UPDATE: Fighting vaccine passports in B.C. court

• By Ezra Levant

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British Columbia’s Supreme Court heard the fourth and final of the current legal challenges to B.C.’s vaccine passport earlier this week.

Dr. Bonnie Henry’s lawyers attempted to get an expert report from Manitoba's former chief provincial health officer Dr. Joel Kettner tossed during the most recent legal challenge to the province's vaccine passport.

The two day hearing for the judicial review of the vaccine card orders that restricted unvaccinated people in B.C. from entering “non-essential” places and events such as restaurants, weddings, and concerts, between September 2021- April 2022 was brought forward by the Canadian Society for the Advancement of Science in Public Policy (CSASPP). 

Click here to read CSASPP's petition to the B.C. court.

Chief Justice Christopher Hinkson presided over the matter as he did for the three prior challenges including The Democracy Fund’s challenge made possible by generous donations to FightVaccinePassports.com from Rebel News supporters.

On day one of the hearing, CSASPP’s Counsel Polina Furtula from Citadel Law Corporation gave submissions as to why her petitioners (including CSASPP itself and the non-profit’s executive director Kip Warner), should in fact have standing for the case to be heard. She also put forth the arguments that the government's orders were overgeneralized, unconstitutional, and lacked up-to-date scientific evidence.

The honourable Chief Justice Christopher Hinkson,  who is presiding over all four vaccine passport challenges and is currently reserving judgment, made it very clear on day one that he isn’t interested in ruling over which science is most accurate stating “the Supreme Court of Canada has said that judges don’t have the authority to do that.”

Unique to CSASPP’s case was a report that was sent to B.C’s Provincial Health Officer Dr. Bonnie Henry, in a request for reconsideration for plaintiff Warner back in October 2021.

The report, which differs from many medical opinions that Dr. Henry has expressed about the declared Covid-19 pandemic, was written by Dr. Joel Kettner MD, MSc, FRCSC, FRCPC, Manitoba’s former Chief Medical Officer of Health, and the former Provincial Health Officer.

The government's lawyer spent a significant portion of the afternoon trying to argue that Dr. Kettner’s report should not be accepted as expert evidence due to Provincial Health Officer Dr. Bonnie Henry’s office being overburdened from the state of emergency, Dr. Henry likely not having time to review it, and the report not complying with the civil rules to go before the judge.

“Does she not read her mail?”, Justice Hinkson responded after reminding the government's lawyers that the report did not have to be brought through the civil rules because it is part of the plaintiff's request for consideration addressed directly to Dr. Bonnie Henry.

Justice Hinkson also reminded the government's lawyers that there are people whose loved ones were dying and they couldn’t see them in settings like hospitals. Mr. Hinkson added that for the government to say to such people “well we’re too busy for that," suggests that Dr. Henry did not place too much value on people’s charter rights.

Justice Hinkson is well-briefed on such a scenario as in the second challenge to the vaccine passport brought forward by Rebel News' charity partners The Democracy Fund, one of the plaintiff’s named Leigh Eliason was prohibited from sharing precious in-person moments with her grandfather before he passed away as she is medically unable to receive a Covid-19 vaccine.

Watch my interview above with CSAPP’s lawyer after day one in court. And for more direct quotes on what was said in court on day one of CSAPP’s challenge, click here.

During my interview with her, CSAPP’s lawyer thanked those who donated to the non-profit society here in order to make the important costly challenge happen.

Rebel News also wants to thank all of you who continue to donate what you can at FightVaccinePassports.com to many vaccine-based and freedom-related cases they’ve taken on. Let’s continue to fight for a new precedent for freedom in Canada.