# 2014-032 - Administrative Review, Drug, Release, Release - Conduct/Performance

Administrative Review, Drug, Release, Release - Conduct/Performance

Case Summary

F&R Date: 2014–08–12

The grievor challenged the decision of the Canadian Armed Forces (CAF) to release him under item 5(f), “Unsuitable for Further Service”, of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces (QR&O), after he pled guilty to a civilian charge of possession of cannabis. The Committee had to determine whether the decision was reasonable and in accordance with existing policies.

The Initial Authority (IA) denied the grievance and referred to item 20.04 of the QR&O, which prohibits the use of illicit drugs. The IA found that the decision of the Director Military Careers Administration (DMCA) to order the release of the grievor was fair and based on the assessment of the relevant criteria, in accordance with CAF policies. The IA also found that the release item was appropriate.

The Committee first found that, notwithstanding his explanations, the grievor's guilty plea proved the allegations against him. The Committee also found that the DMCA had erroneously stated that the grievor had violated his counselling and probation for a similar wrongdoing committed years earlier and for which he was released. The Committee specified that the grievor's counselling and probation period had ended years earlier and noted that he had obtained an exemption to re-enrol. On this issue, the Committee found that the error was one of word choice, but that it did not invalidate the DMCA's decision.

On the core issue, following an assessment of the facts, the applicable policies and the grievor's previous drug use or involvement, the Committee found that the grievor's release under item 5(f) was justified.

The Committee recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2015–04–21

The CDS agreed with the Committee's findings and recommendation that the grievance be denied.

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