# 2018-057 Releases, Release, Release - Compulsory, Release - Medical

Case summary

F&R Date: 2019-12-21

The grievor was released from the Canadian Armed Forces under Item 5(f), unsuitable for further service, after having failed a drug test for a second time. He disputed the grounds for his release, arguing that a medical release was more appropriate, given that he had employment limitations which led him to such a release and that his misconduct was connected to an injury he suffered during his service.

The Initial Authority (IA) denied the grievance, determining that the grievor's misconduct warranted the release, notwithstanding the state of his health. The IA mentioned that all released members undergo a medical examination which is reviewed by the Director – Medical Policies, who may adjust the grounds for release where released members' employment limitations warrant it.

The Committee found that after his first positive drug test, the grievor was formally reminded of his obligations and subsequently placed on counselling and probation. He nonetheless continued to consume various drugs, including ecstasy, which he admitted consuming for recreational purposes and not to manage his pain. The Committee therefore determined that the grievor's release was warranted and that item 5(f) was the appropriate grounds for doing so.

FA decision summary

The Final Authority (FA), the Director of the Canadian Forces Grievance Authority, agrees with the Committee's recommendation to reject the grievance. The FA found that chronic pain due to injury should not be taken into account as a mitigating factor in determining the reason for release for use of an illicit drug. The FA also found that it was unlikely that the consumption of the drug, described by the grievor as “recreational,” was therapeutic. The FA noted that the grievor's medical category did not mention drug dependence. As with the Committee, the Director found that the reason for release of the grievor under item 5(f) with a disability statement was appropriate. The Director found that the grievor's release was conducted in line with the applicable regulations despite a lack of communication between the chains of command.