Legal challenge announced against BC vaccine passport

The Canadian Constitution Foundation announced on Wednesday that it is filing a legal challenge against the British Columbia government for implementing a vaccine passport. The legal group claims the vaccine passport is discriminatory against those who cannot be vaccinated for medical reasons.

Concerns were raised immediately following the announcement of British Columbia's vaccine passport system, as it does not allow any medical exemption whatsoever. As a consequence, individuals who are medically unable to receive vaccination are no longer allowed inside public non-essential places.

“The BC vaccine passport system is discriminatory on its face, because it does not include automatic exemptions for people who cannot be vaccinated for medical reasons” said CCF Litigation Director, Christine Van Geyn.

The CCF is working with several individuals who are impacted by the vaccine passport. This includes a teenage girl who developed heart inflammation after her first dose of a COVID vaccine and is ineligible for a second dose.

Additionally, the legal challenge includes 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 not to get a second dose, due to the risk of further nerve damage, including damage that could impact her unborn baby.

The legal challenge also includes, another woman who has complex and overlapping disabilities, has undergone approximately 15 surgeries, and who is contraindicated for numerous medications. Due to her complex medical situation and the lack of information about how the COVID vaccine may interact in the body of a person with her unique set of disabilities, and her past drug reactions, she is at heightened risk of a serious reaction to the vaccine.

“Adverse reactions to a vaccine are rare, but they do happen. It is cruel and unconstitutional to add exclusion and isolation on top of physical trauma for a person who has had, or is likely to have, an adverse reaction,” said Van Geyn. “For some patients, the fact is that the vaccine is a much higher risk choice than it is for a perfectly healthy person. For patients like these, they must make a deeply personal trade-off about their health. It is inappropriate for the government to try to force an outcome in one direction through policies like vaccine passports, which impose additional burdens on these already vulnerable people” continued Van Geyn.

To begin their challenge, the CCF is formally requesting a reconsideration of the current system. Case law stipulates that one must first use an administrative route to challenge the order, prior to proceeding to court. The CCF is asking the NDP government to create categorical exemptions for those who are simply unable to receive vaccination.

The CCF is represented in this case by BC lawyer Geoffrey Trotter. “Our hope is that the government acquiesces and makes the process of obtaining medical exemptions simpler and easier. The individuals who need medical accommodation are already facing enough challenges in their daily lives, the government shouldn’t be making their lives even harder” said Trotter.