, puffins galore, seven houses, a pub, a helipad and a flock of black-faced sheep.
King Charles' cancer treatment progressing well, says Buckingham Palace
King Charles III’s doctors are 'sufficiently pleased' with his cancer treatment and he is expected to return to public-facing duties, Buckingham Palace announced on Friday.
Flight attendant indicted in attempt to record teen girl in airplane bathroom
An American Airlines flight attendant was indicted Thursday after authorities said he tried to secretly record video of a 14-year-old girl using an airplane bathroom last September.