The B.C. Supreme Court has upheld a decision by British Columbia’s Hospital Appeal Board to suspend Dr. Theresa Szezepaniak for refusing to receive the COVID-19 vaccine. This ruling effectively ends her employment. Szezepaniak contended that her discipline was unjust, arguing it violated her rights under the Charter of Rights and Freedoms, particularly her right to life, liberty, and security. She claimed this included the right to earn a living to support herself and her family.

Judge Steven Wilson ruled against Szezepaniak, stating that the Charter does not apply in this case. He dismissed her arguments, concluding that the disciplinary actions taken by the hospital were not under governmental control as outlined in the Hospital Act. Wilson noted that while the Provincial Health Officer Bonnie Henry mandated vaccinations for healthcare workers, the decision on how to discipline those who did not comply was left to the hospital's governing board.

Wilson emphasized that the case was not about whether Szezepaniak could be compelled to get vaccinated. Instead, it focused on the consequences of her choice to decline the vaccine. He stated, "This case is not about whether the petitioner could be compelled to be vaccinated. Rather, the focus is on the consequences that flow from her decision to decline the vaccine."

This ruling is part of a broader trend in British Columbia, where earlier this year, another court case challenging the vaccine mandate was dismissed as "moot" after the mandate was rescinded. Critics argue that the judiciary is not adequately addressing the implications of public health orders issued during the pandemic.

Szezepaniak had requested an exemption from the vaccination order shortly after it was issued, citing violations of her Charter rights. Her request included demands for information regarding the scientific evidence supporting the vaccines and how the Charter requirements were being met. However, her exemption was denied, and she received no responses to her inquiries.

As a result of her refusal to comply with the vaccination mandate, Szezepaniak faced significant personal consequences, including selling her home and relocating her family. The court's decision has raised concerns among those who have faced similar disciplinary actions for refusing the vaccine.