Free to Fly Canada, an advocacy group for aviation employees, initiated a class action lawsuit against the Canadian federal government and the Minister of Transportation. They are challenging the mandatory COVID-19 vaccination policies enforced through Transport Canada’s Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19.

The lawsuit claims that these policies violated the rights of thousands of unvaccinated aviation workers by altering their employment contracts without consent, leading to suspensions, unpaid leave, terminations, or forced early retirements. The group argues that the government’s actions induced breaches of contractual agreements between employees and their employers, causing significant harm.

Representing the plaintiffs are Greg Hill, a veteran pilot suspended for not disclosing his vaccination status; Brent Warren, a station attendant also suspended; and Tanya Lewis, a former flight attendant terminated after refusing the vaccine mandate.

Free to Fly asserts that the policy, enacted in fall 2021 and lifted in June 2022, was coercive and lacked justification, especially given emerging evidence questioning vaccine efficacy in preventing transmission. The lawsuit seeks damages for affected employees and aims to prevent similar mandates in the future.

Hill emphasized the group’s commitment to justice, noting collaboration with other legal efforts, such as a WestJet employees’ lawsuit. The plaintiffs’ statement highlights the emotional and professional toll on aviation workers, with some facing career-ending consequences.

Recently, the government defendants had sought to have the case dismissed, entering a motion to strike the statement of claim in its entirety, prior to certification of the class action.

Judge Michael Crinson has released his decision; the motion to strike was dismissed, with significant consideration given to the plaintiffs arguments and their willingness to modify their statement of claim to abandon their claims of negligence, interference in contractual relations, breach of privacy and Charter violations relating to subsections 2 (a), 7 and 15. Judge Crinson clarified the intended purpose and legal applications of a motion to strike, and carefully outlined the considerations that impacted his decision.

“On this motion, I am satisfied that the currently pleaded facts in the amended statement of claim show more than a scintilla of a cause of action in respect of each of the grounds remaining after the concession by the plaintiffs.”

This is excellent news for all plaintiffs.

Barring further attempts by the defending government representatives in appealing this decision, the next step is the certification of the class action.

We are very pleased to see this case proceed. This is another important segment of the Canadian workforce that is fighting back against the unlawful and invasive Covid policies and mandates that wreaked havoc on their health, financial stability and restricted the Charter rights of Canadians.

We will continue to follow this case closely and urge you to support Free to Fly Canada in this momentous effort.

To read the progress on the Free 2 Fly website, click here