Days after Alberta Health Services announced it would be extending the deadline to Nov. 30 for employees to submit proof that they are fully vaccinated against COVID-19, four doctors from around the province say they are suing AHS and CEO Dr. Verna Yiu over the policy.
An 11-page statement of claim says doctors Joanna Moser, Eric Payne, David Loewen and Gregory Chan “oppose being forced against their will to be vaccinated without their informed consent.”
It says they have “suffered vilification and extreme ill-will being directed at them as ‘unvaccinated people'” due to statements made by Yiu, Premier Jason Kenney and other government officials that they believe suggest the unvaccinated are to blame for the pandemic and the subsequent strain on the health-care system.
In a statement, an AHS spokesperson says “over 9,000 physicians and 200 medical leaders work with AHS. This lawsuit represents far less than 0.1 per cent of those physicians.”
University of Calgary associate law professor Lorian Hardcastle says even though the lawsuit has some merit, it lacks focus.
“I think this could have been drafted in a much less sensationalist manner that would have helped the public and the courts hone in on the parts of the argument that aren’t entirely frivolous,” Hardcastle says.
Hardcastle believes mandates that limit someone’s rights warrant legal discussion but is unsure how far this case will go.
“A court would likely find that those are reasonable limits on individual rights, given the pandemic.”
As for the deadline to get fully vaccinated, one group that was relieved to see an extension was the Alberta Union of Provincial Employees.
As of Monday, 76 per cent of casual workers have submitted their proof of vaccination status, compared to 94 per cent of full-time and part-time employees.
“If those numbers don’t improve, it is going to leave our health-care system in a crisis,” says AUPE vice-president Bonnie Gostola.
Gostola says the potential to lose workers who are not compliant with the policy is particularly concerning when it comes to the province’s rural areas.
“It’s really Albertans that are going to suffer,” says Gostola. “What is the next course of action? Is it closing hospitals? Is it closing units because you can’t run them effectively?”
AHS has yet to announce what contingency plans are in place but said they “do not expect unimmunized casual staff to cause any major staffing challenges after the deadline.”