The Ontario Civil Liberties Association (OCLA) Executive Director Joseph Hickey has been granted leave to appeal an earlier decision preventing him from arguing the constitutionality of classifying an employee’s refusal of the Covid vaccine as “misconduct”.

Hickey was employed as a Data Scientist for the Bank of Canada during Covid and was placed on leave without pay in November of 2021, alongside many employees of federally regulated agencies who also chose not to comply with federal vaccination mandates.

Hickey also applied for Employment Insurance (EI) and was denied on the grounds that his refusal to comply constituted “misconduct”, as defined by the Employment Insurance Act.

Misconduct is a deliberate act of wilful disregard of an employer’s interests by the employee, making continued employment untenable.

Hickey first raised his concerns with the Social Security Tribunal of Canada (SST) after being denied benefits, arguing that the “misconduct” provisions of the EI Act (and their application) were unconstitutionally vague. He believes that ‘refusing a dangerous medical intervention cannot be interpreted as “misconduct” justifying depriving a citizen of government assistance or service.’

Hickey submitted a request for leave to appeal both of the SST’s decisions; their April 7, 2023, refusal to grant EI benefits and their November 23, 2023, decision not to hear his claim regarding the unconstitutionality of labelling his actions as misconduct. On April 30, 2024, he was granted leave to appeal the April 7th decision (not to hear his constitutional claim) but SST has yet to decide whether to grant leave to appeal the November 23 decision.

Section 7 of our Charter of Rights and Freedoms governs an individual’s right to life, liberty and security of the person, including the right to refuse medical treatment, without coercion or prejudice.

We have learned a lot in the past few years. Namely, that our government will go to any lengths to trample the rights and freedoms of Canadians.

When they try again, and they will, we need to stand united in the preservation of our Charter. Will you be ready?

Click here to read the Ontario Civil Liberties Association article