# 2022-209 Careers, COVID-19

Case summary

F&R Date: 2024-02-13

The grievor received remedial measures (RM) and was released from the Canadian Armed Forces (CAF) as a result of non-compliance to the CAF COVID-19 vaccination policies. The grievor disagreed with the administrative actions taken against him, stating that receiving RM and his release was punitive, coercive and violates his rights under the Canadian Charter of Rights and Freedoms (the Charter). The grievor further disagree with the release item chosen.

There was no Initial Authority decision, given that the decision being grieved concerned a decision, act or omission of the Chief of the Defence Staff.

The Committee first conducted an in-depth analysis of whether the CAF vaccination policy infringed on the protected rights under section 7 the Charter, namely the right to liberty and security of the person. The Committee concluded that the CAF vaccination policy infringed on these rights and that the limitations on these rights was not in accordance with the principles of fundamental justice. This was because the Committee viewed the policy, in some respects, to be 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 then addressed the RM and decision to release the grievor. The Committee found that the administrative actions against the grievor should not have occurred as the grievor was exercising a protected Charter right. The Committee also found that these administrative actions were unreasonable due to serious breaches of procedural fairness. The Committee found that the release item chosen was the most appropriate for the grievor's situation.

The Committee recommended that the Final Authority cancel the RM and facilitate the grievor's re-enrolment in the CAF if so desired and eligible. The Committee also recommended that consideration be given to compensation for unjust release.