For Immediate Release: November 29, 2023

VICTORIA – The BCPS Employees for Freedom Society (BCPSEF) is pleased to announce a class action lawsuit has been launched by representative plaintiff and BCPSEF member, Jason Baldwin, on behalf of all unionized employees of the B.C. Public Service over the Province of B.C.’s proof of COVID-19 vaccination mandate imposed on provincial government employees in November 2021. The plaintiff’s claim is against the Province of B.C. and British Columbia’s Provincial Health Officer, Dr. Bonnie Henry. 

The plaintiff has filed this action because the Province’s COVID-19 employee vaccine mandate, enacted by executive order of the provincial Cabinet, was contrary to public service employees’ Charter rights and violated their medical privacy and bodily autonomy. 

Although the action has been launched by one plaintiff, it is being brought on behalf of all unionized employees of the BC Public Service harmed by the Province’s vaccine mandate. As such, it has the potential to assert the rights of tens of thousands of unionized public servants in British Columbia.

The action claims the Public Health Officer committed the tort of misfeasance by:

• having no basis in fact to justify the information, data, and advice she provided and upon which the Province relied to develop its employee vaccination policy, and
• wilfully or recklessly ignored known potential risks of adverse events associated with the COVID-19 vaccination in providing advice to the Province.

The action further claims the Province violated employees’ rights under s.2d — freedom of association — of the Canadian Charter of Rights and Freedoms, and that forced disclosure of private medical information violated common law and statutory privacy rights. 

The plaintiff seeks compensation through an award for aggravated and punitive damages. The plaintiff has retained counsel Umar Sheikh of Sheikh Law to represent him in this matter.

• Read the plaintiff’s Notice of Civil Claim filed October 30, 2023 (PDF) 

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.