# 2022-325 Careers, COVID-19, Remedial Measures

Case summary

F&R Date: 2025-01-24

Remedial measures were imposed on the grievor because she had not complied with the Canadian Armed Forces (CAF) COVID-19 vaccination policy. The grievor challenged the CAF's COVID-19 vaccination policy and the obligation to disclose her vaccination status.  

There was no Initial Authority decision in this file because the grievance concerned a decision, act or omission of the Chief of the Defence Staff.  

The Committee conducted an in-depth analysis to determine whether the CAF's COVID-19 vaccination policy infringed on the rights protected under section 7 of the Canadian Charter of Rights and Freedoms (the Charter), specifically, the right to liberty and security of the person. The Committee determined that the policy infringed on the rights protected under section 7 of the Charter and that this infringement was not in accordance with the principles of fundamental justice. The Committee considered certain aspects of the policy to be arbitrary and overly broad and concluded that the implementation of the policy was disproportionate. The Committee then conducted a comprehensive analysis to determine whether this infringement on protected rights was justified under section 1 of the Charter. 

The Committee found that the CAF had not demonstrated that the public interest justified the overly broad and disproportionate implementation of the CAF's COVID-19 vaccination policy, 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 met its obligation to ensure a minimal impairment of Charter rights in the implementation of this policy. The Committee therefore concluded that this infringement on protected rights was not justified under section 1 of the Charter. 

Furthermore, the Committee found that the remedial measures should not have been imposed on the grievor because she was exercising a Charter right. Finally, the Committee concluded that these measures were unreasonable owing to serious breaches of procedural fairness. 

The Committee also conducted an in-depth analysis to determine whether the obligation to record one's vaccination status in the Monitor Military Administrative Support System, according to the CAF's COVID-19 vaccination policy, infringed on the rights guaranteed by section 8 of the Charter and the Privacy Act. The Committee found that, given the fact that the impact was minimal and was outweighed by the public interest, the policy was justified and proportionate. 

The Committee recommended that the Final Authority cancel the remedial measures imposed on the grievor.