Language selection

Government of Canada / Gouvernement du Canada

Search

Military Justice

Modernizing Military Justice

  • Support to victims and survivors is crucial to all of our efforts to modernize the military justice system.
  • That is why I accept Mme. Arbour’s final report in its entirety and the Defence Team will immediately begin work, or continue work, to implement one third of the recommendations.
  • These efforts include important changes to the military justice system, which will bring a new era of modernization, supporting broader culture change efforts within the military. 
  • For example, work is already ongoing with federal, provincial, and territorial counterparts to refer sexual assaults and other offences of a sexual nature under the Criminal Code to civilian authorities.
  • Furthermore, the Declaration of Victims’ Rights will come into force later this month, which will establish the role of a Victim’s Liaison Officer to assist survivors in accessing their rights.
  • Finally, all members of the Military Police take trauma informed training to ensure those who come forward feel safe, heard, and protected.
  • We are committed to making progress in the timely and appropriate resolution of all cases, while ensuring procedural fairness, transparency, and consistency, regardless of rank.

If Pressed on extension of the term of the Provost Marshal

  • We take former Justice Arbour’s report and all external recommendations very seriously.
  • The Provost Marshal plays a key role in implementing these recommendations.
  • Extending the term of the current Provost Marshal will ensure that we can implement the recommendations of former Justices Fish and Arbour as efficiently as possible.

Key Facts

  • Budget 2022 provides $100.5 M over six years for personnel, culture change, and inclusivity initiatives, as well as initiatives to modernize the military justice system, including:
    • Bring into Force the Declaration of Victims’ Rights.
    • Implementing military justice-related implementations from Fish and Arbour reports;
    • The development and roll-out of the Justice Administration and Information Management System (JAIMS).
    • Enhance restorative services, including dispute resolution and coaching services.
  • October 25, 2021: The CDS/DM signed a directive establishing the External Comprehensive Review Implementation Committee (ECRIC).
    • The ECRIC is responsible for developing and overseeing a plan to implement the recommendations from former Justice Fish, former Justice Arbour, and other external reviews.
    • ECRIC is co-chaired by the Vice Chief of the Defence Staff and the Judge Advocate General.
  • Bill C-77, Declaration of Victims’ Rights: Core elements of the Declaration of Victims’ Rights will provide for the appointment of a victim’s liaison officer on request and concrete rights to victims and survivors of service offences, including:
    • Improved access to certain information;
    • Greater participation throughout the investigative process; and,
    • Enhanced protection from intimidation and retaliation.

Independent External Comprehensive Review (Arbour Report):

  • The Defence Team will immediately begin to work on, or continue efforts already underway, to implement 17 of 48 recommendations, including:
    • Continuing with Mme. Arbour’s recommendation to transfer sexual offence cases to the civilian system.
  • The Defence Team will also work to quickly analyze and provide a path forward on the remaining 31 recommendations, including:
    • Updating the definitions of ‘sexual assault’ and ‘harassment’ in CAF policies to align with the Criminal Code and the Canada Labour Code.
    • Removing the “duty to report” sexual misconduct from CAF orders, regulations, and directives, and consider abolishing the duty to report under the Code of Service Discipline.

Fish Report

  • 107 recommendations to support the ongoing modernization of the military justice system, military policing, and grievance process.
    • The current focus is to continue working to implement 36 of the 107 recommendations.
    • Analysis is ongoing to determine a path forward for implementing the remaining 71 recommendations.
    • 36 recommendations identified for action in the short term call on National Defence to, among other things:
      • Establish working groups with other government departments and launch consultations with external stakeholders; 
      • Improve data collection and management related to military justice; and,
      • Improve member awareness of the military grievance process.

Implementation of Independent External Comprehensive Review (Arbour Report)

  • My top priority is to ensure that our members are protected from systemic misconduct and are able to work in an environment where they can reach their full potential and contribute meaningfully to the defence of Canada.
  • Last week, I thanked Mme. Arbour for her comprehensive and detailed report, which will form the cornerstone of our culture change efforts going forward.
  • Former Justice Arbour’s report builds on insights and recommendations from previous external reports, including those of former Supreme Court Justices Deschamps and Fish.
  • I accept Mme. Arbour’s final report in its entirety and the Defence Team will immediately begin work, and continue work already ongoing, to implement one third of the recommendations, including the establishment of an external monitor, mandated to oversee the implementation of this Report.
  • My Defence Team will also work to quickly analyze and provide the path forward for the remaining recommendations.
  • This will build upon our ongoing efforts to promote culture change, including by updating our selection process for senior leaders and introducing Trusted to Serve, a new military ethos.
  • I look forward to providing a comprehensive update to Parliament on our efforts by the end of the year.

Key Facts

  • Budget 2022 provides $100.5 million over six years, starting in 2021-22, with $1.7 million in remaining amortization, and $16.8 million ongoing to:
    • Strengthen leadership in the Canadian Armed Forces;
    • Modernize the military justice system;
    • Bring into force the Declaration of Victims’ Rights;
    • Undertake engagement and consultation on culture change.

Independent External Comprehensive Review (Arbour Report):

  • May 20, 2022: Former Justice Arbour provided her final report to the Minister of National Defence.
  • May 30, 2022: Government publicly releases the Independent External Comprehensive Review.
  • The Defence Team will immediately begin to work on, or continue efforts already underway, to implement 17 of 48 recommendations, including:
    • Refinements to the Sexual Misconduct and Response Centre (SMRC), including renaming the Centre, revising its role to primarily provide resources for complainants, victims and survivors.
    • Revising the recruitment and training process for CAF members, including probationary periods to better evaluate recruits.
    • Improving the process for promotions, selection, succession planning and expanding diversity, including through support from a senior civilian advisor.
    • Tracking and updating progress to internal and external bodies.
    • Creating an inclusive and safe environment for students at military colleges.

