# 2015-289 - Administrative Review, Counselling and Probation (C&P), Drug, Release

Case Summary

F&R Date: 2015–12–30

On execution of a search warrant, the grievor was found to be attempting to manufacture a prohibited drug and he tested positive for cocaine. As a result, he was placed on Counselling and Probation (C&P) by his Commanding Officer (CO). The grievor was later found guilty by a Court Martial of an attempt to manufacture a prohibited drug and sentenced to a severe reprimand and a fine.The Director Military Careers Administration (DMCA) completed an Administrative Review (AR) and directed that the grievor be released under item 5(f) of the Table to article 15.01 of Queen's Regulations and Orders for the Canadian Forces.

The grievor argued that, having completed the C&P, there was no new information on which his CO could base the recommendation for release, or to proceed with the AR and release.

The Initial Authority, the Director General Military Careers, determined that the laying of the charge and the conviction were new pieces of information that allowed the CO to recommend release and the DMCA to proceed with the AR and release.

The Committee did not agree with the decision to release the grievor. The Committee explained that the Canadian Forces Drug Control Program (CFDCP) is based on education, detection and treatment and rehabilitation which are achieved through the application of DAOD 5019-3. The Committee found it important to note that both disciplinary and administrative actions taken all stemmed from the same single incident, the results of the search warrant.

The Committee noted that the CAF knew at the outset that the grievor had attempted to manufacture a controlled drug and had used drugs. Based on that information, the CAF chose not to recommend release but to administer a C&P in order to provide the grievor with one last chance to salvage his career. The Committee agreed with this approach.

In order to determine if there was any new information that changed from the information available at the outset, the Committee reviewed the Court Martial transcripts and concluded that they revealed no additional information that would support a release.

The Committee found that the grievor's release was not justified under the circumstances and recommended his reenrolment as soon as administratively feasible [should he so desire], with financial compensation for the time he did not serve.

CDS Decision Summary

CDS Decision Date: 2016–04–26

Case withdrawn at Final Authority level.