DAOD 5019-7, Alcohol Misconduct

Table of Contents

1. Introduction
2. Definitions
3. Abbreviations
4. General Principles
5. Education
6. Process for Alcohol Misconduct
7. Process for Conduct Deficiency Involving Alcohol
8. Administrative Action
9. Treatment and Rehabilitation
10. Compliance and Consequences
11. Responsibilities
12. References

1. Introduction

Date of Issue: 2010-07-12

Date of Last Modification: 2022-06-20

Application: This DAOD is an order that applies to officers and non-commissioned members of the Canadian Armed Forces (“CAF members”).

Supersession:

• CFAO 19-31, Misuse of Alcohol
• CANFORGEN 092/02, Clarification to Misuse of Alcohol Policy
• CANFORGEN 134/12, Decentralization of Authorities Related to Remedial Measures and Administrative Actions
• CANFORGEN 112/14, Amendment – Decentralization of Authorities Related to Remedial Measures and Administrative Action

Approval Authority: Chief of Military Personnel (CMP)

Policy Offices of Primary Interest:

• Director Military Careers Policy and Grievances (DMCPG) (for policy)
• Director Military Careers Administration (DMCA) (for policy administration)
• Director General Health Services (DGHS) (for health education, assessment, treatment and rehabilitation)

Enquiries: Administrative Response Centre (ARC)

2. Definitions

alcohol misconduct (inconduite liée à l'alcool)

Any conduct, other than a conduct deficiency involving alcohol, that is an offence under the Criminal Code or a service offence under the Code of Service Discipline that includes the consumption or influence of alcohol as an element of the offence or as a contributing factor.

Notes 1. Alcohol misconduct includes the following offences in which alcohol is an element of the offence:
•    impaired driving;
•    impaired driving causing bodily harm or death;
•    refusing to comply with a demand to provide a breath or blood sample; and
•    drunkenness under section 97 of the National Defence Act or an offence related to QR&O article 19.04, Intoxicants.
2. Alcohol misconduct includes the offences of stealing, assault and sexual assault when alcohol is a contributing factor in these offences. (Defence Terminology Bank record number 42877)

conduct deficiency involving alcohol (écart de conduite lié à l'alcool)

Any conduct or performance involving alcohol that:

a) is a service infraction under QR&O article 120.04, Infractions in Relation to Drugs and Alcohol;

b) is an offence under provincial or municipal law; or

c) demonstrates personal financial mismanagement or any other conduct or performance deficiency.  (Defence Terminology Bank record number 43020)

3. Abbreviations

4. General Principles

Context

4.1 The CAF recognizes that alcohol use exists on a spectrum from healthy to debilitating.

4.2 Maintaining a healthy regard for alcohol is achieved through education, and treatment if necessary.

4.3 Alcohol dependency is considered a disability under section 25 of the CHRA. The CAF must accommodate disabilities up to the point of undue hardship, subject to the requirements of the principle of universality of service.

4.4 Although there may exist a link between a demonstrated behavioural issue and a disability, a disability does not automatically excuse a CAF member from the requirement to meet the established standards of conduct and performance set out in the regulations, codes of conduct, policies, orders, instructions and directives applicable to the CAF member. However, the responsible authority must take the disability and the CAF member’s overall conduct and performance into account and ensure that any administrative action does not conflict with the CHRA.

4.5 Alcohol use may lead to behaviours that can impact morale and public perception of the CAF.

Applicant for Enrolment, Re-engagement or Re-enrolment

4.6 A person who has engaged in alcohol misconduct may be refused enrolment, re-engagement or re-enrolment in the CAF.

Standard of Conduct

4.7 CAF members are prohibited from engaging in alcohol misconduct.

Consequences

4.8 A CAF member who engages in alcohol misconduct is liable to criminal, disciplinary and administrative action, including release.

4.9 Alcohol misconduct and conduct deficiency involving alcohol must be dealt with in a timely fashion.

Responsibilities of CAF Members

4.10 A CAF member is required to report:

• alcohol misconduct by another CAF member, in accordance with QR&O subparagraph 4.02(1)(e), General Responsibilities of Officers, or QR&O subparagraph 5.01(e), General Responsibilities of Non-Commissioned Members, as applicable; and
• their arrest by a civil authority, in accordance with QR&O article 19.56, Report of Arrest by Civil Authority.

