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Tracy Casavant Oh, BASc (Chml), MES Profile picture
@OhCasavant
May 29, 2024 • 27 tweets • 10 min read • Read on X
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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." Dear Dr Byres: Hospital workers in patient contact roles are not currently mandated to wear N95 respirators, the appropriate PPE for a bioaerosol hazard such as COVID. The relevant national standard (CAN/CSA-Z94.4-18) requires N95 respirators be issued to, and worn by, all workers in healthcare environments where COVID may be present. Can you please 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 (which is only a program of PHSA, not a separate legal entity) each health authority (which do...
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] Thank you for reaching out. Within the province of British Columbia, direction on Infection Prevention Control Measures for viral respiratory illnesses, including COVID-19, is informed by the Office of Provincial Health Officer and set by the Ministry of Health. This direction is communicated to all public sector health organizations – including PHSA and the regional health authorities – via written policy communiqués, which PHSA makes publicly available on the BCCDC website. The most current version of the direction in question is available here<http://www.bccdc.ca/Health-Professionals-Sit...
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?] Thank you for your reply. I apologize if I seem obtuse. I'm coming at this as a retired P.Eng,, where it is required that a single professional be professionally responsible and legally liable for specific decisions. I've worked with government regulation for years, albeit not health-related. I assume there is also a clear chain of professional responsibility and liability for public health decisions? It sounds like PHO is that single professionally & legally responsible professional. And then, with PHSA as her legally responsible employer, backstopped by your Directors' Liability Insurance...
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 ..." Thank you for your follow up question about where to turn to for advice about legislation in B.C. and its intersection with public health orders. My apologies for my delayed reply; however, I reached out to a couple colleagues and appreciating your professional background and interest, I would connect directly with the Ministry of Health at hlth.health@gov.bc.ca<mailto:hlth.health@gov.bc.ca>. When you send your query, identify that you are looking for advice from the Ministry of Health legal team that can explain the Public Health Act and its authority over other legislation.
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.caImage
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? Further to my email chain below with Dr Byres, CEO of PHSA, I’m hoping you can help to untangle the professional and legal responsibility chart for communicable disease / infection prevention and control in BC. I’m hoping you are the correct person in the Ministry. I appreciate you passing this on to the correct person if you are not. 1. Does the PHO ‘sign off’ on communicable disease / infection prevention and control guidance from BC CDC and PicNET BC? (Note, neither of these are actual legal entities, but are simply programs run by PHSA.) • If so, can you point to the policy / regulatory...
2. Can you please help me understand the legal chain that allows the PHO to override Worksafe BC policies and legal requirements of the Occupational Health & Safety Regulation? (My understanding from Justice Campbell’s findings from the SARS1 Commission was that OH&S law should always trump public health law, so I’m curious how this is set up in BC.) 3. Can you please point me to the legal basis for the PHO overriding the ethics and practice standards of Professional Engineers and Licensed Engineering Firms as set out by the Professional Governance Act, Engineers & Geoscientists Regulation,...
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.] With respect to your question about role of the PHO and communicable disease / infection prevention and control guidance, the role of the PHO is described in the Public Health Act Section 66 (from Public Health Act <https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/08028_01#section66>), as one of monitoring and advising i.e. Duty to advise on provincial public health issues 66 (1) The provincial health officer must monitor the health of the population of British Columbia and advise, in an independent manner, the minister and public officials (a) on public health issues, includ...
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?] With respect to powers of the PHO during the COVID-19 pandemic, I refer you to Part 5 — Emergency Powers of the Public Health Act. 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 53 During an emergency, this Part applies despite any provision of this or any other enactment, including (a) in respect of the collection, use or disclosure of personal information, the Freedom of Information and Protection of Privacy Act<https://www.bclaws.gov.bc.ca/civix/document/id/complete/stat...
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? Image
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.] With respect to your request to confirm that “…the BC PHO is ultimately professionally and legally responsible for any and all COVID-19 related guidance in the Province of BC…”, that is a question that would have to be addressed by legal counsel. Although I am certainly not a lawyer, I imagine the analysis would depend on the specifics of the guidance. I can confirm that the PHO is the one who decides when a public health emergency has passed and would do that through issuing a notice to that effect.
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. Image
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. Dear Superintendent of Professional Governance: Can you please confirm Deputy PHO Dr Emerson’s statements in the email chain below that during a Public Health Emergency (which only the PHO can legally start / end), the PHO has the legal right to override the Professional Governance Act, Engineers & Geoscientist Regulation, EGBC Codes of Ethics & Practice, and OH&S Regulation (which informs several areas of engineering practice e.g., construction and fire safety). For example, the PHO may • Determine that non-licensed professionals may practice building and related engineering, including det...
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?] Thank you for your e-mails dated April 16, 2024, and April 26, 2024, sent to the Office of the Superintendent of Professional Governance. I note that in your letter you specifically request confirmation on whether the Provincial Health Officer may override the Professional Governance Act and Engineers & Geoscientists Regulation as well as the Occupational Health & Safety Regulation. In my role as superintendent of professional governance, I am not able to provide legal advice and therefore cannot respond to your questions.
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?" Dear Ms Haines: Thank you for your reply. 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? If this is the case, to whom do you suggest I direct my inquiry?
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
🤣😬😭 Image
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.

