Stag Special
Canadian Armed Forces (CAF) members protect Canadians every single day.
Far too many CAF members have experienced sexual harassment and sexual misconduct. In order to protect those who protect us, we must commit to and undertake systemic reform.
In May 2022, former Supreme Court Justice Louise Arbour provided the Minister of National Defence with recommendations to address these issues and better support survivors.
Defence Minister Anita Anand tabled a report in parliament Dec. 13 which outlines the reforms which will be implemented to address each one of Madame Arbour’s recommendations.
In particular, Madame Arbour’s final report, which Anand welcomed this past May, provides 48 recommendations to effect transformative change in the Department of National Defence and the Canadian Armed Forces (DND/CAF).
“As Minister of National Defence, I frequently visit military bases in Canada and travel to visit our personnel deployed abroad. I have met with thousands of Canadian Armed Forces members and Department of National Defence employees — and I am deeply proud of them,” said Anand.
“My sincere hope is every Canadian feels this same pride in the people who protect our country and who keep us safe. But, this can only happen if we rebuild lost trust by delivering transformative change. Culture change cannot happen from the top down.
“It will only succeed if it is a team effort, and it will continue to require the involvement and commitment of every DND employee and CAF member. I invite them all to take up this call to arms, and to pursue this mission with the same commitment and vigour for which they are known around the globe.”
Since receiving her report, DND/CAF analyzed, undertook consultations, and provided options to Anand on the path forward.
Pursuant to Recommendation 47, the report tabled in parliament Dec. 13 serves as Anand’s official response to all of Madame Arbour’s recommendations. As outlined in the report, she has rejected none of the 48 recommendations and has directed DND/CAF to move forward on all of them.
The report outlines the work undertaken to implement the immediately accepted 17 recommendations the steps which will be undertaken to address the remaining 31 recommendations, as well as ongoing and forthcoming DND/CAF culture change initiatives.
Madame Arbour’s recommendations range from issues such as the CAF’s definitions of sexual misconduct and harassment, to the mandate and responsibilities of the Sexual Misconduct Response Centre (SMRC) to the jurisdiction of the CAF over a number of criminal sexual offences, to issues around recruitment, military training and colleges, and internal and external oversight mechanisms.
One of Madame Arbour’s recommendations — Recommendation 5 — calls for the removal of criminal sexual offences from the jurisdiction of the CAF, both prosecutorial and investigative, with some exceptions, stating that such cases should be investigated by civilian police forces at the earliest opportunity, and that they should be prosecuted exclusively in civilian criminal courts.
As stated in her report, Anand has directed DND/CAF to implement Recommendation 5. As such, the she has asked DND/CAF to present options regarding how such jurisdictional change can occur, and to do so in consultation with federal, provincial, and territorial partners and other actors.
Anand has also further directed the implementation of this recommendation address potential issues such as: the capacity for civilian police services to investigate historical cases; Canada’s obligations under international law; the ability of civilian authorities to investigate cases outside of Canada — including civilian police force capacity to deploy to conflict zones; and discrepancies in providing victims’ services between the civilian and military justice systems, among other things.
Since receiving Madame Arbour’s report in May, a series of other recommendations have been implemented, or are in the process of being implemented.
For example, this past October, Anand announced the appointment of Jocelyne Therrien as the External Monitor — her appointment and terms of reference, which require her to oversee DND/CAF’s efforts to address Madame Arbour’s other recommendations, satisfied Recommendation 48, and will provide crucial oversight going forward.
In addition, changes to promotion and selection processes, beginning with those for general and flag officers, are underway. The SMRC has expanded its reach and services.
And work to transfer the investigation and prosecution of Criminal Code sexual offence cases from the military justice system to the civilian justice system, per Madame Arbour’s interim recommendations in the fall of 2021, is continuing.
The need for meaningful culture change is clear. While progress has been made, much work lies ahead. As we move forward, openness and transparency will be crucial.
This means that DND/CAF will continue to offer regular public briefings to parliamentarians and stakeholders on the progress that is being made, so that Canadians can hold those responsible for change to account.
“As I speak with our members and leaders at all levels, I see a strong desire for change with my own eyes. Simply put, we owe it to our people to make serious changes—we owe it to our people to have confidence in their leadership and their reporting systems,” said Chief of the Defence Staff (CDS) Gen Wayne Eyre.
“Our ability to defend our nation depends on it, and our future operational effectiveness is predicated on forming diverse and inclusive teams where everyone is able to carry out their duties to the very best of their abilities. Change is absolutely necessary, and we will do so not only because it is what Canadians rightly expect of us, but ultimately because it is the right thing to do.”
Anand is grateful to Madame Arbour and her team at Borden Ladner Gervais for their months of tireless work to produce their report which provides clear, transformative recommendations for reform.
She is grateful to DND/CAF members who spoke with Madame Arbour and her team — especially those who courageously shared their difficult experiences. Their initiative will help deliver a better institution for the next generation of sailors, soldiers, aviators, special forces, and defence civilian employees.
Progress is necessary, possible and achievable and we must work towards it together.
“Culture change is a moral and operational imperative for the Canadian Armed Forces. Earlier this year, Minister Anand accepted Madame Arbour’s Independent Comprehensive Review, and today she provided parliament with a roadmap to implementing Madame Arbour’s recommendations, and other transformative culture change initiatives,” said Parliamentary Secretary to the Minister of National Defence Bryan May.
“As her parliamentary secretary, I will continue to support the Minister of National Defence, in a sustained and continuous effort, as we create an environment where all our members feel protected and respected.”
Added Deputy Minister of National Defence Bill Matthews, “While changes to policies and processes will help break down institutional barriers and improve systems, every Defence Team member has a role to make our culture respectful, and one in which everyone feels that they belong and can contribute their best each day.”
The IECR report may evoke a range of personal responses. Resources are available to support current and former members of the Defence Team, including the SMRC which provides 24/7 confidential support by telephone at 1-844-750-1648 and by e-mail at DND.SMRC-CIIS.MDN@forces.gc.ca