Key Notes – Addressing Sexual Misconduct in the CAF

Reporting Inappropriate Sexual Behaviour

National Defence encourages all members to report any incident of inappropriate sexual behaviour.
If a CAF member is uncertain if an incident constitutes sexual misconduct, they can contact the Sexual Misconduct Response Centre (SMRC) for a confidential discussion 24 hours a day.
The SMRC can provide confidential advice and referrals to various health and support services, emotional support, and offer information on reporting options available.
SMRC does not require incidents to be reported for affected members to access support, referrals, or advice.
When CAF members report an incident to their Chain of Command, leaders must take prompt and decisive action to appropriately address the matter.
Our goal is for victims who come forward to be heard and to be safe and supported.
To the greatest extent possible, any response to a reported incident should reflect the affected member’s preferences.
Defence Team members who wish to proceed with a formal complaint have the option of reporting to their local Military Police unit or civilian police services.
Members can also report an incident directly to the Canadian Forces National Investigative Service.
We must all continue to work to create a culture where Defence Team members feel comfortable coming forward and that appropriate action will be taken without experiencing reprisal.

Key Facts

Bystander training: All CAF members who are bystanders to sexual misconduct committed by any person in the workplace or on a defence establishment are expected to act and have a duty to report to the proper authority.
Incidents of sexual misconduct reported to COC:
- 282 (1 Apr 2020 – 31 Dec 2020)
- CAF members released as a result of sexual misconduct:
- 136 (Apr 2016 – Dec 2020)
CAF members have multiple options for reporting inappropriate sexual behaviour, including to:
- Local Military Police;
- Civilian police services;
- The Canadian Forces National Investigative Service;
- DND/CAF Ombudsman;
- Integrated Conflict and Complaint Management (ICCM); or ADM(RS).

Actions to Address Allegations of Inappropriate Behaviour

The Defence Team has taken a number of steps to address the issue of sexual misconduct.
Independent investigations are ongoing.
- We continue to have confidence in these processes.
We support those who have come forward.
We encourage others to come forward to tell their stories.
We are also listening to grassroots CAF members and outside experts.
Taken together, these actions will help us address the “why?”
- For instance, why does sexual misconduct remain an issue?
- Why are victims reluctant to come forward?
Rest assured, we will continue to take appropriate steps to deliver the total culture change necessary.

Key Facts

Women in the CAF (as of 01 Jan 21)

Total: 15,584 women (16.1%)
- SSE Commitment: 25.1% by 2026
Mar 2016 – Jan 2021: # of total women increased by 1,765
Women GOFOs: 14 women (11.1%)
Mar 2016 – Jan 2021: # of women GOFOs increased by 8

Sexual Misconduct Statistics (Reported to CoC)

FY 2017-18: 360
FY 2018-19: 333
FY 2019-20: 452
FY 2020-21: 282(1 Apr 20 – 31 Dec 20)

Details

2015: Established the Sexual Misconduct Response Centre (including 24/7 bilingual confidential supportive counselling, information and referral).
2018: Launched the Sexual Misconduct Reporting System (OPHTAS) (for sexual assault incidents reported by CAF members and DND civilians).
2019: Launched the Response and Support Coordination Program (including case coordination, advocacy, accompaniment and in-person support);
2019: Created the Sexual Assault Centres in Canada Contribution Program (expecting 10 centres across Canada);
2020: Founded the Directorate of Gender Equality and Intersectional Analysis (for implementation of GBA+ in CAF operations and activities).
Expected Fall 2021: Launch initial operating capacity for the Restorative Engagement Program (for class action members and the Defence team). Full operating capacity expected in 2022.

The Path to Dignity and Respect

October 28, 2020: The Path to Dignity and Respect is launched. It includes:
- A strategic approach to cultural alignment;
- Six key guiding principles focused on addressing and preventing sexual misconduct;
- The Operation HONOUR Strategic Campaign Plan 2025; and,
- A performance measurement framework to measure, monitor, and report on Operation HONOUR.

Recruitment and Retention of Women in the Canadian Armed Forces

The Canadian Armed Forces aspires to meet employment equity goals and to harness the strength and diversity of the people we serve.
We are committed to attracting, recruiting and retaining more women in the Canadian Armed Forces across all ranks, and enabling women to achieve their goals to be senior leaders.
In fact, we launched a number of recruitment programs and initiatives to move forward this important work, to reach our goal of 25.1% women representative by 2026.
For example, we launched Operation GENERATION which is a multi-pronged, on-going mission to meet growth requirements, while achieving employment equity goals.
We are also prioritizing women applicants to military colleges, to increase the representation of women who will be the leaders of the institution in the future.
We will continue to make every effort to increase the representation of women in the forces, and to create an even more inclusive and diverse force.

