# 2022-076 Careers, COVID-19

Case summary

F&R Date: 2023-07-20

The grievor challenged the Canadian Armed Forces (CAF)'s COVID-19 vaccination policy. As redress, the grievor asked that the Chief of Defense Staff (CDS) Directive 002 be amended. 

There was no Initial Authority decision in this case since the grievance involved a decision, act or omission of the CDS. 

The Committee found that the CAF's COVID-19 vaccination policy infringed on the rights protected under section 7 of the Canadian Charter of Rights and Freedoms (the Charter), and that this infringement was not in accordance with the principles of fundamental justice. The Committee considered certain aspects of the policy to be arbitrary and overly broad and concluded that the implementation of the policy was disproportionate. 

The Committee found that the CAF had not demonstrated that the public interest justified the overly broad and disproportionate implementation of the CAF's vaccination policy. The Committee also found that the CAF had not fulfilled its obligation to ensure minimal impairment of Charter rights in the implementation of this policy. The Committee therefore concluded that the infringement on protected rights was not justified under section 1 of the Charter. 

The Committee found that the grievor had been aggrieved by this policy. The Committee noted that the contested policy had been amended by CDS Directive 003 on COVID-19 Vaccination, which replaced the earlier versions deemed unreasonable.