The B.C. Human Rights Tribunal has tossed two complaints aimed at B.C.sa国际传媒檚 provincial health officer and Premier over the provincial COVID-19 vaccine card.
Typically, the tribunal does not publish screening decisions, which are made to determine if a complaint can be heard. However, due to receiving a sa国际传媒渓arge volumesa国际传媒� of inquiries and complaints alleging that the vaccine card is discriminatory, it was determined to be in the public interest, according to tribunal documents.
The first complaint was filed against Dr. Bonnie Henry, alleging that the proof of vaccination program discriminated against the claimant on the basis of disability. The complainant claimed to have asthma and a case of pneumonia as a child. The claimant also stated that he sa国际传媒渄oes not want your experimental vaccinesa国际传媒�.
Ultimately, his complaint was tossed because he failed to establish a connection between having asthma and not being fully vaccinated. The U.S.-based Allergy and Asthma Network said it is safe for people with asthma to get a COVID-19 vaccination, as they have not had an immediate or severe allergic reaction to the vaccine or any of its ingredients.
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The second complaint was filed against Premier John Horgan, alleging the vaccine card amounted to discrimination on the grounds of political belief.
Human Rights Tribunal chair Emily Ohler wrote that political belief is only a ground of discrimination in relation to employment, employment advertisements and membership in employment-related organizations like unions.
The complainant filed her complaint on behalf of not only herself but a class of sa国际传媒減eople who are opposed to being forced into getting the COVIDsa国际传媒�19 vaccination and getting our basic human rights and freedoms stripped from us.sa国际传媒�
While Ohler agreed that a genuinely held belief opposing government rules regarding vaccination could be a political belief within the Human Rights Code, sa国际传媒淚 stress that protection from discrimination based on political belief does not exempt a person from following provincial health orders or rules.sa国际传媒�
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Ohler dismissed the complaint as it failed to prove how political opposition to the vaccine card adversely impacted the claimantsa国际传媒檚 employment and referred only to the announcement of the B.C. vaccine card, not any orders requiring employees in certain professions to be vaccinated.
Veronica Martisius of the BC Civil Liberties Association told Black PRess Media that there has been a rise in people who sa国际传媒渕istakenlysa国际传媒� believe their human rights are being violated by public health orders.
sa国际传媒淪imply feeling oppressed by the government because yousa国际传媒檝e been asked to wear a mask in a store or provide proof of vaccination to access non-essential services isnsa国际传媒檛 an acceptable human rights complaint under B.C. Human Rights Code,sa国际传媒� she said.
Meanwhile, people with a disability that prevents them from wearing a face mask have a right to reasonable accommodation.
sa国际传媒淩easonable accommodation may include serving a customer outside or providing an online delivery service. If reasonable accommodation is not provided to someone with a disability, that may amount to discrimination.sa国际传媒�
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The Office of the Human Rights Commissioner sa国际传媒� a separate entity from the Human Rights Tribunal which exists to provide education, advocacy and policy around the B.C. Human Rights Code sa国际传媒� said they have received more than 1,000 phone calls and over 4,000 emails related to the B.C. vaccine card since Aug. 28.
B.C. Human Rights Commissioner Kasari Govender said in a statement to Black Press Media that while she understands how people feel the vaccine card is a violation of their rights and that medical exemptions are a vital accommodation, she does not believe the program violates human rights.
sa国际传媒淎 person who chooses not to get vaccinated as a matter of personal preference sa国际传媒� especially where that choice is based on misinformation or misunderstandings of scientific information sa国际传媒� does not have grounds for a human rights complaint.sa国际传媒�
cole.schisler@bpdigital.ca
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