# 2022-190 Careers, COVID-19

Case summary

F&R Date: 2023-06-01

The grievor contested the remedial measures (RM) received because of non-compliance with the Canadian Armed Forces (CAF) COVID-19 vaccination policy. As redress, the grievor wants all administrative measures issued to her removed from her file.

The Initial Authority concluded that the grievor's non-compliance with the Chief of the Defence Staff Directives regarding COVID-19 vaccination constitutes disobedience of a lawful order, making the remedial measures issued to her justified.

The Committee concluded that the CAF vaccination policy infringed on the rights protected under section 7 of the Canadian Charter of Rights and Freedoms (the Charter) and that the limitations of these rights was not in accordance with the principles of fundamental justice. The Committee viewed aspects of the policy as arbitrary and overly broad and considered its implementation as disproportionate.

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. 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 grievor was aggrieved by the CAF COVID-19 vaccination policy. The Committee recommended that the CAF cancel the related RM and remove any related documents from their records.