ARMED FORCES
Judicial review of decision by (Acting) Chief of Defence Staff applicant entitled under Queen’s Regulations and Orders (QR&O), s. 209.997(4) to sum limited to 30 times daily rate of incidental expense allowance for non‑commercial lodgings—Applicant, member of Canadian Forces since 1984, posted to United Nations Truce Supervisory Organization in Israel from July 10, 2000 to August 23, 2002—Applicant’s wife, children remaining in Canada during that period—While posted in Israel, applicant receiving Mission Subsistence Allowance (MSA) from United Nations—QR&O providing for certain additional compensation to members of Canadian Forces serving abroad—Under s. 209.997(3), where “quarters or rations or both are not available”, person would at relevant time be entitled to separation expense (SE) as compensation for additional expenses as result of separation from dependants of approximately US$42 per day whereas under s. 209.997(4) where “quarters and rations are available”, person would only be entitled to approximately US$4 per day— Applicant paid US$4 per day when posted in Israel—At second level of grievance procedure, member of Canadian Forces Grievance Board found in his favour holding nothing in s. 209.997 providing for reduction of SE when member in receipt of MSA—(Acting) Chief refusing to accept findings of Grievance Board—Decision of (Acting) Chief not subject to appeal, review save for judicial review under Federal Courts Act—(Acting) Chief of Defence most senior officer of Canadian Forces—Regulations, statute giving him, in respect of issues, power to prescribe “conditions and limitations” of matters under review—Standard of review of decision of (Acting) Chief of Defence Staff reasonableness simpliciter— Decision of (Acting) Chief of Defence Staff to provide applicant with separation allowance of approximately US$4 per day on basis “single quarters and rations” “available” to him in accordance with s. 209.997(4)—“Available” taking form of MSA in this case—Whether “available” means available in specie or through provision of money sufficient to secure quarters and rations—“Available” capable of many shades of meaning, must be understood in context in which used—Regulations conferring upon Chief of Defence Staff right to provide “limitations and conditions”—Officers, member’s additional expenses, not those of family, to be compensated—No reviewable error in decision of (Acting) Chief Defence Staff—Application dismissed—Queen’s Regulations and Orders for the Canadian Forces (1968 Revision), s. 209.997—Federal Courts Act, R.S.C., 1985, c. F‑7, s. 1 (as am. by S.C. 2002, c. 8, s. 14).
McManus v. Canada (Attorney General) (T‑2171‑04, 2005 FC 1281, Hughes J., order dated 19/9/05, 13 pp.)