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 In April 2023, the B.C. Government rescinded its COVID-19 vaccine mandate for public servants. BCPSEF members who filed the petition decided not to pursue judicial review of the repealed OIC 627/2021 lest the Court rule that this legal challenge of the mandate was moot, as has happened in other cases where government rescinded COVID-19 mandates prior to litigation (e.g., the federal government’s COVID-19 vaccine travel mandate).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

What 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!

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