Our Petition was filed on June 10, 2022. A response from the PHO was provided on September 15. A case conference with the judge occured on December 5. Our court date for judicial review was initially scheduled for April 2023. Our lawyers have now withdrawn this petition to be amended with new evidence and to ensure a court victory. The new dates for judicial review are now starting in late November of 2023.
See the link below to our initial legal petition filed in BC Supreme Court asking for a judicial review of ongoing vaccine mandates which continue to restrict the ability of many health care professionals to work. The three petitioners named in the document are a surgeon, a physician and a nurse. They are backed up by this society of 45+ member physicians. There are also hundreds of other health care professionals who fully support the statements of fact contained within the petition.
February 13, 2023
Peter Gall (our primary lawyer) sends letter to the BC Government.
"We write again on behalf of our clients and the thousands of unvaccinated health care professionals to request that the PHO’s September 12, 2022 Order (“September Order”) be reconsidered by Dr. Henry in light of the overwhelming scientific evidence that a primary vaccination series provides no protection against the Omicron variants and subvariants, in terms of infection, hospitalization and transmission."
Our Petition for Judicial Review
Our expert legal team believed that the government's provision of the "record" was crucial to the success of our petition. Justice Coval, unfortunately, decided that he did not need his to rule on the petition. If the judge rules that the Provincial state of emergency and the vaccine mandates were not "reasonable" based on the data that was reviewed by the PHO ... the government will have to be much more careful and transparent when any mandates are considered in the future. It is very disappointing to our membership that our request for judicial review has been further delayed ... but it is important that this is done correctly with the best chance to win. Our future as health care providers (and consumers) may depend on this.
As it now stands, the petition has been withdrawn either to be amended or resubmitted - to be decided by the lawyers representing both sides.
Petition filed in the Supreme Court of BC
June 10, 2022
for healthcare professionals must be quashed!
"There is no reasonable basis to conclude that there is presently an emergency sufficient to justify the ongoing use of the emergency powers underlying the November 18 Order; and, in any event, there is no reasonable basis to support the conclusion that the mandatory vaccination of health professionals is effective or necessary to reduce transmission of the virus in affected health care settings, in light of the best available evidence and present circumstances. As such, the November 18 Order is unreasonable and unlawful, and must be quashed."
Article by Ian Mulgrew, Vancouver Sun,
July 6, 2022
Vancouver lawyer seeking justification for ongoing COVID-19 health orders that 'trample rights'.
This article is the first one published in mainstream media to bring attention to our petition for a judicial review of the 'reasonableness' of ongoing vaccine mandates for health care workers in the context of the current COVID-19 realities. There is no longer a provincial public health "state of emergency" that justifies ongoing PHO mandates that infringe upon the charter rights of physicians, nurses and other health care workers who choose not to be vaccinated with COVID-19 products.
Article by Lee Harding, Epoch Times
June 15, 2022
"Exclusion of unvaccinated BC health staff hurting patient care", says Surgeon who filed legal petition.
Dr. York Hsiang is a Vancouver vascular surgeon and one of the named plaintiffs in the petition requesting a judicial review of vaccine mandates in BC. In the interview for The Epoch Times, Dr. Hsiang elaborates on the importance of this petition for the health care system in BC.
"There is a massive health care crisis with a lack of healthcare workers being available. Some of these healthcare workers, like [many in] our group, were terminated. The impact of it is that many of the remaining healthcare workers are now overworked".
Interview with Kid Carson, podcast
June 14, 2022
Taking Bonnie Henry to Supreme Court
Dr. York Hsiang is a Vancouver vascular surgeon and one of the named plaintiffs in the petition requesting a judicial review of vaccine mandates in BC. In this podcast interview with Kid Carson, Dr. Hsiang describes how the petition questions the reasonableness of the vaccine mandates for healthcare workers now that the predominant spreading COVID-19 variant is Omicron. The PHO has failed to respond to FOI requests to provide the evidence that unvaccinated healthcare professionals can transmit the virus to other staff and patients to a greater degree than vaccinated staff. In addition, the PHO has failed to consider that evidence of natural immunity or periodic antigen testing could be alternatives to wide-sweeping mandates.
Interview with Kid Carson, podcast
August 6, 2022
Update on Bonnie Henry Supreme Court Case
Dr. York Hsiang is a Vancouver vascular surgeon and one of the named plaintiffs in the petition requesting a judicial review of vaccine mandates in BC. In this podcast interview with Kid Carson, Dr. Hsiang provides an update. We are awaiting a response from the PHO and Ministry of Health which is now due by the middle of September. We will have six weeks to formulate a rebuttal and expect the judicial review to take place in November 2022. Stay tuned!
Our Defense of Terminated Doctors
BC Doctors Terminated for choosing not to comply with PHO order.
Physicians across BC who made a personal healthcare decision to not get vaccinated against COVID-19 are still unable to work in healthcare facilities - such as hospitals and nursing homes due to the mandate from the Fall of 2021 which is still being enforced. This is despite the well accepted scientific fact that being vaccinated against COVID does not prevent transmission of the virus - as also evidenced by the ongoing numerous COVID-19 outbreaks in care facilities across the province. Alberta Health Services recently stated that this is the reason why new hires no longer need to provide proof of vaccination. Physicians in BC who are unvaccinated have been unable to exercise their hospital privileges for the last 11 months. This has profoundly impacted the healthcare worker shortage.
On August 19, 2022, the Interior Health Authority terminated the hospital privileges of multiple physicians in the region. This makes it impossible for them to return immediately to work once the mandate is quashed. It also results in a report being sent to their licensing body, the College of Physicians and Surgeons of BC, which may result in further disciplinary measures and will likely impact their ability to work in any other jurisdiction outside of BC.
Why such a dramatic and drastic action ... and why now? Why fire doctors who have been following the PHO orders. With healthcare worker shortages only worsening, why is Interior Health terminating these physicians? If you'd like to voice your opinion on this matter, contact the CEO of Interior Health or its Board of Directors.
Interview with Liam Sturgess, podcast
September 5, 2022
Fighting for the Right to Treat
Dr. York Hsiang is a Vancouver vascular surgeon and one of the named plaintiffs in the petition requesting a judicial review of vaccine mandates in BC. In this podcast "round table" interview with Liam Sturgess, Dr. Hsiang discusses all things COVID.