Question Period Note: Implementation of External Reports

Why has this Government once again asked a former Supreme Court justice to examine sexual misconduct in the Canadian Armed Forces when it has repeatedly failed to implement the recommendations of past reports?

• We appreciate the important work of the retired Justices as we continue our work to build a healthier, safer, and more inclusive military.
• That is why we have asked former Supreme Court Justice Louise Arbour to undertake an external review of the culture within National Defence.
• I am pleased to announce that we have accepted Justice Arbour’s recent interim recommendation to transfer sexual assault cases to civilian authorities.
• As such, National Defence is currently working to develop the mechanism and processes required to make this transfer possible.
• Additionally, I am personally reviewing the actions taken in response to Justice Deschamps’ report and recommendations.
• I have also begun monthly meetings with Madame Arbour to ensure National Defence is ready to implement her recommendations.
• We understand there is a lot more work that needs to be done, and we look forward to providing updates to Parliament on our progress in the fall.

Quick Facts

• Fish Report: 107 recommendations to support the modernization of the military justice system, policing, and grievance process
  • Current focus is on 36 recommendations which call on National Defence to:
    • Stand-up working groups with other government departments and launch consultations with external stakeholders;
    • Improve data collection related to military justice; and,
    • Improve member awareness of the military grievance process.
• Justice Arbour: Currently conducting a review of National Defence to identify the causes for the continued presence of harassment and sexual misconduct within the organization.
  • Justice Arbour provided interim recommendations to National Defence on October 20, 2021.
  • Interim recommendations build on recommendation number 68 of the Justice Fish report which calls on National Defence to transfer all sexual assaults and other criminal offences of a sexual nature under the Criminal Code, including historical sexual offences, alleged to have been perpetrated by a Canadian Armed Forces member past or present, to civilian authorities.
  • The final Arbour report is expected to be delivered to National Defence in the spring or summer of 2022.
• Fish Report: Analysis is ongoing to determine a path forward to implement the remaining 71 recommendations from the Fish report.
• Deschamps Report. Made progress on all 10 recommendations, including by:
  • Establishing the Sexual Misconduct Response Centre, which offers 24/7 confidential, supportive counselling;
  • Simplifying the harassment complaint process;
  • Releasing a culture change strategy: The Path to Dignity and Respect: The Canadian Armed Forces Sexual Misconduct Response Strategy; and,
  • Developing a unified policy including definitions, requirements, responsibilities, and expectations related to sexual misconduct.

Background

Independent External Comprehensive Review (2021)

• In April 2021, the Department of National Defence launched an Independent External Comprehensive Review led by former Supreme Court Justice Louise Arbour on current National Defence culture, policies, procedures, programs, and practices, including those related to military justice.
• The aim of the review is to shed light on the causes for the continued presence of harassment and sexual misconduct within the Canadian Armed Forces and the Department of National Defence, and to provide recommendations on how National Defence can establish external oversight and/or review mechanisms related to harassment and sexual misconduct.
• On October 20, 2021, Justice Arbour provided the Minister of National Defence with her interim recommendations. These call on National Defence to transfer of all sexual assault cases and other criminal offences of a sexual nature under the Criminal Code, including historical sexual offences, alleged to have been perpetrated by a member of the Canadian Armed Forces, to civilian authorities.
• On November 3, 2021, the Minister of National Defence accepted Justice Arbour’s interim recommendations and instructed the Defence Team to begin the implementation work.
• National Defence is currently working to develop the mechanisms and processes that will be required to implement the recommendations, as well as engaging with our federal, provincial and territorial counterparts on the matter.

Justice Fish Report (2021)

• On November 5, 2020, the Minister of National Defence appointed the Honourable Justice Morris J. Fish, former Justice of the Supreme Court of Canada, as the Independent Review Authority to conduct an independent review of specified provisions of the National Defence Act and their operation, as is required by the Act.
• The report was tabled on June 1, 2021, and contains 107 wide-ranging recommendations. The majority of them dealing with the military justice system, including how issues of sexual misconduct are addressed, military policing, and police oversight. The remainder of the recommendations concern military grievances, the external review of grievances, and the independent review process.
• National Defence is currently standing up an organisation to develop a plan to implement the recommendations from Justice Fish and other external reviews.
• Implementing Justice Fish’s recommendations, as well as the recommendations from other external reviews, requires a whole-of-Government approach. Many of the recommendations will require significant legislative and regulatory amendments, which will take time to complete.

Justice Deschamps Report (2015)

• In 2015, Former Supreme Court Justice Marie Deschamps conducted a review of National Defence policies, procedures, and programs in relation to sexual harassment and sexual assault within the Canadian Armed Forces.
• Since the publication of the report in 2015, National Defence has taken action on all of Justice Deschamps’ recommendations. This has included:
  • Increased awareness and understanding of the scope of sexual misconduct in the Canadian Armed Forces and implemented policies, procedures, and training to address it;
  • Setting up the Sexual Misconduct Response Centre, independent from the chain of command, to support victims 24/7;
  • Established the Integrated Conflict and Complaint Management program to streamline and simplify the reporting process for harassment;
  • Developing unified policies and frameworks for addressing sexual misconduct to guide all Canadian Armed Forces organizations in their efforts towards eliminating sexual misconduct; and
  • Releasing the Path to Dignity and Respect: The Canadian Armed Forces Sexual Misconduct Response Strategy, which focuses on aligning organizational culture to prevent and address sexual misconduct.
• The implementation of the Deschamps report recommendations are an integral part of National Defence’s wider efforts to address systemic misconduct and achieve meaningful culture change.
• In its role as independent advisor, Assistant Deputy Minister (Review Services) assessed the implementation status of the management action plan for the Deschamps Report and the 2018 Office of the Auditor General report on inappropriate sexual behaviour. The assessment was presented to the Departmental Audit Committee in June 2021. The full report is expected to eventually be posted on the National Defence website.

Other Reports

• In recent years, there have been multiple reviews into the prevalence of sexual misconduct in the Canadian Armed Forces including by the House Standing Committee on the Status of Women (2021 and 2019), by the Senate Standing Committee on National Security and Defence (2019), and by the Office of the Auditor General (2018), all of which provided recommendations on tackling sexual misconduct within the organization.

Responsible Principals: Chief Professional Conduct and Culture, Judge Advocate General, Vice Chief of the Defence Staff, Assistant Deputy Minister (Review Services)

Chief Professional Conduct and Culture, Judge Advocate General, Vice Chief of the Defence Staff, Assistant Deputy Minister (Review Services)