lenapatsa Profile picture
Jan 23 26 tweets 10 min read
[LONG THREAD] I am filing a Class Complaint with the British Columbia Human Rights Tribunal against @Fraserhealth, as a response to their ban of N95 respirators by hospital patients & visitors. Keep reading to learn how u can contribute and/or help end this egregious tactic. 1/21
The process of filing a Class Complaint is not v. complex + it is free to all British Columbians. I identify as a member of the class of individuals who I am representing in this claim, being a Vancouver resident who is high-risk of severe COVID-19 if infected with SARS_CoV-2. /2
It involves filing in a 23-page form + submitting it to the Tribunal for review. I will walk you through the more salient points w/ this thread. This thread serves 2 main purposes: Publicly notifying class members of this complaint + soliciting public commentary + suggestions. 3/
In addition, it serves to illustrate how simple the process is + to serve as an example to anyone wishing to follow suit, w/ e.g. additional complaints, targeting other aspects of this 💩show that has BC's (+ arguably ON's) (lack of) response to this pandemic. 4/
The form can be accessed online or in PDF form on the Tribunal's website: bchrt.bc.ca/complaint-proc….
It consists of 3 parts: 1. Contact info + suitability of representative; 2. Suitability of class complaint, grounds for + details of discrimination; 3. Time limits + remedies. 5/
Suitability of Representative. As a class member, I have decided to act as class representative in submitting this complaint. Part 1, Step 2, §3 explains why I am filing this complaint. 6/
Part 1, Step 2, §8 informs the Tribunal that I have notified class members of this complaint. This is me doing so.
[!] Please help by retweeting and/or distributing this to everyone u believe is a member of this class + thereby affected by this policy. 6/
Public posts on Twitter (+ FB) is also how I intent to keep class members appraised of any developments re: the complaint progress/process.
[!] Please tag any class representative organizations or local patient advocacy groups that you think should know about this complaint. 7/
Part 1, Step 3, §1 describes the class I am representing in this complaint: High-risk individuals in need of healthcare who are forced to remove their N95 respirators in order to access healthcare in a hospital run by @Fraserhealth. Or denied care if they are unable to comply. 8/
Part 1, Step 3, §2 explains why this discrimination concerns all members of the class (as opposed to e.g. a single individual). Our common issue is that this @Fraserhealth policy is forcing us to risk severe disease or death (if infected) in order to access healthcare. 9/
In Part 2, Step 1, I am identifying the Responder as the Ex. Dir. for Infection Prevention + Control @Fraserhealth. According to @SrushtiGangdev's article in @BurnabyBeacon, the memo sent to staff re: the N95 ban included "guidance" from her. 10/
If you know of a more suitable person who should be identified as the Responder in this complaint, please let me know. Also, if you have documentation of similar directives given to @VHC staff, please share. If they employ similar tactics, they can be named as Responder #2. /11
In Part 2, Part A, I am identifying the area of discrimination as "Services", as refusal to comply with this policy by @Fraserhealth can result in being refused access to healthcare. This is important, as patients in Canada have the following rights, protected by law.../12
[Canada Health Act:]
— Receive appropriate and timely care
— Be treated with dignity and respect
— Receive health services *without discrimination*
FYI: Failing to accommodate for physical disability, age or health status is in fact *discrimination*. /13
canada.ca/content/dam/hc…
Part 2, Step 3, §1 describes in brief the harm experienced by class members, while Part 2, Step 3, §2 explains why/how this harm relates to *physical disability*, i.e. the basis of this complaint. Nothing new, only re-iterating + clarifying what I stated in previous sections. /14
In Part 2, Step 3 (Details of Discrimination), I am listing the first time I was aware such discrimination is taking place. As I have not seen the memo itself, I used the publication date of @SrushtiGangdev's article in @BurnabyBeacon. /15
If you know of an earlier occurrence of this discrimination (or if you or a loved one has been personally subjected to it) please let me know. I will update the form to reflect what you share with me. /16
Step 4, Part A is straightforward. §1 lists the most recent conduct that I am aware of (please let me know if you've been denied access to healthcare or if you have been forced to comply to this policy despite fearing for your life and health-your experience is important). /16
Step 4, Part A §5 defines 'event' as every instance a high-risk individual was either denied access or was forced to comply, despite their individual high-risk of developing severe COVID-19 if infected. /17
Finally, Part 2, Step 6 lists the remedies I'm seeking for the class: Specifically, if @Fraserhealth insists on this policy, they must provide replacement respirators of *equal or higher efficiency* to any class members in need of access that they force to remove their N95. /17
And here we are. I hate that I feel obliged to do this. I shouldn't have to. Wearing an N95 in congregate settings, even one that is not fit-tested, can help curb transmission to + from the wearer, much more effectively than a medical mask. That is a FACT. /18
A policy based on the outdated/disproven droplet dogma that BC continues to cling to despite federal guidance + established scientific consensus: SARS-CoV-2 is airborne. But it is in line w/ everything else these folks, supposedly charged w/ protecting public health, r doing. /19
I doing this because I woke up today + realized I am overdue for bloodwork that I have not done because I cannot trust I am able to do so safely anymore. I am tired of waiting for people to do the right thing while the most vulnerable in our community suffer. This is not ok. /20
@bchrc: If u r able to comment or help, it would be appreciated. This concerns thousands of the most vulnerable in this Province.
To all: FYI, I'll be reposting widely + frequently over the few days, inviting input from all those concerned.
Thanks for reading. Stay safe. /21
Thank you to everyone who’s responded to this. It means a lot to know that others care about this issue.
I just wanted to take the opportunity to plug a link to my petition here. Same objective as the complaint, different avenue.
I’d appreciate it if u could sign + share.

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