Key Facts

Recruitment:

2019-2020: 10,118 individuals joined the Canadian Armed Forces, with 5,172 joining the Regular Force. Of those who joined, 1,775 (17.5%) were women.
2020-2021 (as of 21 January): 2,819 individuals joined the Canadian Armed Forces, with 1,320 joining the Regular Force. Of those who joined, 658 (23.3%) were women.

-	15/16	16/17	17/18	18/19	19/20	20/21
Women Recruited in the CAF (Regular/Reserve)	1,074	1,439	1,564	1,821	1,866^{Footnote *}	658^{Footnote *}

A number of initiatives focusing on the recruitment of women were launched over the last 24 months including: “Women in the Forces” landing page on forces.gc.ca recruiting website
2019-2020: 40% of local attraction and outreach events were focused on women.

Retention:

2015-2020: CAF attrition rate over the past 5 years remained at 8-9% for the Regular and Reserve Force, one of the lowest rates in the Five Eyes.
2015-2020: Each year, overall attrition rates for women in the Regular and Primary Reserve Force were at or lower than those of men

Women, Minority, and Indigenous representation in CAF:

-	Current	Goal
Women	16.1%	25%
Minority	9.3%	11.8%
Indigenous	2.8%	3.5%

Deschamps Report Recommendations

In 2015, Justice Deschamps conducted a review regarding the effectiveness of CAF policies, procedures, and programs in relation to sexual harassment and sexual assault.
Justice Deschamps’ recommendations focused largely on:
- Increasing support for victims, without requiring them to report;
- Establishing an independent centre for accountability for sexual misconduct;
- Developing clear policies and guidance on sexual misconduct and adverse personal relationships; and,
- Creating a strategy to effect culture change.
To address these recommendations, National Defence created policies and directives informed by research, expert guidance, consultations, and data.
For example, National Defence established the Sexual Misconduct Response Centre, independent from the chain of command, to support victims 24/7.
We have also established six Sexual Offence Response Teams operated by the Military Police to support victims of sexual misconduct and ensure timely, professional investigations.
Most recently, in November 2020, National Defence released The Path to Dignity and Respect which seeks to promote real culture change within the organization.
We continue to listen to and learn from those who have been affected by sexual misconduct to ensure culture change within the Defence team is meaningful and ongoing.

Key Facts

National Defence is working to validate the implementation of all 10 of the Deschamps report’s recommendations.
ADM(RS), in its role as independent advisor to the DM and CDS, will validate the implementation of the recommendations from the Deschamps Report and the resulting management action plans.
Once completed, the validation results will be presented to the Defence Audit Committee in the coming months.
Key dates:
- Spring 2014: Independent external review commissioned by the CDS
- July 2014: The Honourable Marie Deschamps, a former Supreme Court of Canada Justice, was asked to conduct the review
- 27 March 2015: Report delivered to the CDS
- 30 April 2015: Report released to both external and internal audiences
The report’s key findings:
- Existence of a sexualized culture within the organization;
- Low representation of women at senior leadership level;
- A perception that the Chain of Command condones sexually inappropriate conduct;
- Lack of sanctions, accountability, and trust;
- Under-reporting by victims;
- Insufficient and inconsistent support for victims;
- Policies that are unclear and/or inconsistently applied;
- Amplifying effects of rank and alcohol;
- Lack of comprehensive data and measures of outcomes; and,
- Insufficient training.

