Understanding Sexual and Gender-based Violence

A safe and inclusive workplace is a collective culture where people feel included, valued, respected, connected, psychologically safe, involved in decision-making, recognized as having unique characteristics that contribute to organizational success, and empowered to bring their authentic selves to the workplace. Behaviours that are considered acceptable conduct advocate for team members' interest and welfare. Demonstrate characteristics of allyship within the workplace.

Some examples of conduct that promote a safe and inclusive workplace are:

Ally

A person who actively seeks to learn about the challenges of a person or group of people experiencing discrimination, and who works in solidarity with them to right against oppression.

Compliments of a professional nature

Compliments which are focused on task-related behaviours and outcomes that are conducive with CAF values, such as discipline, teamwork and readiness.

Eye contact

Eye contact signals attention and focus, which is necessary to build professional working relationships. However, it is important to note that prolonged and intense eye contact can often be interpreted as indicating sexual attraction and staring eyes are often perceived as threatening. Respect others by maintaining appropriate eye contact within the workplace.

Gaze directed towards the face

Eye contact should be respectful and directed to the face. It is important to have an appropriate gaze which is not directed at any other part of the body, in order to maintain professionalism and a sense of safety.

Identify and challenge inequities

Actively challenge systemic barriers within the workplace to promote a safe and healthy workplace. Systemic barriers are barriers that result from seemingly neutral systems, practices, policies, traditions or cultures. These barriers disadvantage minority groups, racialized groups, people with disabilities, people from LGBTQ2+ communities, Indigenous people and other marginalized people and groups.

Inclusive workplace

A work environment where the differences in the identities, abilities, backgrounds, cultures, skills, experiences and perspectives of employees are recognized, valued and leveraged by management and coworkers, which fosters a sense of belonging and involvement for all employees.

Microaffirmation

Small gesture of inclusion, caring, or kindness by being an ally and valuing or uplifting contributions by all individuals. Achieved by actively listening and providing comfort and support to marginalized individuals (Source: Canadian Centre for Diversity and Inclusion Glossary of Terms).

Physical contact only when necessary

Physical contact should only be used to support operational requirements within the working environment.

Physical distance between colleagues

Appropriate physical distance within the workplace signals respect and a sense of safety. Refer to the Physical Distance section for further information.

Positive space

Locations and environments where members of the LGBTQ2+ community are able to access inclusive services with dignity and respect. It applies particularly to persons from sexual and gender minorities. A safe place contributes not only to their safety and their physical integrity, but also to their psychological and social well-being.

Professional relationships

It is expected and encouraged to develop friendships and professional relationships in the workplace. These relationships should be managed and conducted in a work and task-related manner. Refer to DAOD 5019-1 for further information on Personal Relationships and Fraternization.

Psychological safety

An environment that encourages, recognizes and rewards individuals for their contributions and ideas by making individuals feel safe when taking interpersonal risks. A lack of psychological safety at work can inhibit team learning and lead to in-groups, group think and blind spots.

Respectful dialogue

Communications of all forms are professional and inclusive. Inclusive language is a means of communication that is used to treat people with respect, and that involves using words and expressions that are not considered discriminatory or offensive. Respectful and inclusive language do not imply the exclusion or stereotyping of particular groups of people.

Well-mannered humour

Humour with positive intent and impact, where discomfort and harm are not caused. Humour leverages respectful and inclusive language, and is free of bias, prejudice, and stereotypes.

Inappropriate behaviours and acts of a sexual nature that can that negatively impact DND/CAF organizational culture, operations, and personnel where the act or behaviour is causing, or is reasonably expected to cause, harm to others. It includes, but is not limited to, any service infraction of a sexual nature and any service offence of a sexual nature when the act is not punishable under the Criminal Code.

Some examples of conduct deficiencies of a sexual nature are:

Prohibited grounds of discrimination

Prohibited discrimination is the treatment of a person (or a group) unfairly based on a prohibited ground of discrimination for reasons such as race or sexual orientation. (See Canadian Human Rights Act (CHRA), sections 5 – 14.1). For the purposes of the CHRA there are 13 prohibited grounds of discrimination. They are: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, disability, genetic characteristics, and a conviction for which a pardon has been granted or in respect of which a record suspension has been ordered. (See CHRA, s 3(1)). Section 15(1) sets out practices which are not considered discriminatory practices under the CHRA. Source: CHRA.

Harassment and violence

Any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment Source: Canada Labour Code 122(1).

Hypersexualizing others

When an individual's sexual appeal is emphasized over other characteristics, an individual is made into a thing for others' sexual use, or sexuality is inappropriately imposed upon a person.

Inappropriate online sexual behaviour

Online conduct of a sexual nature that causes or could cause harm to others, and that the person knew or ought reasonably to have known could cause harm.

Initiation rites of a sexual nature

Any sexual act that involves participation as a result of expressed or implied coercion, and that demeans, belittles or causes personal humiliation or embarrassment at any ceremony or other event.

Inappropriate use of social media

Using social media resulting in (a) remarks or criticism tending to bring a superior into contempt, (b) if seen or heard by any member of the public, might reflect discredit on the Canadian Forces or on any of its members; or (c) if seen by, heard by or reported to those under him, might discourage them or render them dissatisfied with their condition or the duties on which they are employed. Source: QR&O 19.14.

Microaggression

A comment or action that is regarded as subtly expressing prejudice against a person or group of people. Microaggressions are generally indirect and can be unintentional. Members of marginalized or minority groups are often the subjects of microaggressions (Source: Government of Canada – Guide on Equity, Diversity, and Inclusion Terminology).

