TORONTO: The Canadian Constitution Foundation (CCF) has filed a petition with the Supreme Court of British Columbia challenging the constitutionality of the province’s proof of vaccination policy.
“The CCF has filed a petition challenging the constitutionality of the BC vaccine passport policy along with three individuals who are being hurt by this discriminatory government policy,” said CCF Litigation Director Christine Van Geyn. “Our case deals with the urgent needs of individuals who cannot be vaccinated for good faith medical reasons. The BC government does not have a workable regime in place for medical exemptions. Even individuals with clear-cut cases for medical exemptions cannot obtain general exemptions. This failure by the BC government has had a grossly discriminatory impact on our individual petitioners, and is unconstitutional.”
The CCF filed the petition alongside three individuals who cannot be fully vaccinated because of a medical reason. These individuals include:
- A teenage girl who developed heart inflammation after her first dose of a COVID vaccine. She is ineligible for a second dose.
- A woman who developed nerve damage following her first dose of a COVID vaccine, leaving her arm partially paralyzed. She is now pregnant, and her neurologist has advised her that further nerve damage could result from a second dose, including damage that could impact her unborn baby.
- A woman who has complex and overlapping disabilities, has undergone approximately 15 surgeries, and who is contraindicated for numerous medications. She has not been vaccinated because of her concerns about her unique health situation. As a result, she is no longer able to access the public pool she uses for daily swim therapy, which is her main source of mobility.
A copy of the petition is available here, and has had some details redacted to protect the privacy of the individual applicants.
The CCF is represented in this case by BC lawyer Geoffrey Trotter.
