The federal public service sector was subject to coercive, destructive vaccine mandates imposed by our employer the federal government. Most of our unions have not only failed to represent members seeking medical privacy and bodily autonomy but have been complicit in the imposition of mandates.
FedsForFreedom with Stacey, Lucas & John have retained lawyer Umar Sheikh as we seek justice and assurance this will never happen again. As a registered not-for-profit in good standing, we have the infrastructure, public standing and connections to coordinate a collective support campaign that will resonate throughout Canadian Federal Public Service Sector.
To become a member of our Liberty Membership: Core Public Administration Class Action Legal Support Campaign, you must meet ALL of the criteria described below, at the time the policy was introduced in your core public administration department;
- You are/were a Federal Public Servant employed with a core public administration department and fell under the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police
- You are/were governed by a collective agreement, represented by a Union and pay Union dues
- You are/were unvaccinated or unwilling to disclose your private medical information
- On or after the date the policy was enacted in your department, you suffered 1 or more of the following harms;
- were terminated;
- attested you were unvaccinated or partially vaccinated, applied for and were denied an accommodation;
- were placed on unpaid leave and have not yet returned to work;
- were placed on unpaid leave and returned to work when the mandate was suspended, on or after June 20, 2022;
- retired early, or
- sought sick leave because of the mandates
Legal: Statement of Claim
Read our statement of claim here:
Argument #1: Violation of our Section 2(d) – Freedom of association Charter Right:
- Charterpedia – Information about 2(d) – Freedom of association right
- Past Case Precedence: BC Teachers Federation VS The Crown & Supporting Article: B.C. Teachers Win Landmark Ruling at the Supreme Court
- Past Case Precedence: Health Services VS The Crown
Argument #2: Misfeasance in Public Office:
Case Precedence that may assist us:
Class Action Legal Support Campaign Steps
Step 1: Register to be a Liberty Class Action Campaign Support Member (See details below)
Step 2: The Representative Plaintiffs will work with Sheikh Law to review and organize evidence. (This step has been completed: September 1 2022 – May 31 2023)
Step 3: Skeikh Law has identified the strongest claims & presented the best options for an initial successful first trial. We will identify groups of members who are seeking similar restitution for their case along with major issues we would like to strike down, these groups & issues will be the foundation for possible future claims. (This step has been completed: September 1 2022 – May 31 2023)
Step 4: The claim options have been brought to all Liberty Members to vote on which options we would like to proceed with. If your case is chosen at this time, then you will be notified by the executive team prior to any filings to confirm your participation and choose weather you would like to be named or be “John/Jane Doe”. (This step has been completed: Vote took place June 15 2023 – June 22 2023)
Step 5: FedsForFreedom’s Liberty Membership will be re-opened to Canadians who meet our Membership definitions to support our Class Action Campaign – STILL OPEN TO SUPPORT!
Step 6: The initial claim will be built with 3 named representatives, we will identify expert witness’ & the statement of claim will be filed, and we ask the court in our pleading that they take all facts we present as true. If they accept we will move on to step 7. – WE ARE HERE!
Step 7: Class certification will begin, this process will include many actions, first ensuring we have the appropriate class definitions set out. Second ensuring we have class competence this includes; an acceptable communications campaign and budget to ensure we reach all Canadian’s who qualify; along with having evidence that we have the funding needed to pay our legal council for the remainder of the class action this will include fundraising strategies. Once we are successful with class certification we will move on the step 8.
Step 8: Our class action will be opened up to all Canadian’s who qualify through the class definitions. Canadian’s who qualify will have the opportunity to Opt-In or Opt-Out at this point at a 0 dollar cost. FedsForFreedom’s Liberty Class Action Campaign Support Members will officially Opt-In to the Class Action at this point at 0 dollar cost.
Step 9: The class action will go through discovery and pre-court stages.
Step 10: The class action will go to court, if successful, the awarded winnings will be distributed among the Canadian’s who Opt-In to the Class Action.
FAQ’s
Updated on October 1st 2023
Who does not qualify to participate in the FedsForFreedom Class Action Legal Support Campaign?
- Federal Public Servants who are not part of the Core Public Administration and who did not fall under the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police
- Current/Ex Military
- Contractors
- Non-Union/Non-Represented
- Non-Federal Public Servants
- Individuals who are regulated by Federal Departments, but not employed by them
- Individuals who complied with the policy and attested they were vaccinated
- Individuals who complied with the policy and attested they were vaccinated, and became vaccine injured. Please visit the following link for assistance https://vaccineinjurysupport.ca/en
What if I initially did not comply (did not get vaccinated and/or did not attest) and was forced on LWOP but subsequently, due to financial or other reasons, got vaccinated and attested. Do I qualify to participate?
If this is the same or similar to your situation, you qualify to participate in our class action lawsuit. This is because you suffered a harm (forced LWOP) from the policy and your initial response to it.
