# 2022-026 Careers, COVID-19

Case summary

F&R Date: 2024-04-02

Remedial measures were imposed upon the grievor and he was released from the Canadian Armed Forces (CAF) because of his failure to comply with the CAF COVID-19 vaccination policy. The grievor challenged the vaccination directives, pointing out that COVID-19 vaccines were still in the experimental phase and that some doctors questioned their safety. The grievor stressed that the Canadian Charter of Rights and Freedoms (the Charter) was in place to protect all individuals from discrimination, and that he felt discriminated against because of his desire to preserve his integrity. He submitted a request for religious accommodation in order to be exempted from the vaccination requirement. As redress, the grievor requested that the administrative process for his release from the CAF be cancelled. He asked to be allowed to keep his Class B employment in the reserve. Finally, he sought financial compensation for the losses incurred as a result of the CAF's vaccination policy. 

The Initial Authority did not rule on this case, since the grievance involved a decision, act or omission by the Chief of the Defence Staff. 

The Committee began by looking at the grievor's request for religious accommodation. It found that the grievor had not demonstrated a link between his religious belief and the need for accommodation, as set out in Defence Administrative Order and Directive 5516-3, Religious or Spiritual Accommodation. The Committee concluded that the grievor's request for religious accommodation had been dealt with and reviewed in a reasonable manner. 

The Committee conducted an in-depth analysis to determine whether the CAF COVID-19 vaccination policy infringed on the rights protected under section 7 of the Charter, specifically the right to liberty and security of the person. The Committee found that the policy infringed on the rights protected under section 7 of the Charter, and that this infringement was not in accordance with the principles of fundamental justice. The Committee considered certain aspects of the policy to be arbitrary and overly broad and concluded that the implementation of the policy was disproportionate. The Committee then conducted a comprehensive analysis to determine whether this infringement on protected rights was justified under section 1 of the Charter.

The Committee found that the CAF had not demonstrated that the public interest justified the overly broad and disproportionate implementation of the CAF's COVID-19 vaccination policy, in a context where the vaccination rate among members was high and where the CAF had not considered the occupation, tasks or place of duty of members. The Committee found that the CAF had not fulfilled its obligation to ensure a minimal impairment of Charter rights in the implementation of this policy. The Committee therefore concluded that this infringement on protected rights was not justified under section 1 of the Charter. 

Furthermore, the Committee found that the administrative measures, including remedial measures and release, should not have been imposed on the grievor since he was exercising a Charter right. Finally, the Committee concluded that these administrative measures were unreasonable owing to serious breaches of procedural fairness. 

The Committee recommended that the Final Authority (FA) cancel the remedial measures and facilitate the grievor's re enrolment, if he was eligible and so wished. The Committee also recommended that the FA consider the possibility of offering compensation for unfair release.