A Federal Court judge has dismissed an appeal by a 91裸聊视频渄eeply religious91裸聊视频� British Columbia health executive who said he was wrongfully denied employment insurance after being fired three years ago for refusing to get the COVID-19 vaccine.

Darold Sturgeon was fired as executive director of medical affairs for Interior Health in November 2021 after refusing to get the vaccine based on his Christian beliefs.

He applied for employment insurance benefits but was denied due to being fired for 91裸聊视频渕isconduct,91裸聊视频� with appeals to two levels of the Social Security Tribunal also failing, leading him to seek a judicial review in Federal Court in August 2023.

The ruling says Sturgeon believed the tribunal should have examined his assertion under the Charter of Rights and Freedoms that the term 91裸聊视频渕isconduct91裸聊视频� did not apply to his case 91裸聊视频渂ecause he was exercising his freedom of religion.91裸聊视频�

Justice William Pentney found that 91裸聊视频渞ecent, abundant and unanimous case law91裸聊视频� defined a specific and narrow role for the tribunal91裸聊视频檚 appeal divisions, focusing on an employee91裸聊视频檚 conduct, and not justification for an employer91裸聊视频檚 policies or compliance with the Charter.

Sturgeon91裸聊视频檚 appeal fell 91裸聊视频渙utside the mandate91裸聊视频� of the tribunal and he could have challenged Interior Health91裸聊视频檚 mandatory vaccine policy 91裸聊视频渢hrough other avenues,91裸聊视频� the judge ruled.

Pentney said those included advancing a Charter claim, lodging a wrongful dismissal suit or labour grievance, or complaining to the 91裸聊视频淏ritish Columbia Human Rights Commission.91裸聊视频� The office of the British Columbia Human Rights Commissioner separately clarified that such a complaint would have to be lodged with the British Columbia Human Rights Tribunal.

91裸聊视频淭he point is, there were other avenues available to pursue the Charter question; this decision does not cut off the only avenue of relief,91裸聊视频� the ruling says.

Sturgeon said in an interview Tuesday that he was 91裸聊视频渁ctually quite concerned that the judiciary or the judicial system has not been able to protect my Charter rights.91裸聊视频�

He said finding a lawyer to represent him was too costly for the small amount of money the benefits would91裸聊视频檝e offered because he found a new job about five months after being fired.

91裸聊视频淚91裸聊视频檓 basically doing this for the underdog, for those that are not able to fight the system or to defend their own charter rights,91裸聊视频� he said. 91裸聊视频淎nd so I took it upon myself to almost do this as a hobby, to learn the law, to represent myself and to plead my case.91裸聊视频�

Sturgeon said the process was stacked with multiple layers of submissions, denials and reconsiderations before making it before the court. Where he went wrong, he said, was that his Charter challenge was only brought up 91裸聊视频渋ndirectly91裸聊视频� and he didn91裸聊视频檛 91裸聊视频渇ully outline91裸聊视频� it while before the tribunal91裸聊视频檚 appeal division.

He said he was following his 91裸聊视频渕oral conscience91裸聊视频� as a devout Roman Catholic to refuse the vaccine over the use of fetal cells in its development, and he didn91裸聊视频檛 think 91裸聊视频渕isconduct91裸聊视频� applied in his case. He said he was an administrative employee who worked remotely.

Sturgeon said he doesn91裸聊视频檛 know if appealing the decision would be worth it given tight deadlines to file, but cases similar to his were going to the Federal Court of Appeal.

91裸聊视频淚 think they will fight the good fight and, and try to see if somebody gets justice and truth out there,91裸聊视频� he said. 91裸聊视频淚 don91裸聊视频檛 blame my employer for implementing what they thought at the time was the right thing.91裸聊视频�

The judge found that 91裸聊视频渘o one has doubted that (Sturgeon) acted based on his understanding of his religious obligations,91裸聊视频� and that he had 91裸聊视频渁bly advanced his arguments.91裸聊视频�

91裸聊视频淗owever, despite his sincere and thoughtful arguments, the binding jurisprudence requires that I find against him,91裸聊视频� the ruling says.

Sturgeon said he knew other workers who were fired for the same reason, and noted it was 91裸聊视频渆xtremely costly91裸聊视频� to hire a lawyer and 91裸聊视频渆xtremely time consuming91裸聊视频� to go it alone.

91裸聊视频淚 was in a leadership position at Interior Health and I was aware of staff like a single mom that has children in a mobile home that lost her job because of this decision and she received no severance, just like me, and she received no employment insurance,91裸聊视频� he said.

91裸聊视频淪he has no voice. She lost all her benefits at Interior Health and she had no voice. So who91裸聊视频檚 going to fight for her?91裸聊视频