Details

Deschamps Report’s 10 Recommendations

Acknowledge that inappropriate sexual conduct is a serious problem that exists in the CAF and undertake to address it. Status: Implemented.
Establish a strategy to effect cultural change to eliminate the sexualized environment and to better integrate women, including by conducting a gender-based analysis of CAF policies. Status: Implemented.
Create an independent center for accountability for sexual assault and harassment outside of the CAF with the responsibility for receiving reports of inappropriate sexual conduct, as well as prevention, coordination and monitoring of training, victim support, monitoring of accountability, and research, and to act as a central authority for the collection of data. Status: Implemented.
Allow members to report incidents of sexual harassment and sexual assault to the center for accountability for sexual assault and harassment, or simply to request support services without the obligation to trigger a formal complaint process. Status: Implemented.
With the participation of the center for accountability for sexual assault and harassment: Status: Implemented.
- Develop a simple, broad definition of sexual harassment that effectively captures all dimensions of the member’s relationship with the CAF.
- Develop a definition of adverse personal relationship that specifically addresses relationships between members of different rank, and creates a presumption of an adverse personal relationship where the individuals involved are of different rank, unless the relationship is properly disclosed.
- Define sexual assault in the policy as intentional, non-consensual touching of a sexual nature.
- Give guidance on the requirement for consent, including by addressing the impact on genuine consent of a number of factors, including intoxication, differences in rank, and the chain of command.
With the participation of the center for accountability for sexual assault and harassment, develop a unified policy approach to address inappropriate sexual conduct and include as many aspects as possible of inappropriate sexual conduct in a single policy using plain language. Status: Implemented.
Simplify the harassment process by:
- Directing formal complaints to COs acting as adjudicators in a grievance;
- Reducing emphasis on ADR. Status: Implemented.
Allow victims of sexual assault to request, with the support of the center for accountability sexual assault and harassment, transfer of the complaint to civilian authorities; provide information explaining the reasons when transfer is not effected. Status: Implemented to the extent possible within existing CAF legal and jurisdictional limitations.
Assign responsibility for providing, coordinating and monitoring victim support to the center for accountability for sexual assault and harassment, including the responsibility for advocating on behalf of victims in the complaint and investigation processes. Status: Implemented.
Assign to the center for accountability for sexual assault and harassment, in coordination with other CAF subject matter experts, responsibility for the development of the training curriculum, and the primary responsibility for monitoring training on matters related to inappropriate sexual conduct. Status: Implemented.

Sexual Misconduct Response Centre

The Sexual Misconduct Response Centre (SMRC) provides support to CAF members and their families affected by sexual misconduct.
The SMRC operates within the Department of National Defence, reports directly to the Deputy Minister, and is outside and independent of the CAF chain of command.
SMRC’s core support services include:
- 24/7 bilingual confidential supportive counselling, information and referral by civilian counsellors; and,
- Response and support coordination, where a dedicated civilian counsellor provides support and assistance, advocacy and accompaniment affected members.
While the SMRC is not a reporting or investigative organization, it can facilitate access to official reporting mechanisms, with the consent of the affected member.
The Centre also acts as a Centre of Expertise on all aspects of sexual misconduct in the CAF.
It provides advice and guidance to CAF leadership and monitors CAF progress on addressing sexual misconduct.
The SMRC is committed to providing confidential and comprehensive services to any CAF member who reaches out and to ensuring members feels safe, supported, and heard.

If pressed on independence of the SMRC

The Department of National Defence and the Canadian Armed Forces take sexual misconduct very seriously.
That is why, in 2015, the Sexual Misconduct Response Centre was created in response to Justice Deschamps’ recommendations.
The Centre provides expertise, monitoring, and support services to members who are affected by sexual misconduct.
The Centre operates independently from the military chain of command.
Furthermore, the Centre undergoes regular reviews to ensure appropriate governance structures are in place to safeguard its independence.

Key Facts

September 2015: Sexual Misconduct Response Centre was established.
July 2017: Sexual Misconduct Response Centre expanded its service hours to 24/7.
June 2018: Sexual Misconduct Response Centre established an External Advisory Council, which provides independent and impartial third-party advice to enhance the Department’s and the Canadian Armed Forces’ efforts to prevent and address sexual misconduct in the Forces.
Aug 2019: Sexual Misconduct Response Centre expanded its programming by launching the Response and Support Coordination Program which provides affected members with a dedicated coordinator for ongoing support, assistance, advocacy and accompaniment.
2022: The next review is scheduled for 2022-2023, and an external review is expected to be conducted at this time as well, as a policy measure under the Class Action Final Settlement Agreement.
The Sexual Misconduct Response Centre also established a Contribution Program which provides funds to community-based sexual assault centres in a number of Canadian communities that have a large CAF presence.
COVID-19 Operations: Throughout the COVID-19 pandemic, the Sexual Misconduct Response Centre’s services remain fully operational, with limitations on in-person accompaniment services based on COVID-19 restrictions.

Canadian Forces National Investigation Service Investigations

All members of the Canadian Armed Forces are expected to act in a lawful manner, and in accordance with high standards of conduct and performance.
The Canadian Forces National Investigation Service (CFNIS) is responsible for investigating, reporting, and laying charges in cases of serious service and criminal offences and sensitive matters within National Defence.
Serious service and criminal offences and sensitive matters include complaints of sexual misconduct by CAF members and DND employees.
The CFNIS operates independently of the military chain-of-command and conducts investigations without interference and in accordance with the highest professional standards.
In the case of an inappropriate interference in the conduct of a CFNIS investigation, a complaint can be made to the Military Police Complaints Commission, which has the powers to investigate the complaint independently.
The Sexual Offence Response Team are dedicated investigators within the CFNIS that provide subject matter expertise on conducting sexual offence investigations.
National Defence is committed to ensuring that all Military Police investigations are independent, impartial, and conducted in a manner that helps victims feel safe and supported.

