# 2022-238 Careers, COVID-19

Case summary

F&R Date: 2024-05-09

Remedial measures were imposed on the grievor and she was released from the Canadian Armed Forces (CAF) because she failed to comply with the Directive on CAF COVID-19 Vaccination. The grievor contested her release, explaining that she wished to continue serving in the CAF. She said that it would be unfair to release her since vaccination is no longer mandatory for CAF members. In addition, she explained that she had experienced serious health problems in the past and that it was impossible for her to know what impact vaccination might have on her.  

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 began by looking at the grievor's request for medical accommodation. It concluded that the commanding officer failed to take into consideration the grievor's medical category and that he ignored important steps in the process. Therefore, the Committee found that the grievor's request for accommodation had not been duly considered and that the grievor had been aggrieved by the denial of the request.  

The Committee then 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 thorough analysis to determine whether this infringement on protected rights was justified under section 1 of the Charter. 

The Committee concluded that the CAF had not demonstrated that the public interest justified the overly broad and disproportionate implementation of the Directive on CAF COVID-19 Vaccination, 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 the infringement on protected rights was not justified under section 1 of the Charter.  

Furthermore, the Committee concluded that the administrative measures, including the remedial measures and the release, should not have been imposed on the grievor since she was exercising a Charter right. Lastly, the Committee found that these administrative measures were unreasonable because of 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 she so wishes and if she is eligible. The Committee also recommended that the FA consider the possibility of offering compensation for unfair release.