Firefighters file lawsuit against City of Calgary over COVID-19 vaccine policy

More than a dozen firefighters are suing the City of Calgary over its COVID-19 vaccination policy for employees, claiming it violated their rights. 

Nineteen Calgary firefighters are seeking $38 million in damages from the city, according to a statement of claim filed with the Alberta Court of Queen’s Bench on July 7, which amounts to $2 million per firefighter. 

The City of Calgary introduced its COVID-19 vaccine policy in October 2021, requiring all city employees have two doses of the vaccine or regularly provide a negative COVID-19 test result. Employees who refused either option would be placed on leave without pay. 

"The plaintiffs have suffered measurable damages, including mental distress, anxiety, and, in particular, injury to dignity and self-respect," the statement of claim said.

"The plaintiffs therefore are entitled to significant damages due to the manner in which the city suspended their employment, including a claim for punitive/aggravated damages arising from flagrant human rights and Charter violations."

The lawsuit alleges the policy violated the Canadian Charter of Rights and Freedoms and amounted to criminal assault. 

"Forcing a medical intervention on employees under threat of loss of livelihood is a clear violation of the Criminal Code of Canada," the statement of claim said.

Nadia Zaman, an employment lawyer with Rudner Law in Ontario, who is not representing the firefighters, says court will consider the impact of people working closely together or with members of the public, especially if they are vulnerable. 

"That is more likely to tip in favour of the policy being seen as reasonable," she said.

"What it really comes down to at the end of the day is the reasonableness of the policies as well as the balancing of the competing rights.

The lawsuit alleges the policy caused a loss of income and created a toxic workplace. 

It also claims some religious and medical exemptions were denied.

"Even if the employees in question had a legitimate exemption to not be vaccinated, they would have had an alternative, which is regular testing, which a court may find reasonable in the circumstances of a global pandemic and in the context of the nature of the role and the nature of the workplace," Zaman said. 

The City of Calgary said it is unable to comment as the matter is before the courts.