Sexualized language, jokes, or innuendo

Any unwanted conversation about personal matters that are sexual in nature and/or jokes of sexual nature in the workplace. Source: Statistics Canada survey on Sexual Misconduct in the CAF (2022).

Sexist or sexually demeaning comments

Actions or words that devalue others on the basis of their sex, sexuality, sexual orientation, gender identity or expression. Source: DAOD 9005-1.

Undisclosed personal relationship

In specific circumstances, not informing the chain of command of an emotional, romantic, sexual or family relationship, including marriage or a common-law partnership or civil union, between two CAF members, or a CAF member and a DND employee or contractor, or member of an allied force, may deemed a conflict of interest and therefore could lead to a conduct deficiencies of sexual nature. Refer to DAOD 5019-1 for details on situations where issues related to conflict of interest may exist and where workplace personal relationships must be disclosed to the chain of command (Source: DAOD 5019-1).

Verbal abuse of a sexual nature

Verbal abuse takes on many forms including criticizing, insulting, degrading, harsh scolding, name-calling, nagging, threatening, ridiculing, belittling, trivializing, screaming, ranting, racial slurring and using crude or foul language. Disparaging comments disguised as jokes and withholding communication are also examples of verbal abuse. Abuse implies mistreatment and use of insulting language. It is more violent in nature than a remark/comment. Source: SMITS User Manual.

Visually displaying sexually explicit materials

Viewing, accessing, distributing, or displaying sexually explicit material in the workplace. Source: DAOD 9005-1.

Additional examples of conduct deficiencies of a sexual nature include: unsolicited sexual messages or images, unwanted sexual attention, inappropriate gaze which causes discomfort, pressure for sexual attention, and unwelcomed sexual advances.

All sexual assaults and other criminal offences of a sexual nature under the Criminal Code of Canada, including historical sexual offences, alleged to have been perpetrated by a CAF member, past or present falling under the jurisdiction of the relevant law enforcement or civilian authorities. Criminal investigations will occur when misconduct behaviours fall outside DND/CAF jurisdiction.

NOTE: Brief summaries of sections of the Criminal Code are provided strictly for the convenience of readers. The actual sections in the Criminal Code should be consulted for all elements and other provisions of these offences.

Criminal Code offences of a sexual nature include but are not limited to the following:

Aggravated sexual assault

Sexual assault that results in wounding, maiming, disfiguring, or endangering the life of the complainant. Source: The Criminal Code of Canada s. 273.

Child pornography

Any visual, written, or audible representation of a person who is or is depicted as being under the age of 18 years and engaged in or depicted as engaged in explicit sexual activity or where the dominant characteristic is the depiction, for a sexual purpose, of a sex organ or the anal region of a person under the age of 18, or that advocates or counsels sexual activity with a person under the age of 18 years. It is an offence to make, distribute, possess or access child pornography. Source: The Criminal Code of Canada s. 163.1.

Criminal harassment

Stalking, repeatedly communicating directly or indirectly, or engaging in threatening conduct that causes the person to reasonably fear for their safety or the safety of anyone known to them. Source: The Criminal Code of Canada s. 264.

Indecent act

Everyone who willfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person (Source: Criminal Code of Canada Section 173 (1).

Indecent exposure

Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years. Source: The Criminal Code of Canada s. 173(2).

Luring a child

Every person commits an offence who, by a means of telecommunication, communicates with (a) a person who is, or who the accused believes is, a child for the purpose of facilitating the commission of certain sexual offences. Paragraphs 1(a), (b) and (c) of section 172.1 of the Criminal Code sets out the various sexual offences depending on the age of the child. Source: The Criminal Code of Canada 172.1

Nudity

Every person who is nude in public place or is nude and exposed to public view while on private property, whether or not the property is their own (Source: Criminal Code of Canada Section 174 (1).

Sexual assault

An offence under the Criminal Code. Sexual assault is intentional, non-consensual touching of a sexual nature. The actual sections in the Criminal Code should be consulted for all elements and other provisions of the offence. Source: Report of the External Independent Comprehensive Review of DND/CAF.

Sexual assault with a weapon, threats to a third party or causing bodily harm

Every person commits an offence who, in committing a sexual assault; carries, uses or threatens to use a weapon or an imitation of a weapon; threatens to cause bodily harm to a person other than the complainant; causes bodily harm to the complainant; chokes, suffocates or strangles the complainant; or is a part to the offence with any other person. The Criminal Code of Canada s. 272 (1), DAOD 9005-1.

Sexual exploitation

Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency, or who is in a relationship with the young person that is exploitative of the young person, and who for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object any part of the body of the young person; or for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person. As per the Canadian Criminal Code, a young person is defined as a person 16 years of age or more but under the age of 18 years. Source: The Criminal Code of Canada s. 153.

Sexual interference

Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age. Source: The Criminal Code of Canada s. 151.

Publication, etc., of an intimate image without consent

Publishing, distributing, transmitting, selling, or making available an intimate image of another person, (i.e., a visual recording in which the person depicted is nude, exposing his or her genital organs or anal region or her breasts, or engaged in explicit sexual activity) without their consent. Source: The Criminal Code of Canada s. 162.1.

Voyeurism

Surreptitiously observing or recording a person in a place where the person exposes or could expose his or her genital organs or anal region or her breasts or engaged in explicit sexual activity or distributing such a recording. Source: The Criminal Code of Canada s. 162.