Question Period Note: Arbour report

The Government continues to promote culture change in the Canadian Armed Forces, yet we consistently hear about severe misconduct. What concrete actions has the Government taken to address the poor culture within the Canadian Armed Forces?

• My top priority is to build an inclusive and diverse Defence team, free from harassment, discrimination, sexual misconduct and violence.

• Former Justice Arbour’s report is a key basis on which we are delivering meaningful reform across the Defence Team.

• That is why in May 2022, I welcomed Madame Arbour’s report in its entirety and committed to immediately implement one third of the recommendations.

• Further, in October 2022 I appointed Madame Jocelyne Therrien as External Monitor to oversee efforts to address sexual misconduct and harassment on the Defence Team.

• Following analysis, reflection, and consideration, today, 13 December 2022, I tabled a report to Parliament on Culture Change Reforms, National Defence’s path forward for all recommendations made by Madame Arbour.

• A key element of our work, which is already underway, will be addressing culture concerns within the military colleges through comprehensive and collaborative reviews supported by experts so that everyone feels valued, respected, and safe.

• Furthermore, on Madame Arbour’s interim recommendation we continue to work with our partners to refer sexual assaults and other offences of a sexual nature under the Criminal Code, to civilian authorities.

• Moving forward, I also expect that the Department and the Canadian Armed Forces implement Recommendation 5, that Criminal Code sexual offences should be removed from the jurisdiction of the Canadian Armed Forces.

• In consultation with our federal, provincial and territorial partners and other stakeholders, options will be developed regarding how such jurisdictional change can occur.

• Additionally, we will work to establish a system of progressive targets for the promotion of women, increasing the number of women in General and Flag Officer ranks.

• Some recommendations will require more work and time than others to implement, such as those that involve changes to policies, regulations and legislation.

• However, we are committed to working collaboratively and effectively across the Defence Team and with our partner organizations to advance these initiatives.

• We have an ambitious roadmap towards transformational change and it will take time, but we are committed to creating lasting change and are up to the challenge.

Quick Facts

Arbour Report

• Purpose: Conduct an assessment of policies, procedures, programs, practices and culture within the DND and the CAF, to identify the causes for the continued presence of harassment and sexual despite efforts to eradicate it.

• Consultations completed: Report was informed by submissions from 335 people, 4,000 documents in response to requests for information, hundreds of interviews with stakeholders.

• Recommendations: 48 recommendations

  • 11 areas of focus including definitions of sexual misconduct, military justice system, military colleges, and the role of the Sexual Misconduct Response Centre.

  • One third (17) immediately accepted

Canadian Armed Forces culture change initiatives

• Chief Professional Conduct and Culture established in Spring 2021

• Expansion of the reach, independence, and services offered by the Sexual Misconduct response Centre

• External Comprehensive Reviews Implementation Committee (ECRIC) established

• Director General External Reviews Implementation Secretariat (DGERIS) was established to ensure a permanent governance structure for the day-to-day work of external report implementation.

• Madame Jocelyne Therrien was appointed as External Monitor

Background

*Arbour report built upon recommendations from previous reports including those from former Justice Fish and Former Justice Deschamps:

• Fish Report: Former Justice Fish was appointed to conduct an independent review of specified provisions of the National Defence Act and their operation, as is required by the Act. The report outlined 107 wide-ranging recommendations, the majority of which dealt with the military justice system, including how issues of sexual misconduct are addressed, military policing, and police oversight.

  • National Defence is currently focusing on implementing those recommendations identified as critical to the modernization of the military justice system, including:

    • Strengthening the independence of military justice actors;

    • Improving data collection and management related to military justice; and

    • Convening working groups to set the course for long-term reforms to the military justice system

• Deschamps Report: 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.

  • National Defence is currently working to implement the 10 recommendations.

Arbour interim recommendations

• Madame Arbour’s released a interim recommendations in October 2021 to immediately refer and transfer all sexual assaults and other criminal offences of a sexual nature under the Criminal Code that were at the pre-charge stage (i.e. cases were charges had yet to be laid).

• Both the Canadian Forces Provost Marshal and the Director of Military Prosecutions have accepted Madame Arbour’s interim recommendation, which continues to be implemented.

Responsible Principals: Chief Professional Conduct and Culture, Judge Advocate General, Chief Military Personnel, Sexual Misconduct Response Centre, Vice Chief of Defence Staff