Lawsuit against Ottawa’s COVID-19 vaccination mandate moves forward

A Federal Court of Canada judge has refused to dismiss all claims in a proposed class action by federal employees who said they were wrongfully punished for not taking the COVID-19 vaccine.

Justice Southcott’s decision dealt with a motion by the King (the federal government) to strike the entire Statement of Claim, which was brought by Stacey Helena Payne, John Harvey, and Lucas Diaz Molaro. 

The plaintiffs claim their right to freedom of association under the Canadian Charter of Rights and Freedoms was violated and alleged misfeasance in public office over the government’s vaccination policy for federal employees.

The court partially granted Ottawa’s motion, striking the portion of the suit that alleges misfeasance in public office. 

Justice Southcott said federal employees must normally use the Federal Public Sector Labour Relations Act (FPSLRA) grievance process. 

However, the court allowed the plaintiffs to amend their claim to apply to individuals lacking those grievance rights.

At the same time, the court declined to strike the Charter-based claims, finding it was not “plain and obvious” that the employee’s rights under the FPSLRA covered these issues. 

That means the Charter argument can still proceed. 

The government’s motion was granted in part and dismissed in part, with no costs awarded.

First Freedoms Foundation, who brought the class action suit, said this is a modest win for the plaintiffs.

Although only one aspect of the lawsuit survived, it set the stage for further legal battles.

Full decision: https://canlii.ca/t/k8jck