Below are examples of other possible scenarios that qualify to participate in the Liberty Membership: Class Action Support Campaign:
- You would not disclose your private medical information(attest) and suffered the harms as defined in the class criteria.
- If you got vaccinated but did not attest and suffered the harms as defined in the class criteria
- If you did not get vaccinated and attested that you were unvaccinated and suffered the harms as defined in the class criteria.
- If you did not get vaccinated and did not attest and suffered the harms as defined in the class criteria
- If you got partially vaccinated (i.e. you received 1 vaccination of a 2 series vaccination) and either did not attest or attested that you were only partially vaccinated, and suffered the harms as defined in the class criteria
- If you initially did not comply (no vaccination and/or attestation) and were forced on LWOP but subsequently got vaccinated and attested so you could return to work, you qualify!
What damages/reparations are being sought through the Class Action?
- Damages (compensatory, punitive, pain and suffering)
- Back-pay (lost wages, retroactive pay, pension implications)
- Banked sick leave reimbursed (for those who went on sick leave)
- Lost vacation and sick time
- Financial implications from early retirement including pension losses
What is the fee to join the Liberty Membership: Class Action Legal Support Campaign effort?
To join FedsForFreedom's Liberty Membership Support Campaign, there is a one-time payment of $600, and a commitment of participation in future FedsForFreedoms fundraising efforts.
Members who joined to support prior to (30/05/2023) paid an initial $300 fee to cover some of the expenses we incurred to have legal counsel review each Liberty Members evidence and construct the best legal pathway forward for our membership. If you have already paid $300 to join the original liberty membership, you will only be required to pay/fund raise an additional $300.
I thought Class Actions were free to join! Why do I have to pay?
Let us be clear: you are not paying to join the class action, you are paying to support it. In fact, if you fit the parameters of the class action, you will be provided the opportunity to opt-in to the class action suit once the class is certified by the courts without paying any fees.
What you are paying for is a Liberty Membership: Class Action Legal Support Campaign with FedsForFreedom. Being a Liberty Member provides all kinds of benefits, including but not limited to, access to privileged information regarding legal action, monthly meeting updates, access to supports within the membership community and the Liberty Hardship Fund.
The fee to become a Liberty Member is to assist with raising funds and supporting our legal costs. The most imperative step in our legal battle is to ensure our class is certified. In order to do that, we must prove beyond a reasonable doubt to the Courts that we have the competence to see this though to the end; meaning, we have the financial ability to fund this case.
Expert witnesses, administrative fees and carrying costs all require funds. If we don’t have the ability to clearly demonstrate that we can cover these costs we will not be taken seriously in court and our class action will never be certified, leaving us with few options of legal recourse.
Did you know: It is common for costs to be as high as $300,000 to $400,000 on just the certification stage?
I can’t afford to pay $600 all at once. Is there a payment plan option?
Yes! We are happy to work with you to make participation in our Liberty Membership as accessible as possible! If you want to be a Liberty Member but cannot afford a one-time $600 payment, simply email contact@fedsforfreedom.ca and we will work out a plan that’s tailored to your needs. These plans are also available for original Liberty Members who have already paid $300 and are required to pay/fundraise an additional $300.
Do you anticipate Liberty Members having to make additional financial contributions beyond the initial $600 investment?
At this time it is our goal to only require the one-time $600 contribution. However, the expectation is that each Liberty Member assists with fundraising efforts, including sharing FedsForFreedom social media posts and fundraising campaigns.
If I filed a grievance related to the policy and/or its implications and it is still on-going or has been resolved, can I be a Liberty Member: Class Action Support campaign?
Yes, a grievance does not impact your ability to be a Liberty Member nor does it preclude you from participating in our legal action. Grievances are addressed at the labour board while our case will be heard at the federal courts.
How are FedsForFreedom ensuring members are here in good faith and are in fact Federal Public Servants?
Each participants eligibility will be verified via the evidence submission survey.
What is the difference between the legal cases put forth by Rocco Galati, Michael Bergman and Umar Sheikh? Could they join forces?
In each of these cases there are different entry qualifications, timelines, strategies, claims and damages being sought. The aforementioned lawyers cannot join forces because of these differences, however a victory for one would set positive case precedence for all.
I signed-up for the Independence Membership ($25) and now I would like to upgrade to a Liberty Membership. Is my $25 transferrable?
Yes! Just email contact@fedsforfreedom.ca, we will upgrade your account and apply your $25 credit toward Liberty Membership.
Can I donate to FedsForFreedom’s Legal Support Campaign to improve the chances of our class being certified?
Absolutely, we would sincerely appreciate that! Please visit our GiveSendGo fundraising page to donate and be sure to share it far and wide!
