In the midst of the cold and flu season, the province of British Columbia implemented a mandate in November 2021 requiring all provincial public servants to disclose their confidential medical information by showing proof of their COVID-19 vaccination in order to maintain their employment. This decision sparked the formation of a group called the BC Public Service Employees for Freedom (BCPSEF).
The BCPSEF was quickly organized over social media by provincial employees who were facing the possibility of being placed on unpaid leave. Their main contention was that the government's measures infringed upon their constitutional right to medical privacy and bodily autonomy. In February 2022, the BCPSEF became a not-for-profit society with the goal of taking legal action against the provincial government's mandate.
One member of the BCPSEF, an immigrant who had moved to Canada at a young age, shared her personal journey and the reasons behind her family's decision to immigrate. Having witnessed the events in Hong Kong when the Chinese government reneged on their agreement with the citizens, she understood the importance of living in a free society without tyrannical rule. However, with the implementation of mandates across British Columbia and the country, she felt that she was witnessing the slow progress of communism and was deeply affected by stories of job loss and even suicide among public servants who did not comply with the mandates.
The BCPSEF's first court filing, a Judicial Review Petition, occurred in February 2022. They sought to halt the pending terminations of BC public servants until the court could review the government's mandate. Unfortunately, this petition was unsuccessful, and the terminations went ahead. The judicial review of the government's decision was scheduled for July 2023, but with the government rescinding their mandate in April 2023, the BCPSEF had to take a different approach.
Their next filing was with the Labour Relations Board, accusing the BC Government Employees Union of failing to represent union members impacted by the mandate. However, the Board denied their filing and subsequent request for reconsideration. The BCPSEF is now exploring other options.
On October 30, 2023, a member of the BCPSEF filed a Class Action lawsuit against the Province of British Columbia and Dr. Bonnie Henry, the Provincial Health Officer. The lawsuit seeks various damages and claims misfeasance in Public Office. Additionally, it requests an order under section 24(1) of the Canadian Charter of Rights and Freedoms and a declaration that section 92 of the Public Health Act should not limit Charter rights with respect to Charter Damages.
These are just some of the actions taken by the BCPSEF in their fight against the government's mandate. Those interested in learning more about the group or supporting them financially can visit their website at www.bcpsforfreedom.com.
The story of the BC Public Service Employees for Freedom is one of individuals standing up for their rights and fighting against what they perceive as government overreach. As the legal battle continues, the outcome will undoubtedly have implications for medical privacy, bodily autonomy, and individual freedoms in British Columbia and beyond.
