Latest news with #TheresaSzezepaniak
National Post
a day ago
- Health
- National Post
Amy Hamm: B.C. judge goes to great lengths to protect hospital that fired unvaccinated doctor
Article content Earlier this month, the B.C. Supreme Court refused to overturn the decision of British Columbia's Hospital Appeal Board that resulted in Dr. Theresa Szezepaniak being suspended, and effectively fired, for refusing the COVID-19 vaccine. Article content Szezepaniak argued that she should not have been disciplined for refusing to follow Provincial Health Officer Bonnie Henry's October 2021 public health order (PHO), which required all doctors and nurses working in hospitals to be vaccinated. Article content Article content Article content Szezepaniak told the court that her being disciplined left a 'black mark' on her reputation and violated her Charter right to life, liberty and security of the person, which, she argued, 'includes the right to earn an income to support oneself and family.' Article content Article content Judge Steven Wilson (a Liberal appointee) disagreed. Wilson dismissed the case and concluded that the Charter doesn't apply, at all, to the circumstances. Article content Earlier this year, B.C. saw another court case, this one directly challenging the vaccine mandate, dismissed as 'moot' at the B.C. Court of Appeal. The case became 'moot,' according to the court, after Henry rescinded her mandatory vaccination order. As such, a case that had the potential to create a precedent on freedom from governmental medical coercion was stopped dead in its tracks. Article content It would appear as though the judiciary is bending over backwards in order to excuse the draconian public health orders that were issued during the pandemic. The Szezepaniak case fundamentally boiled down to whether the punitive actions taken by the hospital were subject to the Charter of Rights. Article content Article content Most reasonable Canadians would surely agree that given that the Charter applies to the actions of the provincial government, the consequences of an order issued by the province's chief public health officer and implemented by a government-funded public hospital would also be subject to it. Article content Article content But Wilson ruled that, 'The decision to require all health-care workers including physicians to be vaccinated in order to practice in hospitals was made by the public health officer by way of the PHO. However, the decision regarding how to discipline the hospital medical staff for their breach of the PHO was not subject to governmental control under the Hospital Act, as the responsibility for adopting disciplinary measures for governmental policies rests with the IHA Board.' Article content Judge Wilson drove this point home when he wrote: '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.' Article content The court has decided that losing one's job and reputation is no big deal — not the sort of thing that is consequential enough to admit the glaring truth: British Columbians were coerced into taking a vaccine in order to prevent unacceptable and catastrophic consequences in their lives, but those who refused also faced unacceptable consequences for which no one is willing to take responsibility. Article content Eleven days after Henry issued her PHO on mandatory COVID vaccinations, Szezepaniak, according to her appeal board decision, sent a letter requesting an exemption be made for her on the basis that the order was a violation of her Charter rights. Her letter 'also included numerous requests for information related to disclosure of scientific evidence regarding the vaccines and how Charter requirements were being met,' according to the decision. Article content Article content Szezepaniak's exemption was denied, and she received no answers to her inquiries. All told, her vaccine refusal forced her to sell her home, move her family, take a job considered (in medicine) a demotion and to disclose to all future employers that she was disciplined and suspended. Article content Judge Wilson decided that Szezepaniak's hospital was not acting as a direct agent of the government when it disciplined her — a legal technicality that absolved all parties from considering whether her Charter rights had been violated (though Wilson listed reasons he believes a Charter violation didn't occur, regardless). Article content Article content Article content
Yahoo
6 days ago
- Health
- Yahoo
B.C. doctor fired for refusing COVID-19 vaccine loses appeal
