Court rejects Dr. Henry's bid to throw out COVID-19 legal challenge

A judge has dismissed a bid by Dr. Bonnie Henry to have a legal challenge to several of her COVID-19 health orders thrown out of court.

The petition filed by an advocacy group argues the provincial health officer's orders requiring vaccinations for health-care workers are unconstitutional.

The Canadian Society for the Advancement of Science in Public Policy also alleges the orders fail to provide reasonable exemptions and accommodations for people with religious objections, vaccination risks, immunity from prior infection and recent negative COVID testing.

Lawyers for Henry say that the orders are reasonable measures aimed at limiting transmission in high-risk public settings, protecting public health and vulnerable populations, and safeguarding the health-care system.

The orders, implemented in mid-October, say only double-vaccinated people may provide services in a range of B.C. health-care settings.

Lawyers for Henry argued in court that the society's petition, which was filed in B.C. Supreme Court, should be dismissed because the petitioners lack the proper legal standing.

In his ruling on the dismissal application, Justice Simon Coval said the orders directly affected members of a defined and identifiable group in a serious way that, at least on the surface, affects their Charter rights.

“This raises substantial questions that meet the threshold of `clearly not frivolous,'” said the judge.