# 2022-324 Careers, COVID-19

Case summary

F&R Date: 2025-02-27

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 Remedial Measure (RM) issued for non-compliance with this policy. As redress, he requested a temporary accommodation until a vaccination became available that did not violate his beliefs and that no administrative action be taken against him.

The Initial Authority (IA) noted that the grievor had not provided sufficient information regarding his religious affiliations to assess how vaccination interfered with his religious practices or how these beliefs prevented vaccination. The IA also found that since the grievor was not granted religious accommodation, administrative action was appropriate.

The Committee found that the grievor had failed to establish the religious nexus required to grant a religious accommodation in accordance with Defence Administrative Order and Directive 5516-3, Religious or Spiritual Accommodation. Therefore, the Committee found that the accommodation denial was reasonable.

The Committee also considered whether the CAF COVID-19 vaccination policy infringed on the protected rights of CAF members 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 did infringe on these rights because, in some respects, the policy was arbitrary and overly broad, and because its implementation was disproportionate. The Committee concluded that such limitations were not justified under section 1 of the Charter. As such, the Committee found that the RM issued to the grievor was unjust and recommended that the RM be quashed by the Final Authority.