Image
27/ @threadreaderapp please unroll!

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More from @OhCasavant

Tracy Casavant Oh, BASc (Chml), MES Profile picture
Sep 26, 2024
1/ Well, some #bced absence rate data was sent my way, and, even with some rough crunching, holy 💩!

❌hybrid immunity
❌schools are safe
❌kids were always this sick

Here's total fall (Sep-Dec 2022) absence rates compared to 2019. Image
2/ Let's look again. Remember, this is AFTER seroprevalence showed all the kids were infected with COVID. And AFTER the huge Omicron 1 wave that peaked early Jan 2022.

"We aren't seeing..." my 🫏.

Bonnie Henry, Adrian Dix, Rachna Singh knew how sick kids were.

#bced #bcpoli Image
3/ How many teachers off sick, how many parents off sick and/or caring for sick kids, how many grandparents sick, how many hospital visits correspond to 20% of #bced students absent from school?!

(Again - this is just Sep to Dec comparison. Jan probably worse. Data pending.) Image
Read 11 tweets
Tracy Casavant Oh, BASc (Chml), MES Profile picture
Sep 5, 2024
1/ DYK that under the BC Workers' Compensation Act (under which the BC Occupational Health & Safety Reg falls), government workplaces like hospitals or schools are NOT EXEMPT from @WorkSafeBC regulations?

Workers Compensation Act ()
gov.bc.ca
bclaws.gov.bc.ca/civix/document…
Image
2/ DYK that @WorksafeBC is hard-wired in legislation to require an Engineering Firm Permit to Practice, and so is bound to follow @EngGeoBC Code of Ethics:

3/ DYK that in those #bcpoli workplaces that @WorkSafeBC is legally bound to protect & to hold their health & safety paramount by @EngGeoBC Code of Ethics, that THOUSANDS of healthcare & education workers were injured via infection w/RG3 biological agent

worksafebc.com/en/covid-19/cl…
Image
Read 15 tweets
Tracy Casavant Oh, BASc (Chml), MES Profile picture
Sep 3, 2024
1/ NEW! Guidance for HVAC Systems in BC Schools
Aug 9, 2024


