# 2024-208 Pay and Benefits, Policy on Legal assistance and indemnification

Case summary

F&R Date: 2025-11-06

The grievor contested the denial of legal assistance at public expense under the Treasury Board Policy on Legal Assistance and Indemnification (the “Policy”). The grievor contended that he met the three basic eligibility criteria under the Policy (acted in good faith; did not act against the interests of the Crown; and acted within the scope of their duties or course of employment with respect to the acts or omissions giving rise to the request). The grievor had been charged under subsection 32(2) of the Species at Risk Act which stipulated that “[n]o person shall possess, collect, buy, sell or trade an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species, or any part or derivative of such an individual”. As redress, the grievor asked for a review of the denial decision, reversal and granting of legal assistance

As the decision in dispute was made by the Deputy Minister (DM) of National Defence, there was no designated Initial Authority, and the grievance was forwarded directly to the Final Authority for determination.

The Committee consulted with the Office of the Legal Advisor to the Department of National Defence/Canadian Armed Forces – Claims and Civil Litigation and concluded that the grievor did not meet all the required conditions for legal assistance at public expense. The Committee agreed that the DM's denial was reasonable and consistent with the Policy, which also allows for reconsideration should new evidence or relevant information emerge. The Committee stated that the onus remains on the grievor to seek the DM's reconsideration given the Crown's decision to drop the charges. The Committee found that there was no redress to recommend for this grievance.