WPS civilian member files class-action lawsuit over COVID vax policy

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This article was published 12/12/2022 (1344 days ago), so information in it may no longer be current.

A Winnipeg Police Service civilian member has filed a class-action lawsuit against their employer for alleged damages caused by its COVID-19 vaccination policy.

Communications operator Courtney Peters is the representative plaintiff for the proposed class action, which was filed Dec. 8 in Court of King’s Bench.

According to the statement of claim, the plaintiff is seeking up to $1 million in damages for violations of the Canadian Charter of Rights and Freedoms, and up to $500,000 for class members in aggravated damages. The claim also seeks additional damages for mental distress, assault, battery and human rights violations.

The City of Winnipeg, government of Manitoba, and chief provincial public health officer Dr. Brent Roussin are also named as defendants.

According to the claim, a WPS workplace policy requiring all employees to provide proof of COVID-19 vaccination or take regular rapid antigen tests violated employees rights under the charter and violated multiple parts of the Manitoba Human Rights Code.

Employees who refused to disclose vaccination status or take regular tests were placed on unpaid leave, the claim states.

The proposed class action defines class members as WPS employees who oppose vaccination without informed consent and the disclosure of private health information “under the threat of administrative and disciplinary measures.”

The WPS required its employees to be fully vaccinated against COVID-19 or take a rapid test up to three times a week, as of Nov. 15, 2021. An estimated 97 per cent of the service was fully vaccinated, WPS Chief Danny Smyth said in February.

The policy was also consistent with others adopted by front-line, public service organizations, including health-care, corrections, education and child care.

Public health orders required Manitoba provincial employees working in vulnerable sectors to be vaccinated against COVID-19 or take regular tests by the end of October 2021. The order came to an end in March.

“The plaintiff and class oppose forced vaccination without their informed consent by the WPS,” the claim reads, with members allegedly suffering from “vilification and extreme ill-will” owing to them being unvaccinated.

“The policy and orders are not in the public interest. By placing employees and others on ‘leave of absence’ without pay, they are removing caring professionals from public service in an arbitrary and disruptive manner that will irreparably harm the province of Manitoba,” the claim states.

The claim also argues there is no moral or ethical obligation to be vaccinated against COVID-19, while the “discriminatory” policy led to a loss of income, mental distress and trauma for class members.

Peters is being represented by Leighton Grey of Alberta-based law firm Grey Wowk Spencer LLP.

The firm also represented University of Winnipeg Collegiate instructors Renise Mlodzinski, Evan Maltman and Kyle Du Val, who sued the school and the province in January. The instructors claimed they were placed on involuntary leave owing to COVID-19 vaccination policies.

Grey did not agree to an interview request Monday, saying the request was forwarded to his client who was not immediately available.

The proposed class action against the WPS follows more than a dozen complaints by members to the Manitoba Labour Board earlier this year.

The board received 19 similar requests from front-line police officers and civilian members between Jan. 31 and Feb. 25 over COVID-19 testing and vaccination.

Complainants alleged the union breached its duty in not filing a grievance with the vaccination policy prior to members being placed on unpaid leave for non-compliance. The complaints were dismissed without formal hearings.

The WPS did not respond to a request for comment Monday.

danielle.dasilva@freepress.mb.ca