# 2022-125 Careers, COVID-19

Case summary

F&R Date: 2023-06-11

The grievor contested the Canadian Armed Forces (CAF) COVID-19 vaccination policy, pursuant to the Chief of the Defence Staff (CDS) Directives on CAF COVID-19 Vaccination, which were released in October and November 2021. The grievor contended that the Directives unlawfully omitted references to other vaccination-related policies in the National Defence Act and the Queen's Regulations and Orders for the Canadian Forces. As redress, the grievor originally sought to be retained in the CAF without being vaccinated. The Committee confirmed that the grievor had not been released from the CAF, and the grievor stated that he wished to be tried before a Court Martial to contest the application of the Directives.

There was no Initial Authority decision, given the decision being grieved concerned a decision, act or omission of the CDS.

The Committee conducted an in-depth analysis of whether the CAF vaccination policy infringed protected rights under section 7 of the Canadian Charter of Rights and Freedoms (the Charter); namely the right to liberty and security of the person. The Committee concluded that the CAF vaccination policy infringed on the rights protected under section 7 of the Charter and that the limitations of these rights were not in accordance with the principles of fundamental justice. The Committee viewed aspects of the policy as arbitrary and overly broad, and considered its implementation as disproportionate. This led to a full analysis of whether such a limitation is justified under section 1 of the Charter.

The Committee found that the CAF had not shown that consideration of the public interest justified the overly broad and disproportionate implementation of the vaccination policy. The Committee concluded that the CAF had not met its obligation to ensure minimal impairment in the implementation of its vaccination policy. The Committee therefore concluded that the limitations were not justified under section 1 of the Charter. 

The Committee found that the disputed provisions of the CAF COVID-19 vaccination policy were contrary to the Charter and as such, unreasonable. Therefore, the Committee found that the grievor was aggrieved by the CAF COVID-19 vaccination policy. The Committee noted that the disputed policy had been amended pursuant to CDS Directive 003 on CAF COVID-19 Vaccination, released in 2022, which superseded the earlier unreasonable versions from 2021. The Committee also noted that it does not have the authority to make recommendations on whether actions under the military justice system are warranted or not. The Committee recommended that the remedial measures issued to the grievor be cancelled and removed from their personnel records.