Former Bank of Canada Data Scientist Joseph Hickey Challenges EI Denial After Refusing a COVID Shot
Former Bank of Canada data scientist Joseph Hickey is asking the Federal Court of Canada to review a decision that denied him Employment Insurance (EI) benefits after his refusal to receive a COVID shot was classified as “misconduct.”
Employment Insurance is Canada’s federal income support program designed to provide temporary financial assistance to workers who lose their jobs through no fault of their own. During the pandemic, however, Canadians suspended or dismissed for declining COVID shots frequently found themselves disqualified from EI under misconduct provisions.
Hickey’s case now places that controversial interpretation before the Federal Court.
His judicial review hearing is scheduled for:
📍 Federal Court of Canada
📅 February 23, 2026
⏰ 1:00 p.m.
🏛 90 Sparks Street, Ottawa
The hearing is open to the public.
Mandates and Benefit Denials
In autumn 2021, the federal government directed public sector employers to implement COVID vaccination policies. Cabinet guidance issued at the time also signaled that workers who lost employment or income due to refusal of vaccination could be denied EI benefits.
This marked a significant shift. EI benefits have historically functioned as a safety net for Canadians facing unexpected unemployment, not as a mechanism tied to compliance with medical directives.
Suspension While Working From Home
According to Hickey’s court filings and public statements, he had been working entirely remotely since March 2020 when his employer introduced a COVID shot requirement.
After declining vaccination, Hickey:
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Submitted a written explanation of his decision
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Requested accommodation on medical, religious, and human rights grounds
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Asked to continue working from home
His request was denied. He was subsequently suspended without pay, with notice that termination could follow.
Hickey states that vaccinated colleagues continued working remotely throughout the mandate period.
Denied Employment Insurance
While under unpaid suspension, Hickey applied for Employment Insurance benefits.
The Canadian Employment Insurance Commission (CEIC) rejected his claim, determining that his refusal to receive a COVID shot constituted misconduct under the Employment Insurance Act, thereby disqualifying him from benefits.
He appealed to the Social Security Tribunal of Canada (SST).
Tribunal Proceedings and Legal Test
Hickey’s SST case extended from July 2022 to May 2025.
Among the issues he sought to raise were:
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The constitutionality of applying misconduct provisions in this context
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Health concerns related to COVID shots
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Charter-protected rights
According to Hickey, the tribunal barred his constitutional challenge without permitting full argument.
In its final decision, the SST applied a legal test treating any deliberate refusal to comply with an employer’s directive as misconduct, without assessing the nature, reasonableness, or consequences of that directive.
Arguments Before the Federal Court
Hickey is now seeking judicial review, arguing that:
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Refusal of a medical intervention should not automatically constitute misconduct
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The tribunal’s interpretation results in arbitrary outcomes
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His health considerations and Charter arguments were not meaningfully weighed
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His situation is distinguishable because he worked exclusively from home
He also notes documented concerns regarding myocarditis risk in younger males, stating he was 36 at the time.
Why This Case Matters
The Federal Court’s ruling could carry broader implications for Canadians who were:
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Suspended or dismissed under COVID shot policies
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Denied EI benefits on misconduct grounds
At stake is the question of whether declining a medical procedure can justifiably trigger loss of access to a federally funded income support program.
Thousands of Canadians were affected by similar determinations during the pandemic period.
Case Documents
Documents related to Hickey’s proceedings before the SST and Federal Court are available HERE via the Ontario Civil Liberties Association (OCLA):
Source:
The “misconduct” of refusing vaccination, Joseph Hickey Substack, Feb. 15, 2026
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