# 2022-277 Careers, Abuse of authority

Case summary

F&R Date: 2024-02-19

The grievor challenged direction on acceptable conduct issued by the Acting Commander Canadian Army (ACCA) to all members of the Canadian Army in February 2022. The grievor argued that the ACCA's direction unlawfully extended the application of paragraph 19.44(7) of the Queen's Regulations and Orders for the Canadian Forces (QR&O) on political speech to members of the Army Reserves, thereby overreaching his authority.

As the grievance concerned a decision, act or omission of an officer who is directly responsible to the Chief of the Defence Staff, it was referred to the Final Authority pursuant to subparagraph 7.13(b) of the QR&O.

The Committee agreed that paragraph 19.44(7) of the QR&O applies only to Regular Force members. However, the Committee noted that the ACCA provided numerous references when issuing his general direction on the expected standard of conduct. Other provisions of the QR&O and the Department of National Defence and Canadian Forces Code of Values and Ethics govern public statements, including political speech, that may be made by all Canadian Armed Forces members, including Reserve Force members. Consequently, the Committee found that the ACCA acted within his authority and provided lawful direction.

The Committee recommended that the Final Authority not afford the grievor redress.