A Federal Court judge has rejected a 65-year-old naval reservist's legal challenge to remain in uniform beyond the military's compulsory retirement age of 60. Naval Reserve Captain Robert Snook of St. John's, N.L., had sought to serve until his 65th birthday, but the court ruled against him.
Background of the case
Snook reached the compulsory retirement age (CRA) in 2020 during the COVID-19 pandemic and secured two extensions under Department of National Defence (DND) pandemic policies. However, his attempt to obtain a third exemption to serve until August 2025 was denied by Royal Canadian Navy (RCN) senior officers.
According to a Federal Court decision released Tuesday by Justice Phuong Ngo, Snook's legal action primarily aimed to clear his name. He alleged that the denial stemmed from a personal dispute with his commanding officer (CO) dating back to May 2021. Snook claimed that after an Access to Information request, he discovered the CO had prepared a letter in January 2021 about a complaint involving him.
Court findings
Justice Ngo's decision noted that Snook argued the CO's justification for refusing the extension was copied verbatim into the final authority decision without consideration of supporting evidence. Snook also contended that ongoing recruitment shortfalls made retaining experienced officers essential for the RCN.
However, the court found that the military's CRA rules were reasonable. RCN brass concluded that while Snook was skilled in certain areas, his skillsets were not unique within the Naval Reserve, his unit, or his region.
Procedural delays criticized
The case was further complicated by a two-and-a-half-year delay by DND in rendering a decision on Snook's extension request. Government lawyers moved to dismiss the matter as moot, but Justice Ngo criticized the delay, writing: "The decision-maker cannot delay releasing its decision and then rely on this delay to argue that the matter is moot or the remedy nugatory to escape scrutiny of judicial review."
Ngo added that had the decision been released earlier, Snook could have sought judicial review well before the expiry of his requested CRA date.
Final ruling
Despite Snook's frustration, the court upheld the military's decision. "I recognize that the Applicant contends that the final authority decision caused him to be released… and that he wished to remain in service," Ngo wrote, but concluded that "the final authority decision concluded that there was no exceptional need or operational requirement to extend the Applicant's service further."