The B.C. Supreme Court has dismissed an appeal from a doctor who was fired for refusing the COVID-19 vaccine in 2021. Dr. Theresa Szezepaniak was appealing a 2023 decision from the B.C. Hospital Appeal Board (HAB), which largely upheld the Interior Health authority's decision to suspend her hospitalist privileges at Royal Inland Hospital in Kamloops, B.C. The appeal board had ruled that Szezepaniak's refusal of the shot in 2021 amounted to neglect of her obligations as a hospitalist. Szezepaniak, who had to sell her home and move to a different town to find work after the decision, said that her Charter rights were breached by the HAB decision and asked a Supreme Court justice to set it aside. However, Justice Steven Wilson said the Charter did not apply to Interior Health's decision to suspend Szezepaniak's privileges, as it was an operational decision and not one that was directly controlled by government. "I do not accept that a hospital board's ability to exclude a practitioner from the hospital for failing to comply with the [bylaws] is a decision that is governmental in nature," his decision, published Thursday, read. Szezepaniak had argued that the HAB was upholding discipline based on government legislation, in which case her Charter-protected rights to life, liberty and security of the person — and specifically her right to earn an income to support her family — would have been breached. But the court disagreed, and said that even if the Charter were to apply to the HAB's decision, Szezepaniak's rights were not breached in this instance. That was because, the court noted, the Charter does not protect the right to work in a particular job or position, and Szezepaniak's firing was a result of her decision to not get vaccinated. Contract terminated Szezepaniak's contract with Interior Health was terminated on Nov. 16, 2021, after she declined the vaccine, which was required to continue working in B.C. hospitals under an order from Provincial Health Officer Dr. Bonnie Henry. Her privileges, which granted her the right to provide care at Royal Inland Hospital in Kamloops, were officially cancelled by the health authority in August 2022, and Szezepaniak cited the Charter in an appeal to the HAB shortly thereafter. In both the current Supreme Court case and that HAB decision, the issue was not whether the doctor would be forced to get the vaccine — but rather, the consequences that arose from her decision to decline it. In a Nov. 20, 2023, decision, a HAB panel concluded that Interior Health didn't challenge Szezekpaniak's right to refuse the vaccine, but it did hold her accountable for the fact that that choice left her unable to work under provincial law. "Having the right to make a decision, and your right to do so acknowledged, or respected, is not the same as being held responsible for the consequences," the panel's decision reads. Although the appeal board did not reinstate Szezepaniak's hospitalist privileges, it found the health authority should have suspended rather than cancelled them in August 2022, saying Interior Health should have waited to cancel them if she wasn't vaccinated in time for her next annual review. 'Black mark' Szezepaniak, who is now based in 100 Mile House as a family physician, worked in B.C. hospitals for 21 years before she was fired. She said there was a "black mark" against her name due to the discipline that she received, and that she suffered significant emotional and financial consequences after the firing. Ultimately, however, the court found that the loss of income and her subsequent relocation to find work were not related to the discipline she received — but rather a consequence of her decision to not get the vaccine following the provincial order. Notice of liability A few days after Szezepaniak was barred from working, Royal Inland Hospital's chief of staff emailed to say there were three options for unvaccinated staff: obtain an exemption, resign, or face cancellation of their privileges. Szezepaniak replied with an email saying she would not be "blackmailed or coerced into receiving an experimental injection," the HAB panel decision says. On Nov. 12, a few days before she was fired, she sent an 18-page letter to a health authority manager titled, "NOTICE OF LIABILITY regarding the B.C. Government's Mandatory Testing/Vaccination Policy." Legal experts have previously told CBC News that these documents, favoured by groups opposed to COVID-related public health measures, have no legal value.
