Disclaimer* - Individual situations may warrant different approaches. This guide serves as information only. *We do not help write or counsel on wordings for any Redress of Grievances or Ministerial Inquiries. We make no claims on legal validity of our opinions or how the content of this guide is used.*
Scenario:
Corporal Bloggins has an illness and is on a Temporary Category (TCAT). One of his symptom brought on an argument with his boss, which resulted in disciplinary action (Summary trial/Court Martial) as well as administrative Review (AR recommending C&P (counselling and probation or item 5 release (bad)) His partner and children are stressed and his livelihood is in danger. Member wants help, treatment and to be treated fairly.
Here are the steps in order on how Corporal Bloggins should proceed;
1. He should see his Doctor to produce a treatment plan. (A treatment plan commits the CF to something that will help him and affect a release decision) This should include mental health.
*If the member cannot get adequate help from the Military Health system, he is to proceed to the Emergency at the local hospital when his symptoms are bad in order to move from the military system to the civilian one. * (This is the only way at times to get treatment)
2. Opt for a Court Martial rather than a Summary trial. (Summary trials would not be fair to the member. To elect Court Martial buys time and will most likely not be preferred (recommended to proceed) by the Judge Advocate (JAG) based on complexity. JAG's like easy cases that show clear violations of Good order and discipline which are used to reinforce appropriate behaviour in the CF.
3. Produce a memorandum to his Chain of Command (Coc) explaining not his actions which resulted in the discipline but his medical and social issues. Ask for help from his Coc, on paper, laying it all out for them to get a feel for who they are aiming to "correct".
4. The AR comes back with a disclosure package. It's not a favourable release item. File representation within 14 days with all documents related to his illness treatment plan, (medical documents) Coc memorandum and any other factors. He will be asking to complete his treatment and for a medical release based on his illness.
5. File a Redress of Grievance as well with the same documents. Stating that the CF is being unholy unjust in how they are treating him. A medical illness brought on while serving is not grounds for termination without a medical release brought on by an adequate Administrative Review of his Medical Employment Limitations. (AR/MEL) He wishes that the system not discriminate against him in allowing his condition not to be treated, hindering his livelihood now and for the future.
*(The Grievance process is long and won't do anything in his situation but it is a step and allows the member to gather his thoughts into a package he will use later on)*
6. Seek a Case Manager and see our article
https://army.ca/forums/threads/117157/post-1340772.html#msg1340772 - He will seek to be complex. He will ask for a copy of his assessment.
7. Go on sick leave if possible. No reasons to augment stress at work with his Coc. Adds to the potential of a medical release by bolstering his current condition.
8. Release item comes back. Not favourable. 6 months to release date. Court Martial decision still pending. His grievance is a non issue.
9. The member can see the Padre, Case Manager, Doctor but it won't be of much use. The cards have been dealt from Ottawa.
10. The member mentions to his spouse/mother/father that they should write a detailed email to the Minister of National Defence explaining the atrocities of how the military is treating her/their spouse/son. Clearly stating that it is affecting her/them and that it needs to stop. Provide an easy solution like: Let him stay until the treatment is done, send him out medically..stop discriminating against him.
*The member cannot sent this email. It has to be a civilian. Write enough to identify Cpl Bloggins but its an email from a concerned citizen and not from a military member which falls under the Code of Service Discipline (CSD). *
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This option is called a Ministerial Inquiry and is sent to the Minister of National Defence. The Minister has a secretary who sends the email to the CF unit who will respond on behalf of the MND. The CF has a few days to do so and so the clock makes a Chain of Command jump. The MND will not look like a fool in Question Period and as such, the CF will write a response adequate to the MND's public image. (Cpl Bloggins wife will have her husband's release decision overturned as to not have Cpl Bloggins wife bring this situation to the media thus having the MND answer a hard question on why he decided to release a member with a critical illness without any medical converge and before his treatment was done or even started. A member that clearly had issues that he let his Coc know with a memo, that he sought help and grieved the decision on many occasions*
*This Ministerial Inquiry is a last resort solution and should not be used unless every other option has been tried and tested.*
11. The member decided not to proceed with the Ministerial Inquiry, instead, he scanned and sent all of his documents to the Chief of the Canadian Forces. He explained his situation and begged for him/her to intervene on his behalf.
*The CF CWO can and would have no issues walking down to any release authority and asking questions if he/she deemed a situation contrary to his/her sound judgment. Especially since it's part of the job to care for his/her NCM's.*
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Your situation can be different and you may use this guide to entertain idea's on how to proceeds in your own way. If you do have any questions, we have our number and email on our website.
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