Worker filed religious exemption one day before deadline and the court was unmoved
An Air Canada employee who waited until the day before her employer's vaccination deadline to file a religious-accommodation request has lost her bid for Employment Insurance benefits, with the Federal Court reaffirming that asking for an exemption is not the same as receiving one.
In a May 1, 2026, decision, Mr. Justice Sébastien Grammond dismissed Tatiana-Alex Pagano's application for judicial review, and awarded costs to the Attorney General of Canada. Pagano had been placed on unpaid leave from Air Canada after failing to comply with the airline's mandatory COVID-19 vaccination policy, and the Social Security Tribunal had disqualified her from EI on the basis of misconduct.
Air Canada issued its vaccination policy on August 25, 2021. Employees had to report their status through an internal tool, receive a first dose by September 8, a second dose by October 16, and be fully vaccinated by October 30. The policy warned that non-compliance could result in consequences "up to and including unpaid leave or termination." It also offered a process for exemption requests, including on religious grounds.
Pagano submitted her religious-exemption request on October 30, with supporting documentation following on November 12. Air Canada placed her on a leave of absence effective October 31, 2021, and denied the exemption request on November 15.
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