Reporting an Incident

4.11 An incident of alcohol misconduct or suspected alcohol misconduct must be reported to:

• the CAF member's CO through the CoC; or
• the military police.

5. Education

General

5.1 The CAF policy on alcohol misconduct and conduct deficiency involving alcohol must be made known to:

1. all applicants on enrolment or re-enrolment in the CAF;
2. CAF members during recruit and basic officer training; and
3. CAF members on leadership courses.

Specific Programmes

5.2 Specific alcohol education programmes consist of:

1. informing applicants on enrolment and re-enrolment in the CAF, and CAF members during recruit and basic officer training and leadership courses, of the content of this DAOD;
2. ensuring that CAF members regularly receive alcohol awareness information under the Health Promotion Program;
3. ensuring that CAF members in leadership positions are trained under the Health Promotion Program to:
   1. identify the signs of alcohol abuse and alcohol dependence;
   2. take an active role in detection of the signs of alcohol abuse and alcohol dependence;
   3. provide guidance and information to CAF members; and
   4. refer a CAF member to health services resources in any misconduct where alcohol is suspected to be a factor (see section 9 of this DAOD).

6. Process for Alcohol Misconduct

Action by CO and DMCA

6.1 After any report of a CAF member's alcohol misconduct or suspected alcohol misconduct, the CO must:

1. refer the member to a CAF medical care provider using form DND 4006-E, Medical Referral and Certification;
2. obtain legal advice from the local JAG representative; and
3. consider action under QR&O article 101.09, Relief from Performance of Military Duty – Pre and Post Trial.

6.2 The CO is the AA for remedial measures up to and including C&P for any misconduct related to alcohol by Reg F and Res F CAF members. Should repeated misconduct related to alcohol or a significant issue related to alcohol occur, the CO should contact DMCA for guidance to determine if a notice of intent to recommend release is warranted. Should the CAF member’s release be recommended by a CO, DMCA has administrative responsibility.

6.3 Upon notification by a CO to recommend release, DMCA may initiate an AR as appropriate under DAOD 5019-2, Administrative Review.

Action by other CAF Authorities

6.4 The following table describes the actions of other CAF authorities when an incident of a CAF member's alcohol misconduct or suspected alcohol misconduct has been reported:

CAF Member Tried for an Alcohol Misconduct Offence

6.5 If a CAF member is tried for an alcohol misconduct offence, the CO must obtain, upon the conclusion of the court martial or civil court proceeding, the documents listed in the following table:

6.6 If the CO recommends release, the CO must, for the purpose of initiating an AR, forward to DMCA:

1. all the above applicable documents;
2. any conduct sheet of the CAF member, updated as required;
3. a summary of the evidence;
4. he CO's recommendation for release, with explanation; and
5. any other relevant information to assist in the AR.

6.7 If DMCA considers, upon notification by a CO, that sufficient evidence is available to warrant the CAF member’s release under QR&O Chapter 15, Release, DMCA may initiate an AR under DAOD 5019-2.

CAF Member Not Tried for an Alcohol Misconduct Offence

6.8 If a CAF member is not tried for an alcohol misconduct offence but the CO recommends release, the CO must, for the purpose of initiating an AR, forward the following to DMCA:

1. all information concerning the reported incident;
2. any conduct sheet of the CAF member;
3. the CO's recommendation for release of the CAF member, with explanation; and
4. any other relevant information to assist in the AR.

6.9 If DMCA considers, upon notification by a CO, that sufficient evidence is available to warrant the CAF member’s release under QR&O Chapter 15, DMCA may initiate an AR under DAOD 5019-2.

