The Canada Revenue Agency (CRA) discriminated against a federal public servant by refusing to grant an exemption to the COVID-19 vaccine mandate based on his religious beliefs, the federal labour board ruled. The agency implemented a COVID-19 vaccination policy during the pandemic in November 2021, requiring all employees to attest to their vaccination status and to be fully vaccinated. According to the Federal Labour Relations and Employment Board, an employee, identified as Steven Porter, requested religious accommodation from the CRA’s COVID-19 vaccination policy the day it was implemented because of his religious beliefs. In December 2021, the CRA informed Porter that his accommodation request was denied. He went on a combination of sick and vacation leave between Jan. 10 and April 8, 2022, then went on unpaid sick leave before being approved for long-term disability. Porter grieved the denial and filed the complaint with the Federal Labour Relations and Employment Board. ‘His body is a temple’ The board’s report said Porter is a Christian and has been a member of the Eastern Gate Church since 1999. Eastern Gate Church is a non-denominational, full-gospel, Christian church, according to the report. “He stated that his religious beliefs are that the COVID-19 vaccine was derived from aborted fetal tissue and cells and that his body is a temple, so he is unable to take any vaccine that will give direction to or alter his immune system,” the labour board said. According to Immunize Canada, vaccines do not contain human cells, blood or tissue. Porter told the labour board he has not knowingly accepted a vaccination or any other medications in the past and has “avoided the use of products in the past when information has come to light that conflicts with my religious beliefs.” “It is my sincere religious belief and conviction that I am unable to take any vaccine that will give direction to or alter my immune system and ultimately, the original design of my physical being as ordained by God,” Porter told the board. Collective agreement violation In his decision, adjudicator Brian Russell concluded Porter’s beliefs are religious beliefs and pass the first test in “Amselem,” which requires a claimant to demonstrate a sincere belief or practice and an interference with the relief or practice “that is more than trivial.” Russell says he also concludes the employee’s religious beliefs are “sincerely held,” he “faced an adverse impact because of his religious beliefs” and the CRA violated the collective agreement and the Canadian Human Rights Act. “The grievor is a Christian and has been an active member of the Eastern Gate Church since 1999. He requested an exemption from the employer’s Vaccine Policy based on his religious beliefs and his request was denied,” Russell wrote. Porter was seeking $20,000 from the federal government. Russell awarded the employee $5,000 in damages, but ruled he was not entitled to lost wages because he did not establish that the vaccine policy “was the main cause of his financial losses.” The CRA suspended the COVID-19 vaccination policy in June 2022. According to the Treasury Board of Canada Secretariat, the federal government received 1,659 accommodation requests for religious reasons to the COVID-19 vaccination policy. A total of 642 accommodations were deemed eligible. The government said 2,108 federal employees were on administrative leave without pay in May 2022 for declining to disclose their vaccination status.
