TORONTO, ON: The Justice Centre for Constitutional Freedoms announces that a request for reconsideration has been filed with the Ontario Human Rights Tribunal (Tribunal) on behalf of former Ontario Tech University (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 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.”
“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,” he added.
A response from the University is due November 6, 2025, after which the parties will wait for a decision from the Tribunal.
