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Citing medical conditions, women file constitutional challenge of B.C. vaccine card

Ravi Kahlon, B.C. Minister of Jobs, Economic Recovery and Innovation, has his provincial COVID-19 vaccine card scanned by White Spot restaurant general manager Bill Warwick, before having breakfast in Delta, B.C., on Wednesday, September 15, 2021. THE CANADIAN PRESS/Darryl Dyck

Two British Columbia women who say doctors advised them against getting COVID-19 vaccines have filed a constitutional challenge of the province’s vaccine passport.

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A petition filed in B.C. Supreme Court says 39-year-old Sarah Webb, who lives in Alberta and B.C., developed an adverse reaction from her first dose of a vaccine in May and ended up in the emergency department of a Calgary hospital six days later.

The court document says Webb’s symptoms included fatigue, heart arrhythmias, severe pain and a rash on her arm.

It says she received antibiotics but developed further complications the next day and went to another hospital, where a doctor told her she should not get a second vaccine shot.

The petition filed against the attorney general and the Ministry of Health says Leigh Anne Eliason of Maple Ridge, B.C., was told by her doctor that she should not get a COVID-19 vaccine because of the risk of side effects due to her medical history.

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Neither the Attorney General’s Ministry nor the Health Ministry could immediately provide a response to the court challenge.

The petition says both women’s physicians have written exemption letters citing their physical disabilities.

However, the petition says each of the doctors raised concerns that neither the government nor any provincial medical associations had provided guidelines on how to write such a letter or what information should be included.

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“There is no evidence to suggest that the attorney general of British Columbia or the (Health Ministry) have considered individuals like the petitioners in making the vaccine card announcement or in crafting the vaccine card orders,” says the petition, which was filed on Sept. 23.

B.C. residents without proof of vaccination are prohibited from certain activities like dining in restaurants, entering movie theatres and gyms. That deprives the petitioners of their charter rights, the petition says.

Provincial health officer Dr. Bonnie Henry has said anyone who chooses not to be vaccinated has options including ordering takeout from restaurants and watching movies and sports at home because her order is aimed at reducing transmission of the virus from anyone who may be infected.

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