Terms of Reference for the Canadian Armed Forces Systemic Racism Class Action - Coordinating Committee

1. Purpose

The Canadian Armed Forces (CAF)Systemic Racism Class Action (SRCA) Coordinating Committee (SRCA CC) is established under the framework of the Final Settlement Agreement (FSA) regarding Systemic Racial Discrimination and Racial Harassment within the CAF. The primary purpose of these Terms of Reference is to outline the areas of responsibility and authority of the SRCA CC, and its members, within the DND/CAF SRCA governance framework, as outlined in the SRCA FSA.

2. Mandate

The SRCA CC’s mandate is to provide advice, guidance, and direction over all the Systemic Relief Measures (SRMs) that form part of the SRCA FSA. The SRCA CC will oversee the implementation of systemic changes mandated by the SRCA FSA, ensuring that the SRMs, including Research and Analysis and Restorative Engagement Processes, are coordinated and consistently utilize an anti-racist, thematic approach to program and policy initiatives.

3. Systemic Relief Measures (SRMs)

The SRMs that the SRCA CC is responsible for enabling and ensuring, as outlined in the SRCA FSA, are as follows:

1. Research and Analysis
   • Conduct research focusing on the impacts of systemic barriers on the retention of Indigenous, Black, and other racialized CAF members.
   • Engage in Participatory Action Research (PAR) and apply a Multi-Level Analysis Framework with a Racial Lens to study racial discrimination and harassment within the CAF.
   • Provide recommendations based on research findings to enhance the CAF's equity plan and improve retention of racialized members.
2. Restorative Engagement Processes
   • Develop and implement Restorative Engagement Processes that are culturally competent, trauma-informed, and principle-based.
   • Ensure that these processes involve the meaningful participation of Indigenous, Black, and other racialized persons.
   • Create opportunities for Class Members to share their experiences with CAF representatives and facilitate learning and culture evolution within the CAF.
   • Lead consultations with stakeholders to inform the design and implementation of these processes.
3. Consistent and Coordinated Implementation of Broader DND/CAF Anti-Racism Themes
   • Recognition: Acknowledging DND/CAF’s legacy of harm, and commemorating / celebrating historically underrepresented groups.
   • Understanding: Conducting research and engaging in outreach and engagement to raise awareness and identify ongoing challenges resulting from systemic racism and discrimination.
   • Building Capacity: Enhancing the capabilities of DND/CAF leadership at all levels to build a diverse, equitable, inclusive, and harassment-free workplace by developing the necessary tools, training materials, and other resources.
   • Strengthening Voices: Shifting mindsets and evolving culture by elevating the voices of those with lived experiences.

These SRMs are intended to address and eliminate racism, racial discrimination, and racial harassment within the CAF, contributing to a more equitable and inclusive organizational culture.

4. Scope of Responsibilities

The SRCA CC shall be responsible for the following:

1. SRMs Guidance: Provide advice, guidance, and direction to ensure that all SRMs and other measures detailed in the SRCA FSA are implemented as per the agreed schedule, scope and guiding principles below.
2. Monitoring and Reporting: Monitor Lead Organization progress to meet stipulated interim and final report deadlines to be provided to the CDS and DM, highlighting progress, challenges, and any adjustments needed.  Upon the completion of the implementation phase, the Committee will enable and ensure the coordination of a comprehensive final report to be produced and made public, detailing the outcomes of the SRMs, and providing recommendations for sustaining the initiatives. The final report will be publicly accessible, and, in coordination with the Assistant Deputy Minister of Public Affairs (ADM(PA)), the SRCA CC will be available to address any inquiries from the public or media regarding the report's contents.
3. Consultation and Engagement: Facilitate consultations with relevant stakeholders, including but not limited to CAF members, veterans, and external experts, to gather input on the implementation of the SRMs.
4. Communication: Ensure clear and consistent communication among all partners regarding the progress and outcomes of the SRMs.
5. Advisory Role: Provide advice to the CDS, DM, and other relevant authorities on recommended adjustments or additional measures required to address any emerging issues or challenges during the implementation.

