More than six years after the pandemic we are still addressing the many Charter violations and overreaching mandates.

In this case, a decision from the Federal Public Sector Labour Relations and Employment Board has ruled that the Canada Revenue Agency (CRA) discriminated against an employee over its vaccine mandate.

Adjudicator Brian Russell found that the CRA violated both its collective agreement and the Canadian Human Rights Act when it suspended Ottawa manager Steven Porter without pay after denying his request for a religious exemption.

Mr. Porter, an evangelical Christian and active church member since 1999, was mandated to take the Covid-19 vaccine to remain at work.

Mr. Porter’s sincere beliefs, rooted in his Christian faith, prevented him from accepting the vaccine due to the use of fetal cell lines in development and testing. He told the CRA that his faith compelled him to “protect and honour” all stages of human life, stating he would have to “stand before God to give an account” of his actions.

Mr. Russell determined that Stephen Porter met the legal test established by the Supreme Court of Canada in their 2004 Syndicat Northcrest v. Amselem decision, requiring the assessment of the sincerity of a person’s belief, rather than its doctrinal validity. “I concluded the employer violated the collective agreement and the Canadian Human Rights Act,” Russell wrote. “He (Porter) met the burden.” He also ordered compensation of $5,000 for damages.

This ruling reminds us that freedom of religion, guaranteed under section 2(a) of the Charter of Rights and Freedoms and reinforced by the Canadian Human Rights Act, cannot be overridden by workplace policies, even in a public health crises.

The collective agreement also prohibits disciplinary action based on religious beliefs. By recognizing Mr. Porter’s deeply held convictions, this decision reinforces the knowledge that human rights demand genuine accommodation of conscience, not lip service.

Decisions like this protect the dignity of every Canadian who lives according to their faith, further ensuring the Charter’s promise of liberty remains meaningful for all.

To read the decision from the Federal Public Sector Labour Relations and Employment Board, click here