# 2022-182 Careers, COVID-19

Case summary

F&R Date: 2025-01-23

The grievor challenged the time frame allowed to provide medical evidence to support his request for medical accommodation, which was denied (2022-152). He also challenged the Directive on Canadian Armed Forces (CAF) COVID-19 Vaccination and the requirement to disclose his vaccination status (2022-182). As redress, the grievor asked for more time to prepare his submissions to the CAF. 

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

The Committee conducted an in-depth analysis to determine whether the Directive on CAF COVID-19 Vaccination infringed on the rights protected under section 7 of the Canadian Charter of Rights and Freedoms (the Charter), particularly the right to liberty and security of the person. The Committee found that this directive 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 that some aspects of this directive were arbitrary and overly broad and that the implementation of the directive was disproportionate. The Committee then conducted a comprehensive analysis of 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 COVID-19 vaccination directive, 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.  

The Committee also conducted an in-depth analysis to determine whether the requirement to register one's vaccination status in the Monitor Military Administrative Support System under the Directive on CAF COVID-19 Vaccination, infringed on the rights protected under section 8 of the Charter and those in the Privacy Act. The Committee concluded that, given that the infringement on the rights was minimal and was outweighed by the public interest, this directive was justified and proportionate.  

The Committee determined that, since the grievor was released for medical reasons unrelated to the subject of this grievance, his request for redress became obsolete. The Committee recommended that the Final Authority not grant any redress to the grievor.