# 2022-145 Careers, COVID-19

Case summary

F&R Date: 2024-05-28

The grievor received remedial measures (RM) as a result of non-compliance with the Canadian Armed Forces (CAF) COVID-19 vaccination policy. The grievor also voluntarily released from the CAF in order to avoid being released under item 5(f) Service Completed – Unsuitable for Further Service, of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces for non-compliance with the Covid-19 vaccination policy. The grievor disagreed with the denial of their accommodation request and stated that the denial constituted discrimination against their religious, moral and ethical beliefs.

There was no Initial Authority decision, given that the decision being grieved concerned a decision, act or omission of the Chief of the Defence Staff.

The Committee first addressed the grievor's religious accommodation request, finding that the grievor had not established a religious nexus to the request as required by Defence Administrative Order and Directive 5516-3, Religious or Spiritual Accommodation. The Committee found that the grievor's religious accommodation request was treated and considered reasonably.

The Committee then conducted an in-depth analysis of whether the CAF vaccination policy infringed on the protected rights under section 7 the Canadian Charter of Rights and Freedoms (the Charter), namely the right to liberty and security of the person. The Committee concluded that the CAF vaccination policy infringed on these rights and that their limitation was not in accordance with the principles of fundamental justice. This was because the Committee viewed the policy, in some aspects, to be arbitrary and overly broad, and because its implementation was disproportionate. This led to a full analysis and conclusion that such limitations were not justified under section 1 of the Charter.

Additionally, the Committee found that the administrative actions against the grievor, namely the RM and the recommendation for release under item 5(f), should not have occurred as the grievor was exercising a protected Charter right. The Committee also found that these administrative actions were unreasonable due to serious breaches of procedural fairness.

The Committee recommended that the Final Authority cancel the RM and the recommendation for release under item 5(f), and remove all associated documentation from the grievor's file.