The Canadian Armed Forces (CAF) Covid-vaccine mandate was an unjustified infringement of Charter rights, the CAF grievance board has ruled, while hundreds of active and former members of the CAF have joined a lawsuit against it.
“Arbitrary” CAF vaccine mandate violated Charter rights of member: grievance ruling | True North | Cosmin Dzsurdzsa:
July 5, 2023 - "A recent ruling by the Canadian Armed Forces Grievance Board (CAFGB) found that the Canadian Armed Force’s (CAF) mandatory Covid-19 vaccination policy violated the Charter rights of a member who was released for refusing to get vaccinated. The CAFGB is in charge of reviewing official grievances launched by CAF members.
"In its ruling, the CAFGB stated that the CAF’s vaccination policy infringed on the member’s right to liberty and security of the person under Section 7 of the Canadian Charter of Rights and Freedoms. The watchdog also found that the policy, which came in place at the height of the pandemic via an order by General Wayne Eyre, was arbitrary, overly broad and disproportionate.
“'The Committee concluded that the policy infringed on the rights protected under Section 7 of the Charter and that the limitations of these rights were not in accordance with the principles of fundamental justice' ... declared the ruling....
The Committee concluded that the CAF had not met its obligation to ensure minimal impairment in the implementation of its vaccination policy. The Committee concluded that the limitations were not justified under Section 1 of the Charter....
"As exclusively reported by True North in Nov. 2021, unvaccinated CAF members were subject to an 'unsuitable for further service' release, which would leave a permanent stain on the members’ service record.
"As a remedial measure, the CAFGB ordered the CAF to fully reinstate the member to their former position and give them compensation for 'unjust release.” 'Additionally, the Committee found that the administrative actions against the grievor, namely the RM and release, should not have occurred as the grievor was exercising a protected Charter right. The Committee also found that the administrative actions were unreasonable due to serious breaches of procedural fairness,' wrote the CAFGB.
The Committee recommended that the Final Authority cancel the RM and facilitate the grievor’s re-enrolment in the CAF, if the grievor so desired and was eligible. The Committee also recommended that consideration be given to compensation for unjust release.
"This ruling comes amid a lawsuit filed by hundreds of unvaccinated CAF members against the Defence Ministry and the CAF’s command.
Read more: https://tnc.news/2023/07/05/caf-vaxx-mandate-violated-charter/
Read ruling: https://www.canada.ca/en/military-grievances-external-review/services/case-summaries/case-2022-078.html
Hundreds of CAF members launch $500M vaccine mandate lawsuit | True North | Andrew Lawton:
June 27, 2023 - "In a groundbreaking move, 330 active duty and former members of the Canadian Armed Forces have come together to file a lawsuit against the military for its controversial vaccine mandate. Valour Law lawyer Catherine Christensen joined True North’s Andrew Lawton to discuss the details of the case"....
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