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Recruitment, Retention, Reconstitution

  • People are at the core of the Canadian Armed Forces' missions, readiness, and culture.
  • That is why we are prioritizing efforts that strengthen how we recruit, retain, and take care of our people, so that we are a stronger, more effective, and inclusive organization.
  • These efforts include improving the applicant experience by digitizing, streamlining, and redesigning the recruitment process, so that the military can hire more rapidly and reduce some of the outdated restrictions that no longer serve their intended purpose.
  • Most recently, we introduced the Interim Reconstitution Employment Measure, which will maintain and leverage the talent, experience, and expertise of our Canadian Armed Forces members by supporting the temporary employment of trained members with permanent medical limitations.
  • In addition, the Naval Experience Program has surpassed our expectations with 284 successful enrollees to date and over 70% of the inaugural cohort planning to stay in the Navy after their one-year engagement.

If pressed on more specific measures:

  • We recognize there is a changing and increasingly competitive labour market, and that measures to improve the applicant experience are needed to attract more Canadians to the unique opportunities offered by the Canadian Armed Forces.
  • For example, we are trying to expedite the application process by using digital technology to improve the applicant experience and speeding up required screenings.
  • In particular, we are working to launch a new Online Applicant Portal, as well as continuing the review of our common enrolment medical standard and requirements.
  • Since introducing the FAST PASS program for certain occupations in December 2023, where the Canadian Forces Aptitude Test is waived until after enrollment, we have seen over 3000 applicants elect to participate (as of August 1, 2024).
  • We are also developing the policy for a probationary period, as recommended by Justice Arbour and directed in Our North, Strong and Free, by expediting suitability screening, implementing new enrolment medical standards, and deferring aspects of pre-enrollment security screening to post-enrollment.
    • For example, to reduce waiting time, new recruits can now be enrolled into the Canadian Armed Forces to begin basic training following the obtention of their reliability status, with a final security clearance obtained prior to starting their occupational training.

If pressed on permanent residents:

  • Permanent residents represent an important skilled and diverse population in Canada and recent changes to our process will greatly expedite these applications in order to increase the number who enroll in the Canadian Armed Forces.
  • In particular, we are working on a trial information-sharing agreement with Immigration, Refugee and Citizenship Canada, to improve the screening process for permanent residents. [This is based on applicants' consent].

Key Facts

  • Between April 1, 2024, and September 20, 2024, the CAF has received 33,666 applicants. Canadian citizens represent approximately 72.45% (24,391) of the total applicant pool, and Permanent Residents approximately 27.55% (9,275).
  • Since introducing the updated policy in 2022, 117 Permanent Residents have been enrolled and 13,071 Permanent Resident applications are currently being processed.
  • So far, in 2024-2025 (as of August 31, 2024), 3,637 individuals have joined the Regular Force and Primary Reserve, 19.1% of whom were women.
    • 2023-2024 intake: 8,154 individuals.
    • 2022-2023 intake: 7,173 individuals.
  • Indigenous Representation: 3.0% (as of August 2024); goal is 3.5% by 2026.
    • 27.0% of Canadian Rangers self-identify as Indigenous.
    • The CAF currently offers three Indigenous training programs nationwide, which combine military skills training and Indigenous cultural teachings, including the:
      • Indigenous Leadership Opportunity Year;
      • CAF Indigenous Entry Program; and,
      • Summer Training Programs.

Details

Current Trained Effective Strength

  • As of August 31, 2024, the Trained Effective Strength (Regular Force) and post-occupational functional point (Primary Reserve) of members of the Army, Navy, and Air Force, broken down by component, are as follows:
 

Regular Force

Primary Reserve

Royal Canadian Navy

8,378

3,022

Canadian Army

28,073

16,674

Royal Canadian Air Force

15,832

2,186

TOTAL

52,283

21,882
  • As of August 31, 2024, the pilot occupation has a trained effective strength of 1,386 personnel out of a total 1,556 available positions in the Regular Force, meaning this occupation is staffed at a level of 89.1%.

Interim Reconstitution Employment Measure (IREM)

  • As of August 9, 2024, National Defence introduced the IREM, which is effective immediately and seeks to maintain and leverage CAF members' talent, experience, and expertise.
  • This measure that will enable the temporary employment of trained CAF members with permanent medical limitations within an occupation experiencing a critical shortage, or those who hold a required specific skill set, to continue their service in uniform on an interim basis during the reconstitution period.
  • Members eligible for an IREM will be approved for a three-year period and on a case-by-case basis. At any time, a member can request to end an approved IREM and elect to be released medically if they meet that specific release category.

