# 2023-166 Careers, Judge Arbour Rec. 10 – sexual-related files

Case summary

F&R Date: 2025-03-17

The grievor maintained that the Commanding Officer Investigation that was completed was inappropriate as it did not afford him with procedural fairness, due process and resulted in the issuance of a remedial measure of Counselling and Probation (C&P). The grievor stated that the allegations made against him remain unproven and by treating the matter as a workplace conflict, his chain of command did not follow a formal procedure for administering the complaints and was able to withhold information and breach his human rights.

The Initial Authority rejected the grievance, acknowledging the grievor's explanation for why the grievance was submitted past the time limit set out in the Queen's Regulations and Orders for the Canadian Forces article 7.06, but claiming that the grievor was required to demonstrate a circumstance that was unforeseen, unexpected or beyond his control for it to be in the interests of justice to accept it, and rejecting the grievor's justification.

The Committee found that the grievor was not afforded procedural fairness in the way the complaints were administered, and that the issuance of the C&P was not policy-compliant. Further, the Committee found that there was not clear and convincing evidence to show that, on a balance of probabilities, misconduct had occurred and, as such, the fundamental trigger for the remedial measure determination process was not met as specified in Defence Administrative Orders and Directives 5019-4, Remedial Measures.

The Committee recommended that the Final Authority afford the grievor redress by having the C&P, and any reference to it, removed from the grievor's personnel records. The Committee also recommended that the grievor's Personnel Evaluation Report for fiscal year 2021-2022 be re-written to reflect the removal of the C&P.