Recognition of Common-Law Status (CLS) between two Canadian Armed Forces (CAF) members.
Topic
Recognition of Common-Law Status (CLS) between two Canadian Armed Forces (CAF) members.
Case number
- 2016-090 (F&R Date: 2016–06–09)
Description
The Committee noted that when a Commanding Officer (CO) recognizes CLS, in accordance with Chief of Military Personnel Instruction (CMP Instr) 15/06 COMMON-LAW PARTNERSHIPS, it is logical that he/she does so for two individuals. Therefore, the Committee found that there should not be a requirement to have both members of a service couple request that their relationship be recognized by their respective CO, as it could potentially lead to two different decisions.
Recommendation
The Committee recommended that the Chief of the Defence Staff direct that a clause be added to CMP Instr 15/06 to clarify that a single request for recognition of CLS is sufficient when the relationship involves two CAF members.
Final Authority Decision
The CDS concurred that the CAF' instruction on common-law status is having unintended outcomes and that a situation where one CO approves a military couple common-law status while the other does not should not occur. The CDS directed the CMP to review Instruction 15/06 in order to clarify that a single submission is sufficient in cases for which two CAF members require recognition of their common-law relationship.