A Canadian labour board ruled last month that the National Research Council (NRC) has violated the religious freedoms of two Christian public servants by denying their requests for religious exemptions from the federal Covid-19 vaccine mandate.
The Federal Public Sector Labour Relations and Employment Board found that the NRC’s refusal constituted “significant interference” with the employees’ Charter rights to freedom of religion.
The case involved two employees who objected to the vaccine due to the use of fetal cell lines in its development, which conflicted with their religious beliefs. The NRC dismissed their exemption requests in 2022, citing insufficient evidence of sincerely held beliefs and arguing that accommodating them would cause undue hardship in the workplace. The employees, one a meteorologist and the other an IT analyst, were placed on unpaid leave after refusing vaccination, as required by the Treasury Board’s 2021 mandate for federal employees.
Arbitration has overturned the NRC’s decision, ordering the employees’ be reinstated with back pay and compensation for lost benefits, while also determining that the NRC failed to prove undue hardship and that its process for assessing religious exemptions was inadequate, as it demanded objective proof of religious beliefs, contrary to legal standards.
The ruling emphasized that sincerity of belief, not the validity of the religious objection, is the key criterion under the Canadian Human Rights Act.
In her decision, Adjudicator Patricia Harewood determined, “Being placed on leave without pay because of a sincerely held religious belief interferes with the freedom of religion in a way that is more than trivial or insubstantial”.
The decision highlighted that the employees’ objections were rooted in their religious opposition to abortion, linked to the use of fetal cell lines in vaccine production.
Despite the NRC’s claim that accommodation would disrupt workplace safety, the ruling found no evidence that unvaccinated workers posed a significant risk, especially since one employee worked remotely and the other had limited in-person contact.
This ruling is part of a broader wave of over 350 similar grievances before the board, challenging federal vaccine mandates. It underscores ongoing tensions between public health policies and individual religious rights, with implications for how employers must balance accommodation and workplace safety.
While most federal employees who’ve chosen to fight for their Charter rights against these far-reaching Covid-19 mandates have not seen success, through their unions or within our justice system, this is a decision worth celebrating.
We sincerely hope to see much more of this with the remaining 350+ cases still before the board.
The rights of Canadians should not be left to the whims of politicians or the political allegiances of our judiciary. Thank you to all who have stood strong for what they know to be true and just.
To read the Epoch Times article written by Matthew Horwood, click here
