This article archives the documents and communications related to my third grievance over the 10-day suspension (for continuing to publish my articles on substack), which was allowed by Employer at the final level.
See also the documentation related to the second of my grievances over the 8-day suspension, which was denied and now referred to Arbitration.
Level 3 Grievance Presentation (also in Appendix below), presented on Dec 4, 2024, sent as Attachment on Dec 1, 2024
In PDF:
Cover email, sent on Dec 1, 2024
From: Gorodnichy, Dmitry (Ph.D. / Dr.)
Sent: December 1, 2025 8:07 AM
To: K….. (Elle/She/Her)
Cc: ‘Howard Bertram’;
Subject: Supporting docs for 2024-3941-141134, 2025-3941-145082
Good morning K….,
Please find attached the presentations for the hearing on 4 DEC 2025
I will also refer to these four articles, which have been written specifically to address some of the expressed concerns:
Finally, below are the 3 questions that are most critical for moving forward in constructive and positive way, which I hope we can do.
Q1) Do I have right to run for Union positions meaning having and talking about my electoral platform - which is posted on https://en.gorodnichy.ca, linked from pipsc.ca website.
Q2) What is the difference between “instructing” vs. “recommending” that my posts be absent from topics including, but not limited to: politics etc.
The actual instruction is pasted below (bolded by me). It is at the bottom of page 3 in the 4-page COI letter that was sent to me in March 2023
In order to protect yourself and the Agency, the following conditions and mitigation strategies must be applied to prevent a real COI from occurring:
· To regain the appearance of neutrality and impartiality as a public servant, you must remove all blog posts from your website.
Any future blog posts should be mindful of the duty of loyalty and remain non-partisan. For greater certainty, it is recommended that your posts be absent from topics including, but not limited to: politics, GoC mandates, COVID-19, Convoy, etc.
NB: When I asked Jeff, whether he indeed meant to delete “all” blog posts ( I had over 50 of them back than, and probably over two hundred now)– he never replied to this question, however he replied in other communication saying that “he believes his instructions were clear”. They are clearly “not clear” for me, as comes obvious from these communications
Q3) Do I have moral an legal responsibility , as a senior data scientist with background in data fraud and evaluation, knowing the Nuremberg code (the consensus that will wait for me for hiding the truth that is linked to deaths of many people ) - to use all available democratic tools to report the “red flags” and to urge professionals of all related disciplines to address them ?
Look forward to meeting on Thursday.
Thank you
Dmitry
Appendix: Level 3 Grievance Presentation, 4 DEC 2025.
by Dmitry Gorodnichy
Ref: 2025-3941-145082.
I. Summary
This grievance challenges a series of escalating suspensions — 5 days (Sept 2022), 8 days (April 2024), and 10 days (June 2025) — imposed on the Grievor for off-duty expression on matters of public health, mandates, and government policy that have deeply affected the health of his family and his colleagues at the government.
The Grievor is a senior data scientists with 25 years of stellar public service, recipent of multiple national and deparmental awards and praises. His work on evaluation of the performance of commercial Biometric and other AI systems was published in peer reviewed journals and widely referenced within the Agency. His contribution (improve the culture within the Agency based on the analysis of PSES data (a unique interactive visualization tool for which he developed that is now listed in Open Canada portal) were considered by Agency’s VPs and led to positive changes within the Agency
The Grievor is also an active member and candidate for executive office within his union (PIPSC) – nominated and elected for the Executive position at the PIPSC National Capital Regional branch (April 2024), nominated but not elected for the PIPSC national Vice-President position (Aug-Nov 2024) - supported by thousands of members who explicitly sought his representation based on his Electoral Platform (published on his website ) which explicitly aims at addressing political interference and transparency related to the vaccination mandate that badly affected many Union members. Of note, half a thousand of members ranking him as their first choice for the VP position based
The discipline rests on an ultra vires gag order issued March 9, 2023, instructing him to remove all blog posts and refrain from posting on “politics, mandates, COVID-19, Convoy, etc.”
