Federal labour board awards $5,000 to CRA worker denied religious vaccine exemption

The Federal Public Sector Labour Relations and Employment Board has ruled that the Canada Revenue Agency discriminated against Steven Porter when it refused his request for a religious exemption from the federal COVID-19 vaccine mandate.

Porter, who has attended the Eastern Gate Church, a non-denominational full-gospel Christian church, since 1999, sought an exemption in 2021 arguing he could not be vaccinated because of religious beliefs regarding the sanctity of life and the sanctity of his body as a temple. The CRA denied the request. Rather than face administrative leave without pay, Porter used a combination of paid vacation, sick leave, and unpaid sick leave to remain employed while unvaccinated.

Adjudicator Brian Russell found that Porter's religious beliefs met the "Amselem framework," a legal test determining whether someone has faced discrimination based on religious conviction. Russell wrote that "the effect was that he was excluded from the workplace and it was an adverse impact. His religious beliefs were a factor in the adverse impact." Porter demonstrated his beliefs were sincerely held by explaining how he lives consistently with them and has been an active church member for roughly 27 years.

Porter sought $20,000 in damages but was awarded $5,000. Russell granted the lower amount because Porter did not lose his job permanently — "which makes the conduct less serious than in cases involving a discriminatory termination of employment." The federal government ended its vaccine mandate on June 20, 2022, when public servants on unpaid leave were able to return to work.

A CRA spokesperson told the Ottawa Citizen that 32 exemption requests were made during the mandate period, but did not specify how many were granted or denied.