# 2022-264 Careers, COVID-19

Case summary

F&R Date: 2024-05-30

The grievor received remedial measures and a release from the Canadian Armed Forces (CAF) because she had not complied with CAF COVID-19 vaccination policy. Her request for religious accommodation was denied. 

The initial authority did not rule on this case, since the grievance concerned a decision, act or omission by the Chief of the Defence Staff.

The Committee first considered the grievor's request for religious accommodation and concluded that the grievor had not demonstrated a connection between her religious belief and the need for accommodation, as set out in 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 evaluated in a reasonable manner.

The Committee then conducted an in-depth analysis of whether the CAF COVID-19 vaccination policy infringed on protected rights under section 7 of the Canadian Charter of Rights and Freedoms (the Charter), namely the right to liberty and security of the person. The Committee concluded that this policy infringed on these rights and that their limitations 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 limitation was not justified under section 1 of the Charter.

The Committee also concluded that the administrative measures, including the remedial measures and release, should not have been imposed on the grievor since she was exercising a Charter right. Finally, the Committee concluded that these administrative measures were unreasonable due to 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 wished and was eligible. The Committee also recommended that the FA examine the possibility of offering compensation for unjust release.