Culture Evolution

Culture Change

* Including senior leader promotion and selection processes

  • National Defence's top priority is to build an inclusive and diverse Defence Team, free from harassment, discrimination, racism, sexual misconduct, and violence.
  • We have implemented – and continue to implement – a number of initiatives to promote culture change and rebuild trust, including specific responses to former Supreme Court Justice Arbour's recommendations.
  • For instance, we are moving forward on Recommendation 32 of Madame Arbour's report, which relates to senior leader promotions.
  • The promotion process for senior leaders is evolving to better assess talent, competence, and character, and we are making progress on the development of an evidence-based framework for character-based assessments.
  • In fact, the Canadian Armed Forces have conducted an internal review of promotion year 2022 activities, with refinements being implemented for promotion year 2023.
  • Per Recommendation 31, the military will develop and implement an improved database to record misconduct throughout a member's career, with the purpose of informing promotion-selection board deliberations.
  • Further, in keeping with Recommendation 40, the Canadian Armed Forces has established a team to review all career policies and procedures through a GBA Plus lens, with a view to eliminating barriers for women and other equity seeking groups.
  • This will include a new overarching policy on succession planning that is aligned with the Defence Team's culture change efforts.
  • Canadian Armed Forces leadership has also endorsed a ten-year talent spotting plan for women, and we are working to develop talent spotting plans for other equity seeking groups.
  • Additionally, we are making progress implementing Recommendation 45 of Madame Arbour's report, which requires National Defence to post a public online database of research and policies, including on defence culture.
  • We expect that an initial capability for the database will be ready by the end of this fiscal year.
  • To create cultural alignment and consistency across the Defence Team, we are also constructing a Culture Evolution Framework to guide, support, and monitor Defence organizations.
  • More broadly, we have introduced Trusted to Serve, an updated military Ethos, which sets a foundation for conduct and culture evolution across the military.
  • In 2021, we also created the Chief Professional Conduct and Culture to unify and integrate all associated culture change activities across National Defence.
  • This team has already engaged with over 9000 Defence Team members to listen and learn from the lived experiences and expertise of our members as we take concrete steps to enhance our professional conduct and culture.
  • Culture change is a multifaceted effort that involves the entire Defence Team, and we will continue to implement long lasting reforms to ensure our members live up to the values of the Canadian Armed Forces.

Key Facts

  • Recommendation 31: A past misconduct sheet should be prepared for each candidate considered for promotion to the rank of lieutenant-colonel/commander or above, or to the rank of chief warrant officer/chief petty officer 1st class.
  • Recommendation 32: When approving General Officer / Flag Officer (GOFO) promotions, the Minister should be assisted by a senior civilian advisor who is not currently a member of the Defence Team.
  • Recommendation 40: The CAF should prepare a new policy on succession planning based on GBA Plus that ensures women are not subject to directly and indirectly discriminatory practices in succession planning.
  • Recommendation 45: Chief Professional Conduct and Culture (CPCC) should host a public online database for all internal Defence Team research and policies relating to sexual harassment and misconduct, gender, sexual orientation, race, diversity and inclusion, and culture change.

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.
  • Also 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.
  • Culture Evolution Framework: The Framework is informed by academic research and the lived experience of Defence Personnel, and will establish standards to connect and integrate both existing initiatives and new efforts to build a healthy culture in alignment with our core values.
  • The Framework incorporates key initiatives, such as an Enterprise Approach to GBA Plus and implementation of an anti-racism lens to inform policy, practices, and initiatives.
  • Respondent Reintegration Framework: The CAF has developed this framework to provide guidance to leaders at all levels for the accountable and safe workplace reintegration of a CAF member involved in allegations, investigations, and findings related to conduct deficiency.
  • CAF Dress Instructions: The updated dress instructions, which came into effect on 6 September 2022, allow our members to be themselves in uniform, while representing the CAF. The CAF uniform and appearance is safe, operationally effective, professional, inclusive and reflective of Canadian society and expectations.

