# 2023-161 Careers, COVID-19

Case summary

F&R Date: 2025-08-25

The grievor contested the Chief of Defence Staff (CDS) Directive on Canadian Armed Forces (CAF) COVID-19 Vaccination (“CDS Directive”), asserting that its application infringed upon his rights protected under section 7 of the Canadian Charter of Rights and Freedoms (the Charter) by forcing him to release to avoid further career consequences. The grievor requested restoration of his career and pension from the date of his release. 

As the directives grieved were issued by the CDS, article 7.13 of the Queen's Regulations and Orders for the Canadian Forces applied and therefore, there was no Initial Authority decision in the matter.

The Committee conducted an analysis of whether the CDS Directive on mandatory vaccination infringed on the grievor's protected rights under section 7 of the Charter, namely the right to liberty and security of the person. The Committee concluded that the vaccination directive infringed on the rights protected under section 7 of the Charter and was unconstitutional. This was because the Committee viewed the policy, in some respects, to be arbitrary and overly broad, and because its implementation was disproportionate. The Committee found that the grievor was aggrieved because his release was not entirely voluntary despite being classified as such. The Committee also found that the grievor should be compensated for the financial loss related to his release. The Committee recommended that, should the CAF adopt their position regarding the CDS Directive's lack of compliance with the Charter, the grievor's situation be included in any financial compensation or damages awarded to individuals mandatorily released for non-compliance with the CDS Directive on COVID-19 Vaccination.