The Federal Public Sector Relations Board has denied a grievance from a public servant, who sought an exemption from the federal government’s COVID-19 vaccine mandate because of his “earth-based spirituality.”
Robert Frankovic, who has worked at Transport Canada since 2004, filed a grievance over his employer’s decision to deny his COVID-19 vaccination exemption request. He argued that the vaccine is “not natural” and that injecting it into his body would be against his “spiritual and religious beliefs.”
“I consider the forest as my church with a feeling of reverence towards nature (Mother Earth),” he wrote in an affidavit. “I align myself with nature, honouring nature and doing anything to respect and restore nature.”
On Oct. 6, 2021, the Treasury Board of Canada Secretariat
implemented a policy requiring
federal employees in the core public administration to be vaccinated against COVID-19. It later
suspended the policy
in 2022.
The policy required that federal public servants
get vaccinated or request a special accommodation
by Oct. 29, 2021. Frankovic requested an exemption for religious reasons, but was denied and put on leave without pay on Dec. 31, 2021.
The labour board ultimately found Frankovic’s belief system was not sufficient grounds to be granted an exemption, and decided that earth-based spirituality did not constitute a religious belief.
Although the board said there is no single definition of religion, earth-based spirituality, as described by Frankovic in his affidavit, did not meet the sufficient conditions to be considered a religion. The belief system “does not have a Supreme Being or answer fundamental or ultimate questions having to do with deep and imponderable matter, and it is not exercised communally,” wrote
Christopher Rootham in the decision on behalf of a labour board panel
.
“Despite being convinced of the sincerity of the grievor’s belief, I have denied the grievance,” Rootham added.
Frankovic did not provide comment by publication deadline.
Frankovic, who owns a property in southern Ontario, wrote in his affidavit that his beliefs revolve around “respecting nature and living a healthy lifestyle and co-existence with nature and its surroundings.” On his property, Frankovic plants and manages a forest. He also expressed his affinity for trees and correlated chemical pesticides with pharmaceuticals.
“I regularly surround myself in a natural existence using traditional forms of farming / gardening where the eco system is balanced and where I feel of sense of tranquillity and cooperation with nature where I avoid modern day chemical and synthetic health products that many doctors / scientists suggest,” he wrote in an affidavit.
Frankovic submitted photographs of his property in his second affidavit, which included trees, flowers and other flora.
“Having read his affidavit and submissions carefully, I am still not sure why he attached those photographs — whether to convince me of the sincerity of his connection to nature or to allow me to share that connection. Either way, it worked,” Rootham wrote.
Rootham also added that the employer never doubted the sincerity of Frankovic’s beliefs; however, “th
e real issue in this case is whether the grievor
’s particular form of earth-based spirituality is a creed.
“Therefore, I have given no weight to those photographs, although I enjoyed viewing them,” he added.
The Treasury Board declined to comment on the decision.
“
Given the independent nature of the Board, we generally do not comment on decisions it renders,” said Rola Salem, spokesperson for the Treasury Board, in an emailed statement.
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