Jason Baldwin, BCPSEF Vice President, 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. BCPSEF is supporting the class action by raising awareness and funds to help cover the costs of litigation.
This page explains what the lawsuit is and addresses frequently asked questions. It also explains how you can support the plaintiff’s legal action. Visit the Legal Action page for current status, updates and history.
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.
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
A class action is a lawsuit that applies to a group of people who have the same complaint against someone. It lets one person sue on behalf of many people for similar concerns of wrongdoing.
A common example is when one person sues a company for a defective product and the result applies to everyone who purchased the same product.
A member of the BCPSEF has launched the class action, not BCSPEF. The member is the representative plaintiff in the class action. BCPSEF is supporting the plaintiff because his action is undertaken on behalf of all unionized BCPS employees affected by the vaccine mandate.
This is the way a class action lawsuit works—someone serves as the representative plaintiff on behalf of a group of people affected by the same wrongdoing.
The plaintiff’s action applies to any unionized employee who was affected by the B.C. Public Service’s Human Resources Policy 25, and Order in Council No. 627/2021. Together, they required employees to be vaccinated, and disclose their vaccination status, to keep their jobs.
This includes unionized employees who:
- were put on leave without pay or fired because of the vaccine mandate
- retired early because of the vaccine mandate
- were put on leave without pay because of the vaccine mandate but eventually returned to work
- were on leave or STIIP (Short Term Illness & Injury Plan) when the vaccine mandate began
- were denied requested exemptions from the vaccine mandate
- had the vaccine mandate imposed on them to keep their jobs
- were affected by the vaccine mandate in other ways
If you weren’t employed directly by the Province and weren’t affected by Human Resources Policy 25 and Order in Council No. 627/2021, then this action doesn’t apply to you, however you can still show your support and make a donation (Choose impact area: Class Action for Unionized Provincial Employees).
BCGEU (BC General Employees Union) or PEA (Professional Employees Association) members are included.
If you are unsure, questions can be sent to legal@bcpsforfreedom.com
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 a $500,000 fundraising target. 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 $500,000 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.
A certification hearing has been scheduled for the Class Action for April 2025, so there is an urgency to financially support the plaintiff so he can show the court he has sufficient resources for the case.
If you show your financial 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
- the opportunity to participate in a collective effort to uphold and defend individual rights and freedoms through legal action
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. As of November 2024, certification hearing dates for the class action have been set for April 2025.
Visit the Legal Action page regularly and check your emails 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, we appreciate your support!! Please visit our Donate page to make a donation. Choose impact area: Class Action for Unionized Provincial Employees. You can also send an e-transfer to finance@bcpsforfreedom.com
Other questions? If you have other questions not answered here, contact us and we can include them in future versions of the FAQ.
Media inquiries concerning BCPSEF can be directed to media@bcpsforfreedom.com
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!
- Support the class action by making a recurring donation today
- Tell everyone you know about the class action and actively fundraise by asking for a general donation to support the plaintiff. – we have more supporters than we realize!
- Talk to current or former unionized colleagues about the class action – they may not be aware of it
- Hang the BCPSEF Class Action poster in your neighborhood and share on community boards, social media and via email
- Become a member of BCPSEF
- Subscribe to BCPSEF’s public newsletter
- Offer to help the BCPSEF by volunteering your time
- Share BCPSEF’s news articles and social media posts with your networks
- Shop at Nature’s Fare Markets
- Shop online with FlipGive
- Return your empties to an Express Return It location to donate your refund to BCPSEF account #123-123-1233