Group challenging BC COVID measures plans Burnaby town hall amid ongoing appeal

(Image courtesy CBC)

A citizen-led legal group challenging British Columbia’s COVID-19 public health measures will hold a public town hall on Thursday as it continues to pursue an appeal in a closely watched class-action lawsuit against Provincial Health Officer Dr. Bonnie Henry and the provincial government.

The Canadian Society for the Advancement of Science in Public Policy (CSASPP), a volunteer-driven organization formed during the pandemic, announced it will host a meeting March 19 at Burnaby’s Gilmore Place complex to update supporters on the status of its litigation, including the appeal of a key ruling by BC Supreme Court Justice David Crerar.

The lawsuit, originally filed in January 2021, seeks civil remedies and judicial scrutiny of the legal and scientific basis for a range of pandemic-era policies imposed under emergency powers, including vaccine mandates and related public health orders issued by Henry.

CSASPP describes itself as a non-profit, non-partisan group created in response to what it characterizes as an unprecedented expansion of executive authority during the COVID-19 emergency. The proposed class action was brought on behalf of British Columbians affected by restrictions on employment, travel and access to public venues during the pandemic.

(Data courtesy ACS Metropolis)

The organization’s strategy differs from other pandemic-era legal challenges that relied on judicial review of individual public health orders. CSASPP instead launched a class-action civil lawsuit — a process that allows document disclosure, witness examinations and cross-examination — which the group argues is necessary to fully test the government’s decision-making and the scientific assumptions underlying the emergency declaration.

Supporters of the case say the litigation could eventually require senior officials, including Henry, to answer questions under oath and produce internal government records relating to pandemic policy decisions.

The group has also sought to distinguish its legal effort from several other high-profile pandemic lawsuits in Canada. In separate litigation, “constitutional lawyer” Rocco Galati brought a defamation claim against CSASPP that was dismissed by the court, with costs awarded against him. CSASPP says its own case differs in structure and scope, arguing that a class-action proceeding with full discovery provides a more rigorous legal test of government pandemic policies.

Since its launch, the organization has relied largely on crowdfunding and volunteer work to finance its legal campaign, which supporters describe as one of the most ambitious civil challenges to pandemic-era public health measures in British Columbia.

The upcoming Burnaby town hall will focus on the current state of the lawsuit, next steps in the appeal process, fundraising and questions from the public.

The event will take place March 19 at 2108 Gilmore Ave. in Burnaby, with doors opening at 5 p.m. and a presentation scheduled to begin at 6 p.m. Admission will be by donation, with organizers saying no one will be turned away.