# 2023-120 Releases, COVID-19

Case summary

F&R Date: 2024-01-25

The grievor was denied a religious accommodation request and subsequently released from the Canadian Armed Forces (CAF) as a result of non-compliance to the CAF COVID-19 vaccination policies. The grievor disagreed with the release item chosen and the denial of his accommodation request, stating that his sincerely held religious belief should be protected under the Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms (the Charter).

For Committee file 2023-120, there was no Initial Authority (IA) decision, given that the decision being grieved concerned a decision, act or omission of the Chief of the Defence Staff.

For Committee file 2023-130, the IA rejected the grievance on the grounds that it was submitted beyond the time limit and would not be in the interests of justice to consider it further.

The Committee first addressed the grievor's religious accommodation request, finding that the grievor had not established a religious nexus to the request, as required by Defence Administrative Order and Directive 5516-3, Religious or Spiritual Accommodation. The Committee found that the grievor's religious accommodation request was treated and considered reasonably.

The Committee then conducted an analysis of whether the CAF vaccination policy infringed on the protected rights under section 7 of the Charter, namely the right to liberty and security of the person. The Committee concluded that the CAF vaccination policy infringed on the rights protected under section 7 of the Charter and that the limitations of these rights was not in accordance with the principles of fundamental justice. This was because the Committee viewed the policy, in some aspects, to be arbitrary and overly broad, and because its implementation was disproportionate. This led to an analysis and conclusion that such limitation was not justified under section 1 of the Charter.

The Committee then addressed the grievor's release and found it should not have occurred, as the grievor was exercising a protected Charter right. The Committee also found that his release was unreasonable due to serious breaches of procedural fairness.

The Committee recommended that the Final Authority cancel the decision to release and facilitate the grievor's re-enrolment in the CAF, if so desired and eligible.