Witness Testimony

Philip Davidson testified that he worked for 14 years in various policy roles within the BC Public Service, most recently as Director of Policy and Stakeholder Relations in the Ministry of Advanced Education and Skills Training. Beginning in March 2020, he and many colleagues worked remotely. In August and September 2021, after the announcement of the BC Vaccine Card, he expressed concerns about medical privacy and declined to discuss his vaccination status with colleagues. On October 5, 2021, the head of the BC Public Service announced that proof of vaccination would become a condition of employment, despite earlier workplace guidance stating that staff did not have the right to inquire into vaccination status.
The policy took effect November 1, 2021, requiring proof of vaccination by November 22, with leave without pay and potential termination for noncompliance. An Order in Council passed November 19, 2021 created a regulation under the Public Service Act making vaccination a formal term and condition of employment and deeming dismissal for noncompliance to be for just cause. Davidson declined to disclose his vaccination status, was placed on leave without pay on November 24, 2021, and remained in that status until his termination in June 2022. He stated that remote work accommodation was denied despite having previously worked effectively from home.
Davidson described involvement in organizing BC Public Service employees opposed to the mandate, forming a group called BCPS Employees for Freedom, and participating in legal action seeking an injunction and judicial review of the regulation. The injunction was denied on the basis that irreparable harm was not established, though broader legal actions remain ongoing. He testified that more than 300 employees were terminated, with additional early retirements attributed to the mandate, and that the regulation was rescinded in April 2023.