Indigenous Recruitment

  • National Defence implements a broad range of proactive and targeted recruitment programs aimed at increasing the representation of Indigenous Peoples in the CAF. These programs and initiatives include:
    • The CAF Indigenous Entry Program: A three-week hands-on experience program for Indigenous Peoples who are considering a career in the CAF.
    • The Indigenous Leadership Opportunity Year: Provides Indigenous participants with exposure to the CAF military and academic disciplines. Enrolled and paid as Officer Cadets, participants experience university-level educational and leadership opportunities at the Royal Military College in Kingston, Ontario; Notably, it is the only Indigenous program focused on developing potential officers. Participants are enrolled into the Regular Force as Officer Cadets.
    • Primary Reserve Indigenous Summer Programs: Multiple six-week paid programs available, which integrate cultural teachings with military training. Participants who successfully complete a program are granted the CAF Army Reserve Basic Military Qualification.

Recruitment of Permanent Residents

  • Previously, the Canadian Forces Recruiting Group only accepted applications from Permanent Residents from foreign militaries, including pilots, logistics officers, infantry officers and other skilled professionals.
  • The updated policy, announced December 2022, enabled other permanent residents, who meet the same criteria as Canadian citizens to enroll in the CAF, as new recruits or officer cadets.

Recruitment Digital Modernization Initiative (ReMit)

  • In response to recruiting challenges, National Defence has sought to create a modern, agile and human-centric Online Application Portal (OAP).
  • Full rollout of this system is expected by December 2024.
  • Some updates to the system expected through this initiative include:
    • Compatibility with most mobile phones and tablets though multiple browsers.
    • A self-scheduling tool for applicants to book medicals, interviews and testing if required, thus aiming to reduce no show rates and improving candidate transparency.
    • The download and upload of documentation into an applicant's personalized dashboard including digital signatures, decreasing the necessity for hard copies and in-person visits by applicants.

2023 Pay Increases

  • General service officers (Lieutenant-Colonel and below), pilots, medical and dental officers and all non-commissioned members received a 12% pay increase over 4 years (2021-2024).
  • Non-commissioned members in Standard and Specialist 2 Trade groups also received an additional pay raise, effective April 1, 2023 to narrow the gap between Standard and Specialist pay from 13%-6% to 10%-5%.
  • Colonels, Generals, Flag Officers, and Legal Officers received 13% pay increase over four years, in line with other Government of Canada Executives (2022-2025).

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Canadian Armed Forces Readiness

  • People are at the core of everything the Canadian Armed Forces does to deliver on its mandate.
  • That is why we continue to prioritize efforts that strengthen how we recruit, retain, and take care of our people.
  • Canada's defence spending is projected to increase by $12.2 billion over the next five years and we will continue to strengthen the defence of Canada by investing in our people, capabilities, and capacity at home and abroad.
  • Beyond the initiatives set out in Our North, Strong and Free, the Canadian Armed Forces continues to participate in domestic, continental, and international exercises, with allies and partner nations, to further increase interoperability and readiness.
  • Earlier this year, approximately 1,000 of our military members participated in Exercise STEADFAST DEFENDER in Europe, the largest NATO exercise in decades.
  • We are also making key investments to equip our soldiers, sailors, and aviators with modern and effective equipment, including new F-35 fighter aircraft, Armoured Combat Support Vehicles, and new air defence systems.
  • Our goal remains to grow the Canadian Armed Forces and to enhance the military's readiness, so we continue to meet international and domestic operational commitments to protect Canadians now and in the future.

If pressed on recruitment:

  • We've made significant strides to equip the CAF and improve recruitment, but there remains much work ahead to increase readiness.
  • The recently published Our North, Strong and Free highlights our commitment to bring the Canadian Armed Forces back to its authorized size by 2032, while also laying the foundations for future sustained growth.
  • For example, we are committed to undertaking a wide array of new and innovative measures to attract more Canadians to the unique opportunities of service. This includes investing in new capabilities for our military, as well as maintaining existing equipment and assets.

