In 2021, Philip Anisimov was studying Industrial Ergonomics – designing tools, workspaces and tasks to better fit human movement – at Ontario Tech University in Oshawa.
Ontario implements a Covid vaccine mandate for students
On August 30, 2021, Ontario’s Chief Medical Officer of Health Dr. Kieran Moore introduced a vaccine mandate that presented post-secondary students with three options:
(1) show proof of double Covid vaccination,
(2) show an approved medical exemption to Covid vaccination, or
(3) attend a Covid vaccine education session on the safety and benefits of the vaccine.
Students who chose options two or three would be required to undergo frequent Covid testing, according to Dr. Moore. However, the provincial health officer gave schools the choice not to offer option three to students.
Ontario Tech University decided not to offer option three to its students.
Student Philip Anisimov requests a religious exemption
Philip Anisimov responded to the mandate by requesting an accommodation from the University on religious grounds.
Like many other students at the time, the vaccine ordeal created a massive amount of stress and uncertainty for the young student. “I was never sure if I should keep studying, because I didn’t know what would happen,” Mr. Anisimov said.
Covid measures, in some ways, felt like moving targets, he explained. “I wasn’t sure if I should just give up. I did not know when the vaccine mandates would end, so I was really wondering if I will ever be allowed to finish my studies,” he reflected.
The experience took a toll. “It was difficult to study, and my mental health suffered because of the institution’s actions,” he remarked.
Ontario Tech refuses Mr. Asinimov’s religious exemption and kicks him out
The University ultimately denied Mr. Anisimov’s vaccine exemption based on his religious exemption and deregistered him from his courses.
Mr. Anisimov remembers being stunned by the decision. “I was shocked when they not only denied my religious exemption but began to try to challenge my convictions when it was clear they had no understanding or willingness to understand my faith,” he recalled.
“I also felt powerless because it became very clear that no matter what I did they [the University] would never be convinced that my faith required an exemption. I had no leverage, no say, no guarantees,” Philip said.
However, he also had many supporters at the time. “My capstone team was very supportive. They were willing to sign a petition to ask to allow me to finish my studies,” he recalled.
The University’s actions forced him to spend an extra year completing his studies, finishing in May of 2023. Confronted with a delayed graduation and the possibility of having to complete his studies at another university, Mr. Anisimov had only tough choices at the time: “Regardless of what path I take, I will lose a lot of time and money.”
The Justice Centre helps Mr. Anisimov to file a human right complaint
In February, 2022, lawyers provided by the Justice Centre filed an Application with the Ontario Human Rights Commission on Mr. Anisimov’s behalf stating that the University’s behaviour towards their client amounted to religious discrimination.
The Justice Centre’s involvement in this case had an immediate impact, Philip explained. “After [the] JCCF released their first news article about my case, students around the province messaged me to show their support and tell me how they were going through a similar situation,” he explained.
“It was very heart-warming to know that there were so many who wished the best for me!” Philip said.
“I am very grateful to God that my case was taken on by the JCCF. A lot of people’s rights were violated during that time, but not everyone had legal help, so I am grateful to one of the few,” Philip commented.
Mr. Anisimov’s lawyers argue that Ontario Tech University’s decision to deny his request for accommodation not only disrupted his career plans but also violated his right to be free from discrimination on the basis of religion, as protected by the Ontario Human Rights Code.
“The University tried to characterize Mr. Anisimov’s belief as a personal preference by arguing that vaccination is not truly contrary to his faith,” remarked constitutional lawyer Hatim Kheir.
Public institutions cannot make decisions based on speculation about which dogma is correct
“Decision-makers are not permitted to engage in speculation and theological debates about which dogma is correct. So long as a belief is religious in nature and sincerely held, it must be accommodated,” stated Mr. Kheir.
A hearing before the Ontario Human Rights Tribunal took place April 15-16, 2025.
Mr. Kheir stated, “Students should not have to choose between remaining faithful to their religious convictions and being allowed to finish their education. Mr. Anisimov has a sincere religious objection to the Covid vaccines and could have been accommodated without difficulty.”
Merit hearing held
On April 30, 2025, a merit hearing was held on this matter. More information on this case is expected in the coming months.
Ontario Human Rights Tribunal decision announced
The Ontario Human Rights Tribunal has ruled against a former Ontario Tech University student, Philip Anisimov, finding his religious objection to the Covid vaccines was not protected as a “creed” under the Code. Because he was not vaccinated, Mr. Anisimov was barred from attending university while mandates were in force.
Case returns to the Ontario Human Rights Tribunal
A request for reconsideration has been filed with the Ontario Human Rights Tribunal on behalf of former Ontario Tech University student Philip Anisimov, after the Tribunal ruled that his religious objection to the Covid vaccines was not protected as a “creed” under the Ontario Human Rights Code.
Mr. Anisimov, who was studying Engineering at the University, was denied a complete vaccine exemption in 2021 but granted an interim accommodation that allowed him to complete the fall term. In December 2021, lawyers funded by the Justice Centre for Constitutional Freedoms filed a human rights complaint, arguing that the University’s actions discriminated against him based on religion. Despite this filing, the University deregistered Mr. Anisimov from his courses in early 2022. The experience left him uncertain about whether he would ever be allowed to finish his degree, and he ultimately graduated a year late in 2023.
The reconsideration submission maintains that the Tribunal applied an incorrect, “objective” standard to Mr. Anisimov’s religious beliefs, overlooked the discriminatory effect of the University’s vaccine policy, and misinterpreted evidence about other students who were accommodated.
Constitutional lawyer Hatim Kheir said, “By requiring an objective component, people’s religious beliefs become subject to the approval of religious authorities, which is contrary to human rights law.”
He added, “We argue that the decision misapplied some fundamental principles of human rights law, including the principle that people are free to interpret their own religious traditions, so long as their beliefs are sincerely held.”
A response from the University is due November 6, 2025, after which the parties will wait for a decision from the Tribunal.
Tribunal rejects reconsideration of case
The Ontario Human Rights Tribunal refused to reconsider its decision rejecting former engineering student Philip Anisimov’s claim that his religious objection to the Covid vaccine was protected as a “creed” under the Ontario Human Rights Code.
Mr. Anisimov, who was studying at Ontario Tech University, was deregistered from his courses in early 2022 after being denied a full exemption, despite his Christian belief that receiving the vaccine would violate his conscience. Lawyers funded by the Justice Centre had asked the Tribunal to reconsider, arguing that it applied the wrong legal test to assess religious belief and failed to consider evidence showing other students were treated differently.