[2013] 2 F.C.R. D-11
Armed Forces
Judicial review of fact that Chief of Defence Staff (CDS) not making decision concerning military grievances submitted by applicant—Applicant accepting offer of re-enrolment from Canadian Forces as pilot from Canadian Forces Recruitment Centre—Misinformed about elements of relocation package by recruiter—Canadian Forces Relocation Adjudication Section of Director Compensation and Benefits Administration denying applicant posting allowance, real estate incentive, travel expenses, moving costs—Grievance Board analyst advising applicant that file being provided to Director General Canadian Forces Grievance Authority for review in preparation for Final Authority decision by CDS—Applicant later applying for judicial review after failing to receive ruling on grievances—However, CDS rendering decision after request by applicant that procedural fairness question of timeliness be separated from substance of complaints—CDS upholding grievance for travel expenses, denying others—Court finding herein that tangible, concrete dispute as to procedural fairness of open-ended grievance timeline not disappearing, likely to arise again—Issues whether: CDS unreasonably delaying exercise of jurisdiction in present case; Court having jurisdiction to impose time limit on military grievances—Unreasonable in context of military to expect subordinate officer to demand that CDS rule on grievance—Applicant not making prima facie case that nature of grievance process routinely allowing for decisions by CDS in less than 43 days—Court not having jurisdiction to impose time limit on CDS—Request that Court impose timeline on all grievances essentially request for Court to rewrite Queen’s Regulations and Orders for the Canadian Forces (QR&O)—QR&O, Chapter 7 demonstrating that Parliament not choosing to impose one-year time limit—Time limits imposed on commanding officer, initial authority, but CDS exempt from timelines when acting as either initial authority or final authority in grievance—Application dismissed.
Snieder v. Canada (Attorney General) (T-249-12, 2013 FC 218, Mosley J., judgment dated March 5, 2013, 11 pp.)