FPSLREB Decisions

The vaccine policy required vaccination against COVID-19, subject to accommodation on human rights grounds – the grievor requested accommodation based on his religious beliefs – the employer denied his request – he claimed discrimination on these four grounds, which he maintained were connected to his religion: (1) he was religiously required to follow his conscience, and therefore, it would have been against his religion to receive a vaccine if he did not want to; (2) he must treat his body as God’s temple of the Holy Spirit; (3) fetal cell lines were used in developing the COVID-19 vaccines; and (4) all vaccines violate his religion because they suggest that God is imperfect – the Board assessed the grievor’s claims in accordance with the Supreme Court of Canada’s decision in Syndicat Northcrest v. Amselem, 2004 SCC 47, as follows: (1) the individual has a practice or belief that has a nexus with religion, and (2) they are sincere in their belief – the Board dismissed the first ground because it was a conscientious objection to the COVID-19 vaccine that did not have the required nexus with religion – while the Board found that the other three grounds had a nexus with religion, it concluded that those claims were not sincere – the grievor presented no evidence to show that his reluctance to receive a COVID-19 vaccine was consistent with a comprehensive system of faith and worship in which he actively partook when he made his accommodation request – the Board also found that his grounds shifted considerably over time and were sometimes contradictory – finally, the Board noted that the grievor had received a COVID-19 vaccine – while that last point was not dispositive, the Board found that it was a relevant factor when assessing the sincerity of the grievor’s beliefs.

Grievance denied.