Appeal Dismissed as Moot by B.C. Court of Appeal
On May 6, the B.C. Court of Appeal dismissed an appeal by health-care workers challenging the province's COVID-19 vaccine mandate. The court ruled that the case was moot, meaning it was no longer relevant, as the mandate in question had been rescinded or was no longer in effect. This decision halted further arguments on the matter, despite the legal team's preparation for an extended hearing.
Allison Pejovic, a constitutional lawyer representing the health-care workers, expressed disappointment over the ruling. She highlighted that the team had anticipated a multi-day argument to address the significant issues at stake. Pejovic emphasized the broader implications of such dismissals, noting a pattern of Canadian courts rejecting challenges to pandemic orders on grounds of mootness.
Concerns Over Charter Rights and Precedents
The dismissal raises questions about the ability to challenge past government mandates, especially those tied to public health emergencies. Pejovic argued that the violation of Charter rights and freedoms during the COVID-19 period has been unprecedented. She pointed out that dismissing cases as moot prevents a full examination of whether such mandates infringed on fundamental rights.
The health-care workers involved in the appeal sought to contest the mandate that required vaccination as a condition of employment, claiming it impacted their personal freedoms and professional lives. While the court's decision closes this particular legal avenue, it underscores ongoing debates about balancing public health measures with individual rights in Canada.
Broader Implications for Legal Challenges
This ruling is part of a larger trend where courts across Canada have dismissed similar challenges to pandemic-related orders. Legal experts note that such decisions could set precedents limiting future challenges to emergency measures. The B.C. Court of Appeal's stance on mootness suggests that once a policy is no longer active, its legality may not be fully adjudicated, leaving unresolved questions about government overreach during crises.