Actually references @ashraenews 241 🧐

#bced #bcpoli #COVIDisAirborne www2.gov.bc.ca/assets/gov/edu…
Image
2/ 2.1.2.3 ASHRAE Standard 241-2023 “Control of Infectious Aerosols”. ...requirements of how ventilation systems will need to operate during any future “Infection Risk Management Mode” (“IRMM”)". As @joeyfox85 noted, it should be ALWAYS: itsairborne.com/ashrae-241-alw…
2.1.2.3 ASHRAE Standard 241-2023 “Control of Infectious Aerosols”. This is a new standard, issued in 2023, with requirements of how ventilation systems will need to operate during any future “Infection Risk Management Mode” (“IRMM”), although the standard indicates it, in itself does not define when IRMM is initiated. Page 8 of 24 It is assumed one or more of public health authorities or other regulatory bodies will determine an appropriate time when IRMM is required. An example would be another occurrence of a public health emergency similar to the SARS-CoV-2 pandemic.
3/ We should be demanding Building Readiness Plans from each district for each school. And, of course, @joeyfox85 is ahead of the curve: itsairborne.com/transparency-b…
Read 19 tweets
Tracy Casavant Oh, BASc (Chml), MES Profile picture
May 8, 2024
1/ Is this sufficient evidence of willful negligence? Were healthcare workers in BC, across Canada, around the world?

A chronological walk through some evidence.

Feb 2020
Unions request airborne protection.
@govcanhealth & IPAC /ID gang say not needed.


Image
2/ Mar 2020.

Health Services Association of BC union (@hsabc) presents report from
Dr. John H. Murphy
BSc MHSc MBA PhD ROH CIH (🔥)
Principal - REA Group
Adjunct Professor - Occupational & Environmental Health, University of Toronto DLSPH

hsabc.org/sites/default/…
The first page of the linked report, showing the date as Mar 19, 2020. It was addressed to President of HSABC.
3/ The Mar 2020 Murphy report is very detailed. Dr Murphy 'knows his stuff' re: aerosol transmission and the implications for HCW and patient safety, even this early in the pandemic.

It's a great read:


Dr Henry said no to @hsabc request. hsabc.org/sites/default/…
First two paragraphs from the linked report from the section titled The "Controversy" Over Aerosol Transmission
Read 21 tweets
Tracy Casavant Oh, BASc (Chml), MES Profile picture
Apr 7, 2024
🧵 Is there hybrid immunity for measles like for COVID? If so, should that be a public health goal?

Answer from Dr Mansour Haeryfur, President, Canadian Society for Immunology

*Replying in a personal capacity, not on behalf of CSI or UWO From: Mansour Haeryfar <mansour.haeryfar@schulich.uwo.c a> Sent: Saturday, March 9, 2024 7:09:20 AM To: tracycasavant@gmail.com <tracycasavant@gmail.com> Cc: Prabhjot Kaur Sohal <psohal5@uwo.ca>; Cynthia Fazio <cynthia.fazio@uwo.ca>; April Kemick <akemick@uwo.ca> Subject: RE: CSI position on Measles Hybrid Immunity This reflects my perspective and is not an articulation of official Westen University policy (or that of the Canadian Society for Immunology) on issues being addressed.
b. Measles & COVID hybrid immunity

"The goal for measles should be herd (population) immunity through vaccination, not breakthrough infections for several reasons:" Image
c. Measles & COVID hybrid immunity

"With COVID19, we had no tangible choice but to rely on hybrid immunity..." 🧐😳

"...because mRNA vaccines have not been super-effective in “preventing infections". They were great at preventing/minimizing severe illness ..." 1. With COVID19, we had no tangible choice but to rely on hybrid immunity because mRNA vaccines have not been super-effective in “preventing infections". They were great at preventing/minimizing severe illness and they did indeed make a huge difference. This is why mucosal vaccines for COVID (similar to FluMist for flu) are being evaluated within and outside Canada.
Read 17 tweets
Tracy Casavant Oh, BASc (Chml), MES Profile picture
Apr 5, 2024
1/ So, I got curious about hybrid immunity, which seems to have been discovered only for SARS-CoV-2 (COVID).

I asked a bunch of experts - can we acquire measles hybrid immunity? If so, is that then a good public health goal?

🧵
2/ Text of my inquiry (1)

I understand that two doses of the measles vaccine are very effective; in fact, even one dose seems fairly protective. Nonetheless, the US CDC indicates about “3 out of 100 people with two doses of MMR vaccine will get measles if exposed to the virus”,
3/ Text of my inquiry (2)

...so non-zero odds ()cdc.gov/vaccines/vpd/m…
Read 10 tweets

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