Compliance of Canadian Forces School of Military Engineering Order 5-02 with Defence Administrative Order and...

Topic

Compliance of Canadian Forces School of Military Engineering Order 5-02 with Defence Administrative Order and Directive (DAOD) 5039-6, Delivery of Training and Education in Both Official Languages.

Case number

• 2013-067 (F&R Date: 2014–03–26)

Description

While reviewing a grievance from a member who had failed his apprentice refrigeration technician course, the Committee obtained confirmation that, when the courses are given exclusively in English, the Canadian Forces School of Military Engineering (CFSME) fails to provide simultaneous interpretation of all the subject matter or translation of the course materials. In fact, Paragraph 2 of Canadian Forces School of Military Engineering Order 5‑02 states that representatives of the chain of command shall encourage staff and students to provide and receive services in the official language of their choice as much as possible. The Order goes on to state that “clearly, the availability of personnel and resources will have an impact on the School’s ability to achieve this objective.” ¹ The Committee concluded that this argument infringes DAOD 5039‑6, Delivery of Training and Education in Both Official Languages. The Committee concluded that neither the CFSME nor any other CAF institution may restrict the rights granted to members through DAOD 5039‑6 on the sole grounds that they lack the necessary resources to set up a system allowing them to be in compliance.

¹ As the original English text was not available, this excerpt is a translation from the French — Trans.

Recommendation

The Committee recommended that the CDS order the immediate review and rewording of Canadian Forces School of Military Engineering Order 5-02 to conform with DOAD 5039-6 regarding individual training and education.

The Committee also recommended that the CDS order the appropriate authorities to promptly take the necessary steps to implement a teaching environment that will honour CAF commitments (DAOD 5039-6) regarding individual training and education for the apprentice refrigeration technician course.

Final Authority Decision

The CDS held that paragraph 2 of Order 5-02 of the Canadian Forces School of Military Engineering refers to the obligation of bilingual units to offer services in the official language of choice and is unrelated to the CAF’s responsibility to offer instruction and training in the official language chosen; the former requirement derives from Part V of the OLA, whereas the second derives from Part IV of that Act.  The CDS is satisfied that responsibilities for training squadrons are clearly spelled out in that Order.

Through its decision, the CDS ordered the responsible authority to implement appropriate contracts to ensure that the CAF fulfills its obligations under the OLA when services are delivered by a third party. The CDS ordered the Canadian Army Doctrine and Training Centre to implement the appropriate measures to ensure that the refrigeration course, provided by a third party, be available in both official languages as soon as possible. The CDS added that all similar future contracts include the necessary clauses in compliance with the policies in effect so that the department’s obligations concerning the OLA are met.