Question Period Note: External Monitor Report

It has been nearly a year since Madame Arbour released her report. When will we finally see an implementation plan?

• We are committed to creating meaningful culture change at National Defence and in the Canadian Armed Forces.
• As part of these efforts, I welcomed the first biannual External Monitor status report from Madame Therrien today.
• This report provides an overview of the work underway to implement the recommendations made by former Supreme Court Justice Louise Arbour.
• For instance, in keeping with recommendation 12, the Sexual Misconduct Response Centre has now changed its name to the Sexual Misconduct Support and Resource Centre (SMSRC), which better reflects the organization’s mandate.
• The SMSRC has also expanded its services to Cadets, Junior Canadian Rangers, and to family members of the Defence community over age 16.
• Further, a federal-provincial-territorial Deputy Minister-level committee has convened to inform our path forward on Recommendation 5 to remove CAF jurisdiction over several Criminal Code sexual offences.
• We are also continuing work on recommendations 28 and 29, including seeking out external experts to lead a comprehensive review of the military colleges.
• I am extremely grateful for Madame Therrien’s work on this report as we continue to implement long lasting reforms.

If pressed on the number of Criminal Code sexual offences that have been transferred:

• The number of cases referred by the Military Police changes regularly.
• To date, more than half of the cases the Military Police have sought to refer to federal, provincial, and municipal police services have been accepted.

If pressed on Duty to Report:
* We are taking a trauma-informed policy approach in our assessment of Madame Arbour’s recommendation.
* This will ensure that we have a comprehensive, victim-centric plan to address the Duty to Report, in line with broader culture change efforts.
If pressed on limiting alcohol consumption:
* There is no single solution for addressing complex issues like alcohol and drug consumption or sexual misconduct.
* As such, we are examining external recommendations and engaging directly with Defence Team members to ensure their lived experiences are reflected in our priorities, approaches, and activities.

Recommendation 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 the External Comprehensive Reviews Implementation Committee (ECRIC).
• The External Monitor should produce a monthly “monitoring assessment and advice” report directly to the Minister and publish bi-annual public reports.

Mandate of the External Monitor:

• The External Monitor’s mandate is to provide advice to the Minister of National Defence in the oversight of the implementation of the recommendations of the Independent External Comprehensive Review by the Department of National Defence and the Canadian Armed Forces and, at the direction of the Minister, report the recommendations of any other external reviews that have been accepted by the Minister or the Government such as:
  • The Third Independent Review (IR3) of the Military Justice System (Fish Report);
  • The Minister’s Advisory Panel on Systemic Racism and Discrimination Final Report; and
  • The External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces (Deschamps Report).
• In relation to the implementation of the recommendations by the Department of National Defence and the Canadian Armed Forces, the External Monitor will:
  • Observe and document the progress, and capability, to implement the recommendations;
  • Provide monthly reports to the Minister of National Defence relating to the implementation of the recommendations;
  • Provide to the Minister of National Defence, every six months from the date of appointment, a progress report, in both official languages, that is suitable for publication by the Minister;
  • To ensure effectiveness, the External Monitor will be provided with resources to establish a small team to support their work; and
  • Participate in public engagements related to the role and to the reports produced at the request of the Minister.

External Monitor Report

• Madame Therrien’s report reflects her review of efforts towards implementing certain IECR recommendations, which are categorized under three themes:
  • Prevention (recommendations 6, 15, 20, 22, 23, 24, 25, 27, 28, 29)
  • Support to affected persons (recommendations 5, 11, 12, 13, 14, 16, 17, 18, 19, 43)
  • Input and oversight (recommendations 41, 42, 45, 46)
• In her report, Madame Therrien notes that in her second status report this October, she will provide an update on all the aforementioned recommendations in addition to those that she has not yet touched upon, including:
  • Recruitment;
  • Promotions, succession planning and appraisals;
  • Secondments;
  • Increasing the percentage of women;
  • Application of GBA + analysis to universality of service;
  • Complaints and grievances; and,
  • Policy framework/definitions.
• In addition to reporting on the work to implement recommendations contained in the IECR report, Madame Therrien highlights other initiatives currently underway that promote positive culture change and contribute to “moving the needle forward”, including the creation of the Chief Professional Conduct and Culture in 2021.

External Monitor

• In her report, Madame Therrien provides an overview of culture reform initiatives under three themes: prevention; support to affected persons; and input and oversight.
• She also identifies areas that she will review more in-depth over the next six months.
• On October 24, 2022, the Minister announced the appointment of Jocelyne Therrien as External Monitor for an initial term of one year, to oversee National Defence’s efforts to implement Independent External Comprehensive Review (IECR) recommendations.

Minister’s Report to Parliament

• In December 2022, the Minister of National Defence presented a Report to Parliament, outlining the steps that the Government of Canada would take to respond to all 48 recommendations included in the IECR.
• National Defence continues to work on meaningful reform and culture change in response to the recommendations.
  Independent External Comprehensive Review (IECR)
• Former Supreme Court Justice Louise Arbour launched the IECR in April 2021 to shed light on the causes of harassment and sexual misconduct in the CAF, by reviewing policies, procedures, programs, practices, and culture within National Defence.
• The final IECR report was made public on May 30, 2022.
  Transfer of Criminal Sexual Offences to Civilian Authorities
• The CAF has referred 93 cases of criminal sexual offences to civilian police since December 2021.
  • 64 of the cases are under investigation.

Budget 2021

• National Defence allocated $236.2M in funding over the next five years to expand the department’s work to eliminate sexual misconduct and gender-based violence in the military and support survivors.
• The funding included a proposal to enhance internal support services to victims, including access to free, independent legal advice and enabling affected individuals to access services without making a formal complaint.