5. Permanent Members

The SRCA CC shall consist of the following:

• Chairperson: The Chairperson of the SRCA CC is the Director General of Culture (DGC) from the Chief Professional Conduct and Culture (CPCC). The Chairperson is responsible for overseeing the scope of responsibilities of the SRCA CC as laid out in Section 4.
• Class Member Representatives: As per the SRCA FSA, a minimum of three current and/or former CAF Members, each of whom identifies as a Class Member, and who serves or has served in one of the Regular Force, the Primary Reserve, the COATS, or Rangers will be represented on the SRCA CC.  Class Member selection must be completed prior to the first meeting of the SRCA CC.
• Representative of the Lead Organizations: Senior representative and/or relevant delegated staff lead from the organizations responsible for or supporting the implementation of the SRMs pillars, to include:
  • Chief of Military Personnel (CMP)
    • Director General Military Personnel Research and Analysis (DGMPRA)
  • Chief of Professional Conduct and Culture (CPCC)
    • Director General Culture (DGC)
• External Subject Matter Experts (SMEs): A minimum of three independent experts in anti-racism, restorative approaches, and organizational culture change, possessing diverse backgrounds reflecting various demographics and communities impacted by systemic racism. These SMEs may be engaged on a rotational basis, as needs of the SRCA CC evolve.

5. Non-Permanent Members

Other professional experts and representatives from additional organizations may be invited, on an as required basis, to participate in the SRCA CC meetings as non-permanent members, to provide advice and input on specific issues. They may include, but not be limited to:

• Internal DND/CAF Representatives:
  1. Defence Advisory Group (DAG) Secretariat.
  2. Defence Racialized Persons Advisory Group (DRPAG).
  3. Defence Indigenous Advisory Group (DIAG).
  4. Defence Team Black Employees Network (DTBEN).
  5. Public Affairs (ADM(PA)).
  6. Departmental Regulatory and Litigation Oversight (DRLO).
  7. Employment Equity, Diversity, and Inclusion (EEDI) Defence Team Champions for:
     • 2SLGBTQI(Plus).
     • Racialized Persons.
     • Indigenous Peoples.
     • Women.
     • Official Languages.

6. Chairperson Roles and Responsibilities

The Chairperson is responsible for the following:

1. Leadership and Direction: Provide overall leadership to the SRCA CC, ensuring that all activities align with the objectives of the SRCA FSA and the SRMs.
2. Meeting Facilitation: Schedule, organize, and lead the SRCA CC meetings, ensuring that discussions are focused, productive, and appropriately recorded.
3. Decision-Making: Guide the SRCA CC to provide advice, guidance, and direction on SRMs implementation, ensuring that all perspectives are considered, and consensus is sought. If consensus cannot be reached, decisions will be made by majority vote. In the case of a tie, the SRCA Chairperson will cast the deciding vote.
4. Selection of SMEs: In consultation with Lead Organizations, the Chairperson will establish a Statement of Work to gather a roster of qualified SMEs. The final selection of SMEs will be made with input from class counsel, and decided by consensus or – if need be - by a majority vote of the SRCA CC Members, ensuring the selected SMEs align with the goals and principles of the SRMs.
5. Governance and Accountability:
   1. Ensure that the SRCA CC adheres to its responsibilities, timelines, and guiding principles, holding members accountable for their contributions to the SRCA CC's work.
   2. Continue to engage senior leadership, including when sought, the CDS and DM, to communicate progress, challenges, and recommendations, with regards to the SRMs and the impact on long-term CAF reforms required to address racism, racial discrimination, and racial harassment within the organization.