7. Process for Conduct Deficiency Involving Alcohol

Action by CO

7.1 After any report of a CAF member's conduct deficiency involving alcohol or a suspected conduct deficiency, the CO must:

1. conduct an initial evaluation;
2. consult with the local JAG representative to determine the required action in accordance with this DAOD, other relevant DAODs and QR&O article 101.09;
3. consider relieving the CAF member from the performance of military duty in accordance with QR&O article 101.09;
4. ensure that the matter is investigated;
5. if warranted, conduct a summary hearing, or cause one to be conducted;
6. administer, if appropriate, a remedial measure in accordance with paragraph 8.5 of this DAOD if an AR is not conducted; and
7. refer the member to a CAF medical care provider in accordance with CFAO 34-56, Mental Disorders, using form DND 4006-E.

7.2 The CO must refer any incident to DMCA for an AR if the conduct deficiency involving alcohol demonstrates a significant lack of judgement relating to the performance of the CAF member's duties or disregard for the safety of others.

Note – Additional information on the responsibility of a CO is set out in the CDS Guidance to Commanding Officers.

8. Administrative Action

Evidence

8.1 Administrative action in respect of alcohol misconduct or a conduct deficiency involving alcohol may be imposed only if there is clear and convincing evidence establishing on the balance of probabilities that alcohol misconduct or a conduct deficiency involving alcohol has occurred.

Administrative Action if an AR is Conducted

8.2 Before determining appropriate administrative action, the applicable AA, as set out in the table to paragraph 4.6 of DAOD 5019-2, must consider all the evidence surrounding the incident. In weighing that evidence, the AA must consider the following:

1. the facts of the case, including the significance and impact of the alcohol misconduct or conduct deficiency involving alcohol;
2. the CAF member’s entire period of service, taking into account the CAF member’s rank, military occupation, experience and position;
3. any representations made by the CAF member that directly relate to the alcohol misconduct or conduct deficiency involving alcohol;
4. any conduct or performance assessment, evaluation or constructive criticism previously received by the CAF member in respect of alcohol misconduct or a conduct deficiency involving alcohol;
5. any previous misconduct or deficiency substantially related to the present alcohol misconduct or conduct deficiency involving alcohol and the amount of time that has elapsed between the two (e.g. C&P is more likely to be initiated for a CAF member in respect of whom a recorded warning was initiated six months ago for a related deficiency, than in respect of whom a similar recorded warning was initiated 20 years ago);
6. the existence of any relevant MEL or disclosed disability, subject to the requirements of the principle of universality of service; and
7. any relevant factors in associated policies or orders related to the specific alcohol misconduct or conduct deficiency involving alcohol.

8.3 As a general principle, the appropriate administrative action is one that best reflects the degree of incompatibility between the CAF member’s:

1. alcohol misconduct or conduct deficiency involving alcohol; and
2. continued service in the CAF.

8.4 Administrative action that may be imposed is set out in paragraph 5.9 of DAOD 5019-2.

Administrative Action if an AR is not Conducted

8.5 If a CAF member has engaged in alcohol misconduct or a conduct deficiency involving alcohol and an AR is not conducted, a CO may administer a remedial measure in accordance with DAOD 5019-4, Remedial Measures.

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9. Treatment and Rehabilitation

General

9.1 The CoC is responsible for ensuring that a CAF member who is believed to be displaying unacceptable alcohol-related conduct or performance is referred to a CAF medical care provider for assessment. A referral is ordered using form DND 4006-E.

9.2 The DGHS is responsible for the assessment, diagnosis, treatment and follow-up of a CAF member referred by the CoC.

9.3 The entitlement to medical care, including treatment and rehabilitation, for members of the Reg F, the Res F, the Special Force, a force of a North Atlantic Treaty Organization state, or any other military force as directed by the Minister of National Defence, is set out in QR&O article 34.07, Entitlement to Medical Care. The provision of medical care is the responsibility of DGHS.

Responsibilities of CAF Medical Care Providers

9.4 Only a CAF medical care provider or a CAF addictions counsellor may assess, recommend treatment for, and treat alcohol use disorder, as described in the current edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

9.5 A CAF medical care provider must fully describe and explain to the CO, by appropriate means, any MELs assigned to the CAF member and any time required away from the workplace for medical reasons.

