The statement of claim, filed March 4, by lawyer Leighton Grey of Grey Wowk Spencer LLP, names Canadian National Railway, the Director of Rail Transport Michael DeJong and Transport Minister Omar Alghabra as respondents.

The suit alleges that CN's mandatory vaccination policy, which requires employees to have had two doses of COVID-19 vaccine on or before January 24, 2022, discriminates against an identifiable group of Canadians and does not provide exemptions for Canadians with natural immunity or those with conscientious objections or for those working remotely or with little to no contact with other colleagues.

Employees not complying with the policy or refusing to provide vaccination status to their managers had been put on unpaid leave, something Grey argues is akin to constructive dismissal.

The suit also argues that by putting unvaccinated employees on unpaid leave, their vaccination status became immediately apparent to other employees, violating their medical privacy.

The plaintiffs allege they have suffered severe and permanent psychological, physical and emotional trauma, loss of employment opportunities, threats and assault, loss of sleep, loss of trust, loss of confidence, loss of income, loss of opportunity for future income, post-traumatic stress and other damages to be determined at trial.

The suit seeks $500,000 in damages per plaintiff for Charter rights violations, another $500,000 in punitive and exemplary damages per plaintiff as well as costs and interest.

READ THE STATEMENT OF CLAIM: