Military’s grievance system needs immediate reform, warns retired Canadian judge

Canadian military personnel have fewer ways to express concerns or complaints than civilian Canadians do, a retired Supreme Court justice noted in his report.

A key argument from government lawyers last week as to why the Federal Court should not reinstate Maj.-Gen. Dany Fortin as head of Canada’s vaccine rollout campaign was that if he wasn’t happy with the decision, he should have filed a grievance with his commander.

The comment was a reference to the military’s grievance process, the only legal recourse Canada’s rank and file have to raise concerns about everything from their work environment or a performance evaluation to disciplinary action taken against them – including being kicked out of uniform.

“That’s exactly what this process is intended to deal with,” Justice Department lawyer Elizabeth Richards said of Fortin’s demand during the two-day Federal Court hearing, in which the senior military officer was asking Justice Ann Marie McDonald to quash his removal from the vaccine effort in May.

Edwards later warned that if the judge agreed to Fortin’s request, other troops would try to sidestep the very process that Parliament set out for Canada’s military to address complaints from the troops.

Yet only four months ago, a retired Supreme Court justice, following a review of Canada’s military justice system ordered by Parliament, had saved some of his sharpest criticisms for that very grievance system, calling it “broken” and asserting that Canadian troops deserve better.

While Morris Fish would not comment on Fortin’s case, he told The Canadian Press in an interview this week that his sentiments about the grievance system remain unchanged – and that immediate reforms are needed to ensure the military is properly treating those in uniform.

“Canada owes them an acceptable alternative to the rights and obligations of which they’re deprived,” Fish said.

“I attach great importance to the need for reform of the grievance system. I think it’s urgent.”