Question Period Note: SUPPORT FOR MILITARY SEXUAL MISCONDUCT SURVIVORS

• The Government of Canada recognizes the unique needs of those impacted by sexual misconduct in the Canadian Armed Forces.

• Veterans Affairs Canada places the highest priority on ensuring Veterans and their families have the services they need when and where they need them.

• Veterans Affairs Canada has a continuum of programs and supports for those who become ill or injured in the line of duty. This includes those impacted by military sexual misconduct.

• We are ensuring access to specialized services and supports required to appropriately address the impacts on their personal health and well-being. We are dedicated to meeting their needs.

• We are actively working with the Department of National Defence’s Sexual Misconduct Response Centre to develop additional supports for those who have experienced military sexual misconduct.

BACKGROUND – SUPPORT FOR MILITARY SEXUAL MISCONDUCT SURVIVORS

Under a clear mandate to the Minister of National Defence in Budget 2021, Veterans Affairs Canada (VAC) is actively working with the Department of National Defence to ensure support is available to Veterans affected by sexual misconduct in the military. This includes access to peer support services and services provided by DND’s Sexual Misconduct Response Centre (SMRC).

VAC places the highest priority on ensuring Veterans and their families, including those impacted by military sexual misconduct, have the services they need when and where they need them. Current supports are through a suite of benefits including mental health services, disability and related health care benefits, rehabilitation services, financial benefits and support to families.

With the understanding that each person can be impacted differently, our commitment to support these diverse needs include a number of approaches:

• Veteran access to DND’s SMRC services, including 24/7 phone line for confidential support as well as access to ongoing assistance when needed;
• VAC Assistance Service offers Veterans one-on-one mental health services 365 days a year, 24/7;
• The Togetherall Discussion Forum, an anonymous online community for Canadians affected by military sexual trauma;
• 10 Operational Stress Injury (OSI) Clinics across the country comprised of muti-disciplinary teams who have expertise in military-related traumas;
• 9 OSI satellite service sites to help Veterans access services closer to where they live;
• All OSI Clinics and satellite service sites offer face to face and virtual services;
• A network of more than 12,000 Medavie Blue Cross registered mental health professionals across Canada to which Veterans have access.

Veterans and/or CAF members who have a physical or mental health condition related to military sexual trauma, such as Post Traumatic Stress Disorder, depression and/or physical conditions, are encouraged to apply to VAC for disability benefits. VAC has a dedicated unit to process these applications. Implemented April 1, 2022 is the new Mental Health Benefits. Veterans living in Canada who apply for a disability benefit for certain mental health conditions – as well as those who have already applied and are awaiting a decision – are automatically qualified for Mental Health Benefits coverage. Under this Mental Health Benefits, Veterans have up to two years of coverage for treatment for conditions such as anxiety and depressive disorders, or trauma-and-stress-related disorders.

In addition to its existing suite of services and programs, VAC continues to work closely with the SMRC, CAF-DND counterparts and partners to enhance supports specific to Military Sexual Trauma. To highlight a few key updates:

o In March 2020, VAC announced its Office of Women and LGBTQ2 Veterans. The office works to identify systemic issues specific to women and LGBTQ2 Veterans, and to advance gender equality, diversity and inclusion for all Veterans.
o In December 2021, the SMRC’s mandate was expanded to include Veterans. This means Veterans will now have access to the important supports provided by the SMRC. This is in addition to compensation and support that Veterans Affairs can provide to individuals with a medical condition related to sexual trauma suffered while in service.
o VAC/DND’s joint initiative to develop a peer support program for survivors of military sexual misconduct. This responds to the settlement of the Canadian Armed Forces - Department of National Defence Sexual Misconduct Class Action (also known as the Heyder-Beattie Class Action) and legal obligations on implementation of the restorative engagement program under the final settlement agreement.

These initiatives are part of the implementation of supports announced in Budget 2021, that address broader Government of Canada objectives related to the National Action Plan to end Gender-Based Violence, and addressing sexual misconduct and culture change in the Canadian Armed Forces.

