4 N.B. government employees in court challenging vaccination rule
CBC
A teacher, a nurse, a health network administration assistant and an educational support teacher are suing New Brunswick over what they claim is an unconstitutional vaccine mandate, and the province wants the suit dismissed.
The four employees sued the province in November after it made it mandatory for all employees to get vaccinated or face unpaid leave. The deadline was Nov. 19, when the province said just under 2,000 of its 66,000 employees, or just under three per cent, were not fully vaccinated against COVID-19 and would be placed on leave.
Stuart Murray has been an educational support teacher at Anglophone East School District for about four years. Trista Michaud-Hachey is a teacher at Oromocto High School who worked for the province for 18 years. Tabatha Belding has been a registered nurse at the Dr. Everett Chalmers Regional Hospital in Fredericton for six years, and Lisa Gorham has worked for the province for 22 years and is an executive assistant at Horizon Health Network.
They are all on unpaid leave, the court heard Wednesday, and haven't resigned or been dismissed.
All four allege the province is contravening their right to life, liberty and security of the person by requiring proof of vaccination to allow them to work. They're asking to be reinstated with payment of lost wages or pay in lieu of lost wages. They're also asking the judge to make a declaration that the policy is unconstitutional.
The province's lawyer, Justin Wies, made arguments on why the lawsuit should be dismissed Wednesday. He said the issue should first be dealt with by the New Brunswick Labour and Employment Board because that's what the law requires.
Wies said if the employees are not happy with the decision from the board, they can then go to court and ask for a judicial review.
"The framing of the issue as a constitutional challenge doesn't [preclude] them from having to go through labour board," Wies said.
James Kitchen, the lawyer for the employees, said this is not exclusively a labour case. The "most important" remedy they want is the declaration from the court that the policy is against the Constitution, he said.
"They're pursuing a larger interest more than workplace concerns," he said. "They're making this application on behalf of other employees."
On Wednesday, Justice Thomas Christie of the Court of Queen's Bench allowed the New Brunswick Nurses Union and the New Brunswick Teachers Federation to intervene on the case and make short arguments.
Joël Michaud, who is representing both unions, made arguments supporting the province's stance. He said the unions believe this issue should be first dealt with in a labour arbitration before anything else.
He said if the courts allow the employees to skip the arbitration process then it would be "in essence usurping the role of the employee associations."
Christie said he is "sensitive" to the issues brought forward by the four employees, but he may be limited in what he can do by the law that requires only one forum to deal with labour issues.
The government of Saskatchewan has announced plans to reduce the length of non-resident game bird hunting licences to combat illegal guiding.
An 87-year-old Alberta man is fighting extradition to the United Kingdom to stand trial for historical allegations of physical and sexual assault involving minors.
Eight casinos across southwest B.C. have been sold to First Nations in the last two years, with the province's gambling scene set to be reshaped as a result.
Hamilton hosts the Junos Sunday, and the musical awards show is bringing tourists, musicians, concerts and a ton of themed events to the city this week.
The multi-million-dollar deal at the heart of a high-profile fight between the Canadian government and one of the world’s biggest carmakers contains multiple clauses about the company’s footprint in Ontario, according to a copy obtained by CBC Windsor.
In recent months, Calgary police have carried out three day-long safety blitzes, parading out dozens of officers to flood an area with their increased presence — at least, temporarily.
A national organization is seeking people with experience in Canada's forestry sector as they put together a working group that will examine ways to improve forest recovery following wildfires.
Ella Heyder is bracing for a breakup, even though she already moved out decades ago.
Shawne Hopkins never saw it coming.
Politicians return to Queen’s Park Monday for a shortened spring session, as Premier Doug Ford prepares to unveil his eight budget amid heightened global economic uncertainty.
Despite a recent announcement that a water supply pipeline will be build in Oneida Nation of the Thames, some members of the community say that's no excuse for taking water for granted.
As scandal has swirled around former prince Andrew Mountbatten-Windsor, questions and curiosity have also focused on his ex-wife, Sarah Ferguson, and their daughters, Princesses Beatrice and Eugenie.
Friday may have been the first day of spring, but winter storms are not over yet for Newfoundland.