Responding to FHA's Request for Particulars
The FHA has requested specific clarifications on my human rights complaint about the N95 mask policy. Our response includes a proposed amendment to ensure comprehensive representation of all affected individuals, focusing on a factual and clear presentation of our case to the Tribunal.
Dr. Lena Patsa
11/17/20232 min read
The Fraser Health Authority has requested additional information to understand the complaint's specifics better.
My class complaint, initially filed on January 26, 2022, challenges the FHA's policy, which I allege discriminates against high-risk individuals by prohibiting the use of N95 respirators in hospitals. Following the Tribunal's screening letter and the subsequent Notice of Complaint Proceeding, the FHA has sought particulars to address these allegations accurately.
As a response, we have filed a Form 3 Amendment. This amendment aims to refine the class definition, introduce subclasses, add grounds of discrimination, and articulate my role as the representative complainant more clearly. These steps are taken to ensure that the complaint encompasses all those affected by the policy in question.
The FHA's application for further particulars includes inquiries about my membership in the class, any disabilities, and the nature of such disabilities. They also seek to know whether I was advised against wearing an N95 mask at FHA facilities and details of the specific FHA policy challenged.
We have agreed to provide further particulars concerning the FHA policy at the heart of the complaint. We maintain, however, that the additional details sought by the FHA about my disability and experiences at FHA facilities are not necessary at this early stage of the proceedings.
In addition, we sought to amend the class scope to include specific subclasses related to Fraser Health Authority's (FHA) mask policy. Subclasses include individuals at high risk for severe COVID-19 who:
Need healthcare and access to a hospital within FHA's jurisdiction.
Choose to wear N95 respirators for protection.
Were asked to remove N95 respirators to access healthcare.
Were deterred from seeking care at FHA due to the policy.
Avoided FHA areas fearing emergency care would force them to remove their N95.
Adverse impacts include delayed medical care, exacerbated medical conditions, and significant lifestyle restrictions to avoid COVID-19 exposure. The class is defined to ensure clarity for the respondent, with common legal and factual issues cited. The complaint aims to represent vulnerable and marginalized individuals, including those with severe health conditions like cancer. As a subclass member and advocate, I intend to keep the class informed and engaged, offering opt-out options.
Our response to the application underlines the irrelevance of my personal disability to the class complaint's merits. The Tribunal has previously established that a representative need not be a class member, emphasizing that our case concerns the class's experiences with the FHA's mask policy.