Couture v. Canada ( Attorney General )
T-2530-96
Nadon J.
10/10/97
15 pp.
Application to set aside decision of National Defence officer denying applicant's application for release under Canadian Armed Forces' force reduction program 96-Applicant joined Canadian Armed Forces in August 1977-Education, both at undergraduate, graduate levels, funded by DND-In November 1995, DND announced force reduction program (FRP 96)-Program allowed for waiver of obligatory service incurred by reason of undergraduate training by Aerospace Engineers with rank of Captain-On December 7, 1995, applicant applied under FRP for release from Armed Forces-Application for release dismissed-Respondent submitting applicant had adequate alternate remedy, namely redress of grievance to Chief of Defence Staff, ultimately to Minister of National Defence under National Defence Act, s. 29, Queen's Regulations and Orders, arts. 19.26, 19.27-Applicant did not submit complaint to Chief of Defence Staff nor to Minister of National Defence-Decision of Federal Court of Appeal in Anderson v. Canada (Armed Forces), [1997] 1 F.C. 273 applied-Process prescribed by National Defence Act, s. 29, Q.R. & O., arts. 19.26, 19.27 affording adequate alternative remedy-Member must follow process unless no adequate alternative remedy-Application for judicial review struck-Whether LieutenantGeneral Fischer wrong in construing CFAO-15-7, FRP 96-Applicant incurred 110 months of obligatory service-At time of release application, he had served 55 months-At time of present application, he had served 65 months-Applicant, like any other member of Armed Forces who received undergraduate, graduate funding, must serve period of service required for each level of funding-Period relating to undergraduate degree could not be waived because it had been served-FRP 96 not allowing applicant to decide if he will serve undergraduate or post-graduate period first-Application dismissed-Canadian Forces Administrative Orders, 15-7-National Defence Act, R.S.C., 1985, c. N-5, s. 29 (as am. by R.S.C., 1985 (1st Supp.), c. 31, s. 43)-Queen's Regulations and Orders for the Canadian Forces (1968 Revision), arts. 19.26, 19.27.