Witness Testimony

Gary Lalancette, an information technology analyst with approximately 30 years of experience, testified that he had been working remotely full-time since the March 2020 health emergency without disruption to his duties. In August 2021, his employer implemented a mandatory vaccination policy requiring proof of full vaccination as a condition of continued employment and return to the office. He declined vaccination without invoking medical or religious exemptions, citing concerns about consent and bodily integrity. Despite receiving a positive reference letter confirming his professional performance, his employment was terminated on September 30, 2021 for non-compliance with the policy.
Following his dismissal, Lalancette applied for Employment Insurance benefits. Service Canada denied his claim on the basis of misconduct, stating that his refusal to comply with company policy rendered him responsible for his termination. He appealed the decision administratively, arguing that he had exercised fundamental rights under the Civil Code concerning free and informed consent to medical treatment. He testified that the review authority maintained the misconduct finding and indicated it did not have jurisdiction to rule on constitutional arguments.
Lalancette subsequently initiated proceedings in Federal Court to contest the Employment Insurance decision and filed a separate complaint with the CNESST alleging dismissal without just cause. He described ongoing legal proceedings, including appeals and a scheduled hearing before the Tribunal administratif du travail. At the time of his testimony, he was awaiting further hearing dates while continuing to challenge both the classification of misconduct and the lawfulness of his dismissal.