# 2022-120 Careers, COVID-19

Case summary

F&R Date: 2024-05-27

The grievor challenged the Canadian Armed Forces (CAF) COVID 19 vaccination policy and the fact that he was obliged to disclose his vaccination status. The grievor argued that this obligation violated the Canadian Charter of Rights and Freedoms (the Charter) and the Privacy Act (PA).

The initial authority did not rule on this case, since the grievance concerned a decision, act or omission by the Chief of the Defence Staff. 

The Committee found that the CAF had not demonstrated that the public interest justified the overbroad and disproportionate application of the CAF's COVID-19 vaccination policy, in a context where military vaccination rates were high and the CAF had not taken into account the occupation, duties or place of duty of the military personnel. The Committee found that the CAF had not fulfilled its obligation to ensure that Charter rights were minimally infringed in the application of this policy. The Committee therefore found that the breach of the grievor's Charter rights was not justified under Section 1 of the Charter.

The Committee conducted an in-depth analysis to determine whether the requirement to register one's immunization status in the Monitor Military Administrative Support System in light of the CAF COVID-19 vaccination policy breached the rights guaranteed by Section 8 of the Charter and the PA. The Committee found that, given that the infringement was modest and outweighed by the public interest, this policy was justified and proportionate.

The Committee recommended that the final authority grant the grievor no redress.