# 2024-158 Harassment, Judge Arbour Rec. 10 – sexual-related files

Case summary

F&R Date: 2024-12-30

The grievor contested the designated authority for her release from the Canadian Armed Forces under item 3(b), Medical, of the Table to article 15.01 of the Queen's Regulations and Orders for the Canadian Armed Forces (QR&O). The grievor sought that the Chief of Defence Staff (CDS) be designated the release authority for her case, and that an investigation into the harmful and discriminatory treatment that she received be conducted. In a related grievance, the grievor alleged that her Commanding Officer (CO) had a duty to report the occurrences of wrongdoing that she had disclosed but failed to act.

Regarding the release authority, as the grievance concerned a decision rendered by the Acting Chief of Military Personnel (A/CMP), who reports directly to the CDS, the grievance was referred directly to the Final Authority (FA) level for adjudication, in accordance with article 7.13 of the QR&O. Concerning duty to report, the Initial Authority explained that a unit CO has the authority to receive complaints of this nature and further reporting was not required.

The Committee found that under the grievor's circumstances, the Director Military Careers Administration's decision to seek A/CMP's authority to release the grievor under item 3(b) was justifiable and policy compliant. The Committee also found that there were no special circumstances justifying referring the matter to the CDS. Regarding duty to report, the Committee found that the grievor had not been aggrieved by the actions of her CO. The Committee recommended that the FA not afford the grievor redress. However, the Committee also recommended that, in the interests of justice, the CDS consider ordering an investigation into the allegations made in file 2024-158 to determine if any further action was warranted.