It is also rooted in cultural and linguistic misunderstandings, where expressions of stress, faith, and disappointment were mischaracterized as threats.
The suspensions violate:
The KVP test for the validity of employer rules.
The Charter of Rights and Freedoms, including freedom of expression (s.2(b)), freedom of association (s.2(d)), and the right to life, liberty, and security of the person (s.7).
The Public Service Labour Relations Act (PSLRA), which protects employees’ rights to engage in union activity free of employer interference.
The Grievor seeks rescission of all suspensions, reimbursement of lost pay, and confirmation of his right to engage in lawful, Charter-protected expression and union advocacy.
II. The Timeline
Feb-June 2021: Witnessing vaccination side-effects first hand and difficulties reporting them
Feb, Apr: Grievor’s dad received two shots (Moderna) and falls sick two week after with Shingles (later to be found to be one of the most common side-effects of Moderna vaccines - see
https://openvaers.com
) which debilitated him for one year. He is n medication since then. He was never able to fully recover from it, being perfectly healthy prior to that (biking/swimming every day)
May: Grievor and his wife were also among the first receive the vaccine (Pfizer) – assuming that it is as “safe and efficient” as all other vaccines that they have used before and that this will help “to stop the spread the virus” (which was the message later proved to be based on a false claim that vaccine stops the spread).
While the Grievor did not have any side-effects, his wife had long-term female reproduction related damages (which were also later found to be well known and actively researched by the vaccine manufacturer Pfizer and hidden from public until the court demanded Pfizer to release its own internal documents despite pfizer’s attempts to keep them secret for 75 years (See: https://www.amazon.ca/Pfizer-Papers-Pfizers-Against-Humanity/dp/1648210376/, Naomi Wolf Presentation at the EU parliament )
The efforts to report the eye-witnessed side-effects were met with resistance by family doctor, and further complicated by the changes on Health Canada Voluntary Side Effect Reporting portal which made reporting side-efforts as a consumer practically impossible, unless guided by knowledgeable (See: https://open-canada.github.io/vitals/report-side-effect)
Fall 2021 - Spring 2022: Post-marketing data analysis and start of advocating efforts for Canadians and Union members who suffered from covid vaccination and vaccination mandate
From Fall to Winter 2021, the Grievor actively sought for help and information from his larger relatives and professional networks to find out that :
approximately 1 out 20 of those who were vaccinated had some kind of unexpected heath problem following vaccination, while
those who did not get vaccinated had significantly less health concerns – including those related to covid - than those who were vaccinated during the investigated period, but suffered from hate campaign and immense financial losses incurred by mainstream median and certain government officials and the vaccination mandate
Once the post-marketing data has been made available, the Grievor – who is an experienced data scientist with training in performance evaluation and data visualization – analyzed the data himself to find out that:
Covid Vaccine safety and efficacy varies over time, by demographics and vaccines batches, and
In some cases - for certain populations and certain doses - covid vaccines showed negative efficacy while also resulting in life-threatening adverse reactions including deaths (all of which has been also later confirmed via ATIP and OPQ freedom of information requests)
In Spring 2021, the Griever redesigns his private company’s portal www.IVIM.ca and launches the IVIM Newsletter (
https://ivim.substrack.com
) entitled “Who Can Tell Me The Truth”, which aims to publicize the data coming from government and other trusted sources related to the suffering by his family members and other Canadians, including many from the his Union (PIPSC) that resulted from suppression of truth related to covid vaccination and vaccination mandate, later to other politics- and health-related issues (5G, Natural products, fluoridization, War in Ukraine - where he is from and has many relatives, etc.)
1. Sept 2022 – 5-Day Suspension
Posts which Employer - based on the external informant complaint - framed this as “contrary to Government of Canada messaging that covid vaccines are safe and efficient”
Grievance denied internally; FPSLREB hearing scheduled February 2026.
2. March 9, 2023 – Conflict of Interest Letter
Management directed the member to:
Directed to remove all posts.