Key Facts

Established in 1997: the Canadian Forces National Investigation Service (CFNIS) is a specialized unit established within Canadian Forces Military Police Group.
CFNIS mandate: investigate serious service and criminal offence and sensitive matters in relation to DND property, DND employees and Canadian Armed Forces (CAF) personnel serving in Canada and abroad.
The CFNIS plays a central role in responding to allegations of harmful and inappropriate sexual behaviour in the Canadian Armed Forces (CAF).
Independence: The Military Police (MP) is independent of the chain of command in policing matters.
Members of the MP performing policing functions are under the full command of the Commander of the Canadian Forces Military Police Group (CF MP Gp), which allows them to perform law enforcement duties independently.
In the case of an inappropriate interference in the conduct of an MP investigation, a complaint can be made to the Military Police Complaints Commission, which has the powers to investigate the complaint independently.
The CFNIS is a unit within the independent CF MP Gp CFNIS investigators always remain under the command of the CFNIS Commanding Officer, regardless of their employment within Canada or abroad.
Process: Complaints can be made to CFNIS by Military Police, chains of command, CAF members, and DND employees, and complainants do not need to be victims of the alleged offence.
Reporting: CFNIS decisions are distributed to the appropriate authorities within National Defence who require the information for disciplinary reasons or other processes.
Sexual Offence Response Team (SORT): established in 2016 within the CFNIS to provide investigators with expertise on conducting sexual offence investigations.
Military Policy Victim Services Program: assists victims of crime by connecting them with resources, providing them advice, and ensuring they stay informed throughout the investigative and court processes.

Details

CFNIS Mandate: While all military police can lay charges under the Criminal Code or other federal statutes, CFNIS investigators are the only military police who also have the authority to lay changes under the National Defence Act.
CFNIS Independence: CFNIS investigators always remain under the command of the CFNIS Commanding Officer, regardless of their employment within Canada or abroad.
CFNIS Investigations: All CFNIS investigations are conducted in a deliberate and comprehensive manner. Each case undertaken by the CFNIS is unique and must take into account multiple factors such as complexity, technical requirements for evidence analysis, and time elapsed since the offence. As such, the completion time of investigations varies from case to case.
Process:
- Upon receipt of a complaint, CFNIS validates that the matter meets established thresholds for a serious or sensitive incident.
- Factors indicating that a matter is “serious and sensitive” include the gravity of the alleged offence(s); the rank and functions of the person(s) involved; the nature of the allegation(s) and their impact on discipline; and efficiency and morale of the CAF.
- Incidents that do not meet these thresholds are referred back to the appropriate investigative authorities, either military police or unit commands.
- CFNIS investigates all complaints within its jurisdiction until it is determined that there is no further requirement to pursue the investigation (e.g. complaint withdrawn or determined to be unfounded) or that charges must be laid.
- Once CFNIS investigators lay charges against an offender, the case is referred to either the Civilian Criminal Justice System or Military Justice System for action depending on the circumstances.
Reporting: CFNIS decisions are distributed to the appropriate authorities who require the information for disciplinary reasons or other processes, this can include commanding officers, Military Careers Administration, military prosecution, attorneys and provincial or federal prosecution authorities.
Sexual Offence Response Team (SORT): The SORT advises CFNIS investigators on trends in law enforcement, investigative techniques, and best practices for future investigations. SORT members receive specialized training in investigating sexual assault; physical abuse and child death; offences against children; investigative and forensic interviewing techniques; and trauma informed care.
Military Policy Victim Services Program (MPVSP): Provides assistance to victims of crime by referring them to appropriate resources such as the Sexual Misconduct Response Centre, local health care professionals, hospitals, services specializing in victim assistance, children’s aid and protection services, and emergency shelters. The MPVSP also helps ensure victims stay informed throughout the investigative and court processes. CFNIS is responsible for managing the program’s standards, policy development and delivery across the country.
Every Military Police unit involved in the provision of law enforcement operations maintains an up-to-date listing of local organizations and support groups, and has protocols with local agencies or services to ensure the victim receives the required support.
Public Communications: Public communications and queries related to ongoing CFNIS investigations are managed by the CF MP Gp’s Public Affairs Officer. Factors considered in the disclosure of information pertaining to a CFNIS investigation include:
1. The integrity of the investigation;
2. Victim’s safety, rights, security and privacy (size of unit, place of employment or age in case of a young person);
3. Rights of the suspects;
4. Openness, transparency and responsiveness to the Canadian public;
5. Impact to the investigation process;
6. Consistency in communication approaches; and
7. Compliance with obligations contained in the Privacy Act, National Defence Act, Official Secrets Act, Canada Evidence Act and the Canadian Victims Bill of Rights.

