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Grievance & C&P Support

While one can’t grieve the “order” to be vaccinated, one can grieve the decision to not grant an accommodation.  You can grieve a decision (that does not have an order), act or omission.  Also, if the member does not like the answer from the IA (Initial Authority), then it can go to the FA (Final Authority). In most cases the FA is the CDS (Chief of Defense Staff).  So, you cannot grieve that you are going to be 5Fed, as that comes from a CDS directive. 



However, you can grieve something that was missed or omitted along the process.  For example, if you submit your affidavit and the CO (Commanding Officer) does not forward it, that is grieveable.  Another an example would be, if your CO demands something from you and shortens the timeline given in the directive without providing you a reasonable excuse (like he is going to war tomorrow) then, it would be grieveable. 


You can also grieve your CO’s decision.  However, it will basically go nowhere.  In the meantime, we recommend keeping every email, log any event using a timetable (date, time, precise location, who was present, what it was about, etc) on a memory stick and backing it up with another memory stick.  Use your own home personal computer to do so.


Also, the CAF (Canadian Armed Forces) have an Integrated Conflict and Complaint Management program (ICCM).  The ICCM program provides CAF members a way to submit, track, and resolve complaints. ICCM helps CAF members to manage conflicts and complaints by working with you to meet your personal needs and solve conflict earlier in the complaint process by providing you with support and informal options.


You can find a grievance and harassment centre on every major base.  Don't seek this out from your CoC (Chain of Command). Call the operator on the base and ask for your local CCMS (Conflict & Complaint Management Services) Main office: 1-833-328-3351. 

(Services de Gestion des Conflits et des Plaintes - SGCP)

ASk for help

Grievance Process & Templates

The NOI must go in first. Then the member needs to talk to the local grievance centre. Once the member has the letter back from the CO indicating the acceptance of the grievance and who the assisting officer will be for the member then the member can submit the formal grievance.

Commanding Officer Checklist (docx)

Download

Grievance - Notice Of Intent Memo Template (doc)

Download

Grievance - Formal Grievance Submission Template (doc)

Download

CAF Grievance process

Download PDF

Grievances References

Main References

QR&O: Volume I - Chapter 7 Grievances (Français disponible ici)

DAOD 2017-0, Military Grievances (Français disponible ici)

DGCFGA Staff Manual, Nov 16 (Director General Canadian Forces Grievance Authority) – intranet site


Acts, Regulations, Central Agency Policies and Policy DAOD

Federal Courts Act

Library and Archives of Canada Act

National Defence Act

Privacy Act

QR&O article 4.02, General Responsibilities of Officers

QR&O article 5.01, General Responsibilities of Non-Commissioned Members

QR&O Chapter 7, Grievances

QR&O Chapter 19, Conduct and Discipline

QR&O article 101.19, Appeal Committee

DAOD 2017-1, Military Grievance Process


Other References

DAOD 5012-0, Harassment Prevention and Resolution

DAOD 6001-0, Information Management

DAOD 6001-1, Recordkeeping

DAOD 7004-0, Claims By or Against the Crown and Ex gratia Payments

DAOD 7004-1, Claims and Ex gratia Procedures

DAOD 7004-2, Compensation for Loss or Damage to Personal Property

CFAO 2-15, Official Languages

CANFORGEN 056/13, Interim Guidance Canadian Forces Disclosure Process

CDS Appointment Order – Director General Canadian Forces Grievance Authority

CDS Guidance to Commanding Officers, Chapter 17, Conflict Management

National Defence Security Orders and Directives, Chapter 6, Security of Information

Defence Subject Classification and Disposition System (DSCDS)

Canadian Forces Personnel Appraisal System (CFPAS)

Notice of Intent to Grieve Form

DGCFGA intranet site

Director General Military Careers (DGMC) intranet site, Grievances

Military Grievances External Review Committee Web site

Military Police Complaints Commission Web site

Affidavit Templates

Affidavit for CAF CHRA Exemption (doc)

Download

Affidavit for CAF Religious Exemption (doc)

Download

Affidavit for CAF Medical Exemption (doc)

Download

Q&A 27 October on CAF Vaccine Mandate

Answers to general questions. Not specific legal advice. Consult a lawyer directly. 


If you wish to learn more: cchristensen@valourlaw.com

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