The Public Service Alliance of Canada, the largest federal union, never challenged vaccine mandates in court because they “would have little chance of success,” it said. The comments came in a labour board hearing on the Alliance’s representation of members..“It determined a legal challenge would have little chance of success and that the most effective way to represent members would be on a case by case basis,” wrote the Public Sector Labour Relations and Employment Board. Most of the union’s 230,000 members were subject to a federal vaccine mandate imposed last November 15..“The Public Service Alliance stated it made a detailed in-depth review of the policy and that it took account of the case law and applicable legal principles,” wrote the Board. “It carried out an in-depth review of several available options to challenge the policy.”.“All those efforts led it to conclude that challenging the policy through a grievance or other legal mechanism stood little chance of success,” wrote the Board. “It was decided the best approach would be to handle files case by case.”.The comments came in a dispute in which a union member, a Québec parole officer, claimed lack of representation by the Alliance over her refusal to show proof of vaccination. The claim was dismissed. The mandate ended June 20..The Policy On Covid-19 Vaccination threatened federal employees with suspension and loss of pay for failing to show proof of COVID shots. The Public Service Alliance at the time said the policy must not be punitive..“If there are workers who are unable or unwilling to be vaccinated the government must temporarily reassign those employees to other duties where possible or allow for alternate work arrangements,” the union said in an August 17, 2021 statement..Individual employees filed numerous federal lawsuits challenging the vaccine mandate as unconstitutional. Rulings are pending..The Department of Health in a 1996 Canadian National Report On Immunization said it considered compulsory vaccination unconstitutional. “Unlike some countries, immunization is not mandatory in Canada,” said the report. “It cannot be made mandatory because of the Canadian Constitution.”.Then-Privacy Commissioner Daniel Therrien last December 9 told reporters his office was investigating whether the mandate breached the Privacy Act. “There is no question the disclosure of medical information including vaccine information is an exceptional measure,” said Therrien..Attorney General David Lametti on June 15 predicted federal judges will uphold the cabinet policy. “We are on solid legal footing,” Lametti told reporters. “That is the analysis that I do.”.“Has the government done the legal analysis that it knows will stand up in court?” asked a reporter. “I give my advice to cabinet so I’m not going to give it to you,” replied Lametti. “I’m not giving you a legal opinion. I give my legal opinions to cabinet.”.“I always believe that when we promulgate a law we’re on solid legal footing,” said Lametti. “That’s part of my job.”
