COVID-19 concerns expressed at City of Powell River committee of the whole meeting

Presenters reiterated their concerns about the COVID-19 pandemic to City of Powell River councillors.

At the November 30 committee of the whole meeting, Wade Larson and George Orchiston made presentations on helping stop divisions in the community, and what was termed the government’s unlawful response to COVID-19.

Larson said he had gone through the Community Charter to try and find out about what city council can do. He said it states that BC residents are served best when in their relationship, municipalities and the provincial government work toward harmonization of provincial and municipal enactments, policies and programs, and foster cooperative approaches to matters of mutual interest.

He said the Local Government Act provided municipalities and councils with the legal framework for powers, duties and functions that are necessary to fulfill their purposes.

“Clearly, from the last meeting that we had, and the meeting I first spoke at, there is an issue at stake,” said Larson. “I’m here speaking out of general concern for everybody. If we, for a minute, forget that you Mr. [David] Formosa are the mayor, council members are council members, I’m asking you to look at this pressing matter as people.

“It all boils down to a concern that I have. My whole family is vaccinated – everybody but me has been vaccinated. If I’m wrong, after 2023, when the vaccine has actually had its tests, if I’m wrong, I can go and get that vaccine. Sadly, if I’m right, there’s a lot of lives that are at stake. I’m just asking that you take some time to consider: what if you’re wrong?”

Larson said it takes a community to come together and take a stand. He said it’s hard to go against the grain.

Orchiston said he wanted to explain what he termed as unconstitutional lockdown measures, and the requirements of the city to act. He said on March 17, 2020, after the World Health Organization had declared a pandemic, the prime minister announced a lockdown and invoked the federal Quarantine Act, restricting travel, but at no time has the federal parliament invoked the federal Emergencies Act, he added.

Orchiston said on March 17, 2020, provincial health officer Dr. Bonnie Henry issued notice that the virus had caused cases and outbreaks in BC of an illness known as COVID-19. The following day, the BC government declared a state of emergency, he said.

“In its emergency response, the BC government closed large sectors of the BC economy,” said Orchiston. “Dr. Henry and the BC government did not reasonably limit the negative effects on the public against the perceived benefits resulting from their lockdown measures.”

Orchiston said BC never did, nor can it, demonstrably justify, in a free and democratic society, its violation of the Canadian Charter of Rights and Freedoms.

He said he had written government officials regarding the use of the BC Constitutional Question Act. He said it permits the provincial cabinet to refer a legal question to the BC Court of Appeal for hearing and consideration for a question such as: did the BC government’s public health officer violate the Canadian Charter of Rights and Freedoms when it limited a person’s charter rights and freedoms as it employed its lockdown measures in response to the COVID-19 issue?

Orchiston said he has requested that the BC government act, but he has not received a response.

“Senior governments continue to unlawfully interfere with our charter of rights and freedoms,” said Orchiston. “Therefore, I strongly recommend that the City of Powell River end any complicity it may have in that illegal conduct and that the city advise senior government it is not prepared to act on orders or requirements related to COVID-19 that interferes with rights and freedoms guaranteed by the charter.

“I advise the City of Powell River to implore the provincial government to utilize the BC Constitutional Question Act and refer an appropriate legal question to the BC Court of Appeal for its review and consideration. I sincerely hope the City of Powell River will take the appropriate action to ensure it’s on the right side of the law and history.”