Thread by @OhCasavant

1/ For years (oh, god, it has been years) every request for scientifically & ethically sound COVID action has been met with denial and "We follow Bonnie Henry."

Now, I was taught that even the Queen herself (now King) could not direct a P.Eng to abandon ethics.

So ...

🧵

2/ @PHSAofBC runs @CDCofBC. BC CDC guidance is ref'd everywhere. So, I asked CEO.

"...help me to understand the legal roles and responsibilities for healthcare PPE decisions in BC? It's unclear when one considers PHO, PHSA itself, BCCDC...PicNet, and Worksafe BC."

3/
"..direction on Infection Prevention Control... incl COVID-19, is informed by Office of PHO and set by Ministry of Health...B.C. health authorities are equally accountable to Ministry of Health..."

[Hmmm. But @adriandix says he defers to Bonnie, not other way around]

4/ Yeah, I still had questions.

Is there clear chain of professional responsibility, with PHO at top?

PHSA employs PHO, legally (see @bobmackin), so your Directors Liability insurance backstops PHO?

Can PHO override @WorkSafeBC? [as Justice Campbell rolls in his grave?]

5/ Oh. Not those pesky legal hot potato questions! And ... I'm punted to the Ministry of Health.

"...I reached out to a couple colleagues and appreciating your professional background and interest, I would connect directly with ... Ministry of Health legal team ..."

6/ Pfft. I'm not emailing generic address. Looked in BC Gov Directory (). Found this guy:

Christopher Bennett. Executive Director
Professional Regulation and Oversight Branch
Deputy Minister's Office  
Min of Health

(He's a teacher with an MBA 🤔) dir.gov.bc.ca

7/ So, I emailed this ED of Professional Reg & Oversight Branch:

1. Does PHO ‘sign off’ on IPAC guidance from BCCDC & PicNET BC?

2. What legal chain allows PHO to override Worksafe BC?

3. What legal basis lets PHO override PEng ethics and practice standards?

8/ Huh. I was told I needed a reply from legal group in Min of Health and was punted to ... Office of the Provincial Health Officer. Deputy PHO:

PHO has duty to ➡️advise ⬅️ e.g., on policies

[Someone who advises is not ultimately responsible? This seems contradictory.]

9/ 1st email from Deputy PHO, cont'd

"Section 53 is an override clause which provides that Part 5 applies “despite any provision of this or any other enactment” i.e.: Part applies despite other enactments..."

[So, an 'advisor' with power to override ANY OTHER LEGISLATION?]

10/ Okay, so during a Public Health Emergency, the Public Health Act grants Bonnie Henry the powers to override any other legislation.

But ... the Public Health Act says only the PHO can enact and end a Public Health Emergency?!

Uh, I still have questions.

11/ So, I replied to Deputy PHO

Until COVID-19 Public Health Emerg ends -> PHO is ultimately prof'ly & legally responsible for all COVID-19 related guidance, etc inc from BCCDC, Worksafe BC, P.Eng work, etc?

And, PHO is the only person who can end the Public Health Emergency?

12/ What the ...?!

Bonnie Henry is in charge; can override Worksafe BC, OH&S Reg, Eng & Geo Act, EGBC Code of Ethics during a PH Emerg; but ask judge if she's actually responsible. [?!]

And, yes, only PHO can end the PH Emerg that gives her all those powers.

[My head hurts.]

13/ I'm concerned by info so far. As noted, I was taught not even King himself could direct a P.Eng to abandon ethics or, you know, look the other way & pretend not to see the new technical guidance.

So, off to Superintendent of Professional Governance.
professionalgovernancebc.ca

14/ Oh, oops. Before I went to the Superintendent of Professional Governance, I had one more question for Deputy PHO.

Q: What metrics (and targets for those metrics) will inform PHO's decision to end Public Health Emergency?

A: Vibes. Bonnie's vibes.

15/ Back to the Superintendent of Professional Governance.

Okay, so some background on the BC Professional Governance Act, Engineers & Geoscientists Regulation, and EGBC role is in the thread here.

16/ I forwarded chain so far to Superintendent of Prof'l Gov.

I asked her to please confirm Deputy PHO is correct e.g., PHO may direct Worksafe BC, a licensed Engineering Firm, to ignore CSA standards for respiratory protection; to ignore current ASHRAE IAQ guidance, etc.

17/ "I am unable to help you understand the legislation I am tasked with administering." (to paraphrase)

[Aside - in engineering school, we used to call job rejection letters 'FOADs' f**k off and die letters. This feels like a FOAD?]

18/ One more try.

"I must admit that I am confused. You must understand the Professional Governance Act and Engineers & Geoscientists Regulation you are tasked with administering. Are you not allowed to help a member of the British Columbia public understand the legislation?"

19/ Well. NOW they send out a lawyer.

Who ... claims not to know (or want to know) if the Public Health Act can override the Professional Governance Act (and Eng & Geo Reg and EGBC Codes). Which ... seems implausible?

And, I'm advised to retain my own legal counsel
🤣😬😭

20/ So that's it.

Apparently, Bonnie Henry can grant herself powers to override WorksafeBC, EGBC, etc. ONLY Bonnie Henry can take away those powers. But those powers do not clearly come with professional / legal responsibility.

21/ In the debate between malevolence and incompetence, I conclude it's both.

Bonnie Henry & whole public health / IPAC gang KNEW #COVIDisAirborne. Put egos 1st, lives last. Malevolence. (👇)

But, supported by lots of incompetence (esp as cowardice)

22/ So, I'm back full circle in the "We follow Bonnie who is all powerful but not professionally or legally responsible and we don't know who it but it's not us" spider-man meme.

This is literally a deadly mess.

I don't know where to go next.

Thanks for reading to the end 🙏

23/ P.S. If anyone wants to read the whole chain of correspondence from beginning to end, I sorted it chronologically and made a PDF:

drive.google.com/file/d/1Fq4k98…

24/ Related discussion on possible bad faith actions of PHO

25/ More discussion around limitations of BC's pandemic legislation limiting PHO and government liability. It's not a license to ignore other laws or act in bad faith (e.g., by obviously ignoring SARS1 commission recommendations?)

26/ Finally found the @jmcrookston post I was looking for.

There is no protection from liability for bad faith actions. I think that's regardless of whether a Public Hlth Emerg is in place or not.

27/ @threadreaderapp please unroll!