# 2022-023 Careers, COVID-19

Case summary

F&R Date: 2023-01-30

The grievor grieved the Canadian Armed Forces (CAF) COVID-19 vaccination policy pursuant to the Chief of the Defence Staff (CDS) Directives which were released in October and November 2021. Notably, the Directives introduced mandatory vaccination as a requirement for all CAF members to perform work-related duties, and set out requirements for requesting an exemption or accommodation on protected grounds of discrimination. The grievor contended that the policy coerced him into accepting the COVID-19 vaccination which he did not want to receive, out of fear of losing his employment and income. He believed that the vaccination policy was unlawful because it violated section 7 of the Canadian Charter of Rights and Freedoms (the Charter). He requested as redress that the CDS Directives be rescinded.

There was no Initial Authority decision, given the decision being grieved concerned a decision, act or omission of the CDS.

The Committee conducted an in-depth analysis of whether the CAF vaccination policy infringed the protected rights under section 7 of the Charter; namely the right to liberty and security of the person. The Committee concluded that the CAF vaccination policy infringed on the rights protected under section 7 of the Charter and that the limitations of these rights was not in accordance with the principles of fundamental justice. This was because the Committee viewed the policy, in some aspects, was arbitrary and overly broad, and because its implementation was disproportionate. This led to a full analysis of whether such limitation is justified under section 1 of the Charter.

The Committee found that the CAF had not shown that consideration of the public interest justified the overly broad and disproportionate implementation of the vaccination policy, despite the high vaccination rate within the CAF, and without regard for the members' occupation, duties and place of work. The Committee concluded that the CAF had not met its obligation to ensure minimal impairment in the implementation of its vaccination policy. The Committee therefore concluded that the limitations were not justified under section 1 of the Charter.

The Committee found that the disputed provisions of the CAF vaccination policy were contrary to the Charter and as such, unreasonable. The Committee also found that the grievor was aggrieved by the CAF vaccination policy. However, the Committee did not recommend redress since the said policy had been amended pursuant to CDS Directive 003, released in 2022, which superseded the earlier unreasonable versions from 2021.