# 2023-035 Careers, COVID-19

Case summary

F&R Date: 2024-07-24

The grievor disputes the recorder warning (RW) he received concerning the attestation of his vaccination status. He expressed concerns about the disclosure of his vaccination status, which, in his opinion, was protected by the Privacy Act. As redress, the grievor seeks a written response to the concerns he raises and a more thorough investigation concerning these circumstances.

The Initial Authority found that the RW was warranted and administered according to the policy.

The Committee concluded that the Canadian Armed Forces COVID-19 Vaccination Policy infringed on Charter of Rights and Freedoms protected rights, noting arbitrary and overly broad policy elements. Further, the policy's implementation did not minimally impair protected rights in the pursuit of the public interest. As a result, the Committee found the policy unreasonable. The Committee also found that the requirement of the policy to disclose vaccination status was justified and proportional, and the grievor was not aggrieved by it.

The Committee noted significant procedural fairness breaches in the RW issued to the grievor; therefore, the Committee found the grievor aggrieved and recommended that Final Authority direct the cancellation of the RW.