British Columbia (Richa Walia)— The B.C. Supreme Court has dismissed the appeal of Dr. Theresa Szezepaniak, a physician whose hospital privileges were revoked after she refused the COVID-19 vaccine in 2021.
Dr. Szezepaniak, a long-serving hospitalist at Royal Inland Hospital in Kamloops, had challenged a 2023 ruling by the B.C. Hospital Appeal Board (HAB) that largely upheld Interior Health’s decision to suspend her privileges. The HAB had concluded that her refusal to comply with the provincial vaccine mandate amounted to neglect of her professional obligations.
In her appeal, Szezepaniak argued that the decision breached her rights under the Canadian Charter of Rights and Freedoms, particularly her right to life, liberty, and security of the person, citing the loss of income and forced relocation after she was unable to continue practicing. She maintained that the HAB was enforcing government legislation and that her Charter-protected rights were therefore engaged.
However, Justice Steven Wilson ruled that Interior Health’s actions were operational decisions, not governmental ones, and therefore outside the scope of the Charter. He further noted that even if the Charter applied, it does not guarantee the right to work in a specific job, and Szezepaniak’s situation was a consequence of her personal decision to decline the vaccine.
Szezepaniak’s contract was terminated on November 16, 2021, following a public health order from Provincial Health Officer Dr. Bonnie Henry requiring full vaccination for all hospital workers. Interior Health formally cancelled her hospital privileges in August 2022. While the HAB panel did not reinstate her privileges, it did find that they should have been suspended rather than cancelled outright until her next annual review.
The panel emphasized that her right to refuse vaccination was respected, but she was accountable for the consequences under provincial law. Szezepaniak, now practicing family medicine in 100 Mile House, described the decision as a “black mark” on her career, citing emotional and financial strain.
