Federal court dismisses COVID-19 vaccine mandate lawsuit brought by hundreds of Canadian Armed Forces members

A mass tort lawsuit filed in June 2023 by 330 current and former Canadian Armed Forces (CAF) members against the federal government has been dismissed by the Federal Court. Associate Judge Catherine A. Coughlan ruled that the plaintiffs' case failed to disclose a reasonable cause of action and declined to exercise jurisdiction over the matter.

The 137-page lawsuit challenged the CAF's COVID-19 vaccination mandate, which required all members to be fully vaccinated. The plaintiffs' Statement of Claim provided brief accounts of all 330 CAF members, alleging they were exposed to administrative penalties, ridicule, humiliation, coercion, loss of pay and benefits, and discharge from the military. Many service members who did get the COVID-19 vaccine also alleged adverse events following vaccination, including cardiac issues, neurological problems, blood clots, hemorrhaging, and more.

The plaintiffs alleged that the mandates violated multiple sections of the Canadian Charter of Rights and Freedoms, including the rights to freedom of conscience (s. 2(a)), life and security (s. 7), and equality (s. 15). They also sought $1 million in general damages per plaintiff, alongside additional claims for punitive and special damages.

One of the plaintiffs, Jacqueline Marie France Boehme, a member of the CAF holding the rank of Sailor First Class, is identified in the court documents. Serving as a Human Resources Administrator at HMCS CATARAQUI, Boehme alleges that she received two COVID-19 vaccine doses while breastfeeding an infant. She claims to have experienced a cardiac adverse event after the first dose and was later diagnosed, on March 7, 2022, with multiple pulmonary embolisms (blood clots) and a hemorrhage in her left lung. Four days afterward, she alleges, she was diagnosed with a lump on her thyroid.

Another plaintiff, Armand Edward A. Garner, a CAF member holding the rank of Corporal and serving as an Aviation Systems Technician at 8 Wing CFB, alleges that after receiving one dose of the Moderna COVID-19 vaccine, he was diagnosed with atrial fibrillation, which required surgical intervention.

Danis Doiron, another plaintiff, identified as a former CAF member holding the rank of Corporal and serving as an Infanteer with the North Shore New Brunswick Regiment at Miramichi, alleges that after receiving two COVID-19 injections, he developed a small mass on his kidney and experienced cardiac symptoms.

Joshua Martin McCulloch, a Corporal and Infanteer, served at the Royal Canadian Regiment, in CFB Petawawa, for nearly a decade. McCulloch alleges that after refusing the COVID-19 vaccine, he and others were forced into an unheated tent in November 2021 under harsh winter conditions. They were allegedly told they could only have heat if they accepted the COVID-19 vaccine. He further claims that his discharge in May 2022 resulted in significant pension and income losses.

Jonathan Michael Recoskie, a Master Corporal and Infantry member, alleges he experienced extreme physical and psychological abuse from his command. He claims that after refusing the COVID-19 vaccine, he was forced to work outside in severe winter conditions for three months without shelter or proper equipment. Additionally, he alleges that his command encouraged his peers to ridicule him, leading to isolation and humiliation.

Despite the range of allegations outlined by the plaintiffs, Judge Coughlan ultimately ruled that the Statement of Claim did not establish a legal basis for the plaintiffs' claims and that the issues raised were better suited for the CAF’s internal grievance process. Judge Coughlan also noted procedural irregularities, such as improperly filed affidavits and secondary sources, which were not considered in her analysis.

Coughlan's ruling also took major issue with the language used in the plaintiffs' court documents, claiming it lacked supporting evidence. She noted that the plaintiffs referred to the COVID-19 vaccines as "experimental gene therapy" and "biologics" without providing evidence to substantiate these characterizations.

Additionally, the judge seemed to take strong issue with the plaintiffs' use of quotation marks around the word "emergency" when referring to the pandemic, suggesting that this indicated skepticism about the existence of the pandemic.

The judge concluded that such language contributed to a pattern of "vexatious" and "abusive" conduct in the pleading, which she considered problematic. The allegations, including claims of "fraudulent use" of the vaccines, were found to be unsupported by material facts, according to Judge Coughlan, which led her to determine that the pleading constituted an abuse of process. The plaintiffs were ordered to pay legal costs of $5,040, jointly.

Speaking with The Canadian Independent, the plaintiffs' lawyer, Catherine Christensen, criticized the Federal Court’s decision, stating: “Once again, the Federal Court has hidden behind the grievance system to deny justice to the members of the CAF who face abuse of power from their chain of command. The next government needs to bring in legislation that will allow our military members to hold their leadership accountable for illegal and wrongful acts.”

On the possibility of an appeal, Christensen added: “At this time, I don't see grounds to appeal. A few more days of research are needed before a final decision will be made on that.”