Ordered (“recommended”) not to write about “politics, mandates, COVID-19, Convoy, etc.”
Refrain from posting anything that could be “critical” of the CBSA or GoC.
Legal concern:
This instruction is overbroad and vague. It prohibits entire subject matters (politics, COVID-19, mandates) unrelated to CBSA’s mandate.
Such an order is ultra vires (outside the legal authority of the employer). Under the KVP test, it fails the requirements of reasonableness, clarity, and relation to the employer’s business
3. March 2024 – 8-Day Suspension
Similar to the first 2022 discipline, based on another external informant complaint (whose identity or political affiliation was never disclosed )– employer finds that 5 articles from his Substack (among which are eye-witness testimonials of Canadians including his Union members and invitation to view various documentaries and science fiction movies such “1984” and “Died Suddenly”) violated Public Servant Code of Ethics and Values , “willingly neglated to follow manager’s expectation”
Suspension imposed for repeat conduct, explicitly predicated on the 2022 discipline.
During the meeting, when the decision was announcement, in the disbelief of the announced decision , the Grievor said:
“Truth will come out.”
“Karma — actions have consequences.”
“Silencing me is increasing my chance to die”
Remarks were later clarified and apologized for, with explanation of cultural and linguistic context (Karma as spiritual belief; second-language barrier).
4. April 2024 – Elected to PIPSC NCR Executive, Nominated for PIPSC VP
One months after being suspended for publishing on issues related “mandates. Covid, politics” because of his effort to advocate for those issues of concern to many members, the Griever is nominated and wins the election with majority of votes for the PIPSC NCR Executive board .
Three months later he is nominated (by over 80 members) for the national VP position at PIPSC. His electoral platform is featured on his portal and town-halls. It is full of testimonials and evidence related to political interference, covid and mandates, including the lack of transparency and support from the Union who suffered distress due to vaccination mandates and suppression of truth related to covid and covid vaccines. He lunches his other susbtack in support of his Electoral Campaign
called “Making Your Voice Heard at PIPSC”
The same year, the Griever developed a number of resolutions to address the issues for the National and regional AGMs, continues to publish on matters of importance to members related to politics, mandates and covid on his electoral platform portal and newsletters
5. May – June 2025 – Third suspension
May 8, 2024 – Allegations
Management alleged that the above remarks breached the Values and Ethics Code for the Public Service and the CBSA Code of Conduct.
Allegations included:
Saying truth would come out, and others would regret their actions.
Reference to Karma.
Refusing to follow March 9, 2023 instructions.
Suggesting management wanted him to die by silencing him.
Griever notes:
These statements were not threats but expressions of personal stress and belief.
Allegation #3 is a re-assertion of his Charter right to expression in defense of life and security.
Allegation #4 is a misunderstanding of his words about health and mortality risk, not a literal accusation.
May 9, 2024 – Member’s Explanation
The member immediately clarified:
Apologized for any perception of threat.
Explained the meaning of Karma in his faith.
Stressed that English is not his first language and that he was under emotional shock.
Reiterated that his words referred only to his health concerns and the impact of gag orders on his ability to protect his life.
Submitted a separate formal email explaining his position and requesting withdrawal of ultra vires instructions.
June 13, 2025 – Discipline Letter
The employer imposed a 10-day suspension without pay, citing:
Prior suspensions (5 and 8 days) for posts contrary to GC messaging on vaccine safety.
Failure to follow March 9, 2023 instructions.
The alleged comments at the March 28, 2024 meeting.
July 2, 2025 – Grievance Filed
The member grieved the suspension, arguing it was:
Harsh and punitive, not corrective.
Unrelated to CBSA’s mandate (border protection, travel, and trade).
A violation of his right to life and security.
Disruptive to efficient service, given his otherwise 25 years of dedicated service.
III. Legal Framework
1. The KVP Test
KVP Co. Ltd. v. Lumber & Sawmill Workers’ Union (1965): For a workplace rule to ground discipline, it must be:
Clear and unequivocal.
