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Rycroft v. Canada ( Attorney General )

T-349-98

Rothstein J.

8/9/98

5 pp.

Application for judicial review concerning amendments to grievance process provided for under Queen's Regulations and Orders for the Canadian Armed Forces-Grievance process requiring complaint be sent up chain of command-Before December 2, 1994, Governor in Council highest level of authority-Since December 2, 1994, recourse to Governor in Council eliminated, Minister of Defence highest level of authority-Applicant filing complaint after leaving Armed Forces voluntarily in September 1994-Claiming benefits amounting to $69,000 before tax-Complaint disallowed by Minister of Defence on May 22, 1996-No at-large right whereby complainant, at any stage of grievance, could request complaint be submitted to Governor in Council-This could be done only in accordance with QR&Os, art. 19.26(6)-Right could only vest once complainant at stage of submitting complaint to Minister of Defence and only if this was done before December 2, 1994 with request complaint be submitted to Governor in Council-Grievance process not reaching stage prior to December 2, 1994-No vested right to have complaint considered by Governor in Council-Application dismissed-Queen's Regulations and Orders for the Canadian Armed Forces, (1968 Revision), art. 19.26.

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