CBC
6 days ago
- Health
- CBC
B.C. doctor fired for refusing COVID-19 vaccine loses appeal
The B.C. Supreme Court has dismissed an appeal from a doctor who was fired for refusing the COVID-19 vaccine in 2021. Dr. Theresa Szezepaniak was appealing a 2023 decision from the B.C. Hospital Appeal Board (HAB), which largely upheld the Interior Health authority's decision to suspend her hospitalist privileges at Royal Inland Hospital in Kamloops, B.C. The appeal board had ruled that Szezepaniak's refusal of the shot in 2021 amounted to neglect of her obligations as a hospitalist. Szezepaniak, who had to sell her home and move to a different town to find work after the decision, said that her Charter rights were breached by the HAB decision and asked a Supreme Court justice to set it aside. However, Justice Steven Wilson said the Charter did not apply to Interior Health's decision to suspend Szezepaniak's privileges, as it was an operational decision and not one that was directly controlled by government. "I do not accept that a hospital board's ability to exclude a practitioner from the hospital for failing to comply with the [bylaws] is a decision that is governmental in nature," his decision, published Thursday, read. Szezepaniak had argued that the HAB was upholding discipline based on government legislation, in which case her Charter-protected rights to life, liberty and security of the person — and specifically her right to earn an income to support her family — would have been breached. But the court disagreed, and said that even if the Charter were to apply to the HAB's decision, Szezepaniak's rights were not breached in this instance. That was because, the court noted, the Charter does not protect the right to work in a particular job or position, and Szezepaniak's firing was a result of her decision to not get vaccinated. Contract terminated Szezepaniak's contract with Interior Health was terminated on Nov. 16, 2021, after she declined the vaccine, which was required to continue working in B.C. hospitals under an order from Provincial Health Officer Dr. Bonnie Henry. Her privileges, which granted her the right to provide care at Royal Inland Hospital in Kamloops, were officially cancelled by the health authority in August 2022, and Szezepaniak cited the Charter in an appeal to the HAB shortly thereafter. In both the current Supreme Court case and that HAB decision, the issue was not whether the doctor would be forced to get the vaccine — but rather, the consequences that arose from her decision to decline it. In a Nov. 20, 2023, decision, a HAB panel concluded that Interior Health didn't challenge Szezekpaniak's right to refuse the vaccine, but it did hold her accountable for the fact that that choice left her unable to work under provincial law. "Having the right to make a decision, and your right to do so acknowledged, or respected, is not the same as being held responsible for the consequences," the panel's decision reads. Although the appeal board did not reinstate Szezepaniak's hospitalist privileges, it found the health authority should have suspended rather than cancelled them in August 2022, saying Interior Health should have waited to cancel them if she wasn't vaccinated in time for her next annual review. 'Black mark' Szezepaniak, who is now based in 100 Mile House as a family physician, worked in B.C. hospitals for 21 years before she was fired. She said there was a "black mark" against her name due to the discipline that she received, and that she suffered significant emotional and financial consequences after the firing. Ultimately, however, the court found that the loss of income and her subsequent relocation to find work were not related to the discipline she received — but rather a consequence of her decision to not get the vaccine following the provincial order. Notice of liability A few days after Szezepaniak was barred from working, Royal Inland Hospital's chief of staff emailed to say there were three options for unvaccinated staff: obtain an exemption, resign, or face cancellation of their privileges. Szezepaniak replied with an email saying she would not be "blackmailed or coerced into receiving an experimental injection," the HAB panel decision says. On Nov. 12, a few days before she was fired, she sent an 18-page letter to a health authority manager titled, "NOTICE OF LIABILITY regarding the B.C. Government's Mandatory Testing/Vaccination Policy."
