# 2022-262 Careers, COVID-19

Case summary

F&R Date: 2024-06-20

Remedial measures were imposed on the grievor for failing to comply with the Directive on Canadian Armed Forces (CAF) COVID-19 Vaccination. The grievor challenged the denial of his request for accommodation, which he filed under the Canadian Human Rights Act (CHRA) and in accordance with his religious beliefs. The grievor argued that, in addition to the rights protected by the CHRA, the rights protected by the Canadian Charter of Rights and Freedoms (the Charter) should also be taken into consideration. 

There was no Initial Authority decision in 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 religious accommodation and concluded that the grievor did not demonstrate that his need for accommodation was connected to his religious belief, pursuant to Defence Administrative Order and Directive 5516-3, Religious or Spiritual Accommodation. The Committee found that the grievor's request for religious accommodation had been processed and reviewed in a reasonable manner.  

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 Charter, particularly the right to liberty and security of the person. The Committee found that this directive infringed on the rights protected by 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.  

Moreover, the Committee concluded that the administrative measures, including the remedial measures, should not have been imposed on the grievor since he 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 cancel the remedial measures imposed on the grievor.