A Religious Executive's Fight for Employment Insurance After Vaccine Refusal

Darold Sturgeon, a deeply religious executive at Interior Health in British Columbia, was fired in November 2021 for refusing to get the COVID-19 vaccine. Citing his Christian beliefs, he applied for employment insurance but was denied due to being fired for "misconduct."

Sturgeon appealed the decision to the Social Security Tribunal twice, but both appeals were unsuccessful. He then sought a judicial review in Federal Court in August 2023.

In his appeal, Sturgeon argued that the term "misconduct" did not apply to his case because he was exercising his freedom of religion. However, Justice William Pentney ruled that the tribunal's appeal divisions had a specific and narrow role, focusing on an employee's conduct and not justification for an employer's policies or compliance with the Charter.

Pentney suggested that Sturgeon could have challenged Interior Health's mandatory vaccine policy through other avenues, such as advancing a Charter claim, lodging a wrongful dismissal suit, or complaining to the British Columbia Human Rights Commission.

Sturgeon expressed concern that the judiciary had not been able to protect his Charter rights. He also noted the financial and time constraints of pursuing legal action, especially for individuals with limited resources. He emphasized his desire to fight for those who cannot afford to defend their own rights.

While acknowledging Sturgeon's sincere arguments and religious beliefs, the judge ultimately ruled against him due to binding jurisprudence. Sturgeon acknowledged the cost and time commitment involved in pursuing legal action, especially for individuals with limited resources. He expressed concern for other workers who were fired for similar reasons and lacked the means to fight for their rights.