Law360 Canada (August 2, 2024, 12:34 PM EDT) -- Appeal by appellants from Federal Court judgment that struck claims of plaintiffs and granted to one group of plaintiffs but denied another group leave to amend their claims on grounds that Federal Court committed several errors. The plaintiffs’ Statement of Claim alleged that the employer policies (“TB Policy”), which mandated that plaintiffs must be vaccinated against COVID-19, failing which they would be placed on leave without pay or be subject to having their employment terminated, violated their rights under the Charter of Rights and Freedoms (“Charter”). The plaintiffs alleged because they chose to decline to be vaccinated against COVID-19, these employment-related vaccination policies caused them harm and damages. The Statement of Claim also alleged that the limitations imposed by the Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, issued by Transport Canada (“Interim Order”), violated the Charter rights of all of the plaintiffs. Because the plaintiffs chose not to be vaccinated against COVID-19, they were prevented from travelling by airplane by the Interim Order. The Federal Court held that s. 236 of the Federal Public Sector Labour Relations Act (“FPSLRA”) barred the claims of the plaintiffs, who were members of the Royal Canadian Mounted Police (“RCMP”) or who worked in the other federal departments, agencies or portions of the public service. According to the Court, these plaintiffs could have filed grievances. Their claims were dismissed in their entirety, without leave to amend. As for the other group of plaintiffs, the Federal Court found they failed to plead the requisite material facts in support of their allegations. The Federal Court granted these plaintiffs leave to amend their claims....