ARMED FORCES |
Rockman v. Canada (Attorney General)
T-694-97
Pelletier J.
15/2/00
20 pp.
Application for judicial review of decision by Career Review Board to change applicant's release status--Applicant member of Canadian Armed Forces--Applied for release from Forces under Force Reduction Plan 1996 (FRP96)--Career Review Board changing release status to "5(f)--Unsuitable for further service--Suitability C" as applicant violated Canadian Forces Drug Policy in offering drugs to undercover police constable--Applicant losing FRP status, associated financial benefits--Claiming not given opportunity to meet case against him--Applicant using illicit drugs, encouraging others to use them as well--Found with quantity of marijuana on person--No evidence tape recording of conversation between him, undercover officer existed--Unedited police report disclosed to applicant herein although copy not given to him prior to being invited to make submissions--Applicant knew gist of case against him--Finding by Career Review Board applicant had engaged in drug trafficking pre-condition to being released from Forces--Resolution of credibility issue significant step in Board's ultimate disposition of applicant's rights--No reason for Court to order new hearing if applicant failing to show reason to question evidentiary value of document--No substantive injustice occurred notwithstanding procedural defect--Court declining to send matter back for new hearing--Cases relied on by applicant not conferring right to make submissions directly to Release Authority once Career Review Board recommendations known--Application dismissed.