# 2022-342 Releases, Class A Reserve Service, Judge Arbour Rec. 10 – sexual-related files, Release - Conduct/Performance, Release - Recommendation 10, Reserve Force Sexual Misconduct

Case summary

F&R Date: 2024-06-28

The grievor, a Reserve Force (Res F) member serving on Class A service, disputed being released from the Canadian Armed Forces (CAF) under Item 5(f) of the table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces in response to sexual assault allegations. The grievor argued that they were not subject to CAF regulations and orders including the Code of Service Discipline (CSD) at the time of the incident because the incident occurred at a private residence while the grievor was not performing military service.

The Initial Authority (IA) determined that while the grievor was not subject to the CSD, disciplinary and administrative actions are separate and serve different purposes. The IA found that the grievor's actions were an example of harmful and inappropriate sexual behaviour that is contrary to principles of respect, dignity, integrity, discipline and leadership. The IA concluded that the grievor's release was appropriate.

The Committee stressed that good conduct and discipline are fundamental elements of the CAF ethos and that to suggest that a Class A Res F member can perform any transgression off duty and not be subject to scrutiny of their suitability to serve is untrue and unreasonable. The Committee noted that Defence Administrative Order and Directive 5019-2 – Administrative Review, allows the CAF to consider and investigate any alleged conduct deficiency when the conduct deficiency calls into question the viability of the member's continued service. The Committee also highlighted that the Department of National Defence and Canadian Forces Code of Ethics and Values specifies that CAF members are “at all times and all places” expected to meet the values and behaviours expected of them. The Committee found that although the grievor was not subject to the CSD at the time of the incident, the CAF was not precluded from issuing administrative actions to the grievor.

The Committee found that there was clear and convincing evidence that the grievor inappropriately touched two persons, separately and without consent, breaching the values and ethics expected of CAF members. The Committee found that the circumstances were especially egregious, that the grievor had not truly appreciated the significant impact to the affected persons and that the grievor's leadership capacity was compromised. The Committee found that the severity of the grievor's conduct was incompatible with continued service as a senior leader in the CAF and that the decision to release the grievor under item 5(f) was justified and reasonable.