# 2023-108 Careers, Allowances and Benefits, COVID-19

Case summary

F&R Date: 2025-01-29

The grievor challenged the Canadian Armed Forces (CAF) mandatory COVID-19 vaccination policy and requested the reimbursement of the aircrew allowance that he had stopped receiving while he was not vaccinated and had not obtained accommodation.  

The Initial Authority denied the grievor's grievance because the grievor did not meet the eligibility conditions for the aircrew allowance, given that all crew members had to be fully vaccinated. 

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 concluded that the infringement on protected rights was not justified under section 1 of the Charter. 

The Committee also conducted an in-depth analysis to determine whether the grievor was entitled to receive the aircrew allowance. Since the Committee had concluded that some aspects of the CAF's vaccination policy were arbitrary and overly broad, and that the implementation of the measure was disproportionate, the Committee found that stopping the aircrew allowance was unreasonable. The Committee recommended that the Final Authority grant the grievor the redress requested and that the aircrew allowance be paid to him.