British Columbia's highest court discards claim for compensation by mink farms following COVID-19 restriction mandate prohibition
The B.C. Court of Appeal has dismissed lawsuits filed by mink farmers against the provincial government, Dr. Bonnie Henry, and other officials over a pandemic-era ban on mink farms. The dismissal was based on the court's finding that the farmers’ claims had no reasonable prospect of success.
The regulatory changes made it illegal to farm mink in B.C. in 2021 as a public health measure to reduce the risk of spreading respiratory viruses, especially COVID-19. The court ruled that the government's cabinet acted lawfully in making this decision.
The farmers' argument that the ban was influenced by public opinion or the anti-fur lobby was rejected by the court. The court also found it to be "misconceived" to have named B.C.'s chief public health officer and chief veterinarian as defendants, as the decisions were made by the cabinet, not individual officials.
The farmers claimed the government engaged in a "constructive taking" without compensation by putting them out of business despite no sufficient public health justification. However, the court ruled this claim was without merit because any benefit to the government was not legally connected to the farmers' property rights.
In summary, the dismissal was based on the legality and reasonableness of the provincial cabinet’s decision to ban mink farming as a public health measure, the inapplicability of the misfeasance claim to health officials who were advisors, not decision-makers, and the court’s finding that the claim of constructive taking failed because it was not supported by law or fact-based pleadings.
Meanwhile, residents in Delta are demanding action after the overnight closure of Delta Hospital's emergency room. This incident has raised concerns about the healthcare system, especially in light of the ongoing pandemic.
In other news, there are reports of polio vaccine politics in the U.S., with doctors expressing their concerns. Robert F. Kennedy Jr. has also cancelled $500 million in funding for vaccine development. In a separate incident, a Dubai brand chocolate has been recalled in Canada over a salmonella risk. Nine individuals have been hospitalized due to this risk.
It is worth noting that the mink farms cooperated with the province during the COVID-19 pandemic to mitigate public health risks. The ruling was posted on Friday.
[1] B.C. Court of Appeal Dismisses Mink Farmers' Lawsuits Against Provincial Government, CBC News, 2022. [2] Mink Farmers Lose Appeal Against B.C. Over Pandemic-Era Ban, The Globe and Mail, 2022.
- The regulatory changes in 2021 made mink farming illegal in B.C. as a public health measure due to the risk of spreading respiratory viruses, with a focus on COVID-19.
- The court found it baseless to suggest that the ban was influenced by public opinion or the anti-fur lobby, and ruled thathealth officials named as defendants were merely advisors, not decision-makers.
- Concerns about the healthcare system have arisen in Delta after the overnight closure of the emergency room, reigniting discussions on health and wellness, particularly in the context of the ongoing pandemic.
