# 2013-067 - Compliance of Canadian Forces School of Military Engineering Order 5-02 with Defence Administrative...

Compliance of Canadian Forces School of Military Engineering Order 5-02 with Defence Administrative Order and Directive (DAOD) 5039-6, Delivery of Training and Education in Both Official Languages., Instruction in the Official Language of one's choice, Official Languages Act, Release - Compulsory

Case Summary

F&R Date: 2014–03–26

The grievor filed a grievance contesting his release from the Canadian Armed Forces (CAF) for having failed his occupational training course. He claims that the CAF did not meet their obligation to provide his individual training in French. He claims to have suffered an injustice and asserts that his academic difficulties were mainly due to the fact that the courses were given exclusively in English, without simultaneous interpretation of the subject matter. The grievor wants the opportunity to continue serving in the CAF in another occupational group. There was no Initial Authority decision.

Regarding the language of instruction, the Committee concluded that the CAF had failed in their obligation to deliver the grievor's individual occupational training in the official language of his choice as per Defence Administrative Order and Directive (DAOD) 5039 6, Delivery of Training and Education in Both Official Languages. Indeed, the evidence obtained showed that the grievor's courses were delivered in English, that the course materials were not translated, and that the linguistic assistance given the francophone students was inadequate.

The Committee concluded that language had contributed significantly to the grievor's failing grade.

Regarding the release process, the Committee concluded that the base personnel selection officer had failed in his obligation, both to the chain of command and to the grievor, by simply accepting the commander's recommendation to release the grievor when he should have conducted a detailed review of the grievor's case.

The Committee recommended that the Chief of the Defence Staff (CDS) uphold the grievance in part, by ordering a detailed evaluation of the grievor's case to determine whether he can serve in another occupation where the instruction would be given in French, or whether his release should stand.

CDS Decision Summary

CDS Decision Date: 2015–03–13

The CDS agrees with the conclusions and recommendation of the Committee that the grievor's file be evaluated. This approach was implemented and an independent PSO carried out a complete assessment of the grievor's file. Following this assessment, the CDS said it was satisfied that the results of this analysis showed that the grievor was not eligible for the occupation of his choice. The CDS concluded that the grievor was aggrieved but could not be granted the redress sought. Given the grievor's repeated breaches, the CDS upheld his release. The CDS considers that the systemic recommendations of the Committee are, rather, observations, since the policies and directives in place are sufficient, but the problem was more related to their enforcement. Through its decision, the CDS nonetheless ordered the responsible authority to implement contracts with third parties, including the required clauses, for the delivery of an appropriate course, so that the CAF fulfills its obligations under the OLA.

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