March 4,2026
RED FM News Desk
The Federal Court of Appeal has dismissed an attempt by a former B.C. health executive to obtain employment insurance benefits, almost five years after he was terminated for declining the COVID-19 vaccine on religious grounds.
Donald Sturgeon, formerly Interior Health’s executive director of medical affairs, was dismissed in November 2021 after refusing vaccination. His effort to secure EI benefits moved through multiple levels of review, including the Social Security Tribunal and the Federal Court, before reaching the Appeal Court.
Sturgeon maintained that his application for benefits was not a direct challenge to Interior Health’s vaccination policy. Instead, he argued the tribunal failed to properly consider how misconduct should be weighed against religious freedom protections under the Charter of Rights and Freedoms.
However, the Appeal Court ruled Tuesday in Vancouver that Sturgeon had not adequately raised his Charter arguments before the tribunal and dismissed the appeal.
His lawyer, Lee Turner, said the courts and tribunal did not sufficiently address the religious freedom issues involved and indicated they are considering seeking leave to appeal to the Supreme Court of Canada. Turner also said Sturgeon initially represented himself and made errors in his appeal filing, highlighting concerns about access to justice for individuals navigating the system without legal counsel.
The Federal Court had previously rejected Sturgeon’s case in 2024, concluding that the matter fell outside the tribunal’s jurisdiction.
Sturgeon told The Canadian Press following that ruling that he had acted according to his Roman Catholic beliefs and moral conscience in declining the vaccine. He said he hoped to speak on behalf of other workers who lost their jobs under similar circumstances, including those who did not receive severance or employment insurance.
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