# 2024-134 Others, Honours and Awards

Case summary

F&R Date: 2024-11-18

The grievor contended that the eligibility criteria for the Operational Service Medal (OSM) HUMANITAS medal are inequitable. When the medal was created in 2010, the requirement to receive the honour was 30+ cumulative days of service outside Canada on an approved humanitarian mission after 1 August 2009. The change in eligibility criteria communicated in Canadian Forces General Message 001/20 reduced the service requirement to 14 cumulative days from 28 April 2015 onward. The grievor argued that he had 21 eligible days; however, he was deemed ineligible because this service occurred before the effective date of the change. As redress, he requested that the eligibility criteria for the OSM-HUMANITAS be changed to recognize all personnel who served in approved humanitarian missions outside of Canada for at least 14 cumulative days after 1 August 2009.

The Assistant Chief of Military Personnel, acting as the Initial Authority (IA), denied the grievance. The IA explained that the 28 April 2015 “cut-off” date for the distinction between the 30-day and the 14-day difference for the awarding of OSM-HUM was specifically chosen by the Chief of Defence Staff (CDS) as chair of the Armed Forces Council (AFC), and upon the recommendation of the Canadian Forces Honours Policy Committee. Therefore, because this informed decision was made upon the recommendation of the AFC, and is a clear direction provided by the CDS, the IA stated that he was neither willing, nor did he possess the authority, to grant the requested redress.

The AFC recommendation and the CDS' position were established with the intent to minimize the impact of the change on positions taken by previous CDS and yet ensure the honour reflected the nature of more contemporary operational commitments.

The Committee noted that the CDS was presented with three different but all acceptable options, and he chose one for rational and justifiable reasons – knowing that this position would cause some military members to be treated differently. The Supreme Court has explained that the hallmarks of a reasonable decision are that it is based on internally coherent and rational analysis and is justified in light of the applicable facts and law. The Committee concluded that the CDS' position met this test and fell within the range of reasonable outcomes.

The Committee noted that the grievor accumulated 21 eligible days and at the time, he required 30 days to be eligible for the OSM-HUM. Therefore, the Committee found that the grievor had been treated fairly in accordance with the policies and regulations.