# 2015-007 Others, Discrimination, Harassment

Case Summary

F&R Date: 2015–04–27

The grievor contested the sale of pornographic magazines in CANEX outlets on the basis that it results in a poisoned work environment and that it has harmful effects on women and children.The grievor sought the removal of all pornographic magazines from CANEX outlets, a declaration from the Chief of the Defence Staff that CANEX would not resume the sale of pornography, and costs related to his expenses in filling the grievance.

The Initial Authority denied the grievance on the basis that it was submitted outside the time limit and did not consider the merits of the grievor's submission. CANEX management, having been made aware of the grievance in the meantime, chose to cease the sale of pornography at all CANEX outlets and implement a new policy requiring products for sale to be compliant with the Canadian Human Rights Act as well as the CANEX internal harassment policy. The grievor continued pursuing his grievance seeking the declaration and his costs.

The Committee found that the new CANEX policy had the same legal effect as the declaration sought by the grievor as a remedy and therefore the controversy between the grievor and the Canadian Armed Forces was completely resolved due to the action of CANEX management.

The Committee found that there is no authority under the National Defence Act to award the costs sought by the grievor and that absent such authority, costs cannot be awarded.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–11–24

The grievance was resolved informally.