Key Facts

CAF Strength:

  • As outlined in Strong, Secure, Engaged, the authorized strength of the CAF Regular Force is 71,500, and that of the Primary Reserve Force is 30,000 (Reserve Average Paid Strength).
  • National Defence's current force strength is approximately 63,500 Regular Force and 23,000 Primary Reserve Force (Average Paid Strength).
    • This is approximately 15,000 short of our authorized strength.
  • As of August 31, 2024, the Trained Effective Strengthof the Regular Force is 52,283. This represents members who have reached their Occupational Functional Point (OFP), meaning they have met the qualifications for employment in their occupation.
  • As of August 31, 2024, the total Primary Reserve Force was 29,000 members. However, this includes members that are not able to be mobilized on short notice.

Key Procurements to Enhance Readiness:

  • National Defence is currently procuring Arctic and Offshore Patrol Ships (AOPS), and Joint Support Ships (JSS) through the National Shipbuilding Strategy.
    • Five AOPS have already been delivered, with the sixth and final Royal Canadian Navy-variant scheduled to be delivered in Summer 2025.
  • Other major projects include the procurement of 88 F-35A advanced fighter aircraft and a new fleet of 360 Armored Combat Support Vehicles (ACSVs).

Details

Readiness Levels

  • The 2024-25 Departmental Plan outlines the Canadian Armed Forces (CAF)’s current readiness levels, as well as its objectives for the next fiscal year.
  • Notably, the Departmental Plan highlights that in fiscal year 2022-23, only 61% of force elements were ready for operations in accordance with established targets. This represented a decrease of 10%, compared to fiscal year 2021-22.
    • In fiscal year 2022-23: 
      • 51.2% of maritime fleets were serviceable to meet training, readiness and operational requirements.
      • 56% of key land fleets were serviceable to meet training, readiness and operational requirements.
      • 43.9% of aerospace fleets were serviceable to meet training, readiness and operational requirements. 
      • The Plan sets a target for 90% of force elements to be ready for operations by 31 March 2025.

Increasing Readiness

  • Training – To increase all domain integration, interoperability, and engagement between Canada and other nations, the CAF conducts and participates in training scenarios in domestic, continental, and international contexts in support of force readiness.
    • For example, the CAF has recently participated in Exercise STEADFAST DEFENDER 24 in Europe and Exercise RIMPAC 24 in the United States and will participate in KEEN SWORD in the Indo-Pacific region, as well as a number of other multilateral exercises over the coming year.
    • RIMPAC 2024, is led by the US and includes 29 nations, who provide a combined 25,000 personnel, 14 land forces, 40 ships, three submarines, and over 150 aircraft. Aimed at contributing to the security and stability of the Indo-Pacific region, RIMPAC provided an invaluable opportunity for partners to hone their skills in the world’s largest joint, combined maritime domain.
      • CAF participation included approximately 650 personnel, three aircraft, and three ships, who worked tirelessly to develop and demonstrate interoperable capabilities and showcase Canadian professionalism to the world.
      • NOTE: During RIMPAC 2024, HMCS Max Bernays suffered flooding and mechanical issues that prevented its participation in the latter stages of the exercise. This incident was widely reported in the media in late June 2024.
    • The CAF also participates in Ex KEEN SWORD, a naval exercise with about 50,000 personnel from the US and Japan designed to increase combat readiness and interoperability of U.S. forces and the Japan Self-Defence Forces (JSDF). While the CAF previously had an observer status, the HMCS Vancouver was invited to be an active participant this year.

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Military Housing on CAF Bases and Wings

  • Affordable housing is an issue that is top of mind for all Canadians.
  • That is why the Government is implementing Canada's Housing Plan which will build more homes, make it easier to rent or own a home and help Canadians who can't afford a home.
  • At the same time, we know that Canadian Armed Forces members and their families face unique challenges due to their job requirements.
  • That is why we are working to increase our housing portfolio by 650 units in five years.
  • We are also making key investments to improve our members' access to housing near where they are posted.
  • For example, in Our North, Strong and Free, we announced a total investment of $1.4 billion to build 1,400 homes and renovate 2,500 existing units.
  • This includes $295 million over 20 years to build and renovate housing on bases and wings across the country, so that our military families can afford to live where they are posted.
  • Together, these critical investments will allow us to accelerate the construction of additional residential housing units over the next five years.
  • We remain committed to strengthening how we take care of our people, in order to make us a stronger, more effective, and more inclusive organization.

