Religious and personal beliefs about vaccines do not disqualify a person from working in a health care setting with vulnerable patients while not vaccinated, a British Columbia Supreme Court judge has ruled.
B.C. Supreme Court Justice Simon Koval sided with provincial health officer Dr. Bonnie Henry regarding the vaccination requirement for health-care workers, largely rejecting arguments that it was unreasonable and unconstitutional.
In his May 10 ruling, Koval ruled that two new orders issued by the state's top doctor on October 5, 2023 will require COVID-19 vaccinations to begin in October 2021. He said the extension was justified.
The health care workers who lost their jobs after refusing to be vaccinated based their claims on four main grounds, Koval summarized in a lengthy written decision.
Regarding claims that COVID-19 is no longer a “significant immediate risk” to public health in British Columbia, Koval said, “Transmission of the virus continues to pose an immediate and significant risk to public health across the province. It was determined that the use of this technology is justified by its continued use. Emergency powers. ”
Regarding the argument that unvaccinated healthcare workers pose no greater risk to vulnerable patients or the healthcare system in general than vaccinated healthcare workers, Koval argues that fully vaccinated healthcare workers pose no greater risk to vulnerable patients or to the healthcare system in general. supported Henry's evidence that people reduce the risk of infection.
Koval pointed out that he was not evaluating the veracity of the scientific evidence, but whether the evidence supported Henry's claims. As such, the mandate was generally justified because vaccines have been shown to reduce infection and hospitalization rates.
Some petitioners argued that the order interfered with their constitutional right to religious freedom.
And, in fact, the mandate did so, Koval ruled. However, they do so to a reasonable extent “to achieve the important public health objectives of protecting vulnerable patients, residents, and customers from serious illness and death and protecting the functioning of the state's health care system.” He did it inside.
Koval quickly dismissed claims that the mandate violated personal beliefs about vaccination and prevented some workers from continuing to work in their chosen professions.
“This order did not force them to undergo unwanted treatment and therefore did not interfere with their bodily integrity or medical self-determination,” Koval said.
The Charter of Rights “does not protect the right to work in any particular employment or profession, or to avoid the stress or hardship of being refused employment in that profession because of a violation of its governing rules or regulations.” Koval added. .
There was one caveat to Koval's consistent rebuke of petitioners. Koval told Henry that health care workers can “perform their roles remotely or in person, but only if they are able to perform their roles without contact with patients, residents, customers, or front-line health care workers.” It directed them to reconsider whether to grant health care workers' requests to remain unvaccinated. they. “
Of the original 11 petitioners, “many” worked in remote locations without contact with patients or front-line staff, Koval noted.
Koval considered a total of three petitions.
Peternella Hoogerburg is a nurse who was previously employed at an urgent care center within the Fraser Health Authority, retiring in May 2022. She Hugerburg led a second petition on her religious grounds.
Dr. York Shan, a surgeon at Vancouver General Hospital. Dr. David Morgan, psychiatrist at the Prince George's Youth Forensic Clinic. Hilary Vanderguten, a clinical coordinator and registered nurse at Langley Memorial Hospital, filed a third petition when she refused to receive the vaccine based on personal beliefs and a risk-benefit analysis, according to Koval's ruling. is said to have been created.
Koval said most of the petitioners reported being unemployed or underemployed, adding that approximately 1,800 health workers had lost their jobs due to opposition to the mandate.
“Rather than have his consulting and teaching positions terminated, Mr. Shang chose to retire in November 2021 at the age of 67,” the ruling said. Although Morgan was laid off, he continues to practice full-time in private psychiatry and continues in his role as a clinical assistant professor in UBC's Department of Forensic Psychiatry. Mr. VanderGouten was also laid off and took a part-time job administering coronavirus tests in the film industry.
“Nearly everyone believes vaccination is a personal health decision and a matter of choice,” Koval noted, adding, “Most of those who refuse for religious reasons do not agree with their Christian beliefs. and the use of fetal cells in vaccine development.” ”
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