# 2022-341 Careers, COVID-19

Case summary

F&R Date: 2023-05-29

The grievor received remedial measures (RM) and was released from the Canadian Armed Forces (CAF) as a result of non-compliance with the CAF COVID-19 vaccination policy. The grievor contested the CAF COVID-19 vaccination policy pursuant to the Chief of the Defence Staff (CDS) Directives on CAF COVID-19 Vaccination which were released in October and November 2021. As redress, the grievor wants all actions against her to be declared null and void

There was no Initial Authority decision because the grievances were related to a decision, act or omission by the CDS.

The Committee concluded that the CAF vaccination policy infringed on the rights protected under section 7 of the Canadian Charter of Rights and Freedoms (the Charter) and that the limitations of these rights was not in accordance with the principles of fundamental justice. The Committee viewed aspects of the policy as arbitrary and overly broad and considered its implementation as disproportionate.

The Committee found that the CAF had not shown that consideration of the public interest justified the overly broad and disproportionate implementation of the vaccination policy. The Committee concluded that the CAF had not met its obligation to ensure minimal impairment in the implementation of its vaccination policy. The Committee therefore concluded that the limitations were not justified under section 1 of the Charter.

The Committee found that the grievor was aggrieved by the CAF COVID-19 vaccination policy. The Committee recommended that the CAF cancel the related RM and Administrative Review process and decision to release the grievor, and remove any related documents from their records. The Committee recommended that the Final Authority facilitate the grievor's re-enrolment in the CAF, if the grievor so desired and was eligible. The Committee also recommended that consideration be given to financial compensation for the grievor.