If pressed on additional housing supports:

  • In the last five years, National Defence has invested approximately $270 million in the improvement of the existing housing portfolio.
  • In addition, over the summer, we announced the planned development of a new state-of-the-art housing facility at CFB Esquimalt, which will provide modern accommodations for 480 Armed Forces members while on training.
  • We recognize, however, that there is much more work to be done.
  • This is why we are creating a Canadian Armed Forces housing strategy, as announced in Our North, Strong and Free.
  • We are also working with local communities and contractors to explore innovative solutions to build and manage new housing units on Crown land.
  • We are looking hard at what we can do and how we can link into the work of other federal departments and partners to ensure that Canadian Armed Forces members and their households have access to more accommodation options.

If pressed on shelter charges:

  • National Defence is required to review shelter charges annually to determine whether any adjustments in the shelter charges are needed to reflect changes in the local rental market.
  • National Defence policy is that shelter charges (excluding parking costs and utilities) should not exceed 25% of the combined gross household income of all occupants in any one year.
  • Housing Services Centres are available to receive requests to review shelter charges at any time throughout the year.

Key Facts

  • National Defence's infrastructure portfolio includes almost 12,000 existing housing units at 27 locations across Canada.
  • Currently, 17% of members occupy National Defence housing units.
  • Since 2018, we have constructed 68 new housing units, including, most recently, 12 units at 19 Wing Comox.
  • For 2024-2025, the national average shelter charge increase for current occupants was 4%, representing approximately $37 per month with rent control limits applied.
  • Shelter charge adjustments by province vary based on the individual provincial Rented Accommodation Consumer Price Index. Additionally, adjustments may be limited in provinces/territories where a specific percentage limitation (i.e. rent control) has been enacted.

Details

Affordable Housing (Budget 2024)

  • Budget 2024 indicates that the Government is exploring the redevelopment of suitable National Defence properties in Halifax, Toronto, and Victoria that could be suitable for both military and civilian uses.
  • It also states that National Defence is working with Canada Lands Company and other partners to divest 14 surplus properties that have potential for housing and are not needed for National Defence operations. These properties include:
    • The Amherst Armoury in Amherst, Nova Scotia;
    • 96 D'Auteuil and 87 St-Louis in Québec City, Quebec;
    • The National Defence Medical Centre in Ottawa, Ontario;
    • The HMCS Armoury in Windsor, Ontario; and,
    • The Brigadier Murphy Armoury in Vernon, British Columbia

Military Housing Investments

  • In 2023, National Defence committed to investing $475 million over ten years (2023-24 to 2032-33) in the housing portfolio from Departmental reference levels.
  • Through Our North, Strong and Free and announced in Budget 2024, we are investing a total of $1.4 billion to build 1,400 homes and renovate 2,500 existing units. This funding will equal $6.9 million over four years, starting in 2025-26, and $295 million over 20 years.
  • These investments in the housing portfolio will allow National Defence to construct 650 residential housing units in the next 5 years in those areas with the greatest need. The plan is to build higher-density buildings, such as new apartment buildings and multi-unit dwellings, to make better and more efficient use of land and infrastructure.
  • The first phase of the new constructions is planned for Canadian Armed Forces bases in Esquimalt, Edmonton, Borden, Trenton, Kingston, Petawawa, Valcartier, Halifax and Gagetown.

Shelter Charge (Rent) Adjustments for Defence Housing

  • CAF members who wish to rent a home have the option of renting in the private sector or requesting to occupy a residential housing unit from National Defence.
  • Crown-housing is provided as an alternative for CAF members to consider for their personal living accommodation solution.
  • The Canadian Forces Housing Agency (CFHA) was created to manage, maintain, and allocate residential housing on behalf of National Defence, in support of CAF members.
  • The Government of Canada and National Defence are required to review shelter charges annually to determine whether any adjustments in the shelter charges are required to reflect changes in the local rental market.
  • This review may result in an increase, a decrease, or no change in the monthly shelter charge for Defence housing and helps to ensure fairness and equity for CAF members and their families, regardless of whether they choose to live in the private sector or not.
  • Since 2014, National Defence has reviewed shelter charges annually and adjusted the rates using Statistics Canada's Consumer Price Index (CPI) – the Rented Accommodation CPI for the provinces in accordance with DND and TBS direction.
  • As there is no provincial (territorial) rented accommodation CPI for Yellowknife and Iqaluit, National Defence applies the annual Canada January Rent CPI percentage adjustment for Yellowknife and Iqaluit, as directed by the Treasury Board Secretariat.

