# 2022-210 Careers, COVID-19

Case summary

F&R Date: 2024-04-18

The grievor received remedial measures (RM) and an administrative review (AR) was conducted as a result of non-compliance with the Canadian Armed Forces (CAF) COVID-19 vaccination policy, which ultimately led to the grievor's release from the CAF. The grievor disagreed with the denial of their religious accommodation request.

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 the limitation of these rights 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 AR, should not have occurred as the grievor was exercising a protected Charter right. The Committee also found that the grievor's release was unreasonable due to serious breaches of procedural fairness.

The Committee recommended that the Final Authority (FA) cancel the RM and the AR decision, and remove all associated documentation from the grievor's file. The Committee also recommended that the FA consider awarding the grievor financial compensation for being unjustly released, though an ex gratia payment or through reference to the Director of Civil Claims and Litigation.