# 2023-032 Careers, Accommodation, COVID-19, Remedial Measures

Case summary

F&R Date: 2025-07-30

The grievor challenged the Canadian Armed Forces' (CAF) mandatory COVID-19 vaccination policy after his request for religious accommodation was denied, leading to a recommendation for his release. He argued that his objections were sincerely religious and that the chain of command (CoC) wrongly dismissed them as personal beliefs despite his role as an ordained chaplain and Christian minister. He also questioned the fairness and scientific basis of the policy and claimed he faced harassment and discrimination over his vaccination status. He reported repeated pressure from his superiors, culminating in disciplinary actions. As redress, he sought to be retained in his position and rank without career repercussions.

The Initial Authority did not rule on this case, since the grievance concerned a decision, act or omission of the Chief of the Defence Staff (CDS). The grievance was forwarded directly to the Final Authority (FA).

The Committee found that while the CDS directive on mandatory COVID-19 vaccination had been deemed broadly unlawful in previous cases, this grievance focused on the denial of the grievor's religious accommodation. The Committee explained that, under Defence Administrative Orders and Directives (DAOD) 5516-3 - Religious or Spiritual Accommodation, the CAF must approve accommodation for sincerely held religious beliefs unless doing so causes undue hardship, breaches the law, or conflicts with operational standards as per DAOD 5023-1. The Committee determined that the grievor's beliefs were sincere and religious in nature, and that the decision makers misapplied the policy by holding him to criteria beyond what DAOD 5516-3 required. His objection to the vaccine based on the use of fetal cell lines was found to be a legitimate expression of faith, and accommodation was deemed feasible under CDS Directive 002. The Committee also found that the CoC acted inappropriately and with apparent bias, particularly through repeated contact during parental leave and punitive administrative actions. The Committee concluded that the grievor's request for accommodation should have been approved and recommended that the FA quash the grievor's remedial measures and Notice of Intent for release due to non-compliance with the CDS vaccination directive, and that all related documentation be removed from the grievor's personnel file.