Miltiary Complaints Process

Any Defence Team member – military or civilian – has the right to submit a verbal or written complaint.
Complaints about possible service offences may be dealt with by way of the military justice system.
CAF members can make complaints about possible service offences to the chain of command, the military police, or the Canadian Forces National Investigation Service (CFNIS).
For incidents that may constitute sexual misconduct, CAF members can also contact the Sexual Misconduct Response Centre for a confidential discussion with a counsellor.
The scope of a disciplinary investigation, including who authorizes and conducts the investigation, is determined on a case-by-case basis, depending on the nature of the complaint.
Once an investigation has concluded, a commanding officer, a member authorized by a commanding officer or a CFNIS investigator may lay charges within the military justice system.
Charges for service offences may be tried by court martial or summary trial.
The Canadian Armed Forces will continue to work to ensure that members who come forward with complaints are heard and feel safe and supported.

Key Facts

DND/CAF has a range of processes available to address issues that may arise in the workplace.
All members of the Defence Team can report incidents of wrongdoing to the military police, the Canadian Forces National Investigation Service, the Department’s Review Services, or to the Canadian Armed Forces Ombudsman.
CAF members can also report incidents of wrongdoing to their chain of command.
Civilian Defence Team members can report incidents of wrongdoing to their superiors or contact their union representatives.

Civilian Complaints Process

The Department of National Defence takes its obligation to provide all of their employees with a safe and healthy workplace very seriously and is committed to supporting employees and treating them with fairness and respect.
Public Service Employees can file a grievance or complaint under a number of pieces of legislation, policies, guidelines, DAODs, or collective agreements.
Employees can also seek assistance from the Employee Assistance Program, which provides short-term counselling to employees and their eligible family members who are experiencing personal or professional difficulties that may have an adverse effect on their personal well-being and/or work performance.
Employees can submit a formal harassment complaint through the departmental Designated Recipient. Employees also have access to informal resolution mechanisms including Alternative Dispute Resolution, and Conflict and Complaint Management Services.
Employees can file a grievance through their manager or union for any breach of the terms and conditions of employment.
Prior to the implementation of Bill C-65, the Harassment Prevention and Resolution Instructions provided departmental procedural direction in support of the Harassment Prevention and Resolution Policy.
As of 1 January 2021, under the new provisions of Bill C-65 harassment and violence mean any action, conduct or comment, including of a sexual nature, which can reasonably be expected to cause offence, humiliation or other physical or injury or illness to an employee, including any prescribed action, conduct or comment.
The Canadian Human Rights Act (CHRA) provides employees with the right to file a complaint of discrimination against DND with the Canadian Human Rights Commission (CHRC), based on any of the eleven prohibited grounds of discrimination established in the CHRA.
Under the Public Servants Disclosure Protection Act (PSDPA), if DND employees have information that could indicate wrongdoing, they can bring this matter to the attention of their immediate supervisor, the senior officer for disclosure, or the Public Sector Integrity Commissioner.

Key Facts

DND public service employees have a range of processes available to address issues that may arise in the workplace.
All public service employees can report incidents of wrongdoing to the military police, the Canadian Forces National Investigation Service, the Department’s Review Services, the Ombudsman, their superiors, their union, the Canadian Human Rights Commission, or the Public Service Integrity Commissioner.
TBS Guidelines on Discipline provide guidance to management in the application of discipline, in the development of department codes of discipline, and in the conduct of disciplinary investigations and hearings.

Canadian Armed Forces Ombudsman

The Office of the Ombudsman serves to help better ensure the fair treatment of concerns raised by current and former CAF members, departmental employees, and their families.
The Office of Ombudsman is independent and reports directly to the Minister of National Defence.
When victims come forward with allegations, they need to have confidence these allegations will be considered without any kind of interference.
This is why the Ombudsman is one reporting option for victims and those affected by misconduct.
The Ombudsman has the independence to go directly to the Military Police to launch an investigation or to present the allegations to other authorities depending on the circumstances.

