Federal Court Dismisses Legal Challenge of Elections Canada Employee Who Refused to Wear Mask at Work

A case arguing against mask mandates in the workplace due to COVID-19 has been dismissed by a federal judge.

Juzda, who has been an Elections Canada employee since 2018, raised concerns about safety after the office mask mandate was lifted in 2023 and employees were required to return to work.

Judge Duchesne deemed Juzda’s complaint “frivolous” and did not find it necessary to further investigate.

The judge noted that Juzda, as head of field programs at Elections Canada’s Gatineau headquarters, was fully vaccinated and in good health.

Related Stories

Juzda objected to the return-to-office policy established by Elections Canada, which required employees to work in the office one day a week post-pandemic. Despite the option to wear masks, it was not mandatory.

This prompted Juzda to file a refusal to work report citing Section 128.1 of the Canada Labour Code, allowing federal employees to refuse work deemed unsafe.

His report claimed that the lack of a mask mandate posed a hazard to him and his colleagues.

Following Juzda’s report, Elections Canada conducted its own investigation which found no evidence of danger justifying his refusal to work.

Despite the findings, Juzda continued to refuse office work until deemed safe.

His repeated refusal led to an investigation by Elections Canada’s Employee Workplace Committee, resulting in the dismissal of his claim.

The representative who issued the final report described Juzda’s claim as baseless and lacking legal merit.

Juzda challenged the decision, alleging lack of transparency and justification, but the judge upheld Elections Canada’s decision as reasonable.

Concluding the case with costs, the judge ruled in favor of Elections Canada, indicating no bias or unfairness in the decision.

Juzda is now responsible for covering Elections Canada’s $2,000 court costs.