Legal Action

BCPSEF Legal Action Summary

Since October 2021, BCPS Employees for Freedom (BCPSEF) has led a campaign in defense of medical privacy and bodily autonomy on behalf of all public servants and our fellow British Columbians. This has involved raising awareness about the provincial government’s harmful proof of COVID-19 vaccination policy and undertaking a series of legal actions. From the Petition for Injunction and Judicial Review launched in 2021, to the class action lawsuit we are supporting now, our legal campaigns are 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!

BCPSEF is actively fundraising to support the costs of the legal process. We depend on donations to fund our efforts and are very grateful and sincerely thank everyone who gives any amount they can. 

Anyone can make a donation to BCPSEF to help support our Mission and any British Columbia resident may become a member.

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Current Actions

CLASS ACTION FOR UNIONIZED B.C. GOVERNMENT EMPLOYEES

BCPSEF Vice President Jason Baldwin is the representative plaintiff in a class action lawsuit filed in October 2023 on behalf of all unionized BC Public Service (BCPS) employees affected by the B.C. government’s 2021-2023 proof of COVID-19 vaccination mandate. This is currently BCPSEF’s major focus and we are supporting the class action by raising awareness and funds to help cover the costs of litigation.  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. 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.

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GENERAL INFO & FAQs

WRONGFUL DISMISSAL CLAIM FOR NON-UNIONIZED B.C. GOVERNMENT EMPLOYEES

BCPSEF is supporting a group wrongful dismissal claim for 14 terminated, non-unionized (excluded) former BCPS employees. These employees were among over 300 terminated by the B.C. government for not disclosing their vaccination status or declining the COVID-19 vaccination. Many worked remotely from home and had no contact with the public or their colleagues, but the government terminated them regardless to enforce its policy and set an example. It is expected that the discovery and trial processes of this litigation will shed light on the misfeasance of senior government officials in implementing the mandate.

  • Present:The plaintiffs have submitted their discovery documents and await the defendants’ response.
  • 2024-08-14: Amended Notice of Civil Claim filed in B.C. Supreme Court and served on defendant.
  • 2024-03-11: Notice of Civil Claim filed in B.C. Supreme Court.
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    HUMAN RIGHTS COMPLAINT

    BCPSEF has supported a human rights claim filed by a member concerning religious exemption denial with the B.C. Human Rights Tribunal. The basis for the challenge is how the B.C. Government evaluated sincere religious beliefs for employees who requested a religious exemption from the vaccine mandate.

    • Present: New mediation date pending.This matter is currently on hold per request of the member.
    • 2024-08-30: Mediation session scheduled for August 30 postponed due to the Attorney General’s submission of a request for deferral to the Human Rights Tribunal.
    • 2022-10-25: Human Rights Complaint filed on behalf of a member whose approved religious accommodation was not honoured by the provincial government. 
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    Past Actions

    In B.C., unionized workers who have a complaint with their employer must be represented by their union. Under the B.C. Labour Relations Code Section 12, if a unionized employee feels their union has represented them in a way that is arbitrary, discriminatory or in bad faith, they may file what is called a Section 12 Failure to Represent complaint with the B.C. Labour Relations Board (LRB). 

    Despite repeated efforts by provincial government employees to have their union representatives challenge the BC Public Service proof of COVID-19 vaccination mandate, the BC General Employees’ Union (BCGEU) failed to represent its members. BCGEU members were never consulted on this change to their collective agreement nor did they agree to it. Rather, the BCGEU sided with the employer and allowed the punitive treatment of employees, including termination for cause with no severance pay or access to employment insurance. BCPSEF responded by supporting Jason Baldwin, a terminated BCPS employee and BCGEU member who filed a Section 12 complaint.

    • 2024-02-11: BCPSEF members vote to discontinue pursuing the complaint and not seek judicial review of the Labour Relations Board’s decision due to mounting costs of litigation the Society cannot afford. Some individuals are continuing to pursue their Section 12 complaints on their own.
    • 2023-12-19: Labour Relations Board denies Baldwin reconsideration request.
    • 2023-10-06: Parsons request for Labour Relations Board reconsideration.
    • 2023-09-23: Labour Relations Board turns down Parsons complaint.
    • 2023-08-22: Baldwin request for Labour Relations Board reconsideration.
    • 2023-08-21: Labour Relations Board request for additional documentation re: Parsons complaint.
    • 2023-08-09: Labour Relations Board turns down Baldwin complaint.
    • 2023-03-06: Section 12 Failure to Represent Claim for Josie Parsons filed against BCGEU with BC Labour Relations Board.
    • 2023-02-08: Section 12 Failure to Represent Claim for Jason Baldwin filed against the BC General Employees Union (BCGEU) with BC Labour Relations Board (LRB).

    In February 2022, BCPS Employees for Freedom Society filed a petition in the B.C. Supreme Court concerning implementation of the Government of British Columbia’s proof of COVID-19 vaccination mandate for provincial employees. The petition was for interlocutory injunction to pause the firing of BC Public Service (BCPS) employees pending judicial review of the government’s Order in Council (OIC) 627/2021, which enacted Human Resources Policy 25 and the COVID-19 Vaccination Regulation under the Public Service Act. These measures required all public servants to provide proof of COVID-19 vaccination or face workplace punishment, including leave without pay, denial of Employment Insurance benefits, and termination (being fired) for cause without severance pay. The petition for injunction was heard in March 2022 but was not successful.

    The judicial review of the government’s vaccine mandate policy was to be heard in July 2023 but was adjourned. In April 2023, the B.C. Government rescinded its COVID-19 vaccine mandate for public servants. BCPSEF members who filed the petition decided not to pursue judicial review of the repealed OIC 627/2021 lest the Court rule that this legal challenge of the mandate was moot, as has happened in other cases where government rescinded COVID-19 mandates prior to litigation (e.g., the federal government’s COVID-19 vaccine travel mandate).

    Instead, BCPSEF opted to support other legal actions to seek accountability for the harms government caused its employees and for the B.C. General Employees Union’s (BCGEU) failure to represent of its members.

      BCPSEF is actively fundraising to support the costs of the legal process. We depend on donations to fund our efforts and are very grateful and sincerely thank everyone who gives any amount they can. 

      Anyone can make a donation to BCPSEF to help support our Mission and any British Columbia resident may become a member.

      MAKE A DONATION
      BECOME A MEMBER

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