Key Facts

1998: The Office of the Canadian Armed Forces Ombudsman was created to increase openness and transparency in DND/CAF.
2019-2020: The Office of the Ombudsman handled 1,867 total cases.
- 106 cases surrounded issues of alleged harassment.
Reports: The Ombudsman can report publicly on any investigation or matter within their mandate, and publishes an annual report outlining its activities.
Recent Ombudsman special reports:
- 2020: Engaged in the World
- 2018: Understanding Retirement and Disability Benefits
- 2017: Positions over People

2015 OAG report on the Ombudsman:

National Defence has completed and implemented all Management Action Plan (MAP) items associated with the OAG Ombudsman report.
Scope: governance; financial management; human resource management, and operations.
Findings:
- National Defence did not fully define its roles and responsibilities for monitoring the administration of the Ombudsman;
- National Defence should monitor the Ombudsman’s financial and staffing authorities;
- The Ombudsman is independent in his investigative functions and does not report to the Deputy Minister
2015 and 2017: A service level agreement between the Ombudsman and Deputy Minister outlining roles, responsibilities and activities of financial management were signed.
Current Ombudsman: Gregory Lick
- November 2018 to present
Former Ombudsman: Gary Walbourne
- April 2014 to October 2018
29 January 2021: Annual Report for the Office of the Ombudsman tabled in the House of Commons.

Details

2015 Spring: Report 7—Office of the Ombudsman for the Department of National Defence and The Canadian Forces

The objectives of the OAG audit were to determine:
- Whether the Office of the Ombudsman for the Department of National Defence and the Canadian Forces (the Office of the Ombudsman, or the Office) established and followed key controls, and systems and practices, related to financial management, contracting, and human resource management in carrying out its mandate, in compliance with government legislation and policies; and
- Whether National Defence (the Department) adequately carried out its oversight responsibilities for the Office of the Ombudsman in compliance with government legislation and policies.
Findings:
- National Defence (the Department) did not fully define or document its roles and responsibilities for monitoring the administration of the Office of the Ombudsman for the Department of Defence and the Canadian Forces (the Office of the Ombudsman, or the Office). The Ombudsman was treated the same as other senior departmental managers in some cases, but not others.
- National Defence and the current Ombudsman agreed that the Department should monitor the Ombudsman’s financial and staffing authorities to ensure that they were properly exercised. However, the details of how this should be done and the mechanisms for monitoring other administrative activities were not fully defined or documented.
- Both National Defence and the current Ombudsman acknowledged the complexity of their organizational relationship. Department officials agreed that the Ombudsman is independent in his investigative functions and that he does not report to the Deputy Minister. However, both the Department officials and the Ombudsman agreed that the Deputy Minister has ultimate responsibility under legislation to ensure that delegations for financial management and staffing are properly exercised. The audit found that, if monitoring arrangements for these areas differ from those in place for other senior Department managers, they should be carefully defined and documented to ensure consistency with Treasury Board policies.
Recommendation:
- The Ombudsman for the Department of National Defence and the Canadian Forces and the Deputy Minister of National Defence should define and document how National Defence will monitor the management of the administrative functions of the Office of the Ombudsman.
- The ombudsman and the Department of National Defence also define and document how the Office will demonstrate that internal controls, including delegated authorities, are operating as intended. Monitoring activities should not impede the operational independence of the Ombudsman.
The Office of the Ombudsman’s response. Agreed with the findings. The Office of the Ombudsman for the Department of National Defence and the Canadian Forces agrees that audit mechanisms, both internal to the Office of the Ombudsman and department-wide, are critical to demonstrating that the finance and human resource authorities delegated to the Ombudsman are appropriately exercised. The Ombudsman commits to working with the Deputy Minister of National Defence to review existing mechanisms, to conduct a gap analysis, and to address all outstanding issues.
National Defence’s response. Agreed with the findings. National Defence (with the Office of the Ombudsman for the Department of National Defence and the Canadian Forces) will define and document the processes by which it will monitor the administrative activities of the Office, to ensure that delegated authorities and internal controls are operating as intended. National Defence will ensure that these processes do not impede the operational independence of the Ombudsman.

Diversity and Inclusion

National Defence is working to build a more diverse Defence Team that reflects and celebrates the uniqueness and strength of all Canadians.
We must also strive to build a more inclusive culture where everyone feels understood, valued, and respected.
That is why we are working with, and listening to all the diverse communities across the Defence Team.
This includes: Indigenous Peoples, women, visible minorities, persons with disabilities, and all members of the LGBTQ2+ community.
In 2020 alone, National Defence:
- Launched the Defence Team Pride Network for LGBTQ2+ communities;
- Established a Minister-level anti-racism Advisory Panel;
- Updated our Positive Space Program;
- Established an anti-racism secretariat;
- Adopted gender-neutral designations of ranks in the Navy; and
- Initiated gender-neutral evaluations for members of the CAF.
Ultimately, our goal is to create an environment where all members of the Defence Team are treated with dignity and respect.