When Pressed (Heyder-Beattie):
Q1 – How many cases came forward and how efficient was our decision-making process around those cases?
Veterans Affairs Canada prioritizes all Disability Benefits applications related to sexual trauma and directs them to the dedicated unit for processing. From June 1, 2020 to September 30, 2022, this dedicated unit processed 2,014 Disability Benefits applications with a favourable rate of 96%.
Q2 – Have you consulted people with lived experience on the Military Sexual Trauma Peer Support Program delivery?
The peer support program is based on a ‘human centred design’ approach. This approach requires engaging with persons with lived and living experience (PWLLE). Thus, this program and pilot are being co-developed with the community.
Consultations with PWLLE were held in the Fall of 2021 to help create the scope of the peer support program that is representative of the needs of current and former CAF members who have experienced Military Sexual Trauma (MST). The Consultation Report was published on March 29, 2022.

Q3 – What are the next steps now that the consultation report is published?
The Togetherall Discussion Forum anonymous online community was launched on June 22, 2022.

The highest priority for the project teams are to finalize documentation and manage the procurement process in order to award a contract for the execution of a Peer Support Pilot and program delivery across Canada.

VAC and the SMRC are also focused on staffing all remaining Public Service positions for the program.

Q4 - Does VAC have a contingency plan to support the community while developing the program?
The SMRC leadership intend to host a virtual event (late Fall 2022) to update Canadians affected by military sexual trauma on a number of developments pertaining to program initiatives.
The project teams will work with communications staff to develop and execute a long term social media campaign that will promote the benefits of and provide updates on the Togetherall Discussion Forum and other program development and human centred design activities.

Q5 – What peer support services will be delivered specifically to individuals affected by Military Sexual Trauma?
A5. The Togetherall Discussion Forum, an anonymous online community was launched on June 22, 2022 to offer Canadians affected by military sexual trauma with a community of support and resources.

The project teams are currently working through a procurement process to award a contract to an organization that will execute a Peer Support Program pilot and program delivery across Canada.
The SMRC is working in close cooperation with Defence Research and Development Canada on the Confide application that will serve as a virtual tool that program participants can use to located Peer Supporters in their community and support virtual communications.
When Pressed (Merlo-Davidson):
Q1 – Can the department respond to why this happened?
A1. The Final Settlement agreement in the Merlo Davidson Class Action included a clause which specified that other government departments (such as VAC) may make pension adjustments in accordance with the applicable legislation. The Pension Act does not provide any discretion when applying Section 25. This means that the Department cannot provide a monthly Disability Pension without considering what other amounts are being provided to the individual for the same condition.

When a member applies for a Disability Pension, the application asks if they are applying for compensation for the same disability from another source. If an individual receives a class-action settlement for the exact same condition/incident for which they receive a pension, it is considered compensation. Therefore, the settlement may impact Disability Pension benefits for RCMP members involved in the case.

Details of the final settlement agreement can be found at this link starting on page 107 of the report: https://www.rcmp-grc.gc.ca/en/final-report-implementation-merlo-davidson-settlement-agreement

Q2 – Can discretion be used when applying Section 25 of The Pension Act? How is it decided how much a person's pension will be reduced by? Can discretion be used when deciding on the amount?
A2. The Pension Act does not provide any discretion when applying Section 25. This means that the Department cannot provide a monthly Disability Pension without considering what other amounts are being provided to the individual for the same condition.
Section 26 of the Pension Act sets out the calculation for determining the amount of monthly pension reduction when an individual is receiving compensation from two sources for the same condition.
Q3 – In the gender based class action for harassment and discrimination by the RCMP, it was ruled that the RCMP was wrong. This, of course, resulted in the payout to victims. Why, then, is it ethical for Veterans Affairs (also the federal government) to reduce a pension for PTSD that was caused by the federal government?
A3. The Department is required by law to reduce the Disability Pension if an individual has been compensated from two sources for the same injury.