# 2020-205 Careers, Initial Counselling, Remedial Measures

Case Summary

F&R Date: 2020-06-28

The grievor argued that an Initial Counselling (IC), issued to him for a conduct deficiency related to a social media post, was not warranted and infringed upon his free speech. 

The Initial Authority (IA) found that the grievor's conduct violated the Queen's Regulations and Orders for the Canadian Forces (QR&O), the National Defence Security Orders and Directives Chapter 17: Security and Social Media, and the Department of National Defence (DND) and Canadian Forces (CF) Code of Values and Ethics. The IA did not afford redress.

The Committee found that the description of the deficiency did not provide adequate detail as per paragraph 5.1 of Defence Administrative Orders and Directives (DAOD) 5019-4, Remedial Measures. 

The Committee further found that, in this case, the limits on the grievor's free speech are prescribed in the QR&O and the DND and CF Code of Values and Ethics. Based on the standard of conduct, the Committee found that there was reliable evidence, on a balance of probabilities, that the grievor demonstrated a conduct deficiency. However, the Committee found that the grievor's conduct was not serious enough to warrant a remedial measure and that such a remedial measure was excessive in light of the factors prescribed in DAOD 5019-4.

The Committee recommended that the Final Authority (FA) afford the grievor redress by directing that the IC issued to the grievor be quashed and all references to it be removed from the grievor's personnel file.

FA Decision Summary  

The FA agreed with the Committee's findings and recommendation. The IC was removed from the grievor's personnel file.