# 2024-316 Releases, Discrimination, Medical Condition, Release - Medical

Case summary

F&R Date: 2026-01-05

The grievor contested her release from the Canadian Armed Forces under item 3(b), “On medical grounds,” from the table in Queen's Regulations and Orders for the Canadian Forces 15.01. The grievor argued that there were deficiencies in the medical treatment she received and that the decision to release her did not take into account the discriminatory situation she had experienced. As redress, the grievor requested that the decision leading to her release be reviewed.

The Initial Authority, the Director General Military Careers, determined that the grievor had not submitted her grievance within the prescribed time limit and that it would not be in the interest of justice to consider it.

The Committee pointed out that its role was not to substitute for medical experts, nor to assess whether the care provided was adequate or not, but to determine whether the decision to order the grievor's release under item 3(b), based on the presence of permanent medical employment limitations (MEL) that breach the principle of universality of service, was reasonable and justified. The Committee concluded that the medical evidence in the grievor's file supported the decision of the Director Medical Policy to assign permanent MELs to the grievor. Since the new MELs did not meet the minimum medical standard for the grievors' occupation, the Committee determined that the decision to order the grievor's release was justified and consistent with the policy. Therefore, the Committee recommended that the Final Authority not grant redress to the grievor.