An Alberta judge dismissed a request by four doctors who wanted to be exempted from an Alberta Health Services requirement that all health care workers be vaccinated against COVID-19.
Queen’s Bench Court Judge John Henderson says his decision is in the public interest because he doesn’t want Albertans to question the rules the healthcare provider has put in place to try to slow the spread of the virus.
Orthopedic surgeon Dr. Nadr Jomha; Dr. Blaine Achen, chief of cardiac anesthesia at the Alberta Mazankowski Heart Institute; and doctors Gert Grobler and Tyler May submitted the application earlier this month.
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Richard Secord, an attorney for the Justice Center for Constitutional Freedoms, represented the doctors and argued that the four had built a natural immunity to COVID-19 after testing positive and recovering from the infection.
Secord also argued that doctors face termination, restrictions and disciplinary action for going against their employer.
The health agency twice pushed back its deadline for health workers to get vaccinated before December 13 is the last day to provide testing.
Henderson told the court that physicians have genuine subjective concerns, but that “if those concerns are objectively reasonable it is a problem that cannot be resolved today.” He said Alberta Health Services had not had enough time to present evidence.
“Due to the policy, the privileges of three of the four plaintiffs have been suspended and thus effectively barred from any medical practice at any AHS facility,” Henderson said.
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Doctors also argued that the policy could tarnish their reputation and said they are losing significant revenue.
Henderson said Alberta Health Services is willing to meet with doctors in court in mid-March to reevaluate their layoffs once the agency can gather enough evidence.
“There is nothing to suggest that AHS acted in bad faith,” the judge said.
“I doubt that AHS could be wrong in its assessment of the value of vaccines, just as Canada’s medical director could be wrong and Canada’s CEOs could be wrong.
“We have entrusted these decisions to AHS. It would be detrimental to Albertans to undermine their decision-making. “
© 2021 The Canadian Press
Reference-globalnews.ca