Details

IECR Recommendations on Culture Evolution

  • Recommendation 6:
    • The Director of Military Careers Administration (DMCA) should engage in an externally-led quality assurance assessment – similar to that conducted by the Sexual Assault Review Program (SARP) initiated by the Canadian Forces National Investigation Service (CFNIS) – of the administrative reviews conducted from 2015 to date relating to sexual misconduct, which administrative reviews resulted in retaining the member without career restrictions.
  • Recommendation 26:
    • The CAF should increase the number of opportunities for CAF members, particularly at the senior leadership and General Officer / Flag Officer (GOFO) levels, to be seconded to the private sector, and to other government departments.
  • Recommendation 30:
    • A section should be added to the Performance Appraisal Report (PAR) requiring the supervisor to certify that, to their knowledge, the CAF member being appraised is not currently subject to any investigation or proceeding, whether criminal, disciplinary, administrative or otherwise, related to allegations of sexual misconduct.
    • If the supervisor is aware of such an investigation or proceeding, they should not reveal its existence if doing so would compromise its integrity.
    • Otherwise, the supervisor should provide all relevant details of the investigation or proceeding.
  • Recommendation 31:
    • A past misconduct sheet should be prepared for each candidate considered for promotion to the rank of lieutenant-colonel/commander or above, or to the rank of chief warrant officer/chief petty officer 1st class, by an appropriate unit under the Chief Military Personnel. The past misconduct should include anything the CAF deems to be serious misconduct, but should include at a minimum, convictions for Criminal Code sexual offences and findings of sexual harassment. The CAF should also prepare appropriate guidance to selection boards on how to take past misconduct into account as part of their deliberations and decision-making. Finally, the CAF should make appropriate provision in its policy for rehabilitation, including the removal of criminal convictions for which a record suspension has been granted.
  • Recommendation 32:
    • In fulfilling her responsibility in approving GOFO promotions, the Minister should be assisted by a senior civilian advisor, not currently a member of the Defence Team. In her consultation with the Chief of the Defence Staff (CDS), the Minister should examine what efforts are being made to correct the over-representation of white men in GOFO ranks.
  • Recommendation 34:
    • The new processes for GOFOs, including psychometric testing and 360-degree multi-rater assessment should, at a minimum, be expanded to candidates being considered for promotion to the rank of lieutenant-colonel/commander or above, or to the rank of chief warrant officer/chief petty officer 1st class.
  • Recommendation 38:
    • All succession boards should adopt the approach and methodology of the Royal Canadian Navy in its "incident review list" to ensure that concerns are properly captured and brought before boards on a consistent and continuing basis.
  • Recommendation 39:
    • All succession boards for majors and above and master warrant officer / chief petty officer 2nd class appointment boards should include an independent civilian member from outside the Defence Team.
  • Recommendation 40:
    • The CAF should prepare a new policy on succession planning based on GBA Plus that ensures women are not subject to directly and indirectly discriminatory practices in succession planning, and that provides appropriate guidance to career managers, succession boards and others involved in succession planning.
  • Recommendation 41:
    • The Minister should be briefed by the Assistant Deputy Minister (Review Services) directly on all investigations related to sexual harassment, sexual misconduct and leadership culture in the Defence Team.
  • Recommendation 44:
    • In the case of Governor-in-Council appointees, such as the CDS and the Judge Advocate General (who must be members of the CAF at the time of their appointment), consideration should be given to removing any legal impediments – such as privacy concerns – that preclude access by the Privy Council Office to personnel files in the CAF, including conduct sheets.
  • Recommendation 45:
    • The CPCC should host a public online database for all internal Defence Team research and policies relating to sexual harassment and misconduct, gender, sexual orientation, race, diversity and inclusion, and culture change. If a document cannot be made public for security reasons or otherwise, it should still be listed in the database to facilitate access by persons with the requisite clearance or approval.
  • Recommendation 46:
    • With input from the academic community, the Queen's Regulations & Orders listed at article 5.2 of the DAOD 5062-1 should be reviewed and revised as necessary to facilitate research. In addition, the CAF should consider waiving the Social Science Research Review Board (SSRRB) ethics review of an external proposal that has already been approved by the Research Ethics Board of an academic institution.

Senior Leadership Selection Process:

  • In October 2021, the CAF took its first steps to introduce new rigour and science to its promotion selection process. This sets the stage for an ongoing evolution of the CAF's processes for promotion and appointment to command to be more inclusive and to ensure those selected embody CAF ethics and values.
  • The CAF has since begun using evidence-based selection tools for GOFO selection, providing greater insight into the character of officers entrusted to lead the Defence Team.
  • As a first step, candidates on the GOFO selection boards complete three online psychometric assessments. The results of these assessments contribute to the member's overall score.
  • Candidates who are recommended to the Minister of National Defence for promotion to, or within, the GOFO Cadre are subject to a post-selection confirmation step using what is known as a "360 degree" assessment tool. This is a process that collects feedback from multiple evaluators regarding an individual's leadership effectiveness.
  • In addition, a third party conflict of interest interview is conducted and the observations incorporated into the recommendations.
  • Research and consultation are underway to develop an evidence-based framework for character-based assessments that can be expanded to other leadership ranks in the coming years.

Public Online Database:

  • Research in the areas outlined in Recommendation 45 take place across several different organizations within the Defence Team, including within Defence Research and Development Canada (DRDC), Director General Military Personnel Research and Analysis (DGMPRA), Chief Professional Conduct and Culture (CPCC), Canadian Forces Health Services Group (CFHS), Sexual Misconduct Response Centre (SMRC), CAF Virtual Library, and Canadian Defence Academy/Canadian Forces College (CDA/CFC).
  • Similarly, policies that relate to these areas are distributed through L1s.
  • Primary consultation work is intended to take place in FY 22-23, and it is assessed that an initial capability can be operationalized within FY 22-23.

