Saturday, October 23, 2021

Legal group to challenge BC vaccine passport mandate

The Canadian Constitution Foundation says the province should provide exemptions for those who cannot be vaccinated for medical reasons

A legal advocacy group is launching a legal challenge against British Columbia’s vaccine passport system, which fails to allow exemptions for individuals who cannot be vaccinated for medical reasons.

The Canadian Constitution Foundation (CCF) trial director Christine van Geen said in a news release that the province’s vaccine card system is unconstitutional because it does not allow exemptions for people who have been adversely affected by a vaccine or complex therapy. is the situation.

“Adverse reactions to the vaccine are rare, but do happen,” van Geen said. “It is cruel and unconstitutional to add exclusion and isolation on top of physical trauma to someone who has had, or is likely to have, an adverse reaction.”

Van Geen noted that vaccination is a “very high-risk option” for people who have had an adverse reaction to their first dose of vaccine or who have a complicated medical history.

“For patients like these, they should make a deeply personal tradeoff about their health,” she said.

“It is unfair for the government to attempt to force results in one direction through policies like vaccine passports, which place additional burdens on those already vulnerable.”

Under the province’s vaccine mandate, British Columbians are required to show proof of receiving two full doses of a COVID-19 vaccine at access to certain public events, services and businesses such as restaurants, bars, gyms and some indoor locations. Post-secondary students also need to show their vaccine passports to apply for student accommodation.

These requirements are temporarily in place until January 31, 2022, but could be extended, health officials have said. The B.C. government has said there is no exemption for those who cannot be vaccinated for medical reasons.

The CCF is compiling individual cases for inclusion in its legal challenge to the policy. According to the CCF, the individuals include a teenage girl who developed heart inflammation after receiving the first dose of the COVID-19 vaccine and is ineligible for the second dose.

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Another case is of a pregnant woman who developed nerve damage after receiving her first shot of the vaccine, leaving her hand partially paralyzed. Her neurologist has advised against a second dose, because of the risk of further nerve damage that could affect her unborn baby.

A communications director for the B.C. government said medical exemptions are “very difficult decisions made by public health”, and if individuals are unable to vaccinate, they may seek alternative services such as delivery from restaurants instead of personalized meals. to order

“There will be a waiver process for extremely rare circumstances involving an individual doctor and the office of the provincial health officer. However, these instances will be extremely rare,” Eileen Machel told The Epoch Times in an email, adding that the provincial health official has published guidelines to support physicians when a patient is on medical exemption for the COVID-19 vaccine. requests.

A list of valid contraindications and delays for COVID-19 vaccination was sent to physicians on September 15 from the College of Physicians and Surgeons of B.C., a regulator for the practice of medicine in the province.

The CCF has said that their legal filing will request the provincial government to create a “graded exemption” for certain medical conditions. It would also request an accessible process for patients and their doctors to obtain a medical exemption that does not require public health approval for individuals with unique conditions.

“Our hope is that the government will simplify and simplify the process of obtaining a medical exemption,” said Geoffrey Trotter, a BC attorney representing the CCF in the case.

“Individuals who require medical accommodation are already facing substantial challenges in their daily lives should the government not make their lives any more difficult,” Trotter said in the news release.


Andrew is a reporter based in Toronto.


This News Originally From – The Epoch Times

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