Robin Francis v. Canada (Attorney General)
ROBIN FRANCIS
Law Firm / Organization
Charter Advocates Canada
ATTORNEY GENERAL OF CANADA

- Parties: The applicant was Robin Francis. The respondent was the Attorney General of Canada.

- Subject Matter: The employer dismissed the applicant on the ground that he refused to comply with its mandatory policy to obtain a COVID-19 vaccination. The applicant requested an exemption from the policy based on creed. The employer denied this request. The applicant then sought employment insurance benefits. The Social Security Tribunal’s General Division denied the requested benefits under s. 30 of the Employment Insurance Act, 1996, which provided that an employee was disqualified from receiving benefits if the employee lost employment due to misconduct. The Appeal Division ruled that the General Division properly denied the request.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the application without costs. The appeal court found no reason to interfere with the Appeal Division’s decision, which satisfied the standards of review, was grounded on reasonable interpretations of the law, and appropriately deferred to the facts as determined by the General Division. The appeal court rejected the applicant’s argument that the Appeal Division erred in its interpretation of the employer’s policy. The Appeal Division reasonably determined and applied the evidence and the law relating to this issue, the appeal court said.

- Date: The hearing was set on Nov. 2, 2023. The court released its decision on Nov. 2, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-83-23
Employment law
$ 0
Respondent
22 March 2023