# 2022-269 Careers, COVID-19

Case summary

F&R Date: 2024-04-29

The grievor contested the Canadian Armed Forces (CAF) COVID-19 vaccination policy. The grievor also disputed the denial of a request for religious accommodation, as well as the remedial measures (RM) issued for non-compliance with the CAF COVID-19 vaccination policy.

The Initial Authority (IA) provided decisions on the denial of the grievor's religious accommodation request and the administration of RM. The IA found that the grievor had been treated fairly in accordance with applicable rules, regulations and policies.

The Committee found that the grievor had failed to establish the religious nexus required to gain approval of the religious accommodation request as required by Defence Administrative Order and Directive 5516-3, Religious or Spiritual Accommodation. The Committee found that the grievor's religious accommodation request was treated and considered reasonably.

The Committee then conducted an in-depth analysis of whether the CAF vaccination policy infringed on the 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 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 then found that the RM issued to the grievor pursuant to the CAF COVID-19 vaccination policy were unjustified, as the grievor was exercising a protected Charter right.

The Committee recommended that the Final Authority afford partial redress by quashing the RM and removing all relevant documentation from the grievor's personnel record.