Class-Action Lawsuit Alleging Discrimination Launched Against Feds on Behalf of Unvaccinated Canadians

Class-Action Lawsuit Alleging Discrimination Launched Against Feds on Behalf of Unvaccinated Canadians
Police and workers wait for arrivals at the COVID-19 testing centre in Terminal 3 at Pearson Airport in Toronto on February 3, 2021. (The Canadian Press/Frank Gunn)
Marnie Cathcart
10/4/2023
Updated:
10/4/2023
0:00

A class-action lawsuit has just been filed on behalf of unvaccinated Canadians who were negatively affected by mandatory COVID policies, lockdowns, or vaccine mandates.

Alberta constitutional lawyer Leighton Grey, of the law firm Grey Wowk Spencer LLP, said the lawsuit is a new legal action that was filed on Sept. 22, with more than 700 Canadians already signed up for representation.

In a court document provided to The Epoch Times on Oct. 4, the proposed class-action proceeding names His Majesty the King in Right of Canada and the Attorney General of Canada as defendants, and alleges the federal government discriminated against Canadians “on the grounds of genetic characteristics and religion,” specifically their COVID-19 vaccination status.

There are three aspects to the lawsuit: the employment subclass, for those who were unvaccinated for COVID-19 and lost their jobs due to government mandates, or who were terminated, denied promotions, or experienced decreased working hours due to their medical status; the travel subclass, for those that could not travel for work or to see loved ones because they were unvaccinated for COVID; and the dual-class, for those who fall into both categories.

More applicants are being accepted, and there is ongoing funding for donations to help the plaintiffs of the case. The case proposes the action be tried in federal court in Edmonton. Only Canadians who received no COVID shots and suffered negative consequences as a result are eligible to be part of the class action.

The lawsuit seeks a number of damages including $500,000 per plaintiff for violation of various charter rights, as well as damages for intentional infliction of mental suffering of $200,000 per plaintiff, and another $200,000 per plaintiff in damages for economic consequences.

The lawsuit further alleges the federal government violated the Genetic Non-Discrimination Act by requiring members of the lawsuit to undergo PCR testing that sampled RNA genetic material in attempt to detect the COVID-19 virus.

The court documents include background material with a timeline, noting that in 1996, the Canadian National Report on Immunization, prepared by the Department of Health, reported that in Canada, compulsory vaccination was unconstitutional and could not be made mandatory.

There is also mention that on June 2, 2020, Canada’s Chief Public Health Officer Dr. Theresa Tam announced that COVID vaccination would not be mandatory in Canada.

On Aug. 31, 2020, then-Minister of Health Patty Hajdu stated COVID shots would not be mandatory in Canada and that people would have the right to choose if they wanted to be vaccinated, the legal action said.

By Aug. 13, 2021, the Treasury Board Secretariat of Canada announced that they will be bringing in COVID-19 vaccination mandates, including for air and train travel, as well as for employment with the federal government. The minister of transport announced that the vaccines would “help protect the safety” of Canadians.

On Aug. 5, 2021, Prime Minister Justin Trudeau announced the clerk of the Privy Council was instructed to make COVID shots mandatory for all federal and Crown employees and federally regulated industries if they want to keep their jobs. The same day, Dr. Tam announced that mandatory vaccination in Canada was “necessary” for public health, and on Aug. 12, announced vaccines would be mandatory, alleges the lawsuit.

“The Prime Minister made pejorative and discriminatory statements towards Canadians who refused COVID-19 vaccines, calling them racists, misogynists and asking if ‘Canadians should tolerate these people,’ referring to the unvaccinated,” states the lawsuit.

It documents the mandatory vaccination that was implemented in Canada—for example, in the transportation sector, among all federal employees, employees of federal Crown corporations, and employees of federally regulated industries. Eventually, mandatory vaccine requirements were put in place for all airline carriers, as well as travellers on commercial flights, trains, and ships.

The federal attorney general and justice department did not return requests for comment by press time.