Release for Religious Reasons

[rocksteady]

It is my understanding that the CF can hold a person for up to 6 months upon their request to release. 

My question is: If a person was releasing due to the fact they have decided to practice a religion that does not permit them to do military service would the CF be obligated to release the person immediately so their Charter Rights under Sec 2 Fundamental Rights are not violated?

Thanks.

 

[PuckChaser]

My question is: If a person was releasing due to the fact they have decided to practice a religion that does not permit them to do military service would the CF be obligated to release the person immediately so their Charter Rights under Sec 2 Fundamental Rights are not violated?

Obligated probably only after the CF was told by the Supreme Court of Canada that they were in violation, which would probably take a whole lot longer than 6 months to sort out.

 

[STJ_Kierstead]

Editted - do not want to seem rude.

Good luck, I hope you do not regret the decission - is this your only reason for wanting out, or have other things been getting to you and this is finding a way out?

none of my business, good luck

 

[DAA]

It is my understanding that the CF can hold a person for up to 6 months upon their request to release. 
My question is: If a person was releasing due to the fact they have decided to practice a religion that does not permit them to do military service would the CF be obligated to release the person immediately so their Charter Rights under Sec 2 Fundamental Rights are not violated?
Thanks.

You are only "partially" correct.  The CF can hold a person for up to 6 months but this only occurs if the individual has already completed their initial contract, are now on their "second" contract and are NOT entitled to an "immediate" annuity, which for anyone enrolling post 2005 (I believe) will be 25 years of service.

So based on your question, there are a few things that would be looked at but what comes to mind immediately is........is the person taking up the new religion solely with the intent to by-pass the 6 month waiting period?

Other than that, it's not uncommon to have the 6-month time framed waived, provided all the checks and balances are met.

 

[rocksteady]

You are only "partially" correct.  The CF can hold a person for up to 6 months but this only occurs if the individual has already completed their initial contract, are now on their "second" contract and are NOT entitled to an "immediate" annuity, which for anyone enrolling post 2005 (I believe) will be 25 years of service.

So based on your question, there are a few things that would be looked at but what comes to mind immediately is........is the person taking up the new religion solely with the intent to by-pass the 6 month waiting period?

Other than that, it's not uncommon to have the 6-month time framed waived, provided all the checks and balances are met.

How would you make the determination the person's intent was to by-pass the 6 month waiting period? (other than them telling you that was the case) 

Also, even if they were would it not be irrelevant as they are granted the right to practice their religion under the Charter?

 

[DAA]

How would you make the determination the person's intent was to by-pass the 6 month waiting period? (other than them telling you that was the case) 
Also, even if they were would it not be irrelevant as they are granted the right to practice their religion under the Charter?

To ascertain a determination of intent would be based on "prior" history, simply put, previous requests for release and or commencing in detrimental activities that would facilitate an expedited release.  So if the member previously submitted a request, which was denied, followed shortly by a further request based on religious grounds, then it could be assumed that the reason they took up religion X may possibly have been for the sole purpose of releasing.

The CF is very accommodating of religion, so much so, that a rather "thick" publication was issued explaining many religions/practices within Canadian society.

So, it's pretty much boils down to whether or not the CF can "reasonably" accommodate such requests.  Religion or not, the 6-month period will still be imposed as it is applicable to "every" membmer of the CF who falls into that group/category.

 

[Teager]

If a CF member took up a religion that doesn't allow military service would that person not be in violation of that religion? IMO for someone to take up a religion that doesn't allow military service that person would have to be released prior to joining that religion. That is just my thought on that.

 

[PuckChaser]

How would you make the determination the person's intent was to by-pass the 6 month waiting period? (other than them telling you that was the case) 

The same way one of my subordinates was allowed to wear a beard as he's practicing Judaism. He submitted a memo, had an interview with a padre, spoke to a CF Rabbi on the phone and obtained a letter from his civilian Rabbi stating he was a practicing member of the community. This isn't as simple as "Oh I'm this religion now, let me out of my contract." The CF will do its due dilligence to ensure you're not milking the system.

 

[Pieman]

From what I recall, the 6 month wait time can be bypassed for unusual and extreme circumstances. Generally it will fall on the CO to say yay/nay to define what that is. I suspect the religious issue would be a tough sell.

 

[agc]

DAOD 5049-2 - Conscientious Objection