Two rulings in the past two weeks suggest that provincial health officers are not above the law, with judges in British Columbia and Alberta issuing crucial decisions against Dr. Bonnie Henry and Dr. Deena Hinshaw.
This week, a B.C. judge ruled that Henry must face a class-action constitutional challenge to several of her health orders under COVID-19, and that he would not throw the challenge out of court as Henry’s lawyers had requested.
The B.C. ruling echoes a trend from last week that saw an Alberta judge tell provincial health officer Dr. Deena Hinshaw that she could not use “cabinet confidentiality” to avoid answering questions in court about her discussions with government leaders.
Like Henry, Hinshaw is facing a civil suit over the constitutionality of her public health orders.
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