Legal Challenges During the COVID-19 Pandemic

A B.C. Supreme Court justice has dismissed a constitutional suit against Provincial Health Officer Bonnie Henry that alleged the provincial government broke the law by prohibiting religious gatherings. Klassen had argued that creating sanctions for those violating orders moved the situation into the criminal realm, making it a federal issue. Justice Robert Jenkins disagreed, saying “Although there are sanctions, those are necessary to be able to enforce the mandatory compliance needed for the protection and health care of all British Columbians,” Jenkins said in his ruling. He found the orders were created for “the protection and health of the public in an effort to stop COVID-19’s spread.” Jenkins said Henry made the orders using authority granted to her by the province. That power, Jenkins said, is within the authority of the Constitution Act.^{1) 2)}