7. Coordinating Committee Members Roles and Responsibilities

The SRCA CC members are responsible for the following:

1. Guiding Principles: Adhere to the SRMs Guiding Principles (see Annex C).
2. Attendance: Attend all scheduled meetings. Where not feasible to attend, SRCA CC members should please advise the SRCA CC in advance of the scheduled meeting.
3. Collaboration: Collaborate with other members and the Chairperson to provide pertinent guidance and advice in a timely manner.
4. Timely Completion: Complete assigned tasks in a timely manner.
5. Reports Review: Review and provide written input on quarterly progress reports, the Interim Progress Report, and the Final Progress Report.
6. Progress Update: Provide progress updates on assigned tasks including implementation of respective SRMs pillars, as applicable, and to enable awareness in the CPCC Culture Evolution Strategy or senior leadership.
7. Record of Discussion and Agenda: Review records of discussion and suggest relevant agenda topics for discussion to the SRCA CC Chairperson.
8. Conflict of Interest (COI): For serving CAF members and DND employees, review obligations under DAOD 7021-1 and the DND and CAF Code of Values and Ethics, and ensure to avoid any personal or organizational COI that could call into question the integrity, objectivity, impartiality or non-partisanship of individual roles and duties, or the DND or the CAF.
   1. A real conflict of interest is defined as existing at the present time in a situation; an apparent conflict of interest could be perceived by a reasonable observer to exist in a situation, whether or not it is the case; and a potential conflict of interest could reasonably be foreseen to exist in the future.

8. Meeting Structure and Processes

1. Frequency: The SRCA CC will meet monthly in a hybrid or virtual format in MS Teams, with additional meetings scheduled as needed based on the progress of implementation.
2. Official Languages: Meetings will be held in both official languages, and members are encouraged to express themselves in the official language of their choice.
3. Quorum: A quorum shall consist of a majority of SRCA CC members, including at least one representative from DND and CAF, and two out of the three Class Member Representatives.
4. First Meeting: The first SRCA CC meeting will be held by the end of May 2025.
5. Communication: Communication is expected and encouraged among the Committee members between meetings including secretarial discussions.
6. Administration: The DGC will act as the SRCA CC administrator and will be responsible to:
   • Schedule meetings.
   • Coordinate the procurement process to retain external SMEs.
   • Prepare and disseminate meeting agendas and materials.
   • Draft and circulate Meeting Minutes or Record of Discussion once approved by the SRCA Chairperson.
   • Translate documents into both official languages.
   • Draft the SRCA CC’s deliverables.
   • Coordinate documentation sharing, transmission and reception among members.
   • Maintain relevant documentation.

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9. Deliverables and Timelines

The SRCA CC is responsible for enabling and ensuring the timely delivery of the following Lead Organization SRMs milestones:

1. Six (6) Month Anniversary of the SRCA FSA Implementation Date^{Footnote 1} :
   • Completion of consultations on Restorative Engagement process design.
   • Selection of Subject Matter Experts.
2. Twelve (12) Month Anniversary of the SRCA FSA Implementation Date:
   • Completion of the problem definition phase, including a literature review of internal and external research.
   • Completion of the Participatory Action Research (PAR) plan with dates and deliverables. Consultations conducted on the PAR plan.
   • Completion of Restorative Engagement process design. Commencement of the Restorative Engagement Processes implementation.
3. Twenty-Four (24) Month Anniversary of the SRCA FSA Implementation Date:
   • Completion of Interim Progress Report to CDS/DM addressing issues for immediate consideration by the CDS and DM that may become apparent during the implementation of the SRMs.
4. Forty-Eight (48) Month Anniversary of the SRCA FSA Implementation Date:
   • Completion of the Final Report to the CDS/DM.

Additional Deliverables:

• Quarterly progress updates to the Parties on implementation beginning after the SRCA FSA Implementation Date.

These deliverables are critical to ensure that the goals outlined in the SRCA FSA are met within the stipulated timeframes. The timelines provided can be amended upon mutual consent by the parties involved.

10. Confidentiality

Members are expected to maintain confidentiality regarding discussions and deliberations within the Committee to preserve the integrity of the process and protect sensitive information.

