# 2022-200 Careers, COVID-19

Case summary

F&R Date: 2024-04-18

The grievor contested the remedial measures (RM) issued and the administrative review (AR) conducted as a result of non-compliance with the Canadian Armed Forces (CAF) COVID-19 vaccination policy. The grievor also grieved his release 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

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.

For the body of CAF COVID-19 vaccination policy related grievances, the Committee conducted an in-depth analysis of whether this 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 respects, 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 RM and the AR should not have occurred as the grievor was exercising a protected Charter right. A release for these reasons would have been unreasonable due to serious breaches of procedural fairness.

However, the Committee noted that separate RM were issued to the grievor for misconduct in contravention of the Defence Administrative Orders and Directives 7023-1, Defence Ethics Programme. These RM were also mentioned in the decision to release the grievor under item 5(f). While they were outside the scope of the grievance, the Committee found that there was evidence on the file that the grievor contravened the Defence Ethics Programme, which brought into question his suitability for further service. The Committee found that the decision to release the grievor was therefore justified and reasonable.

The Committee recommended that the Final Authority cancel the RM issued to the grievor pursuant to the CAF COVID-19 Vaccination Policy and remove all associated documents from the grievor's file.