Key Facts

In the Minister of National Defence’s Supplementary Mandate Letter, the Prime Minister highlighted the following key areas:
- Continue to improve support for DND/CAF members to ensure a workplace characterized by professionalism, inclusion and valuing diversity;
- Address systemic racism and gender-based discrimination and eliminate barriers, as well as to establish and maintain a workplace free from harassment, discrimination and violence;
- Undertake ambitious efforts to increase diversity and facilitate the inclusion of Indigenous Peoples, Black and racialized Canadians, LGBTQ2 Canadians and persons with disabilities in DND/CAF; and
- Continue work to achieve the goal of 25.1% Regular Force and Primary Reserve CAF members being women by 2026.

Details

Women, Visible Minority, and Indigenous Representation in the CAF (Regular Force and Primary Reserve)

-	Goal	Current (As of 4 Jan 2021)
Women	25.1%	16.1%
Minority	11.8%	9.6%
Indigenous	3.5%	2.8%

Diversity and Inclusion Training in the CAF

Personnel ranging from recruits on basic training to senior members on career courses across the country are regularly reminded that exemplary conduct is part of their obligations as CAF members.
Basic Diversity Training is conducted during basic training to educate new members on personal conduct policies such as:
CAF ethics and values;
harassment prevention and resolution;
personal conduct and relationships;
sexual misconduct;
sexual harassment; and
discriminatory and hateful conduct.

Hateful Conduct, Racism, and Discrimination

The Canadian Armed Forces does not tolerate racist or discriminatory behaviour of any kind.
The Defence Team is committed to ongoing and deliberate work required to address racism, extremism, discrimination, and hateful conduct.
That is why an Advisory Panel on systemic racism and discrimination, and an Anti-Racism Secretariat was recently established.
The Panel and Secretariat provide advice on how National Defence can best eliminate discriminatory behaviours from its ranks and build a diverse force that is open to all.
As part of our commitment to culture change, the Canadian Armed Forces published its hateful conduct policy approach in July 2020.
This approach defines hateful conduct and establishes clear expectations and guidance on how to prevent, detect, and respond to it.
Accompanying this approach is a new tracking system that will ensure we have the capability to identify and track any suspected incidents, and that future policy is informed by data.
We remain committed to doing the ongoing work that is necessary to foster a culture where all members feel safe and respected.

Key Facts

On July 10, 2020, the Canadian Armed Forces issued its hateful conduct policy approach, and launched a new tracking system that will allow for improved reporting and tracking of cases of hateful conduct.
This tracking system includes legacy cases as well as new ones to allow the organization to better understand trends and measures taken to impact the institutional culture in a positive way.
As at Jan. 28 2021, a total of 193 incidents (dating back to 1997) are currently being tracked in the Hateful Conduct Incident Tracking System.

Bill C-77

The Canadian Armed Forces remain committed to strengthening victims’ rights within the military justice system.
In 2019, Parliament passed Bill C-77 with the primary goals of providing clear statutory rights to victims of service offences and reforming the summary trial process.
Several aspects of the bill have already been implemented, such as:
Ensuring sentencings take into account whether crimes were motivated by bias, prejudice or hate based on gender identity or expression;
Considering the circumstances of Indigenous offenders in the determination of the appropriate sentence; and
Clarifying when minor service offence convictions will not result in a criminal record.
Implementing the remaining provisions of the bill requires substantial regulatory reform.
The Canadian Armed Forces is currently working to develop this new policy and regulatory framework, and is standing up a dedicated Secretariat to guide the policy development process.
Extensive stakeholder consultations are already underway. To date, 17 internal and federal organizations and four victims’ advocacy groups have been consulted.
The Canadian Armed Forces will continue working to implement Bill C-77 and ensure victims’ rights are upheld within the military justice system.

Key Facts

Bill C-77 provides, among other changes, clear statutory rights to victims of service offences and reforms the summary trial process to a non-penal, non-criminal summary hearing process.
The Declaration of Victims’ Rights features three (3) main components:
Giving victims of service offences rights to information, protection, participation and restitution;
Providing for the appointment of a Victim Liaison Officer; and
Providing for a complaint mechanism.
The Canadian Armed Forces is also developing an online survey to consult victims of service offences, which is expected to be released in March 2021.

