Vaccine exemption requires sincerely held religious belief
On Oct. 6, 2021, the federal government’s Treasury Board adopted a policy that all employees had to be vaccinated for the COVID-19 virus unless they received an exemption based on medical or religious grounds.
Employees who were seeking a religious exemption were given a blank affidavit form to explain why their religious belief prohibited them from receiving the vaccine.
In his affidavit, Jeff wrote: “I was baptized as a Catholic and attended Catholic school throughout my primary and secondary schooling. I attended weekly Sunday mass with my parents and brothers until the age of 18. I was also an altar assistant as a young boy. Although I had stopped going on a regular basis, I still attended for special religious celebrations such as Christmas and Easter … As a Catholic I am told to follow my conscience to be moral. My Catholic upbringing through the church, the bible and God taught me about moral conscience and how believers are required to act accordingly to their conscience.”
He then quoted extensively from the bible and stated: “I am condemning myself and my relationship to my faith with God by letting others decide, influence, or coerce me into taking the vaccine, rather than following my conscience. I must make an informed judgment by balancing the medical benefits versus the mental and spiritual benefits. I am unable to take the vaccines because to do so would be a defilement of my body … vaccination is not morally obligated and must be done so voluntary.”
The employer asked him in writing how taking the COVID vaccine was different than taking other medications. He said the difference was that he had never been coerced to take medications by the threat of losing his job.
The employer also asked him why his belief differs from the religious leaders of his faith who had come out in favour of the vaccine. Jeff said that the focus should be on his personal beliefs and not the beliefs of others and that the church always says to follow one’s conscience.
After reviewing the situation, the employer denied Jeff’s request for an exemption to the mandatory vaccination policy. In his response, Jeff, for the first time, mentioned the fact that fetal cells had been used in the development of the vaccines and that it contradicted his religious beliefs as a Catholic. Jeff went to his union and grieved the denial of the exemption. The letter Jeff submitted from a priest did not indicate that Jeff was actually a parishioner or regularly attended church. Jeff never contradicted that.
While Jeff was grieving, the clock was still ticking. By a certain date he had to become vaccinated or be put on an unpaid leave. He chose to become vaccinated, but the grievance went ahead. For the adjudicator, the fact that Jeff decided to get vaccinated rather than lose money put in doubt Jeff’s sincerely held belief.
The adjudicator was not persuaded by Jeff’s argument that his faith told him to follow his conscience and his conscience prohibited getting the vaccine. The adjudicator thought that there wasn’t a connection to Jeff’s actual religious belief, it was not a dictate of the faith. The argument with respect to fetal cells was a valid one. But to have a right to an exemption, Jeff needed to show a sincerely held belief.
The Catholic Church had not been a regular part of Jeff’s life for a very long time. At one point in his written submissions to the employer, Jeff had said that he didn’t take the flu vaccine because he was not at risk and thought it unnecessary. Later, he took the position that all vaccines conflict with his religious belief. The adjudicator thought he was talking out of both sides of his mouth.
Jeff had only raised the fetal cell issue when his application was refused. Ultimately, Jeff’s grievance was dismissed.
There have been a number of decisions where people have been granted an exemption to a mandatory vaccine policy as a result of sincerely held religious beliefs. In Jeff’s case, however, he did not appear to have any.
This article was originally published by The Hamilton Spectator.
