# 2022-271 Careers, COVID-19

Case summary

F&R Date: 2024-08-12

The grievor contested the denial of his accommodation requests pertaining to the Canadian Armed Forces (CAF) COVID-19 vaccination policy, as well as the Remedial Measures (RM) issued for non-compliance with this policy. The grievor argued that his chain of command encouraged him to release early under item 3(b) of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Force to avoid being released under item 5(f), Service Completed – Unsuitable for further service. The grievor also argued that the CAF had breached his right to privacy.

The Initial Authority found that the decision to deny the grievor's accommodation requests were reasonable and made by the appropriate authority. The Initial Authority also found that the CAF's use of the grievor's vaccination status to support the review of his accommodation requests was in accordance with the Privacy Act (PA).  

The Committee first addressed the grievor's privacy concern, concluding that the requirement to disclose his vaccination status was justified and proportional and that there was no violation of the PA. The Committee then considered the grievor's accommodation requests, finding that the CAF treated the grievor's religious accommodation request reasonably and that the grievor had not provided evidence of discriminatory treatment to support this accommodation request under the Canadian Human Rights Act.

The Committee then conducted an analysis of whether the CAF vaccination policy infringed on the grievor's 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 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. 

Finally, while the Committee found that the grievor's release under item 3(b) was unrelated to the vaccination policy and did not consider his release item further, the Committee determined that the RM were unreasonable due to serious breaches in procedural fairness. 

The Committee recommended that the Final Authority cancel the RM and remove the associated documents from the grievor's file.