Details

With the adoption of Bill C-77, several aspects of the bill have already been implemented, including:
- Considering the circumstances of Indigenous offenders in the determination of the appropriate sentence and punishments;
- Ensuring sentencings take into account whether crimes were motivated by bias, prejudice or hate based on gender identity or expression; and
- Clarifying the circumstances where a person convicted of minor service offences and sentenced to certain punishments (severe reprimand, reprimand, a fine not exceeding basic pay for one month, minor punishments) will not have a criminal record.
The Canadian Armed Forces are currently conducting wide stakeholder consultation to build the regulatory framework to implement the Bill C-77. To date, the following entities have been consulted:
- The Sexual Misconduct Response Centre (SMRC);
- The External Advisory Council to SMRC;
- The Final Settlement Agreement Consultation Group;
- The Policy Centre for Victim Issues;
- The Directorate Professional Military Conduct-Operation HONOUR;
- The Federal Ombudsman for Victims of Crime;
- The Federal-Provincial-Territorial Working Group on Victims of Crime;
- The Ontario Office for Victims of Crime;
- The group “It’s just 700”;
- The Canadian Resource Centre for Victims of Crime; and
- L’Association québécoise Plaidoyer Victimes.
More general stakeholder engagement has also taken place with:
- Public Prosecution Service of Canada (PPSC);
- Royal Canadian Mounted Policy (RCMP);
- Correctional Service of Canada (CSC);
- Parole Board of Canada (PBC);
- Ontario Provincial Police (OPP);
- Canadian Forces Legal Advisor (CFLA);
- Director of Military Prosecutions (DMP);
- The Canadian Armed Forces Discipline Advisory Council (CAFDAC)
- Military Police Group (MP GP); and
- Integrated Conflict and Complaint Management (ICCM).

Independent Review of the National Defence Act

The National Defence Act requires the Minister of National Defence to initiate an independent review of certain provisions of the Act, which is undertaken periodically.
These provisions extend to the military justice system, military grievances and external review of grievances, military policing and police oversight.
Once completed, a report of the independent review is tabled before Parliament.
In November 2020, the Minister of National Defence appointed the Honourable Morris J. Fish, former Justice of the Supreme Court of Canada, as the Independent Review Authority.
As the Independent Review Authority, Justice Fish will examine the military justice system and provide recommendations to support its evolution so that it continues to reflect Canadian values and laws.
National Defence is dedicated to assisting the Independent Review Authority in their assessment to ensure the military justice system continues to be fair and effective.
We look forward to receiving Justice Fish’s recommendations by June, 2021.

If pressed on the Independence of the Military Justice System:

I have complete confidence in the military justice system’s independent actors.
It is important to preserve the independence and integrity of independent actors.
I can assure military members, and all Canadians, that the military justice system continues to fulfill its purpose of maintaining the discipline, efficiency, and morale of the Canadian Armed Forces.

Key Facts

The Supreme Court recently recognized the role of independent reviews in the ongoing development of the military justice system as an important requirement to ensuring this system is rigorously scrutinized, analyzed, and refined at regular intervals.
The National Defence Act has been independently reviewed twice before:
- 2011: By the former Chief Justice of Ontario, Patrick LeSage. The report of the independent review was tabled in Parliament on June 8, 2012.
- 2003: By former Chief Justice of Canada, the late Antonio Lamer.
It is expected that the report of the next independent review authority will be tabled in June 2021.

Details

Under Section 273.601 of the National Defence Act (NDA), the Minister of National Defence is required to initiate an independent review of specified provisions of the Act and its operation.
The report from the independent review is to be tabled in Parliament within a specified timeline, pursuant to subsection 273.601(2) of the NDA.
The report from the third independent review is expected to be tabled in June of 2021.
The independent review may provide recommendations, however, it is the decision of the Government of Canada to accept the recommendations or not.
Former Chief Justice LeSage’s report included 55 recommendations. These recommendations pertained to military justice, the Military Police, the Military Police Complaints Commission, and the Canadian Armed Forces grievance process.
- The Government of Canada accepted the majority of the recommendations.
This first report of review contributed directly to legislative changes to the National Defence Act. For example:
- An Act to amend the National Defence Act(court martial) and to make a consequential amendment to another Act (Bill C-60);
- An Act to amend the National Defence Act (military judges) (Bill C-16); and
- The Strengthening Military Justice in the Defence of Canada Act(Bill C-15).

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Date modified:: 2021-07-07