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Cost-of-Living Supports

  • I know that Canadian Armed Forces members and their families face unique challenges due to their job requirements.
  • As such, National Defence and the Canadian Armed Forces are making key investments to improve our members' quality of life and to help with cost-of-living pressures, such as childcare and housing.
  • We introduced new measures in Our North, Strong and Free, including plans to invest $100 million to provide members with better access to affordable childcare on bases across the country.
  • In Budget 2024, we also announced an investment of $1.4 billion to build 1,400 homes and renovate 2,500 existing units, so that our military families have options for housing where they are posted.
  • These measures complement previously introduced initiatives, including the 2023 pay increase that was instituted for most Canadian Armed Forces members in order to ensure that they remain fairly compensated for their dedicated service.
  • Further, we have implemented the Canadian Forces Housing Differential (CFHD) to help bridge the gap for members who have a difficult time affording basic housing in high-cost locations.
  • We remain committed to ensuring that military compensation remains fair and relevant to the evolving needs of our members.

Key Facts

New Measures in Our North, Strong and Free:

  • For example, in Our North, Strong and Free, and announced in Budget 2024, a total investment of $1.4 billion to build 1,400 homes and renovate 2,500 existing units.
  • This includes $295 million over 20 years to build and renovate housing on bases and wings across the country, so that our military families can find housing near to where they are posted on bases such as Esquimalt, Edmonton, Borden, Trenton, Kingston, Petawawa, Ottawa, Valcartier and Gagetown.
  • $100 million over five years to improve childcare access for CAF personnel on bases across Canada.

Existing Housing and Cost-of-Living Supports:

  • National Defence maintains and operates approximately 11,700 residential housing units at 27 locations, through the Canadian Forces Housing Agency.
  • Canadian Forces Housing Differential (CFHD) – approximately 28,000 Canadian Armed Forces members will qualify for this new housing benefit.
  • Provision Post Living Differential (PPLD) – this interim policy will ease transition to the CFHD and will gradually decrease until the end of the policy in July 2026.

Details

Affordable Housing (Budget 2024)

  • Budget 2024 indicates that the government is exploring the redevelopment of National Defence properties in Halifax, Toronto, and Victoria that could be suitable for both military and civilian uses.
  • It also states that National Defence is working with Canada Lands Company and other partners to divest 14 surplus properties. These properties include:
    • The Amherst Armoury in Amherst, Nova Scotia;
    • 96 D'Auteuil and 87 St-Louis in Québec City, Quebec;
    • The National Defence Medical Centre in Ottawa, Ontario; and,
    • The Brigadier Murphy Armoury in Vernon, British Columbia

Cost-of-Living Supports

  • Affordable Childcare – Our North, Strong and Free committed $100 million to improve members' access to affordable childcare at bases across the country. Childcare specifically for CAF families is already available through the Military Family Resource Centres of 20 of 32 bases and wings; however, their services are often limited or run by provincially incorporated non-profit organizations.
  • Canadian Forces Housing Differential (CFHD) – To help CAF members posted to high-cost regions manage housing costs, CAF members have access to the CFHD which is aimed at ensuring that those CAF members who most require support are prioritized.
    • The CFHD policy is specific to housing costs, not overall cost of living, and is based on an equitable rather than equal approach.
    • The CFHD rates are calculated so that CAF members are not required to spend 25% or more of their monthly income on housing.
    • As of July 1, 2024, the CFHD rates for 75% of locations increased, 10% remained the same or are new to the list, and 15% have decreased.
  • Provisional Post Living Differential (PPLD) – The PPLD took effect July 1, 2023, and will ease the transition from PLD to the CFHD. The 15-year rate freeze of PLD created an environment where members became accustomed to the allowance when cost-of-living stressors were eased through pay increases and local economic factors. The PPLD will cease on June 30, 2026.

