# 2012-156 Careers, CF Drug Control Program, Counselling and Probation (C&P), Remedial Measures

Case Summary

F&R Date: 2013–02–25

The grievor held a position designated as safety sensitive and was ordered to provide a urine sample. The urine sample analysed in the screening test was positive for metabolites of cocaine. The grievor was accordingly placed on counselling and probation for a period of one year. He disputed the test process, however, insisting that he had never consumed illicit or illegal substances. He also challenged the decision of the Director Military Careers Administration (DMCA) to place him on counselling and probation. He pointed out that throughout his career his conduct had been ethically irreproachable and he had respected the code of conduct of the Canadian Forces (CF). He asked that the counselling and probation be removed from his file to allow him access to promotions, career courses, postings and missions.

The Initial Authority, the Director General Military Careers (DGMC), concluded that the drug screening process had been carried out in accordance with the regulatory requirements. He also concluded that the grievor had failed to submit clear and convincing evidence that,at the very least, would raise a reasonable doubt that the sample that had tested positive was not his. The Board concurred with this conclusion. In fact, the Board concluded that the sample that had tested positive for metabolites of cocaine was that of the grievor.

During the administrative review, the DMCA took into account a number of factors when recommending the corrective measures. He considered the type of drug, ie, cocaine. He took into account the reason for testing members in safety-sensitive positions. He recognized that this was the grievor's first known involvement with illicit drugs. He took account of the fact that the grievor's performance had been excellent, that his involvement with illicit drugs had had no impact on the operations, activities, security or morale of the CF. And, finally, he noted that the grievor's capacity for leadership had been diminished since it was the grievor's duty to set an example. The DCMA accordingly approved the retention of the grievor within the CF but ordered that he be placed on counselling and probation for an observation period of one year. The DGMC and the Board both agreed with this analysis and conclusion. They concluded that, given the circumstances, the decision to place the grievor on counselling and probation was fair and just.

The Board therefore recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2013–08–21

The FA agreed with the Board's findings and recommendation that the grievance be denied.