Constitutional challenge of vaccine card filed by 2 B.C. women
Two British Columbia women who say doctors advised them against getting COVID-19 vaccines have filed a constitutional challenge of the province's vaccine passport.
A petition filed in B.C. Supreme Court says 39-year-old Sarah Webb, who lives in Alberta and B.C., developed an adverse reaction from her first dose of a vaccine in May and ended up in the emergency department of a Calgary hospital six days later.
The court document says Webb's symptoms included fatigue, heart arrhythmias, severe pain and a rash on her arm. It says she received antibiotics but developed further complications the next day and went to another hospital, where a doctor told her she should not get a second vaccine shot.
The petition filed against the attorney general and the Ministry of Health says Leigh Anne Eliason of Maple Ridge, B.C., was told by her doctor that she should not get a COVID-19 vaccine because of the risk of side-effects due to her medical history.
The Attorney General's Ministry responded to a request for comment from both ministries and said the government has not been served in regard to the petition.
“The province and the provincial health officer fully respect British Columbians' constitutional rights and freedoms,” it said in an emailed statement.
“We are taking the steps necessary to address and mitigate the effects of the ongoing COVID-19 pandemic on all British Columbians. As the issue of proof of vaccination may be before the courts, we are not in a position to comment further.”
The petition says both women's physicians have written exemption letters citing their physical disabilities.
However, it says each of the doctors raised concerns that neither the government nor any provincial medical associations had provided guidelines on how to write such a letter or what information should be included.
“There is no evidence to suggest that the attorney general of British Columbia or the (Health Ministry) have considered individuals like the petitioners in making the vaccine card announcement or in crafting the vaccine card orders,” says the petition, which was filed on Sept. 23.
B.C. residents without proof of vaccination are prohibited from certain activities like dining in restaurants and entering movie theatres and gyms. That deprives the petitioners of their charter rights, the petition says.
Provincial health officer Dr. Bonnie Henry has said anyone who chooses not to be vaccinated has options including ordering takeout from restaurants and watching movies and sports at home because her order is aimed at reducing transmission of the virus from anyone who may be infected.
Robert Hawkes, a lawyer who represents both women, said Friday that his clients don't know each other, neither is an “anti-vaxxer” and at least in Eliason's case, her husband and two children have been vaccinated.
“It creates a real hardship,” Hawkes said of cases when one person in a family can't get vaccinated and is cut off from accessing services, travelling or faces the prospect of losing their job because of vaccine mandates in the workplace.
“My frustration is that you do have pretty-far-out-there anti-vaxxers and pretty-far-out-there anti-maskers. And whenever you have someone who isn't in that group and raises any kind of an issue at all, they get lumped into that group,” he said from Calgary.
Hawkes said his office was in the process of serving the two B.C. ministries with court documents.
This report by The Canadian Press was first published Oct. 15, 2021.
CTVNews.ca Top Stories
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
House admonishes ArriveCan contractor in rare parliamentary show of power
MPs enacted an extraordinary, rarely used parliamentary power on Wednesday, summonsing an ArriveCan contractor to appear before the House of Commons where he was admonished publicly and forced to provide answers to the questions MPs said he'd previously evaded.
Trump lawyers say Stormy Daniels refused subpoena outside a Brooklyn bar, papers left 'at her feet'
Donald Trump's legal team says it tried serving Stormy Daniels a subpoena as she arrived for an event at a bar in Brooklyn last month, but the porn actor, who is expected to be a witness at the former president's criminal trial, refused to take it and walked away.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.
Customers disappointed after email listing $60K Tim Hortons prize sent in error
Several Tim Horton’s customers are feeling great disappointment after being told by the company that an email stating they won a boat worth nearly $60,000 was sent in error.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
Toronto Raptors player Jontay Porter banned from NBA
Toronto Raptors player Jontay Porter has been handed a lifetime ban from The National Basketball Association (NBA) following an investigation which found he disclosed confidential information to sports bettors, the league says.
Storage shed or shipping container? B.C. Supreme Court settles long-running bylaw dispute
A long-running dispute over whether a structure on a Surrey property violates a city bylaw that prohibits shipping containers on residential lots has been settled by the B.C. Supreme Court