# 2021-212 Medical and Dental Care, In Vitro Fertilization

Case summary

F&R Date: 2021-12-10

The grievor and his civilian spouse required infertility treatments as a result of male factor infertility. The grievor received funding from the Canadian Armed Forces (CAF) for intracytoplasmic sperm injection (ICSI), but he had to pay for his civilian spouse's in vitro fertilization (IVF) treatment. The grievor argued that the Spectrum of Care (SoC) application prevents gender neutral access to IVF. The Initial Authority found that medical care can only be provided to CAF members under the SoC and the decision to deny funding for IVF for the grievor's civilian spouse was reasonable and justified.

The Committee determined that, while it is recognized that both IVF and ICSI are necessary for a couple to conceive a child, the SoC is aimed at CAF members only. The Committee concluded that the SoC does not cover infertility services for spouses of CAF members. The Committee pointed out that the SoC's main goal is to restore CAF members' physical and mental well-being so that they can continue to serve.

The Committee found that the grievor was eligible for ICSI coverage, but not IVF, and that the grievor's civilian spouse was also not entitled to IVF coverage under the SoC. The Committee found that the grievor was treated fairly and in accordance with the policy. In addition, the Committee found that the SoC provided better coverage for infertility treatments, equally for male and female members, than any province or territory in Canada.

FA decision summary

The Chief of the Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.