The Province
11-08-2025
- Health
- The Province
B.C. doctor loses challenge of dismissal for COVID vaccine refusal
Dr. Theresa Szezepaniak said her Charter rights were violated when she had her hospital privileges revoked for refusing to get vaccinated A B.C. doctor argued her Charter rights were violated when she was dismissed as a hospitalist for refusing the COVID-19 vaccine during a provincial health order. Photo by Getty Images A B.C. judge has rejected a Charter challenge brought by a Kamloops doctor who said her rights were violated when her hospital privileges were revoked for refusing to get the COVID-19 vaccine. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Exclusive articles by top sports columnists Patrick Johnston, Ben Kuzma, J.J. Abrams and others. Plus, Canucks Report, Sports and Headline News newsletters and events. Unlimited online access to The Province and 15 news sites with one account. The Province ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles and comics, including the New York Times Crossword. Support local journalism. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Exclusive articles by top sports columnists Patrick Johnston, Ben Kuzma, J.J. Abrams and others. Plus, Canucks Report, Sports and Headline News newsletters and events. Unlimited online access to The Province and 15 news sites with one account. The Province ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles and comics, including the New York Times Crossword. Support local journalism. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Dr. Theresa Szezepaniak brought the action in B.C. Supreme Court in Kelowna against the Interior Health Authority and the Hospital Appeal Board, which upheld the health agency's decision. Judge Steven Wilson said the revocation was an administrative decision, not a matter of Charter rights, and ruled in favour of health officials. Szezepaniak worked as a hospitalist at Royal Inland Hospital in Kamloops during the pandemic. On Oct. 14, 2021, provincial health officer Dr. Bonnie Henry issued an order that all doctors and nurses must be vaccinated. Those who refused were told they must resign their privileges or run the risk of being disciplined. The doctor refused either to get the vaccine or resign, instead launching an appeal with the Hospital Appeal Board, which largely upheld the decision of Interior Health, although it 'concluded that the sanction of termination was too harsh.' Essential reading for hockey fans who eat, sleep, Canucks, repeat. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. The appeal board said Szezepaniak should be suspended instead, effectively ending her contract while the health order was in place. Szezepaniak 'argues that her decision not to be vaccinated was one she was entitled to make, and because the provincial health order precluded her from working at the hospital, she ought not to have been disciplined at all.' The doctor argued the discipline meant she has a 'black mark' on her record that will have to be disclosed whenever she applies for new positions. She argued that violates Section 7 of the Canadian Charter of Rights and Freedoms because it 'includes the right to earn an income to support oneself and family.' The judge noted neither the validity of the health order nor the question of the efficacy of the COVID vaccine were at issue in the case. The judge also said it was not a test of the 'procedural fairness' of the appeal board hearing or of Interior Health's procedures and rules for employees. This advertisement has not loaded yet, but your article continues below. Szezepaniak has been practising medicine for 23 years and was a clinical instructor at UBC for 15 years. The primary earner in her family, she moved to 100 Mile House and took a position there after the Royal Inland dismissal. Hospital privileges in all B.C. health authorities are reviewed annually by the regional board of directors, and when a medical worker fails to abide by the Hospital Act or any of its bylaws, a disciplinary process is started. Interior Health's board cancelled Szezepaniak's hospital privileges in a resolution dated Aug. 18, 2022. She appealed to the Hospital Appeal Board, which upheld the dismissal and rejected the Charter argument. The appeal board 'acknowledged that the petitioner was free to make the decision to remain unvaccinated, but concluded that discipline was nonetheless the consequence of that decision.' This advertisement has not loaded yet, but your article continues below. As for the Charter argument, the appeal board said the health authority was only making a 'routine or regular' application of existing government policy. 'While made in response to the effects of the (provincial health) order, it did not constitute application or implementation of government policy.' The judge also agreed the operational decision to suspend Szezepaniak's hospital privileges was not 'patently unreasonable' in the circumstances, a condition that could trigger a Charter challenge. 'I do not accept that a hospital board's ability to exclude a practitioner from the hospital for failing to comply with the bylaws is a decision that is governmental in nature,' said the judge in the ruling posted online late last week. This advertisement has not loaded yet, but your article continues below. While the vaccination mandate was a provincial health order, 'the decision regarding how to discipline the hospital medical staff for their breach of the PHO (order) was not subject to governmental control under the Hospital Act, as the responsibility for adopting disciplinary measures for governmental policies rests with the Interior Health Authority board. 'It follows that I conclude that the Charter does not apply to the circumstances in this case.' Though acknowledging that Szezepaniak encountered 'stress and hardship' in making her decision to reject the vaccine, the judge said that 'does not make the orders a state interference with their physical or psychological integrity.' The judge referred to an earlier ruling that said 'the right to security of the person does not protect the individual from the ordinary stresses and anxieties that a person of reasonable sensibility would suffer as a result of government action. 'If the right were interpreted with such broad sweep, countless government initiatives could be challenged on the ground that they infringe the right to security of the person, massively expanding the scope of judicial review, and, in the process, trivializing what it means for a right to be constitutionally protected.' jruttle@ Read More Local News University News Real Estate News
