# 2022-241 Careers, COVID-19

Case summary

F&R Date: 2024-05-29

The grievor contested the denial of his request for a religious accommodation under the Canadian Armed Forces (CAF) COVID-19 vaccination policy, as well as the administrative actions leading to his release for non-compliance with this policy. The Initial Authority denied the grievance, finding that the grievor had been treated fairly in accordance with applicable rules, regulations, and policies.

The Committee first addressed the grievor's religious accommodation request, finding that the grievor had not established a religious nexus to the request as required by Defence Administrative Order and Directive 5516-3, Religious or Spiritual Accommodation. The Committee found that the denial of the grievor's religious accommodation request was reasonable.

The Committee then conducted an analysis of whether the CAF vaccination policy infringed on the grievor's protected rights under section 7 the Canadian Charter of Rights and Freedoms (the Charter), namely the right to liberty and security of the person. The Committee concluded that the CAF vaccination policy infringed on the rights protected under section 7 of the Charter and that the limitation of 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 and conclusion that such limitations were not justified under section 1 of the Charter.

The Committee also found that the administrative actions, namely the Remedial Measures and Administrative Review, as well as the decision to release the grievor under item 5(f), Service Completed – Unsuitable for Further Service, of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces, were unreasonable due to serious breaches of procedural fairness and the grievor was exercising a protected Charter right.

The Committee recommended that the Final Authority (FA) cancel the administrative actions and remove the associated documents from the grievor's file. The Committee also recommended that the FA consider awarding financial compensation to the grievor and facilitate his re-enrollment, if he was eligible and so desired.