A Federal Court judge has rejected a Charter challenge to COVID-19 vaccine mandates in the Canadian Armed Forces, ruling that military members must use internal grievance channels rather than the civil courts. Blacklock's Reporter says the decision comes despite the departure or discipline of nearly 1,600 service members who refused to comply with the order.Justice William Pentney, a former deputy justice minister, dismissed the case filed by infantryman Liam Jarbeau without granting a hearing. He ruled that the proper venue for Jarbeau’s complaint was the Military Grievance External Review Committee, not the courts.“This may seem to be a harsh outcome to the plaintiff but it is the result that is compelled by the law,” wrote Pentney. “I acknowledge the plaintiff may well feel frustrated and disappointed that he has been denied his day in court. While I understand he may feel that way, it does not change the legal outcome.”.Jarbeau, who served nine years in the Armed Forces, argued he had been unfairly penalized after unsuccessfully requesting a religious exemption from the vaccine mandate. In a written statement to the court, he said military service had given him “a profound sense of purpose” and was central to his identity.The military mandate was issued November 5, 2021, by then-Chief of Defence Staff General Wayne Eyre. The directive warned that members who refused COVID-19 vaccination would face “administrative measures” that could lead to dismissal. “For those unwilling to be vaccinated, those administrative measures could culminate with release from the Canadian Armed Forces,” Eyre wrote..Figures from 2022 show 1,573 regular force members either resigned, were discharged, or faced discipline over vaccine refusal. An additional 307 civilian employees working with the Armed Forces were suspended without pay for failing to provide proof of vaccination.At the time the mandate was introduced, 92% of Armed Forces personnel were fully vaccinated. Internal documents acknowledged full compliance was unlikely. “It is expected a portion of the Canadian Armed Forces will be non-compliant under this directive,” the policy stated, but stressed the need to protect the broader workforce.A 2023 Inquiry Of Ministry presented in the House of Commons confirmed 131 service members reported adverse effects following COVID-19 vaccination, with most cases described as “minor and self-resolving in nature.”
