Jason Baldwin, a BCPSEF member, is the representative plaintiff in a class action lawsuit launched in October 2023 in the Supreme Court of British Columbia on behalf of all unionized BC Public Service (BCPS) employees affected by the BC Government’s 2021-2023 proof of COVID-19 vaccination mandate.

This page explains what the lawsuit is and how it’s proceeding through the court. It also explains how you can be part of it.

If you were affected and haven’t already, please consider Registering Your Support. 

Current status of the Class Action

November 2023

  • The Notice of Civil Claim was filed by the representative plaintiff October 30, 2023
  • The Court must decide if the plaintiff’s claim meets the requirements for a class action; if yes, it can proceed
  • BCPSEF announces its support of the claim on the BCPSEF website, and invites those affected to register their support of the plaintiff. Read the BCPSEF’s November 29, 2023 media release.
  • Print the BCPSEF Class Action flyer (PDF) and help us spread the news!

As we know more, we’ll add more information. Check back regularly for updates and ensure you are reading email communications and attending, or reading the minutes from Society member meetings.

    Why is BCPSEF supporting this action?

    The representative plaintiff is taking action on behalf of unionized provincial government employees affected by the Province’s vaccine mandate, so it is in BCPSEF’s best interest to support the plaintiff.

    The most important step in this legal battle is to ensure the class is certified. For that, the plaintiff must show the court he has the financial ability to fund the case. This is why BCPSEF is supporting this action and asking people to help raise funds for the plaintiff. 

    If the plaintiff can’t demonstrate the ability to cover these costs, the class action will not be certified, leaving thousands of affected employees affected by the mandates with no legal options for recourse.

    Background to the Class Action

    Frequently Asked Questions (FAQs)

    The action filed by the representative plaintiff only applies to unionized provincial employees affected by Human Resources Policy 25 and Order in Council No. 627/2021.

    For excluded employees, the BCPSEF and its members are taking other actions. Become a BCPSEF member to stay up to date with current happenings or check the Legal Action page regularly for updates.

    The plaintiff must show the court he has sufficient resources to proceed with the legal action. To support the plaintiff, BCPSEF has set itself an initial fundraising target of $150,000. After all, the plaintiff’s doing this on behalf of all unionized employees affected by the vaccine mandate, and if he’s successful, all unionized employees will benefit.

    We’re hoping that together, we can raise the funds the plaintiff needs to make this happen. While $150,000 is a lot of money, remember: thousands of unionized employees were affected by the vaccine mandate. If even a fraction of them interested and willing to donate, we can help raise the funds the plaintiff needs.

    Remember: Anyone can donate to BCPSEF to help us support the plaintiff—you don’t have to be a BCPSEF member or current or former provincial government employee to support the class action.

      To move the claim forward promptly and efficiently, it must be well funded. BCPSEF is asking for minimum donations of $325/person.

      We recognize this could be challenging for people who have lost their jobs, and do not want to discourage anyone who is challenged to donate at this time. Monthly payment options are available or you can make a general donation for the amount of your choice (impact area: Class Action for Unionized Provincial Employees). 

      Please contact us at admin@bcpsforfreedom.com if you are unable to donate but still want to sign up.

      There is currently no deadline but there is an urgency to support the plaintiff so he can show the court he has sufficient resources for the case.

      If you selected to register your support of the class action you will:

      • receive important updates and communications specific to the class action
      • a subscription to BCPSEF’s public communications and newsletter

      BCPSEF Society Membership: To receive additional privileged information about other legal actions, receive invitations to member meetings, webinars and more,  we welcome you to join us as a BCPSEF society member whether you are a public servant, former public servant or member of the general public.

      Legal processes are complex and time consuming. There are many steps in the process from filing the civil claim to receiving certification as a class action. It could take many months—perhaps up to a year or more—to find out if this is even accepted as a class action.

      Then there’s more to do after that. Please visit this page regularly for updates on the process.

      The plaintiff’s Notice of Civil Claim asks for “an award of aggravated and punitive damages.” This means a financial payment to compensate for the hardship unionized employees experienced due to the vaccine mandate. 

      Typically in a class action, damages are awarded based on how much harm someone suffered. It’s too early to say what this might be, but if this proceeds, the intent would be to seek damages equivalent to the harms the plaintiff and all unionized employees have suffered.

      No.

      Additionally, BCPSEF will not share your information with anyone if you show your support. Your name and any information about you will be confidential.

      Legal counsel for this action is Umar Sheikh, of Sheikh Law. For more information, please visit: sheikhlaw.ca

      Yes.

      • United Health care Workers of BC is supporting two plaintiffs on behalf of any unionized health care worker who was employed at the time of and affected by the Acute Care PHO Order issued on Oct 14th 2021, or the Residential Care order issued on October 8th 2021. Learn more and show your support here: https://unitedtogether.ca/
      • BC Paramedics United is bringing a Notice of Civil Claim against the BC Medical Health Officer for inciting our dismissal from employment with no clear proven scientific evidence. Learn more and show your support here: https://bcpu.ca/

      This is a very good question that we encourage all BCGEU and PEA members to direct to their union representatives. BCPSEF has supported a number of union members in filing grievances and Section 12 Labour Relation Boards complaints against the BCGEU for failing to represent its members.

      At the end of the day, union leaders who receive millions of dollars in employees’ dues every year to represent them sided instead with the Government of B.C. over its unconstitutional COVID-19 vaccine mandate.

      Thank you! Please visit our Donate page to make a donation. Choose impact area: Class Action for Unionized Provincial Employees. We appreciate your support!

      Other questions? If you have other questions not answered here, please send them to admin@bcpsforfreedom.com and we can include them in future versions of the FAQ.

      What else can I do to help?

      Our legal campaign is a critical, precedent-setting fight to ensure the preservation of all workers’ employment and Charter rights in British Columbia and Canada for generations to come. 

      We appreciate your support!

      Consider making a general donation towards this Action to help raise funds to support the plaintiff.