A new class action lawsuit has been initiated by the federal Core Public Administration (CPA) to address the Covid-19 vaccination mandate for federal employees, implemented in October of 2021.

This lawsuit, filed in October of 2023, claims that the vaccination mandate imposed on the CPA (including the RCMP), violated their Charter rights and committed the tort of misfeasance in public office.

The claim clarifies that the policy violated their Charter rights of freedom of association by imposing a new condition of employment, in the absence of collective bargaining or other agreement, consideration, or consent.

Predictably, the federal government entered a motion to dismiss, stating the courts have “no jurisdiction in issues subject to grievance rights under the Federal Public Sector Labour Relations Act” and that these “pleadings disclosed no reasonable cause of action in relation on the tort of misfeasance in public office.

Their motion to dismiss was rejected on January 2nd 2024, by Justice Richard Southcott in Vancouver.

While Justice Southcott agreed with the jurisdictional argument, his decision went on to state that “it is not plain and obvious that the plaintiffs have grievance rights in relation to those claims.” He agreed with their second point, adding ‘the employees do have grievance rights, which makes that claim outside the court’s jurisdiction.’

The rejection of the government’s motion to dismiss is an excellent first step by Justice Southcott, however this class action is still in its early stages, awaiting certification at this point.

For clarity, this lawsuit is entirely separate from the federal employee lawsuit spearheaded by us at Police on Guard. It is a new effort addressing the unconstitutionality of the mandates, and we couldn’t be happier.

We are in full support of their efforts and will follow this case as it proceeds.