11. Duration

The SRCA CC will remain active for the duration of the SRMs implementation, up until the Final Report is delivered to the CDS/DM.

12. Class Member Travel

Although all SRCA CC meetings will be hybrid or virtual in MS Teams, should the SRCA CC Chairperson deem it necessary for Class Members outside the National Capital Region to attend in-person meetings, Canada shall be responsible for travel expenses based on the National Joint Council Travel Directive (ref B).

13. Amendments

The Terms of Reference may be amended by the SRCA CC as needed to respond to evolving circumstances, with the approval of the Chairperson.

14. Annexes

• Annex A: Class Members Representatives Selection Process
• Annex B: External Subject Matter Experts (SMEs) Selection Process
• Annex C: SRMs Guiding Principles

Annex A: Class Members Representatives Selection Process

Class Member Representatives

• The Class Member Representatives will be current and/or former CAF members who identify as Class Members. These representatives will have served, or currently serve, in the Regular Force, the Primary Reserve, the Cadet Organizations Administration and Training Service (COATS), or the Canadian Rangers.
• The selection process will aim for diverse representation across gender, race, ethnicity, geography, element, and other intersectional factors.

Selection Process

1. Call Out:
   • CPCC will issue a call out for an Expression of Interest for Class Member Representatives, supported by ADM(PA), through a variety of communication channels, including the DAG Secretariat and relevant DND/CAF employees’ networks.
   • This call out will be released on March 6 2025.  
   • The call out will describe the Class Member representatives’ roles and responsibilities as outlined in Section 7 of the SRCA CC TORs above.
2. Expression of Interest:
   • Interested individuals will have four weeks from the Call Out date to express their interest in becoming a Class Member representative.
3. Selection Decision:
   • Once the period to express an interest in becoming a Class Member representative is over, the Defence Advisory Group Secretariat will compile a list of potential Class Member representatives.
   • The list of proposed Class Member representatives will then be provided to the Parties for consideration.
   • The Parties will make all reasonable efforts to reach an agreement upon the selection of at least three Class Member representatives from the list.
   • Failing any such agreement between the Parties, class counsel shall  select the representatives from the list.

Annex B: External Subject Matter Experts (SMEs) Selection Process

External SMEs

External SMEs are crucial for providing expertise and guidance in addressing systemic racism within the CAF. These experts should:

• Possess diverse backgrounds that reflect the various demographics and communities impacted by systemic racism.
• Include individuals with lived experiences and ensure equitable representation across gender, race, ethnicity, and other relevant characteristics.
• Have expertise grounded in anti-racism approaches or Indigenous ways and knowledge, with a strong understanding of systemic racism and its impacts.
• Be able to fulfill the role of subject matter advisors to the SRCA CC and the Lead Organizations for the SRMs.
• All feedback from SMEs will be considered equally, with no hierarchy or primacy among the experts. 

Contracts and Procurement

• Contracts with SMEs will be arranged and established in accordance with Government of Canada contracting rules and guidelines.

External SME Selection Process

1. Initial List Preparation:
   • The DGC will prepare a list of potential external SMEs.
   • This list will include individuals who meet the criteria of having diverse backgrounds, lived experiences, and expertise in anti-racism approaches or Indigenous knowledge systems.
2. Consultation and Shortlisting:
   •  The SRCA CC Chairperson will review the list and consult with the SRCA CC Members involved in the SRMs implementation.
   • Based on this consultation, the SRCA Chairperson will develop a shortlist of external SMEs who are best suited to contribute to the SRMs and related activities.
3. Final Consideration
   • The shortlist of external SMEs will be shared with Class Counsel for their consideration.
   • The final selection of SMEs will be made with input from Class Counsel, and decided by consensus or – if need be - by a majority vote of the SRCA CC Members, ensuring the selected SMEs align with the goals and principles of the SRMs.

This selection process ensures that the SMEs engaged in the SRMs pillars and related activities are not only experts in their fields but also represent the diverse perspectives and experiences necessary to address systemic racism effectively.

