# 2024-167 Careers, Judge Arbour Rec. 10 – sexual-related files, Succession Planning

Case summary

F&R Date: 2025-08-11

The grievor contested the Commander, Royal Canadian Navy's (Comd RCN) decision to permanently exclude him from consideration for a command appointment in the Royal Canadian Navy (RCN). 

As the decision grieved was rendered by the Comd RCN, who reports directly to the Chief of Defence Staff, the grievance was referred directly to the Final Authority (FA) level for adjudication, in accordance with article 7.13 of the Queen's Regulations and Orders for the Canadian Forces. Therefore, there is no Initial Authority decision in this matter.

Upon assessing the particular facts of this case against the principles of procedural fairness, the Committee determined that a greater level of transparency was owed to the grievor before permanently removing him from consideration in the RCN's succession planning. Specifically, the grievor was entitled to full disclosure of the evidence supporting this decision and an opportunity to provide representations. The Committee concluded that the lack of procedural fairness, combined with insufficient factual justification and deviations from established policy, did not support a finding that the Comd RCN's decision was reasonable. Consequently, the Committee found the decision to permanently remove the grievor from consideration for command at sea unfair and unreasonable, and that the grievor had been aggrieved. The Committee recommended that the FA afford the grievor redress by rescinding the decision and directing the matter for a new determination, taking into consideration all relevant facts, policies and procedural requirements.