# 2015-144 - Initial Counselling (IC), Remedial Measures

Case Summary

F&R Date: 2015–08–27

While on deployment in Afghanistan, the grievor suffered a foot injury because his weapon accidentally discharged during a firing range exercise. After being repatriated, the grievor received an initial counselling (IC) for unsafely handling his weapon.

The grievor maintained that he could not be held responsible for the discharge of his weapon, as no summary trial or court martial was convened and, as a result, negligence had not been established. He maintained that the weapon discharged accidentally, not through improper handling on his part. For those reasons, he felt that the IC was not justified.

The IA found that, given that the grievor's weapon had been inspected by a weapons technician and had been deemed to be functional, the grievor could not be discharged from his responsibility to safely handle the weapon. The IA therefore found that the IC was justified.

The Committee also found that the grievor could not remove himself from his responsibility to safely handle his weapon. The Committee noted that training within the CAF, including the training that the grievor received before his deployment, places a great deal of emphasis on safely handling weapons at all times, and it very clearly sets out the responsibility of the soldier handling the weapon. The Committee found that, in order for a shot to be fired unintentionally, a series of conditions had to be in place, and that could only occur as a result of improperly handling the weapon, which was, in and of itself, negligence. The Committee therefore recommended that the grievance be denied.

FA Decision Summary

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