Reasonable.
Consistent with the collective agreement.
Not arbitrary or discriminatory.
The March 2023 gag order fails:
Overbroad: banning entire subject areas such as “politics” and “COVID.”
Unreasonable: CBSA’s mandate concerns borders and trade, not regulating discourse on health policy.
Ultra vires: No statutory authority to silence off-duty union campaigning.
2. Charter of Rights and Freedoms
s.2(b) – Freedom of Expression: The Grievor’s posts relied on official government, ATIP, and peer-reviewed sources.
s.2(d) – Freedom of Association: As a union candidate, his speech was core to union democracy, representing members’ concerns.
s.7 – Life, Liberty, and Security: After family vaccine injuries, suppressing his research and speech interferes with his right to protect life and health.
Doré v. Barreau du Québec (2012 SCC 12): Administrative decisions must proportionately balance Charter rights. Blanket bans fail minimal impairment.
Fraser v. PSSRB (1985): Duty of loyalty is not absolute; public servants may speak on matters of public concern, especially outside their work duties.
3. PSLRA Protections
Section 186 prohibits employer interference, intimidation, or coercion against employees for participating in union activities.
The Grievor’s postings were integral to his election platform and union advocacy. Employer interference here constitutes an unfair labour practice.
IV. Cultural and Linguistic Context
Alleged threatening remarks (“truth will come out,” “karma,” “dying if silenced”):
Expressions of religious belief and despair, not literal threats.
Spoken in a second language under emotional shock.
Immediately clarified and apologized for in writing.
Misinterpretation of cultural idioms cannot ground a finding of misconduct.
V. Evidence Supporting Grievor’s Concerns
1. Myocarditis and Pericarditis
FDA (June 25, 2025): Updated labels for Pfizer/Moderna to include myocarditis risk
CDC (2025): Advises clinicians to counsel young men about myocarditis risk.
PHAC/Health Canada: Confirmed myocarditis as a safety signal; updated product monographs.
2. Reproductive Risks and Transparency
Pfizer Papers (2023–2025, EU): Internal trial documents show reproductive risk signals; Pfizer sought 75 years to release.
EU General Court (May 2025): Ruled against Commission for hiding Pfizer CEO text negotiations — transparency failures.
3. Effectiveness and Post-Marketing Data
PHAC (2022): Since Omicron, more deaths occurred among vaccinated than unvaccinated (absolute numbers due to coverage). Member highlighted this fact in 2022 posts.
ATIP A-2023-000085: Released HC data on sudden deaths of otherwise health young individuals following covid vaccines.
CDC & PHAC: Acknowledge waning immunity and need for updated boosters.
4. Oversight and Accountability
U.S. Congressional Subcommittee on Coronavirus (2024): 500-page final report on transparency failures during pandemic.
This confirms the member’s concerns were legitimate, grounded in fact, not conspiracy.
VI. Remedy Requested
Rescind the 10-day suspension.
Expunge all disciplinary records (5, 8, 10 days).
Reimburse lost wages; make the Grievor whole.
Affirm that employer instructions must be:
Narrow.
Mandate-related.
Consistent with the Charter and PSLRA.
Confirm the Grievor’s right to engage in union advocacy without employer interference.
VII. Conclusion
This case is not about disloyalty or misconduct.
It is about a public servant, nominated and supported by colleagues, engaging in:
Evidence-based expression on matters of public concern.
Union advocacy central to democratic participation.
Personal defense of life and health after witnessing family injuries.
The suspensions fail the KVP test, breach the Charter, and constitute an unfair labour practice under the PSLRA.
The grievance must be upheld. The suspension is disproportionate, unsupported by law, and inconsistent with Canada’s democratic and legal commitments to freedom of expression and the right to life and security.
The Grievor respectfully requests that the suspensions be rescinded, his record cleared, and his rights as a public servant and union candidate reaffirmed.
The Grievor’s concerns deserve to be heard and addressed, rather than be silenced by means of gag orders and disciplines