Accommodation of Religious and Spriritual Requirements, Practices and Observances

 

Spiritual and Religious Accommodation in the CAF

 

In accordance with DAOD 5516-3 (DAOD 5516-3, Religious or Spiritual Accommodation - Canada.ca),                                                          The duty to accommodate is the obligation of the CAF, by the adoption of measures, to eliminate disadvantages to CAF            members and applicants resulting from a rule, policy, practice or barrier that has or may have an adverse impact on                   individuals or designated groups protected under the Canadian Charter of Rights and Freedoms and the Canadian                     Human Rights Act.

According to the CAF Spiritual and Religious Accommodation Policy, "An accommodation based on religious or spiritual grounds may require making some specific adjustment or alteration to, for example, policies, standard operating procedures or routine practices, in order that a CAF member can continue to serve or an applicant can enrol in the CAF while adhering to their religious or spiritual belief" (DAOD 5516-3).

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To provide greater context, the duty to accommodate in the CAF and the 2016 CAF Spiritual and Religious Accommodation policy was driven by the Supreme Court of Canada (SCC) Ruling in 2004 in the case of Syndicat Northcrest v. Amselem.  Within the final ruling of this case, the judges seated on the SCC ruled that the parties represented under the family name Amselem acted accordingly to their sincerely held belief that did not need to be justified by religious or spiritual doctrine.  As such they were allowed to continue their practice of constructing temporary structures on their balconies in accordance with their belief system as long as it did not present a health and/or safety risk or cause undue or unreasonable hardship upon residents (Syndicat Northcrest v. Amselem - SCC Cases (scc-csc.ca).  Essentially the ruling demonstrated that while there were other alternatives, these additional options were not necessary as the accommodation being requested was not unreasonable, was for a set period of time, and was clearly an important part of the beliefs and practices of the parties represented by Amselem in this case.  

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Therefore, it is important to know your rights and freedoms as Canadians and as members of the CAF, and never hesitate to raise a spiritual or religious accommodation request through your CoC, or talk to a Chaplain for their advise and guidance in starting this process.  DAOD 5516-3 states: 

         The process for making a request for an accommodation based on religious or spiritual grounds, and its consideration by the                   chain of command, is as follows:

             a. the CAF member or applicant must complete and sign Part 1 of form DND 2983-E, Request for
             Religious or Spiritual Accommodation, identifying clearly and in as much detail as is required, the
            exact nature of the religious or spiritual belief which requires an accommodation (DAOD 5516-3).

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Remembering that the onus to accommodate falls upon the Commanding Officer, each request is not vetted as to whether it is can be approved but rather if there is a reason that it cannot be approved, such as causing harm to the member or others, or carrying a cost or resources that are unreasonable for the CAF and/or the unit the sustain, or cause the member to no longer meet universality of service and no longer be able to be deployable or fit for service in the CAF.  In most cases the accommodation is granted with minor considerations provided from the CO to ensure that their mission or the deployability of the member is not hindered, however, in other cases there needs to be a great deal of consideration given yet it needs to be remembered that a religious or spiritual accommodation request, as long as it is stated to be a sincerely held belief, is a human right and freedom of each member and in all negotiations must be treated as such. 

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With all of this in mind please note below that we have highlighted many of the significant days and observances of many of the faith and spiritual groups found within the Canadian context.  Please note that this list is not meant to be exhaustive, and there are many regional or cultural differences found within each faith/religious/spiritual tradition, and each accommodation request needs to be viewed with respect to the beliefs and practices being expressed by the member posing the request.  Additionally, we ask that if you do have a tradition and/or practice that is not found on this list that you would like added, or if you have concerns/additions to be made to anything on this list please email RMC chaplain positional mailbox at: ​RMC.Chaplains-Aumoniers.CMR@forces.gc.ca.

           Significant days and observances listed by Faith

  First Nations / Indigenous Spirituality

Note:  Various First Nartions bands may have unique spiritual observances which are not considered formal religious holy days, but may require accommodation, such as special worship.

  Bahai Faith

The Nine Holy Days on which work should be suspended:

* Individuals observing the Birth of Bahaullah and the Birth of The Báb generally follow the tenet that all kinds of occupations should be suspended.

 

  Buddhism

From a specific Buddhist point of view, no single observance can be said to be so inflexible that religious accommodation must be exercised. Buddhists understand these to be symbolic days, which is why the days are often celebrated on a Sunday closest to the Full Moon Day / 15th day following the Full Moon, etc.

Events often begin with a visit to a local temple where participants engage in activities such as distributing food to the poor or offering items to monks at the temples. Evenings usually consist of meditation and chanting Buddha's teachings.

Legend: Festivals important to different schools or backgrounds are indicated as follows:   M - Mahāyāna school,  T - Theravāda school.

