The reality is that the Attorney General of Canada and Canadian Humans Rights Tribunals are going to squash this based on the National Defence Act, since bona fide operational requirement = universality of service = Soldier First. Without it being universal then you can't prevent the enrolment standards from allowing "with restriction" recruits.
Reference: https://www.cdn-hr-reporter.ca/hr_topics/occupational-health-and-safety/soldier-first-policy-armed-forces-upheld-federal-court-appe
"On the question of the "soldier first" policy, there is a split in the Court's decision. The Canadian Armed Forces argues in this case (and in others) that blanket rules requiring that members be free of specified disabilities are bona fide occupational requirements because any member of the Armed Forces, no matter what his or her trade or position, is a "soldier first" and can be required to engage in combat.
The Tribunal declined to apply the "soldier first" policy because it found that in a number of ways the Canadian Armed Forces contradicted this policy in its practice; by failing to demonstrate that persons in non-combat positions could be called on in a time of combat; and by granting medical waivers to members who would be in combat positions in time of war.
However, the majority of the Court finds that the obligation on members to engage in combat if required is imposed by the National Defence Act. The statute is binding and administrative practice cannot work a modification. Consequently, the majority upholds the right of the Canadian Armed Forces to base its policies regarding disability on a "soldier first" policy."
Reference: https://www.cfmws.com/en/AboutUs/PSP/DFIT/Fitness/Pages/Bona-Fide-Occupational-Requirement.aspx
What is it?
A BFOR is defined by the Government of Canada as:
“A condition of employment that is imposed in the belief that it is necessary for the safe, efficient, and reliable performance of the job and which is objectively, reasonably necessary for such performance”
Why?
Fitness screening is necessary for a CF member because of the physically demanding occupation. Ineffective job performance can result in loss of life or damage to property. Because the Canadian Human Rights Act prohibits any discriminatory practices, a CF member could say that a fitness screening is discriminatory.
Nevertheless, paragraph 15(1a) of the Canadian Human Rights Act, states that:
“It is not a discriminatory practice if any refusal, exclusion, expulsion, suspension, limitation, specification or preference in relation to employment is established by an employer based on a BFOR” (Government of Canada, 1985a).
Therefore, when establishing a occupational/fitness standard, the employer most comply with bona fide occupational requirements and must be related to the essential components of the job. Also, the employer must be ready to defend it as a BFOR.
