# 2018-115 Careers, Counselling and Probation, Drug, Remedial measures

Case summary

F&R Date: 2020-02-20

The grievor argued that the Counselling and Probation (C&P) he was issued for a conduct deficiency was unjustified because the incident that led to the C&P was influenced by the treatment he was receiving for his diagnosed medical condition. He further argued that the investigation into his conduct failed to even consider his mental health status. As redress he sought to have the C&P removed from his records.

The Initial Authority, the Commander of the Canadian Defence Academy, denied redress, finding that the C&P was reasonable, justified and issued in accordance with applicable policy and procedures.

The Committee found that, although the grievor's chain of command was aware of his mental health histor, and the possible role it may have played in his conduct deficiency, the investigation that led to the issue of the C&P failed to consult the grievor's healthcare team before concluding that his behavior was nothing more than an act of misconduct. The Committee found evidence linking the grievor's diagnosed medical condition with his act of misconduct. The Committee concluded that the C&P was unwarranted and recommended that it be quashed and removed from the grievor's records.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as Final Authority, agreed with the Committee's findings and recommendation to afford the grievor redress. Therefore, the FA directed that the Commander Canadian Defence Academy ensure that this C&P be removed from the grievor's records.