# 2012-003 Releases, Release - Conduct/Performance, Unauthorized Drug Use

Case Summary

F&R Date: 2012–03–13

The grievor was released under item 5(f) - Unsuitable for Further Service, of the table to Queen's Regulations and Orders for the Canadian Forces (QR&O) article 15.01 after testing positive for marijuana while she was on counselling and probation (C&P) for use of illicit drugs.

The grievor objected to being released stating that, while on C&P, she was not provided with the required monthly monitoring briefings by her chain of command and did not receive any support as required by Defence Administative Order and Directive (DAOD) 5019-4 - Remedial Measures. The grievor was of the view that, if she had received proper monitoring and support, she would not have relapsed. She requested that she either be reinstated or that her release item be changed to 5(d) - Not Advantageously Employable.

The Board was of the view that, in accordance with DAOD 5019-3 - Canadian Forces Drug Control Program, when a Canadian Forces (CF) member is found to be using illicit drugs, the CF obligations are twofold. On one hand, the CF must provide assistance to help the member overcome his or her issues and, on the other hand, remedial, administrative or disciplinary actions must be taken. The Board noted that administrative action was taken after the grievor was caught using marijuana for the first time (she was placed on C&P). In addition, the Board was satisfied that assistance was made available to her; particularly, in-house treatment, weekly meetings with the Wing Addiction Counsellor and referral to Alcoholics Anonymous were offered after the initial incident. However, the grievor submitted that she attended Violence Against Women counselling to help her resolve her issues as she believed that this program was more suited for her particular needs. The grievor also stated that she was offered the opportunity to attend Bellwood Treatment Center, but was unable to do so as she had to take care of her two young children.

While the Board agreed that monthly briefings could have been beneficial to the grievor, the Board was also of the view that the grievor was quite aware that if she used drugs again, her release would likely follow since it was clearly indicated on the C&P form she signed.

Given the breach of the C&P and considering the circumstances, the Board found that the decision to release the grievor was justified and in accordance with DAOD 5019-4.

Notwithstanding, the Board agreed that the grievor appeared to have suffered some significant and unfortunate events in her personal life; more importantly, she seemed to have made sincere and concerted efforts to overcome problems, specifically by successfully completing an in-house drug rehabilitation program. In the Board's view, it would appear the grievor has rehabilitated herself and could once again be a productive and useful member of the CF.

The Board recommended that the Chief of the Defence Staff (CDS) partially grant the grievance.

The Board recommended that the CDS direct that the release item be changed to item 5(d) of the table to QR&O article 15.01 - Not Advantageously Employable.

CDS Decision Summary

CDS Decision Date: 2012–12–07

The CDS agreed with the Board's findings and recommendation that the release item be changed to item 5(d) of the table to QR&O article 15.01 - Not Advantageously Employable.