If you’ve been following #ReadyForMyShot from the beginning you may recall that we submitted a complaint to the BC Human Rights Tribunal on March 21, 2021.
A year later we have news to share. Settle in, it is going to be a long one. /1
A year later we have news to share. Settle in, it is going to be a long one. /1
Our complaint was that the government prioritized service industry workers at BC ski hills over individuals with Down syndrome (Ds).
People with Ds had been proven to be high-risk for bad COVID outcomes, but were not prioritized for shots. This is discrimination./2
People with Ds had been proven to be high-risk for bad COVID outcomes, but were not prioritized for shots. This is discrimination./2
After some pushback (From us? Who knows - we never got responses to emails, media spots + letters) the gov’t finally amended the vaccine eligibility to include those with Down syndrome.
A full 6 weeks after ski hill workers got their shots. Hence our complaint. /3
A full 6 weeks after ski hill workers got their shots. Hence our complaint. /3
Months pass...
We followed up and the Tribunal told us they were busy. So we waited. /4
We followed up and the Tribunal told us they were busy. So we waited. /4
Nine months later, the gov’t legal team sent us a dense, 9 page response. In it they refuted almost every point in our complaint.
And introduced easily verifiable falsehoods such as ‘Vaccines were available to individuals with Down syndrome age 16+ on a universal basis’. /5
And introduced easily verifiable falsehoods such as ‘Vaccines were available to individuals with Down syndrome age 16+ on a universal basis’. /5
It was apparent what was going on here:
The legal team of the multi-billion dollar government department was going to fight this complaint, using whatever resources were required.
We do not have billion of dollars. We are a mom + dad working from our kitchen table. /6
The legal team of the multi-billion dollar government department was going to fight this complaint, using whatever resources were required.
We do not have billion of dollars. We are a mom + dad working from our kitchen table. /6
The mediator reached out to us. Would we like a pre-mediation meeting to go over the process? Sure, we said.
Note: The mediator is a contractor employed by the government. /7
Note: The mediator is a contractor employed by the government. /7
Here's a shocker! There's more inequity!
The mediator, like the legal team that wrote the 9 page response, is being well paid for her time.
As was the government health expert who would attend the mediation. /8
The mediator, like the legal team that wrote the 9 page response, is being well paid for her time.
As was the government health expert who would attend the mediation. /8
WE aren’t being paid. In fact, time off work + caregiving would be required to prepare for + attend the mediation.
We asked: would the BC HR Tribunal be able to support us? (It would take thousands of dollars for a retainer to get a lawyer).
The answer? No. /9
We asked: would the BC HR Tribunal be able to support us? (It would take thousands of dollars for a retainer to get a lawyer).
The answer? No. /9
Even if we did have the money, there's the financial inequity + then there's this.
On item 26 in the response the government sent to us said:
‘Any order from the Tribunal that the Province change its prioritization policy… is academic and will have no effect.’ /10
On item 26 in the response the government sent to us said:
‘Any order from the Tribunal that the Province change its prioritization policy… is academic and will have no effect.’ /10
In other words, if we had the thousands of dollars to hire experts, if we took the time off work to pursue the matter, and if we actually won – the government WOULD NOT CHANGE THE POLICY. /11
Well, we might just be regular people, but we can spot a losing case + this was obviously a losing case.
The fix is in, folks. We knew that. But we REALLY know that now.
Anyway, we thanked the mediator for her time and cancelled the complaint. /12
The fix is in, folks. We knew that. But we REALLY know that now.
Anyway, we thanked the mediator for her time and cancelled the complaint. /12
In summary:
1. Regular people should not use the BC Human Rights Complaint process unless they have money + time to fight a legal team that has virtually unlimited resources.
2. The gov’t legal team will put false statements in legal submissions. /13
1. Regular people should not use the BC Human Rights Complaint process unless they have money + time to fight a legal team that has virtually unlimited resources.
2. The gov’t legal team will put false statements in legal submissions. /13
3. The gov't policy will not change because of a successful complaint.
4. The inequities in the process are many: power imbalances, wild financial disparity between parties, perceived conflicts of interest.
5. The process is designed to serve the powerful, not the people. /14
4. The inequities in the process are many: power imbalances, wild financial disparity between parties, perceived conflicts of interest.
5. The process is designed to serve the powerful, not the people. /14
Admittedly, we were naive when we submitted this complaint. We wanted to share our learnings with you. Thank you for reading this long thread.
As they say in the movie 'Don't Look Up:'
We are grateful we tried. /FIN
As they say in the movie 'Don't Look Up:'
We are grateful we tried. /FIN
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