# 2024-078 Careers, Counselling and Probation, Remedial Measures, Removal from Military Duties

Case summary

F&R Date: 2025-08-07

The grievor disputed their removal from command and repatriation to Canada, arguing that the actions were hasty and disproportionate to the alleged misconduct, given the absence of evidence and lack of due process.

In accordance with paragraph 7.13(b) of the Queen's Regulations and Orders for the Canadian Forces, there was no Initial Authority as the Commander (Comd) who made the decision being grieved was directly responsible to the Chief of the Defence Staff.

The Committee found that the Comd, despite the large amount of discretion afforded to them, had not exercised their authority in any sensical way to either temporarily or de facto permanently remove the grievor from command. The Unit Investigation (UI) report and its findings were found to be unreliable and procedurally unfair to the point that the Committee determined that the UI should be quashed in its entirety. The Military Police report was found to be simply a summary of the UI. As such, the Committee was unable to establish any justification for the Comd to have lost confidence in the grievor's ability to command, based on the information provided. Therefore, the Committee found that the grievor was unjustly removed from command. It followed, that any ensuing administrative actions were also found to be unjustified.

The Committee recommended that the Final Authority afford the grievor redress by removing and disposing of all records associated with the removal from command and quashing the associated administrative measures.