Lawsuit Over Vaccine Mandate for Air Travel Employees Moves Forward After Legal Challenge
The attorney general’s motion to strike a lawsuit filed by air travel employees suing Ottawa over its COVID-19-era vaccine mandate was dismissed by the Federal Court.
In a decision rendered on Feb. 7, Associate Judge Michael Crinson allowed the proposed lawsuit against the Canadian government and the minister of transport to go to class certification.
The plaintiffs involved in the lawsuit are airline pilot Gregory Hill, airline station attendant Brent Warren, and former flight attendant Tanya Lewis. Hill and Warren faced suspension for not complying with the mandate, while Lewis was suspended and later terminated.
They argue that the disciplinary actions taken by their employers, who were following Ottawa’s vaccine mandate for airlines, led to unjust breaches of collective agreements and violated the Charter right to freedom of association.
Ottawa had implemented a vaccine mandate for air travel and federally regulated sectors, including aviation, in the fall of 2021. However, the mandate was not renewed in June 2022.
The plaintiffs initially claimed liability based on negligence, privacy breach, interference with contractual relations, and various Charter breaches.
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The plaintiffs amended their claim to focus on inducement of breach of contract, misfeasance in public office, and violation of section 2(d) of the Charter on freedom of association.
“Such a significant narrowing of the issues will enhance the opportunity for the parties to resolve the proceeding,” Crinson wrote in his decision rejecting the government’s motion to strike, which was filed in spring 2024.
When examining the motion, Crinson had to determine the likelihood of success of the claim. He stated that the facts presented in the amended statement of claim demonstrate a sufficient “cause of action” regarding the allegations.
The plaintiffs’ statement of claim argues that the ministerial order imposing a vaccine mandate had improperly and unjustifiably introduced a new term and condition of employment outside of collective bargaining, thereby violating section 2(d).
They also claim that the defendants induced employers to breach contractual employment agreements.
Regarding the misfeasance claim, the plaintiffs argued that the minister of transport, then Omar Alghabra, “had no factual basis to justify the Order as a measure to prevent COVID-19 transmission.” They argue that vaccine product information does not claim to prevent transmission and that vaccines were mandated without long-term safety data.
The defendants have argued that the vaccine mandate was a fundamental policy decision, making them immune from tort liability as there was no bad faith involved.
They also informed the court that the lawsuit constitutes an abuse of process, suggesting that the plaintiffs, who are members of trade unions, should address the issue through the grievance process.
In response, Crinson noted that it is not “plain and obvious” that the defendants are immune from tort liability and clarified that the dispute does not involve employers as parties to the proceeding.
Transport Canada stated to The Epoch Times that they acknowledge the court’s decision. Spokesperson Sau Sau Liu mentioned, “The Government of Canada’s position is that the vaccination mandate was consistent with the Canadian Charter of Rights and Freedoms, as well as Canada’s human rights obligations.”
By the spring of 2022, the mandate had become increasingly challenging. Labour shortages and public health restrictions were causing significant delays and disruptions to air travel operations.
“The relevant authorities must urgently consider removing the last remaining travel-related COVID-19 restrictions and work with the industry on policies and processes that will allow passengers to pass through airports without undue delays,” Peter Cerda, vice president of the International Air Transport Association, stated at the time.
WestJet’s CEO Alexis von Hoensbroech also called for the end of the vaccine mandate. “As vaccines are not preventing the spread of the virus since [Omicron], there is no logic in maintaining it,” he stated on social media.