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Culture Evolution [See Tab 12 for Bill C-66]

  • One of my greatest responsibilities is to build a Defence Team where all members feel protected, respected and empowered to serve.
  • That is why I was proud to introduce Bill C-66 in Parliament earlier this year.
  • This Bill is part of broader efforts to meaningfully evolve our culture.
  • To help guide these efforts, the Defence Team recently released the Comprehensive Implementation Plan, known as the CIP.
  • The CIP outlines timelines and clear pathways to implement recommendations from all four external reviews by 2028.
  • This plan includes a number of major policy initiatives to improve the complaints and grievances processes, expand comprehensive support services for those affected by misconduct and to introduce a childcare strategy for members.
  • The plan also tracks progress by the Defence Team on implementing the 48 recommendations made by Madame Arbour.
  • We have implemented approximately 20 of her recommendations to date and expect to address a substantial level of the remaining recommendations by the end of next year.

If pressed on other changes:

  • We know that change starts at the top, which is why the Canadian Armed Forces has strengthened the promotion process for senior leaders to better assess character, talent, and competence.
  • The Canadian Armed Forces has also initiated a comprehensive review of basic training and developed a framework to enhance education related to conduct and culture.
  • In addition, the military has endorsed a ten-year talent spotting plan for women, while developing talent spotting plans for other equity deserving groups.
  • These are a few examples of meaningful initiatives underway to improve transparency across the Defence Team, so that we can promote culture evolution and rebuild trust.

Key Facts

Comprehensive Implementation Plan:

  • On June 27, 2024, the Comprehensive Implementation Plan was released. The Plan establishes a phased approach over five years (2023-2028) to implement 194 external recommendations from the Independent External Comprehensive Review (IECR), Third Independent Review of the National Defence Act (IR3), Advisory Panel on Systemic Racism and Discrimination (APR), and No. 2 Construction Battalion National Apology Advisory Committee Report (NAAC).
    • Phase 1 – 53 recommendations implemented by December 2023; focused on advancing work across the four reports.
    • Phase 2 – 44 recommendations to be completed by December 2024; focus on continuing to progress IECR recommendations, increasing focus on APR, and continue IR3 work related to Bill C-66.
    • Phase 3 – 46 recommendations to be completed by December 2025; implement all remaining IECR recommendations, with a focus on recruitment, performance, and training, as well as final APR recommendations, and continue progressing IR3 to modernize military justice system.
    • Phase 4 – 51 recommendations to be completed from January 2026 to December 2028; focus on remaining recommendations to modernize military justice system.

Budget 2022:

  • Allocated a total of $100.5M over six years, with $1.7M in remaining amortization, and $16.8M ongoing to:
    • Strengthen leadership in the CAF;
    • Undertake engagement and consultation on culture evolution; and
    • Enhance restorative services, among other things (including military justice initiatives).
  • Allocated a total of $144.3M over five years, and $31.6M ongoing, to expand CAF health services and physical fitness programs to be more responsive to women and gender-diverse military personnel.

Details

Snapshot of Culture Evolution Initiatives

  • Culture Evolution Framework: The Framework, informed by academic research and the lived experience of Defence Personnel, establishes a standard to connect and integrate both existing initiatives and new efforts to build a healthy culture aligned with our values.
  • Culture Evolution Strategy and GBA Plus Enterprise Approach: CPCC has collaborated with external experts and organizations across the Defence Team to develop a Culture Evolution Strategy that embeds enterprise-wide intersection analysis in the way that we plan, work, and make decisions, through the use of GBA Plus. The Strategy provides a consistent, values-aligned approach for coordination and analysis of new initiatives, policies, programs, and practices down to the team level.
  • Public Online Database: The database provides a comprehensive, searchable list of all research and policies carried out by National Defence relating to conduct and culture change as a direct response to IECR 45. It is complemented by the Conduct and Culture Data Centre (CCDC), which is an interactive online PowerBI dashboard that provides a consolidated and visual presentation of a selection of key metrics related to organizational health and professional conduct and culture.
  • Anti-Racism Framework: In response to the Minister's Advisory Panel Report on Systemic Racism and Discrimination, National Defence is developing an Anti-Racism Framework, to be released in Spring 2025.
  • Selection Process: A new degree of rigour and science has been added to senior leader selection to include evidence-based assessments of character and increased verification of candidates' past for misconduct.
  • Duty to Report (DTR) Regulations: In response to IECR 11, the repeal of DTR regulations came into force on June 30, 2024. The repeal is part of an effort by the Defence Team to foster an environment where people affected by misconduct feel safe, supported, and able to report misconduct on their own terms