Vancouver Sun
11-08-2025
- Health
- Vancouver Sun
B.C. doctor loses challenge of dismissal for COVID vaccine refusal
A B.C. judge has rejected a Charter challenge brought by a Kamloops doctor who said her rights were violated when her hospital privileges were revoked for refusing to get the COVID-19 vaccine. Dr. Theresa Szezepaniak brought the action in B.C. Supreme Court in Kelowna against the Interior Health Authority and the Hospital Appeal Board, which upheld the health agency's decision. Judge Steven Wilson said the revocation was an administrative decision, not a matter of Charter rights, and ruled in favour of health officials. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. Szezepaniak worked as a hospitalist at Royal Inland Hospital in Kamloops during the pandemic. On Oct. 14, 2021, provincial health officer Dr. Bonnie Henry issued an order that all doctors and nurses must be vaccinated. Those who refused were told they must resign their privileges or run the risk of being disciplined. The doctor refused either to get the vaccine or resign, instead launching an appeal with the Hospital Appeal Board, which largely upheld the decision of Interior Health, although it ' concluded that the sanction of termination was too harsh.' The appeal board said Szezepaniak should be suspended instead, effectively ending her contract while the health order was in place. Szezepaniak 'argues that her decision not to be vaccinated was one she was entitled to make, and because the provincial health order precluded her from working at the hospital, she ought not to have been disciplined at all.' The doctor argued the discipline meant she has a 'black mark' on her record that will have to be disclosed whenever she applies for new positions. She argued that violates Section 7 of the Canadian Charter of Rights and Freedoms because it 'includes the right to earn an income to support oneself and family.' The judge noted neither the validity of the health order nor the question of the efficacy of the COVID vaccine were at issue in the case. The judge also said it was not a test of the 'procedural fairness' of the appeal board hearing or of Interior Health's procedures and rules for employees. Szezepaniak has been practising medicine for 23 years and was a clinical instructor at UBC for 15 years. The primary earner in her family, she moved to 100 Mile House and took a position there after the Royal Inland dismissal. Hospital privileges in all B.C. health authorities are reviewed annually by the regional board of directors, and when a medical worker fails to abide by the Hospital Act or any of its bylaws, a disciplinary process is started. Interior Health's board cancelled Szezepaniak's hospital privileges in a resolution dated Aug. 18, 2022. She appealed to the Hospital Appeal Board, which upheld the dismissal and rejected the Charter argument. The appeal board 'acknowledged that the petitioner was free to make the decision to remain unvaccinated, but concluded that discipline was nonetheless the consequence of that decision.' As for the Charter argument, the appeal board said the health authority was only making a 'routine or regular' application of existing government policy. 'While made in response to the effects of the (provincial health) order, it did not constitute application or implementation of government policy.' The judge also agreed the operational decision to suspend Szezepaniak's hospital privileges was not 'patently unreasonable' in the circumstances, a condition that could trigger a Charter challenge. 'I do not accept that a hospital board's ability to exclude a practitioner from the hospital for failing to comply with the bylaws is a decision that is governmental in nature,' said the judge in the ruling posted online late last week. While the vaccination mandate was a provincial health order, 'the decision regarding how to discipline the hospital medical staff for their breach of the PHO (order) was not subject to governmental control under the Hospital Act, as the responsibility for adopting disciplinary measures for governmental policies rests with the Interior Health Authority board. 'It follows that I conclude that the Charter does not apply to the circumstances in this case.' Though acknowledging that Szezepaniak encountered 'stress and hardship' in making her decision to reject the vaccine, the judge said that 'does not make the orders a state interference with their physical or psychological integrity.' The judge referred to an earlier ruling that said 'the right to security of the person does not protect the individual from the ordinary stresses and anxieties that a person of reasonable sensibility would suffer as a result of government action. 'If the right were interpreted with such broad sweep, countless government initiatives could be challenged on the ground that they infringe the right to security of the person, massively expanding the scope of judicial review, and, in the process, trivializing what it means for a right to be constitutionally protected.' jruttle@