C - Canadian,  NA - North American.  B - Burmese,  Ch - Chinese,  J - Japanese,  K - Korean,  Ka - Kampuchean,  L - Laotian,  S - Sinhalese,  Th - Thai,  Ti - Tibetan, V - Vietnamese.

Note: In the Western world, Buddhists generally celebrate festivals on the Sunday nearest the actual date.The listed observances generally require accommodation for special worship.

Christianity

• Epiphany - W

• Theophany - E New

• Armenian Christmas

• Christmas - E Old

• Feast of Theophany - E Old

• Holy (Maundy) Thursday - E, W

• Good Friday - W

• Easter - W

• Holy Friday - E

• Pascha - E

• Christmas - W, E New

Legend:  E (Eastern Calendar);  W (Western Calendar);  Old (Old Calendar);  New (New Calendar)

 Other than the traditions/festivals/events which are often statutory holidays, there are no work-restricted holy days within the Christian faith by tenet.

Hinduism

• Makar Sankranti

• Vasanta Panchami

• Holi (last day)

• Sri Krishna Jayanti (Also called Janmashtami)

• Diwali

Note: The listed observances generally require accommodation for special worship and food restrictions (no work restrictions)..

Islam

• Ramaḍān*

• 'Īd al-Fiṭr

• ʻĪd al-Aḍḥá

Note:  The listed observances generally require accommodation for both suspension/restriction of work, special worship and food restrictions..

Friday prayers are perhaps less clear and probably should be negotiated with those involved.  Friday itself is not a holiday, and if the member/cadet is a practicing Muslim wants to attend the mosque prayer time, the employer /institution could negotiate the required time to go to a mosque, pray, and return, if practical.

In the Muslim calendar, a holiday begins on the sunset of the previous day.  Dates are also subject to local sighting of the new moon.

* Ramaḍān:  Although an observant would not be expected to refrain from work, it is a month of fasting throughout daylight hours ending with 'Īd al-Fiṭr.

Jainism

In the Western world, obervances/festivals are generally celebrated on the Sunday nearest the actual date.

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  Judaism

• • Pesaḥ 
    (Accommodation for Jewish Reform:  eve + first day + seventh day: non-working)
    (Accommodation for Jewish Orthodox: eve + first two days + seventh and eighth day: non-working)
     

  • Shavuot
    (Accommodation for Jewish Reform: eve of Shauvot + first day: non-working)
    (Accommodation for Jewish Orthodox: eve of Shauvot + first two days: non-working)
     

  • Tisha BAv
    (Accommodation for Jewish Reform: considered a working day)
    (Accommodation for Jewish Orthodox: non-working, beginning eve of Tish'a B'av)
     

  • Rosh Hashanah (New Years Day)
    (Accommodation for both Reform and Orthodox: beginning on the eve of Rosh Hashanah + first and second day: non-working)
     

  • Yom Kippur
    (Accommodation for both Reform and Orthodox: beginning on the eve of Yom Kippur + observed day: non-working)
     

  • Sukkot
    (Accommodation for Jewish Reform: eve of Sukkot + first day: non-working)
    (Accommodation for Jewish Orthodox: eve of Sukkot + first two days:  non-working)
     

  • Shmini Atzeret
    (Accommodation for both Reform and Orthodox: beginning on the eve of Shmini Atzeret + observed day: non-working)
     

  • Simḥat
    (Accommodation for both Reform and Orthodox: beginning eve of Simḥat Torah + observed day: non-working)

Note: Work restrictions noted in detail above.

  Scientology

No specific Religious Accommodation required. Observances are generally celebrated on the Saturday nearest the actual date.

   Shinto

No specific Religious Accommodation required. In the Western world, festivals are generally celebrated on the Sunday nearest the actual date.

Sikhism

Note: The listed observances generally require accommodation for special worship (no work restrictions).

• • Sikh New Years Day

  • Vaisakhi (Anniversary of birth of the Khalsa)

  • Bandi Chhor Divas

  • Installation of Holy Scriptures as Sri Guru Granth Sahib Ji

  • Birth date of Guru Nanak Dev Ji

  • Martyrdom of Guru Tegh Bahadur Ji

Wicca

• Litha

• Lammas

• Samhain

• Yule

Note: The listed observances generally require accommodation for special worship (no work restrictions).

Evening observances commence at sundown. Solstice observances commence at sunrise.


Zarathushti Religion  (Zoroastrianism)

• Nowruz (New Years Day in Fasli calendar)

• Nowruz (New Years Day in Shenshai calendar)

• Death Anniversary of the Prophet Zarathustra

Note: The listed observances generally require accommodation for special worship (no work restrictions however).​​

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