# 2024-294 Harassment, Discrimination

Case summary

F&R Date: 2025-02-21

The grievor argued that the Canadian Armed Forces' (CAF) definition of “minority group” fails to include members with prior United Kingdom (UK) Armed Forces service, despite various CAF policies treating these members distinctly. The grievor cited difficulties with his pension transfer, relocation expenses, and salary calculations as evidence of discrimination resulting from the absence of legal protections under the CAF's harassment policies. As redress, the grievor requested that CAF harassment policies be amended to include former UK Armed Forces members as a protected group. 

The Initial Authority was unable to render a decision within the timeframe specified under article 7.15 of the Queen's Regulations and Orders for the Canadian Forces and the grievor requested that the grievance be forwarded to the Final Authority for consideration. 

The Committee noted that CAF policies do not use the term “minority group”. Rather, the Committee noted that, as set out in Defence Administrative Order and Directive (DAOD) 5516-0, the CAF adheres to the Canadian Human Rights Act which prohibits discrimination based on certain personal characteristics including “national origin”. The Committee also observed that DAOD 5012-0 provides a broad definition of harassment and cautioned that adding a specification could be counterproductive because the policy provides harassment protection to all members, not just those who are narrowly defined. The Committee determined that the grievor was not aggrieved but highlighted that the grievor could submit a harassment complaint if he felt that he had experienced harassment, be it based on his country of origin or otherwise. 

The Committee recommended that the Final Authority not afford the grievor redress.