During COVID-19 lockdowns many Canadian employers implemented vaccine mandates, forcing employees to choose between job loss or an unwanted COVID-19 vaccination. TDF lawyers met with many union members confronted with this dilemma, and explained their legal rights under human rights legislation and collective agreements
Many religious union members who opposed vaccination due to their sincerely held religious beliefs, filed religious exemption requests with their employers. However, these religious exemptions were often denied arbitrarily and superficially. Sometimes employers requested written proof of relevant spiritual doctrine from a religious objector. Sometimes employers summarily rejected claims of sincere religious belief.
In 2022, the Air Line Pilots Association (ALPA), on behalf of 7 unionized Air Canada pilots, brought grievances against Air Canada for improperly rejecting their vaccine exemption requests. After their religious exemption requests were denied, the pilots were placed on unpaid leaves of absence. The union members alleged workplace religious discrimination under their Collective Agreement and the Canadian Human Rights Act.
A labour arbitrator has now ruled in favour of the pilots, as reported in Air Canada v. Air Line Pilots’ Association 2026 CanLII 16803 (CA LA).
Arbitrator Hayes ruled that denying these religious exemption requests was improper and resulted in workplace discrimination contrary to the Canadian Human Rights Act and the Collective Agreement. The arbitrator held that it was not appropriate for Air Canada to direct employees to justify religious exemptions with a “personalized, written, and dated explanation from your religious leader explaining the religious reasons why you are unable to be vaccinated against COVID-19.” Arbitrator Hayes reiterated that the law requires an employer to assess an individual’s subjective religious beliefs rather than making an overly objective determination of whether those beliefs objectively conform to the mandates of the religion.
Hellbound and Down 