# 2022-246 Careers, Counselling and Probation, Judge Arbour Rec. 10 – sexual-related files

Case summary

F&R Date: 2024-01-04

The grievor contested the decision to issue her the Remedial Measure (RM) of Counselling and Probation (C&P). She asserted that she did not behave in the manner described in the Military Police (MP) investigation that led to the C&P and, as such, the grievor opted for the matter to be taken to Court Martial. The grievor opined that the issuing of the RM was in contravention of Defence Administrative Orders and Directives 5019-4 and questions whether it was issued by her Chain of Command in the spirit of character improvement or as punishment. As redress, the grievor asked that the RM be removed from her file.

The Initial Authority did not reach a decision within the prescribed time limit and, as per the grievor's request, the grievance was referred to the Final Authority (FA).

The Committee found that it was unable to conclude whether any of the evidence gathered during the MP investigation was reliable. As such, the Committee determined that without reliable evidence to show that wrongdoing likely occurred, the fundamental trigger for the RM determination process had not been met.

The Committee recommended that the FA have the C&P and all documents related to it removed from the grievor's personnel records.