# 2024-006 Careers, COVID-19

Case summary

F&R Date: 2025-09-02

The grievor objected to the Chief of the Defence Staff (CDS) Directive 003 on Canadian Armed Forces (CAF) COVID-19 Vaccination for Operations and Readiness, since the directive failed to reference the National Defence Act (NDA). He claimed this omission bypassed the CAF's legal framework and set a dangerous precedent. He also stated that using Monitor Military Administrative Support System (Monitor MASS) to track vaccination status breached his privacy rights. The grievor requested that his accommodation request exempting him from COVID-19 vaccination under the Canadian Human Rights Act be approved, that all records of administrative action be removed from his personnel file, that his vaccination status be removed from Monitor MASS, and that the abuses of power under the CDS COVID-19 directives be investigated. 

In accordance with paragraph 7.13(c) of the Queen's Regulations and Orders for the Canadian Forces - Initial Authority in Respect of a Grievance, the grievance was not submitted to an Initial Authority because the decision being grieved concerned a decision, act or omission of the CDS.

The Committee acknowledged that the Final Authority (FA) disagreed with previous analysis regarding the CAF COVID-19 Vaccination Policy's constitutionality; however, the Committee found that the policy restricted the grievor's right to accept or reject medical treatment protected under section 7 of the Canadian Charter of Rights and Freedoms (the Charter) in a manner that did not satisfy fundamental justice principles. Further, the CAF did not justify these restrictions pursuant to section 1 of the Charter. For this reason, the Committee found the grievor was aggrieved.

Notwithstanding, the Committee recognized that the NDA grants the CDS the authority to issue orders and directives for the administration and control of the CAF. While the grievor asserts that the CDS Directive 003 left open the possibility for future discrimination, his assertion was hypothetical and failed to demonstrate a concrete and current adverse affect. For that reason, the Committee chose not to address CDS Directive 003 lawfulness any further.

The Committee recommended that the FA afford the grievor redress by quashing all administrative action taken against the grievor. Further, while the Committee found that requiring CAF members to disclosure their COVID-19 vaccination status during the pandemic was reasonable and necessary to ensure health protection and operational readiness, the Committee recommended the CAF review the necessity for Monitor MASS vaccination attestation now that the pandemic has ended.