Tribunal rejects religious exemption after employee refuses to complete documentation

'God-given duty': Worker claimed COVID vaccine violated his faith, contained ‘unclean additives’

Tribunal rejects religious exemption after employee refuses to complete documentation

The Alberta Human Rights Tribunal has upheld the dismissal of a discrimination complaint from an employee who was suspended for refusing COVID-19 vaccination.

The tribunal ruled that personal religious statements are insufficient without objective evidence linking beliefs to specific religious tenets.

In the decision dated Oct. 29, 2025, Member of the Commission Evaristus Oshionebo found that Nicholas Pothier failed to establish his objection was based on a sincerely held religious belief and that he frustrated the accommodation process by refusing to complete required exemption documentation.

Personal faith statements fall short

Pothier, an employee at Canadian Natural Resources who began working from home in March 2020, opposed the company's mandatory vaccination policy on religious grounds. He stated he was a Christian who believed COVID-19 vaccines violated his faith because they "used aborted human fetal cells and cell lines in various research, development, production and manufacturing phases of their production" and contained "unclean additives."

In his complaint form, Pothier wrote: "I have a God-given duty to protect the physical integrity of my body against unclean food and injections" and that "My religious belief require[s] me to prioritize what the Scriptures teach before all other authority."

However, the tribunal found these subjective statements inadequate. The decision cited precedent establishing that "an individual must do more than identify a particular belief, claim that it is sincerely held, and claim that it is religious in nature."

Company policy required religious authority confirmation

Canadian Natural Resources' vaccination policy, implemented in response to the public health emergency, allowed exemptions on religious grounds but established specific requirements. The policy stated: "Requests for accommodation on Human Rights grounds based on genuinely and sincerely held religious belief will require a detailed explanation as to the belief which conflicts with the vaccination requirement.

“This must be accompanied by written confirmation provided by a Religious Authority figure (such as a minister or priest), attesting to the individual's membership and that the requirement to be vaccinated is in conflict with specific religious beliefs or tenets."

On Sept. 23, 2021, the company notified employees that effective Dec. 1, 2021, all employees had to be fully immunized, with rapid testing no longer accepted as an alternative. Violations would result in progressive discipline, including termination.

Pothier requested exemption through email but never completed the vaccine exemption form the company provided. He also failed to provide written confirmation from a religious authority. He was suspended on Dec. 22, 2021.

Refusal to cooperate ends accommodation claim

The tribunal found that even if Pothier had established a sincerely held religious belief, his failure to participate in the accommodation process was fatal to his claim. As such, he was placed on an unpaid leave of absence “because he was considered non-compliant with the Policy linked to his vaccination status, not his religious beliefs."

The tribunal emphasized that employees seeking accommodation must provide necessary information to establish the accommodation required. Citing Ontario precedent, the decision noted: "An employee can neither expect accommodation if she withholds the information necessary to establish that she requires it, nor dictate the accommodation required."

The tribunal concluded Pothier had "not provided a sufficient objective basis to establish that his objection to COVID-19 vaccination is a tenet of his religious faith or a fundamental part of expressing his faith" and found "no reasonable prospect of success" for the complaint.

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