Fish Report:     

  • June 1, 2021: Minister Sajjan accepted in principle all 107 recommendations.
    • National Defence agreed to begin to implement 36 recommendations in the short-term, which call on the Department and the Canadian Armed Forces to, among other things:
      • Stand-up working groups with other government departments and launch consultations with external stakeholders;
      • Improve data collection and management related to military justice; and,
      • Improve member awareness of the military grievance process.
    • National Defence is currently analyzing the remaining 71 recommendations to determine a path forward for implementation.

Deschamps Report:

  • A Management Action Plan is now in place for former Justice Deschamps’ report and was published online this month.
  • An independent assessment on the implementation status of the recommendations of the Deschamps report has been shared with former Justice Arbour to assist with her review, and was publicly released on Thursday, April 21.
  • The assessment indicates that while the Defence Team has made progress on all Deschamps recommendations, we understand there is still work to do before all her recommendations can be considered fully implemented.

External Comprehensive Review Implementation Committee (ECRIC)

  • October 25, 2021: The CDS/DM signed a directive establishing the ECRIC.
    • The ECRIC is responsible for developing and overseeing a plan to implement the recommendations from former Justice Fish, former Justice Arbour, and other external comprehensive reviews.
    • ECRIC is co-chaired by the Vice Chief of the Defence Staff and the Judge Advocate General.

Details

  • On May 30, 2022, the Minister of National Defence announced that the Defence team will immediately begin to work on, or continue efforts already underway, to implement 17, over one-third, of the Arbour Report recommendations.
  • Some of the most important recommendations require further analysis, planning, and consultation, and we will develop plans to address these remaining recommendations as quickly as possible, and we will report to Parliament on our progress.

17 Arbour Recommendations Immediately Accepted by National Defence

Sexual Misconduct Response Centre

  • #12 The SMRC’s name should be changed to Sexual Misconduct Resource Centre.
  • #13 The SMRC should be reinforced as primarily a resource centre, with adequate expertise and capacity, solely for complainants, victims and survivors of sexual misconduct.
  • #14 The SMRC should ensure that it can facilitate immediate access to legal assistance to victims of sexual misconduct. Such legal assistance must be available across the country and on the full range of issues related to sexual misconduct in the CAF, including in respect of the various processes triggered by disclosure. To do so, the SMRC should compile a roster of civilian lawyers able to provide such services and ensure that they are properly trained to do so. The SMRC should also prepare a schedule of fees for such services, and provide for direct payment to the lawyers.
  • #15 The ownership of training and prevention of sexual misconduct should be transferred to the CPCC. The CPCC should continue to consult the SMRC on the development of program content, delivery and methods of evaluation for sexual misconduct, but the SMRC should not be engaged in actual program delivery or monitoring.
  • #17 The SMRC should remain within the DND and continue to report to the DM.
  • #18 The administrative structure of the SMRC should be reviewed in order to increase its independence, effectiveness and proper place in the Defence Team.

Selection, Succession Planning, and Career Management

  • #20: The CAF should restructure and simplify its recruitment, enrolment and basic training processes in order to significantly shorten the recruitment phase and create a probationary period in which a more fulsome assessment of the candidates can be performed, and early release effected, if necessary.
  •  #21: The CAF should outsource some recruitment functions so as to reduce the burden on CAF recruiters, while also increasing the professional competence of recruiters.
  • #22: The CAF should put new processes in place to ensure that problematic attitudes on cultural and gender-based issues are both assessed and appropriately dealt with at an early stage, either pre- or post-recruitment.
  • #32: In fulfilling her responsibility in approving GOFO promotions, the Minister should be assisted by a senior civilian advisor, not currently a member of the Defence Team. In her consultation with the CDS, the Minister should examine what efforts are being made to correct the over-representation of white men in GOFO ranks.
  • #33 The new processes for psychometric evaluation and confirmatory 360-degree review used in the promotion of GOFOs should be carefully reviewed by an external expert on an annual basis, with a view to their progressive refinement. The results of this annual review should be reported to the Minister.
  • #35: The PaCE system should be modified to include a selfcertification requirement on the PAR for those being considered for promotion to the rank of lieutenant-colonel/commander or above, or to the rank of chief warrant officer/chief petty officer 1st class, similar to that already in place for GOFO nominations. The candidate would need to certify that they are not subject to any current or prior investigation or proceeding, whether criminal, disciplinary, administrative or otherwise, related to sexual misconduct; and, if they are, provide all relevant details.
  • #41 The Minister should be briefed by the ADM(RS) directly on all investigations related to sexual harassment, sexual misconduct and leadership culture in the Defence Team.
  • #42 The ADM(RS) should report annually to the Minister on statistics and activities related to investigations under the DAOD 7026-1, in line with what is required under the PSDPA.
  • #45 The CPCC should host a public online database for all internal Defence Team research and policies relating to sexual harassment and misconduct, gender, sexual orientation, race, diversity and inclusion, and culture change. If a document cannot be made public for security reasons or otherwise, it should still be listed in the database to facilitate access by persons with the requisite clearance or approval.
  • #47 As a first step, the Minister should inform Parliament by the end of the year of the recommendations in this Report that she does not intend to implement.
  • #48 The Minister should immediately appoint an external monitor, mandated to oversee the implementation of the recommendations in this Report and other external recommendations that she accepts. The external monitor should be assisted by a small team of their choosing that is external to the Defence Team. They should have access to all documents, information, individuals and entities they deem relevant, including ECRIC. The external monitor should produce a monthly “monitoring assessment and advice” report directly to the Minister and publish bi-annual public reports.

Page details

Date modified: