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COVID-19

B.C. Supreme Court Upholds Health Authority's Decision to Suspend Unvaccinated Doctor

Strategic Insights

— 2 min read

A B.C. Supreme Court justice has dismissed a judicial review petition from a doctor who lost her hospitalist position in 2021 for refusing to get vaccinated against COVID-19. Dr. Theresa Szezepaniak was terminated from her job at the Royal Inland Hospital in Kamloops after refusing to abide by an October 2021 mandate from provincial health officer Dr. Bonnie Henry that all hospital workers get the vaccine. Szezepaniak's termination was upheld by the hospital appeal board, which found that while outright firing was too harsh a punishment, it was still reasonable to not keep her on if she was still unvaccinated when her contract came up for renewal.

Szezepaniak argues the episode left her with financial and psychological harm, and a "black mark" on her employment record. She wants the decision reversed to rid herself of this black mark. However, the court found that the Canadian Charter of Rights and Freedoms does not apply to a health authority's decision as to how it implements a government policy.

Key Takeaways:

  • The B.C. Supreme Court has upheld a health authority's decision to suspend or terminate a health-care worker who refused to get vaccinated against COVID-19.
  • The court found that the Canadian Charter of Rights and Freedoms does not apply to a health authority's decision as to how it implements a government policy.
  • Dr. Theresa Szezepaniak was terminated from her job at the Royal Inland Hospital in Kamloops after refusing to abide by an October 2021 mandate from provincial health officer Dr. Bonnie Henry.
  • The hospital appeal board found that while outright firing was too harsh a punishment, it was still reasonable to not keep Szezepaniak on if she was still unvaccinated when her contract came up for renewal.
  • Szezepaniak remains unemployed for two months and moved to 100 Mile House to work as a family physician.
  • She argues the episode left her with financial and psychological harm, and a "black mark" on her employment record.

Statistics:

  • 2 months: The length of time Szezepaniak remained unemployed after her termination.
  • 100 Mile House: The location where Szezepaniak moved to work as a family physician.
  • 65+: The age group that was barred from practicing as a doctor in a similar case, which was cited by the judge.
  • 2021: The year in which Dr. Bonnie Henry implemented the mandate that all hospital workers get the vaccine.

Sources:

  • "Abbotsford News"
  • Dr. Bonnie Henry, provincial health officer
  • B.C. Supreme Court decision (August 7)

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