# 2024-181 Careers, Judge Arbour Rec. 10 – sexual-related files, Promotion Criteria

Case summary

F&R Date: 2025-08-11

The grievor challenged the decision to cancel her promotion to the rank of Lieutenant previously granted after it was determined that she lacked the prerequisite qualification. The grievor argued that medical employment limitations attributed to Harmful and Inappropriate Sexual Behaviour (HISB) experienced while on duty precluded completion of the required qualification and denial of promotion amounted to re-victimization. She requested the reinstatement of the promotion and adjustment of the date of entry into the promotion zone to the next rank. 

The Director General Military Careers, acting as the Initial Authority, granted redress finding that once a promotion takes place, it becomes legal and cannot be rescinded, regardless of whether the promotion criteria established in regulations or policies have been met. 

In the grievor's referral to the Final Authority (FA), she sought Canadian Armed Forces accountability for the cancellation, seeking acknowledgement that it was discriminatory and inconsistent with the 15 June 2018 Chief of Defence Staff Directive on retaining members affected by HISB.

The Committee determined that a promotion must meet the criteria established in regulations or policies to be lawful. As the grievor had been promoted in error due to a misunderstanding regarding the criteria applicable to her military occupation for promotion to the rank of Lieutenant, the Committee found that the decision to cancel the promotion was justified and there was no evidence of discrimination as defined in the Canadian Human Rights Act. Notwithstanding, the Committee recommended, based on the totality of the information on file and all facts in this matter, that the FA exercise the authority provided for in regulations to waive any promotion criterion and promote the grievor to the rank of Lieutenant on the one-year anniversary of her promotion to the rank of Second-Lieutenant.