The battle by a 65-year-old naval reservist to stay in uniform has been sunk by a federal judge. Naval Reserve Captain Robert Snook of St. John's, N.L., who reached the military's compulsory retirement age of 60 in 2020 during the height of the COVID-19 pandemic, had secured two extensions under existing Department of National Defence policies. However, attempts to secure a third exemption that would have let him serve until his 65th birthday were rejected by top brass at the Royal Canadian Navy.
A federal judge has ruled that Captain Snook's decision to take his case to court was centered around clearing his name, claiming his rejection was based on a personal dispute between him and his commanding officer. "He attributes this to an incident between the CO and himself in May 2021, and his subsequent discovery following an ATIP request that his CO had prepared a letter dated January 20, 2021 about a complaint involving him," the judge wrote.
Snook argued that ongoing recruitment shortfalls made retaining experienced officers like him a necessity for the RCN. However, the court ultimately ruled that the military's rules concerning compulsory retirement age were reasonable, and that there was no exceptional need or operational requirement to extend Captain Snook's service further.
The case was further complicated by the Department of National Defence's delay in rendering a ruling on Captain Snook's request, which took over two and a half years. This delay prompted government lawyers to argue in favour of dismissing the matter, but the judge ultimately rejected this argument, stating that the decision-maker cannot delay releasing its decision and then rely on this delay to argue that the matter is moot.
