[2013] 1 F.C.R. D-1
Armed Forces
Judicial review of Service Pension Board’s (SPB) decision under Canadian Forces Superannuation Act, R.S.C., 1985, c. C-17 (CFSA) reversing previous decision on reason for applicant’s retirement—In SPB’s decision, SPB amended reason for applicant’s retirement, now falling under CFSA, s. 16(1)(d) (disability), entitling applicant to immediate medical pension—Applicant member of Regular Force of Canadian Forces for several years until released for reason set out in Item 5(f) of Queen’s Regulations and Orders for the Canadian Forces (QR&O), art. 15.01, namely, “Unsuitable for Further Service”—Applicant’s numerous administrative procedures to have reason for release amended to state released for “medical grounds” dismissed—Whether SPB has jurisdiction to grant remedy sought by applicant—Even if SPB had discretion to change reason for applicant’s release from “Unsuitable for Further Service” to “medical grounds” in context of judicial review, Court cannot compel SPB to do so—Clearly CFSA not containing any provisions allowing SPB to impose its decision on Chief of Defence Staff (CDS); CDS alone having power to determine reasons for retirement of member of Forces under National Defence Act, R.S.C., 1985, c. N-5, s. 18, relevant orders—SPB’s jurisdiction limited to determining reason for release of Regular Force member solely for purposes of CFSA—Applicant spending most of efforts on having rights to pension recognized, finally successful—Application dismissed.
Dufour v. Canada (Attorney General) (T-1489-11, 2012 FC 1243, Scott J., judgment dated October 25, 2012, 10 pp.)