9.6 The CAF member may consent to the disclosure of other information.

9.7 A CAF medical care provider may be required by law in certain circumstances to disclose information about a CAF member to a third party without the consent of the CAF member.

CAF Member Responsibility

9.8 A CAF member must inform their supervisor of any MELs and any time required away from the workplace for medical reasons. The CAF member must comply with all MELs.

Voluntary Treatment

9.9 A CAF member who is concerned about their alcohol use is encouraged to voluntarily seek the assistance of medical services.

Treatment Refusal

9.10 Treatment for alcohol use disorder is voluntary, i.e. a CAF member is not obliged to accept treatment. However, a CAF medical care provider must document any refusal of treatment on the CAF member's medical file and must fully describe and explain to the CO, by appropriate means, any continuing MELs assigned to the CAF member and any time required away from the workplace for medical reasons.

9.11 Refusing treatment for alcohol use disorder does not preclude:

1. the CO making another mandatory referral for medical assessment at a later date; or
2. the CAF member volunteering for assessment or treatment at a later date.

10. Compliance and Consequences

Compliance

10.1 CAF members must comply with this DAOD. Should clarification of the policies or instructions set out in this DAOD be required, CAF members may seek direction through their CoC. Military supervisors have the primary responsibility for and means of ensuring the compliance of CAF members with this DAOD.

Consequences of Non-Compliance

10.2 CAF members are accountable to their military supervisors for any failure to comply with the direction set out in this DAOD. Non-compliance with this DAOD may have consequences for both the CAF as an institution, and for CAF members as individuals. Suspected non-compliance may be investigated. Military supervisors must take or direct appropriate corrective measures if non-compliance with this DAOD has consequences for the CAF. The decision of a level one advisor or other senior official to take action or to intervene in a case of non-compliance, other than in respect of a decision under the Code of Service Discipline regarding a CAF member, will depend on the degree of risk based on the impact and likelihood of an adverse outcome resulting from the non-compliance and other circumstances of the case.

10.3 The nature and severity of the consequences resulting from non-compliance should be commensurate with the circumstances of the non-compliance and other relevant circumstances. Consequences of non-compliance may include one or more of the following:

1. the ordering of the completion of appropriate learning, training or professional development;
2. the entering of observations in individual performance evaluations;
3. increased reporting and performance monitoring;
4. the withdrawal of any authority provided under this DAOD to a CAF member;
5. the reporting of suspected offences to responsible law enforcement agencies;
6. the application of specific consequences as set out in applicable laws, codes of conduct, and CAF policies and instructions;
7. other administrative or disciplinary action, or both, for a CAF member; and
8. the imposition of liability on the part of Her Majesty in right of Canada and CAF members. 

11. Responsibilities

Responsibility Table

11.1 The following table identifies responsibilities with this DAOD:

12. References

Acts, Regulations, Central Agency Policies and Policy DAOD

• Canadian Human Rights Act
• Criminal Code
• National Defence Act
• Privacy Act
• QR&O article 4.02, General Responsibilities of Officers
• QR&O article 5.01, General Responsibilities of Non-Commissioned Members
• QR&O Chapter 15, Release
• QR&O article 19.04, Intoxicants
• QR&O article 19.56, Report of Arrest by Civil Authority
• QR&O article 19.61, Certificate of Conviction
• QR&O article 19.62, Action Following Conviction by Civil Authority
• QR&O article 34.07, Entitlement to Medical Care
• QR&O article 101.09, Relief from Performance of Military Duty - Pre and Post Trial
• DAOD 5019-0, Conduct and Performance Deficiencies

Other References

• DAOD 5019-2, Administrative Review
• DAOD 5019-4, Remedial Measures
• DOAD 5023-0, Universality of Service
• DAOD 5070-1, Military Employment Structure Framework
• DOAD 5516-0, Human Rights
• DAOD 7002-3, Investigative Matters and References
• CFAO 34-56, Mental Disorders
• ADM(HR-Mil) Instruction 04/05, Health Promotion Program Implementation
• CDS Guidance to Commanding Officers
• Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (Text Revision), American Psychiatric Association (available in paper copy only)
• Form DND 4006-E, Medical Referral and Certification