# 2019-162 Releases, Release - Conduct/Performance

Case summary

F&R Date: 2020-03-17

Following an administrative review for a failed drug test for steroids, the grievor was released under item 5(f) of the table to Article 15.01 of the Queen's Regulations and Orders for the Canadian Forces. The grievor contends that he did not knowingly take steroids and that the positive test was caused by his use of a legal nutritional supplement he obtained from a national retailer.

The Initial Authority, the Director General Military Careers, determined that the 5(f) release was appropriate, noting that the grievor's release was due to the use of an illicit drug and his prior history of misconduct.

The Committee noted that the Canadian Armed Forces (CAF) relied solely on the listed ingredients of the supplement to rule out that they contained steroids. The Committee found notices published by the Food and Drug Administration in the United States and by Health Canada indicating that the supplement in question contained steroids that were not listed in the ingredients. The Committee found that the subject matter expert engaged by the CAF did not actually test the product in order to fully rule out the grievor's claim that his positive drug test was a result of the use of legally obtained supplements. Consequently, the Committee found that, contrary to Defence Administrative Orders and Directives 5019-2, there was no clear and convincing evidence that, on a balance of probabilities, illicit drug use had occurred. The Committee recommended that the grievor's release item be changed from 5(f) to 3(b), based on a previous determination by the Director Military Careers Administration that the grievor had a medical condition that would normally result in a medical release.