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Military Justice System Modernization Act (Bill C-66)

  • Bill C-66 is an important step in a journey designed to achieve durable and lasting institutional reform, as well as strengthen trust and confidence in the military justice system.
  • It proposes a suite of targeted amendments to help bolster confidence in the military justice system for all of our people.
  • The proposed amendments address key recommendations made in the independent and external reviews conducted by former Supreme Court Justices Arbour and Fish.
  • This includes Recommendation 5 of the Arbour Report, which aims to definitively remove the Canadian Armed Forces' jurisdiction over Criminal Code sexual offences committed in Canada.
  • We have – and will continue to – incorporate the feedback and needs of those who have been affected by sexual misconduct.

If pressed on the limited scope of legislation:

  • We know we still have a lot of work to do.
  • If passed, this landmark legislation will pave the way for future amendments that might be required to continue advancing culture evolution efforts.

Key Facts

Bill C-66

  • On March 21, 2024, Bill C-66 (Military Justice System Modernization) was introduced in the House of Commons to amend the National Defence Act. It is currently in Second Reading.
  • The Bill responds to eight recommendations from the Fish report and one recommendation from the Arbour report.

Details

The proposed legislation is grouped into four key areas:

  1. Removing the CAF's investigative and prosecutorial jurisdiction over Criminal Code sexual offences committed in Canada, thereby addressing Recommendation 5 of the Honourable Louise Arbour's Independent External Comprehensive Review, which states that, "Criminal Code sexual offences should be removed from the jurisdiction of the CAF. They should be prosecuted exclusively in civilian criminal courts in all cases. Where the offence takes place in Canada, it should be investigated by civilian police forces at the earliest opportunity." The proposed legislation will provide exclusive jurisdiction to civilian authorities to investigate and prosecute such offences when committed in Canada.
    Regarding sexual offences that take place outside of Canada, Madame Arbour stated: "Where the offence takes place outside of Canada, the MP may act in the first instance to safeguard evidence and commence an investigation, but should liaise with civilian law enforcement at the earliest possible opportunity."
    Recommendation #5 is the only recommendation from Madame Arbour that can exclusively be implemented through legislation. Work is either complete or underway to implement all 48 recommendations, and the External Monitor, Madame Jocelyne Therrien, provides external oversight of this progress.
    Conclusively removing jurisdiction from the CAF to investigate and prosecute Criminal Code Sexual Offences that occur outside of Canada raises significant legal, jurisdictional, policy and operational questions that will require additional analysis and further consultation
  2. Addressing eight recommendations (2, 7, 8, 10, 13, 14, 15, 16) from the Third Independent Review of the National Defence Act report by former Supreme Court Justice Fish. These amendments seek to, among other things:
    • modify the process for the appointment of the Canadian Forces Provost Marshal, the Director of Military Prosecutions and the Director of Defence Counsel Services;
    • expand the class of persons who are eligible to be appointed as a military judge to include non-commissioned members;
    • affirm the Judge Advocate General's respect for the independence of authorities in the military justice system in the exercise of its superintendence of the administration of military justice;
    • expand the class of persons who may make an interference complaint and provide that a member of the military police or person performing policing duties or functions under the Canadian Forces Provost Marshal's supervision must make such a complaint in certain circumstances; and
    • change the title of the Canadian Forces Provost Marshal to the Provost Marshal General to align with the titles of other senior designations in the CAF, such as the Surgeon General, the Chaplain General, and the Judge Advocate General
  3. Removing military judges from the summary hearing system, and expanding access to Victim Liaison Officers, under the Declaration of Victims' Rights, to individuals acting on behalf of a victim
  4. Amending the National Defence Act to align sex offender information and publication ban provisions with the amendments made to the Criminal Code in An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. These proposed amendments are necessary to ensure the parallel military justice system remains constitutional and aligned with the Criminal Code and the civilian criminal justice system.

