http://www.cfgb-cgfc.gc.ca/annual_report_2004-e.php
Decisions on CTA, IVF, haircuts, PLD etc.
There has an urban legend over the last 5 years or so that we would soon be able to have men in uniform with haircuts like the Dutch - not so - don't just get an estimate - get a haircut, soldier.
"Dress Code Policies â “ Short Hair â “ Exemptions â “ Discrimination
Early in 2000, the CF adopted a policy on Aboriginal hair dress by way of the Canadian Forces General Message (CANFORGEN) 126/98. The policy allowed Aboriginal CF members to wear long hair and braids if they so requested in writing and if they were in fact part of the Aboriginal community. Permission would be subject to operational and safety requirements. Later in 2000, the CF incorporate this policy into a new dress code that also permitted other religious and cultural groups, such as members of the Sikh community, to wear long hair.
The grievor complained that this policy was discriminatory, as he could not also wear his hair long. In particular, he pointed to the statement in CANFORGEN 126/98 about uniforms and the need to eliminate differences between members of the CF, to highlight the anomaly of allowing certain members to wear longer hair than others.
The Board found that the CF respected the grievor's right to equality. Canadian jurisprudence differed from American jurisprudence on equality: Canadian law prescribed substantive equality, whereas American law adopted formal equality. As such, Canadian law did not dictate that all groups be treated identically. In particular, the Board noted the 1995 Federal Court of Canada case of Grant v. Canada that found the RCMP respected the equality provision, despite its adoption of a policy permitting Sikh members to wear a turban while wearing the RCMP uniform. The Board also highlighted the recent Supreme Court case of Anselem to substantiate its finding that freedom of religion mandated, at times, that members of religious groups be allowed to display their religious symbols.
The Board found that the real issue in this grievance was not the isolated issue of being able to wear long hair but that of religious freedom. In this particular grievance, there was no evidence that the grievor ever requested accommodation for his own religious beliefs. If CF members who are of the Sikh faith or Aboriginal requested to wear their hair long, the dress policy was lawful in allowing them to do so. The Board recommended that the CDS deny the grievance. The CDS concurred."
Decisions on CTA, IVF, haircuts, PLD etc.
There has an urban legend over the last 5 years or so that we would soon be able to have men in uniform with haircuts like the Dutch - not so - don't just get an estimate - get a haircut, soldier.
"Dress Code Policies â “ Short Hair â “ Exemptions â “ Discrimination
Early in 2000, the CF adopted a policy on Aboriginal hair dress by way of the Canadian Forces General Message (CANFORGEN) 126/98. The policy allowed Aboriginal CF members to wear long hair and braids if they so requested in writing and if they were in fact part of the Aboriginal community. Permission would be subject to operational and safety requirements. Later in 2000, the CF incorporate this policy into a new dress code that also permitted other religious and cultural groups, such as members of the Sikh community, to wear long hair.
The grievor complained that this policy was discriminatory, as he could not also wear his hair long. In particular, he pointed to the statement in CANFORGEN 126/98 about uniforms and the need to eliminate differences between members of the CF, to highlight the anomaly of allowing certain members to wear longer hair than others.
The Board found that the CF respected the grievor's right to equality. Canadian jurisprudence differed from American jurisprudence on equality: Canadian law prescribed substantive equality, whereas American law adopted formal equality. As such, Canadian law did not dictate that all groups be treated identically. In particular, the Board noted the 1995 Federal Court of Canada case of Grant v. Canada that found the RCMP respected the equality provision, despite its adoption of a policy permitting Sikh members to wear a turban while wearing the RCMP uniform. The Board also highlighted the recent Supreme Court case of Anselem to substantiate its finding that freedom of religion mandated, at times, that members of religious groups be allowed to display their religious symbols.
The Board found that the real issue in this grievance was not the isolated issue of being able to wear long hair but that of religious freedom. In this particular grievance, there was no evidence that the grievor ever requested accommodation for his own religious beliefs. If CF members who are of the Sikh faith or Aboriginal requested to wear their hair long, the dress policy was lawful in allowing them to do so. The Board recommended that the CDS deny the grievance. The CDS concurred."