Annex C: SRMs Guiding Principles

The SRCA CC and its members will adhere to all the SRCA FSA Guiding Principles by integrating these principles into every aspect of its operations and decision-making processes. Below is a detailed explanation of how the SRCA CC will ensure alignment with each principle (SRCA FSA Appendix D, Schedule A):

1. Cultural Humility:
   • The SRCA CC will consistently reflect on the power dynamics and privileges within its operations, recognizing the inherent imbalances in systems and organizations. Members will approach their work with an open mind, valuing the diverse perspectives and experiences of all participants.
2. Distinctness and Intersectionality of Racism:
   • The SRCA CC will acknowledge and address the unique ways in which racial discrimination and harassment affect different groups, particularly along intersectional lines such as race, gender, and ethnicity.
   • Decisions will be informed by intersectional analysis to ensure that the specific needs and experiences of various groups are considered and addressed in the SRMs.
3. Evidence-Informed Approach:
   • The SRCA CC will base its recommendations on concrete evidence gathered through rigorous research. The SRCA CC will ensure that data and research findings guide the planning, implementation, and evaluation of SRMs.
   • Regular reviews of research outputs will be conducted to ensure that the SRCA CC remains aligned with the latest evidence and best practices in addressing systemic racism and discrimination.
4. Inclusive Process:
   • The SRCA CC will meaningfully engage Indigenous, Black, and other racialized CAF members at every stage of the SRMs. Their expertise and lived experiences will inform all aspects of planning and decision-making.
   • The SRCA CC will actively seek input from these communities, ensuring their voices are central to the process and that their feedback is integrated into the outcomes.
   • All advice, input, and feedback from the SRCA CC members will be valued and respected, ensuring that no member's contributions hold hierarchy or primacy over others.
5. Historical Impact:
   • The SRCA CC will recognize and address the historical context of racial discrimination, including Canada’s history of colonialism, slavery, and segregation. This understanding will inform the SRCA CC’s approach to identifying and dismantling systemic barriers.
   • Educational initiatives and discussions will be considered to ensure that all SRCA CC members have a deep understanding of these historical impacts and their ongoing effects within the CAF.
6. Organizational / Collective Impact Approach:
   • The SRCA CC will work collaboratively with all commands and units across the CAF to ensure that systemic barriers are addressed comprehensively. The SRCA CC will facilitate coordination among different parts of the organization to maximize the collective impact of the SRMs.
   • Best practices and lessons learned from various units will be shared across the CAF to foster a unified approach to systemic change.
7. Restorative Approach:
   • The SRCA CC will prioritize a restorative approach, placing people and their relationships at the center of its work. The SRCA CC will pay close attention to the connections, contexts, causes, and impacts of racial discrimination and harassment.
   • Restorative practices will be embedded in the SRMs, with an emphasis on healing, reconciliation, and building stronger, more equitable relationships within the CAF.
8. Trauma-Informed Care:
   • The SRCA CC will ensure that all processes are trauma-informed, recognizing the potential for re-traumatization and its impact on recovery. The SRCA CC will adopt a client-centered approach that supports healing and recovery for all participants.
   • Support services will be provided to SRCA CC members and participants to help them navigate the emotional and psychological challenges that may arise during the implementation of SRMs.
   • All members are encouraged to practice self-care - a proactive approach to honouring, nurturing, and protecting the mind, body, and spirit.
9. Universalism:
   • The SRCA CC will operate on the principle that removing systemic barriers benefits everyone within the organization, not just those directly affected by racial discrimination. The SRCA CC will work to create a better working environment for all by addressing and eliminating these barriers.
   • The SRCA CC will communicate the broader benefits of the SRMs to the entire CAF, fostering a culture of inclusivity and shared responsibility for organizational change.

By adhering to these guiding principles, the SRCA CC will ensure that the implementation of the SRMs is effective, equitable, and aligned with the overarching goals of the SRCA FSA.

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