What is the status of our Federal Public Sector Labour Relations and Employment Board (FPSLREB) Duty of Fair Representation complaint against the Public Service Alliance of Canada (PSAC) union?
In a decision by the FPSLREB, they felt we did not have sufficient evidence to have an arguable case. While our legal counsel is not in concurrence, it is crucial that we allocate the time and resources required to the avenue that will be the most advantageous to the largest portion of our membership. In a vote, our Liberty Membership decided against appealing the FPSLREBs decision and elected to focus our efforts on the class action lawsuit.
I applied for an accommodation and was denied, should I submit an Access to Information and Privacy (ATIP)?
Yes! An ATIP will provide you with all documentation and correspondence in regards to your requested accommodation. For evidence purposes, and for your personal knowledge, the more information the better! Please note any general information (meaning information that is not personal to you) costs $5.
Please feel free to use our ATIP Template text, ensure you modify it to make it specific to your situation: Any and all written communication including "Microsoft Lync" or “Microsoft Teams” conversations by (insert managers name).Electronic and or paper documentation relating to me, including my name; or regarding (name particular incident, accommodation requests, Labour relations and other reps listed on emails, etc.). Including deleted and trashed emails and or electronic files. And all electronic communications by the aforementioned parties via email or paper, held in file format between them and their superiors and/or labour and staff relations and/or any other institution, body, department that may have or hold interest. Any and all files the department holds or has held (now deleted or trashed) referencing me or the aforementioned terms and phrases between (dd/mm/yyyy) and (dd/mm/yyyy).
Advantages of Supporting
- Sharing of legal resources with all Freedom Groups involved with Sheikh Law
- Reduced individual costs
- Continuity regardless of membership
- Access to monthly membership meetings
- Access to general & legal email updates
- Access to general resources
- Access to the Liberty Hardship Fund
- Access to General & Liberty Membership: Legal Support Campaign Raklet announcement boards
- Members who joined from September 1st 2022 – May 31st, 2023: A review of your evidence to build legal campaign against employer and union
- If the Class Action is awarded Certification and you meet the Class Definitions, you will have the opportunity to opt-in at 0 dollar cost
- Members who joined after May 31st 2023: If the Class Action is awarded Certification, you will have the opportunity to opt-in at 0 dollar cost
Liberty Member
CLASS ACTION CAMPAIGN SUPPORT MEMBER
$600 + Raising Future Donations
HOW DO I SUPPORT?
Liberty Membership limited to Canadians who meet all 4 of the below definitions:
- You are/were a Federal Public Servant employed with a core public administration department and fell under the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police
- You are/were governed by a collective agreement, represented by a Union and pay Union dues
- You are/were unvaccinated or unwilling to disclose your private medical information
- On or after the date the policy was enacted in your department, you suffered 1 or more of the following harms;
- were terminated;
- attested you were unvaccinated or partially vaccinated, applied for and were denied an accommodation;
- were placed on unpaid leave and have not yet returned to work;
- were placed on unpaid leave and returned to work when the mandate was suspended, on or after June 20, 2022;
- retired early, or
- sought sick leave because of the mandates
YOU MUST COMPLETE THE FOLLOWING STEPS;
- Have completed online registration through Raklet (Click this link to fill out application, agree to TCAs & pay enrolment fee) in doing so you have agreed with and are adhering to this TCA and have paid the enrolment fee and any subsequently authorized fees, as outlined in ‘Legal Costs and Structure’ in this TCA; and
- Have completed the Liberty Membership – Evidence Submission Survey;
WHAT ARE THE ADVANTAGES OF SUPPORTING?
- Access to monthly membership meetings
- Access to general & legal email updates
- Access to general website resources
- Access to the Liberty Hardship Fund
- Access to General & Liberty Membership – legal support campaign Raklet announcement boards
- If the Class Action is awarded Certification and you meet the Class Definitions, you will have the opportunity to opt-in at 0 dollar cost
ORIGINAL LEGAL LIBERTY CAMPAIGN MEMBER
$300 + Raising $300 in Donations + Raising Future Donations
HOW DO I JOIN?
- Are employed or were employed within the federal public service sector, that sector being defined as any department of the federal government;
- Have agreed with and are adhering to this TCA;
- Have paid the enrolment fee and any subsequently authorized fees, as outlined in ‘Legal Costs and Structure’ in this TCA;
- Have completed online registration through Raklet; and
- Have completed the Liberty Membership – Evidence Submission Survey.
WHAT ARE THE BENEFITS?
- Access to monthly membership meetings
- Access to general & legal email updates
- Access to general website resources
- Access to the Liberty Hardship Fund
- Access to General & Liberty Membership – legal campaign Raklet announcement boards
- A review of your evidence to build legal campaign against employer and union
- If the Class Action is awarded Certification and you meet the Class Definitions, you will have the opportunity to opt-in at 0 dollar cost