Federal Court of Appeals Next Steps

On October 6, 2023, T-2142-23 was filed. A proposed class action filed in the Federal Court of Canada by three federal employees—Stacey Payne, John Harvey, and Lucas Diaz Molaro—against the Crown, on behalf of unionized federal public servants who were disciplined under the federal government’s 2021 COVID-19 vaccination policy for the core public administration, including the RCMP. We allege the policy unlawfully altered employment terms without consent, violated collective bargaining rights protected under section 2(d) of the Charter of Rights and Freedoms, and constituted misfeasance in public office by the Treasury Board for implementing and enforcing a policy lacking sufficient scientific or contractual basis. We seek class certification, damages, and declarations that the policy was unconstitutional. The group won its initial Motion to Dismiss, allowing the case to proceed, but lost at the Federal Court of Appeal, leaving only two paths forward: (1) submit an application for leave to appeal to the Supreme Court of Canada, or (2) end the legal effort entirely.

OPTION 1

Submit a Leave Application to the Supreme Court of Canada

  • We will instruct legal counsel to prepare and file an application for leave to appeal to the Supreme Court of Canada (SCC).

  • This will trigger additional legal costs (preparation of materials, legal fees, possible oral argument costs, disbursements) beyond what we have already incurred.

  • Members who vote in favour of this option commit to contributing approximately $1,800 (or whatever final figure is determined) to cover already-outstanding costs (legal work done to date) plus upcoming costs required to take this next step.

  • If we succeed in obtaining leave from the SCC, we continue the legal fight and work toward certification (class action) and then potentially full litigation.

  • If this option is voted for John, Stacey & Lucas must also agree to continue as their is a possiblity that they are hit personally with cost of court

OPTION 2

Cease the legal effort

  • We will terminate further legal appeals and not proceed with the leave application to the SCC.

  • We will continue to fundraise and ask for a final round of donations from our membership to pay our outstanding bills

  • The legal campaign stops at this stage. Members may still choose to seek individual remedies (outside the class action) but our collective campaign under FedsForFreedom ceases.

LEGAL ADVICE:
Have to add tomorrow after meeting.