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Support and Resources to Persons Affected by Sexual Misconduct

  • I am committed to ensuring that members of the Defence Team affected by sexual misconduct have the support, care, and resources they need.
  • A key vehicle for this type of support is the Sexual Misconduct Support and Resource Centre (SMSRC), which operates independently of the military chain of command and offers a range of comprehensive programs and services.
  • These include a 24/7 support line and a Response and Support Coordination Program, which offers ongoing support, advocacy, and personalized case management across the country.
  • The SMSRC now offers formal and informal Peer Support Group sessions for current and former Canadian Armed Forces (CAF) members affected by sexual misconduct during their service.
  • The SMSRC also provides grant funding for 32 projects led by not-for-profit community-based organizations across Canada, thereby broadening the range of support services available to the wider Defence community.
  • These initiatives are enabling a greater number of individuals to receive counselling and other supports, particularly in traditionally underserved regions.

Key Facts

Sexual Misconduct Support and Resource Centre (SMSRC)

  • The SMSRC's toll-free support line is 1-844-750-1648.
  • May 2023: The SMSRC expanded its services beyond current and former Canadian Armed Forces (CAF) members and Department of National Defence (DND) public service employees to include Cadets, and Junior Canadian Rangers aged 16 and older, as well as family members of the wider Defence community.

Reporting

  • In December 2023, Statistics Canada released the results of the 2022 Survey on Sexual Misconduct in the Canadian Armed Forces (SSMCAF). This is the third survey in the series, with previous iterations in 2016 and 2018.
  • Compared to the results of the 2018 survey, the most current SSMCAF reported sexual misconduct has increased overall.
  • This includes the prevalence of sexual attacks, unwanted sexual touching, and sexual activity where the individual was unable to consent.
  • Approximately 3.5% of Regular Force members reported being sexually assaulted in the military workplace or by fellow military members in the 12 months preceding the study. This represented an increase from 1.6% in 2018.

Supports for Victims

  • A victim can request that a Victim's Liaison Officer (VLO) be appointed to assist them until their case is transferred to civilian jurisdiction.
  • VLOs are responsible for providing information about the Military Justice System and the Declaration of Victims Rights.
  • Currently there are 73 trained VLOs available, and 32 cases have been managed since the program was launched in June 2022.

Details

Response and Support Coordination Program

  • The Response and Support Coordination Program was launched in 2019 to provide active CAF members who have experienced sexual misconduct with an assigned and dedicated Coordinator. This has since expanded to support all clients of the SMSRC.
  • Coordinators are civilian counselors who provide a number of support services, including:
    • Contacting internal and external organizations to advocate for members.
    • Helping members complete forms, prepare for court and supporting members in completing police interviews.
    • Supporting members in navigating and accessing health services.

Community Support for Sexual Misconduct Survivors Grant Program

  • The SMSRC Grant Program was established to broaden the range of support services available to those in the wider Defence community who have been affected by sexual misconduct and to increase collaboration between DND/CAF and community-based organizations.
  • Most funded projects are unique. Some are undertaken by organizations that offer specialized services, for example, for women, men, Indigenous peoples and 2SLGBTQI+ individuals.

Restorative Engagement Program

  • Restorative Engagement officially launched within the SMSRC on November 15, 2021. Program activities are expected to continue into 2026.
  • The Program provides supportive and facilitated restorative opportunities for the CAF and National Defence Sexual Misconduct Class Action Members to be heard and acknowledged, and for Defence Representatives to learn, understand, plan, act and lead as catalysts for change supporting the Institution to end sexual misconduct.
  • Since 2022, defence representatives, working with restorative practitioners, have developed the knowledge and skills needed to meet with Class Action Members and create opportunities for Class Action Members to be heard and acknowledged, and for Defence representatives to translate what they learned into meaningful action for culture change.

Peer Support Groups

  • In partnership with Veterans Affairs Canada (VAC), SMSRC offers virtual peer support services for those that have been affected by sexual misconduct and military sexual trauma during their service or in their place of work who are 18 years and older.

Independent Legal Assistance (ILA) Program

  • The ILA program aims to facilitate access to legal information, legal advice, and legal representation to enable people to make informed decisions based on their specific circumstances, needs, and goals.
  • The ILA program is available to individuals that have experienced sexual misconduct within a DND/CAF environment.
  • The first phase of the program provides reimbursements of eligible legal expenses incurred by individuals on or after April 1, 2019, as a result of experiencing one or more incidents of sexual misconduct. This is an important step in addressing recommendation 14 of the Independent External Comprehensive Review conducted by former Supreme Court Justice Louise Arbour.
  • Reimbursements for eligible expenses will be provided while the SMSRC continues to develop the long-term program model in consultation with key partners, including people who have experienced military sexual misconduct.

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