CAF Ethos: Trusted to Serve:

  • Trusted to Serve is a 60-page guide on how best to apply the CAF Ethos and its elements in daily military service.
  • The first and most important principle found in Trusted to Serve is to respect the dignity of all persons. This foundational principle, as well as other Defence Team values and ethics, are now incorporated in the CAF Ethos in a way that more fully articulates what is expected from military personnel – with a strong emphasis on character, competence, and trust.
  • Trusted to Serve builds upon Duty with Honour: The Profession of Arms in Canada. Duty with Honour remains valid at this time; however, it is also undergoing review with the intent to release an updated version of the entire publication in 2023.

Chief Professional Conduct and Culture:

  • Established in 2021: Chief Professional Conduct and Culture (CPCC) works to unify and integrate all associated culture change activities across the Department of National Defence (DND) and the Canadian Armed Forces (CAF).
  • It is the centre of expertise and single, functional authority for aligning Defence culture to ensure professional conduct meets the standards expected of the profession of arms and the Defence Team. Since its establishment, CPCC has:
    • Engaged with over 9000 Defence Team members to listen and learn from the lived experiences and expertise of our members;
    • Initiative a thorough and comprehensive review of the approach to basic training at the Canadian Forces Leadership and Recruit School;
    • Started development of a conduct and culture training and education framework. The framework will enhance education and awareness programs, related to conduct and culture;
    • Initiated the expansion of leadership support teams and coaching and unit command climate assessments;
    • Published a Respondent Reintegration Framework to provide guidance to leaders at all levels for the reintegration of a CAF member who is subject to allegations, investigations or findings related to a conduct deficiency; and
    • Published an Initiating Directive to incorporate the measurement and evaluation of inclusive behaviours within existing Defence Team personnel performance and management frameworks.

Recruitment and Retention

  • We are committed to enacting meaningful culture change, growing the Canadian Armed Forces, and ensuring that our forces reflect Canada's diversity.
  • That is why I immediately accepted recommendation 20 of former Supreme Court Justice Arbour's report, to restructure and simplify the Forces' recruitment, enrolment and basic training processes.
  • The Defence Team is proceeding aggressively and with urgency to improve our recruitment.
  • We are committed to improving the recruiting experience by increasing staffing at recruiting centres and modernizing our recruitment initiatives, online presence, and services to better reach Canadians.
  • For example, in summer 2022, the Canadian Armed Forces established the Recruiting Modernization Implementation Team to deliver on a digital applicant portal and to redesign and refine medical and security screening processes to reduce bottlenecks.
  • Further, we are conducting targeted engagement with communities across Canada to increase representation of under-represented groups.
  • Additionally, Permanent Residents are now welcome to apply to the Canadian Armed Forces as they represent an important, skilled, and diverse workforce in Canada.
  • I also immediately accepted recommendation 21 of Madame Arbour's report, which calls on the military to outsource some recruitment functions while also increasing the professional competence of recruiters.
  • Work on outsourcing recruitment functions has commenced and will continue to scale-up in the coming months.
  • We are increasing the professional competence of recruiters by updating the Recruiting Indoctrination Course and fostering a culture of continuous improvement and learning among recruiters.
  • In October 2022, we also launched a new retention strategy to better respond to the emerging and changing needs of our members.
  • This strategy will help us retain members through a range of initiatives, including by enhancing support for families and addressing issues that affect members' health and wellbeing.
  • We also updated our military dress instructions this past summer so members can be their authentic selves in uniform.
  • Further, to promote inclusion in our Armed Forces, we added feminine rank equivalents in French.
  • In addition, we are reviewing training at every level, including basic training, to ensure we remain ready to excel at operations at home and abroad while building a more inclusive team.
  • Through these efforts, the Canadian Armed Forces will become a first rate career choice that will attract talented Canadians for years to come.

If pressed on implementing a probationary period:

  • I immediately accepted Madame Arbour's recommendation 20, which calls for the creation of a probationary period in which a more fulsome assessment of the candidates can be performed, and early release effected, if necessary.
  • Creating a probationary period in the recruitment and enrolment ad basic training process will require legislative change and will take time.
  • Tools within existing regulation and policy to effect early release when problematic behaviours are detected will continue to be used, while we concurrently undertake the necessary legislative changes relating to the creation of a probationary period.

Key Facts

  • Recommendation 20: The Canadian Armed Forces (CAF) should restructure and simplify its recruitment, enrolment and basic training processes.
  • Recommendation 21: The CAF should outsource some recruitment functions.
  • Recommendation 22: The CAF should put new processes in place regarding problematic attitudes on cultural and gender-based issues.
  • Improving candidates’ recruitment experience by:
    • Digitizing and streamlining the recruitment process;
    • Redesigning the recruitment process to ensure each application is processed efficiently; and
    • Enhancing Canadian Armed Forces branding and conducting targeted advertising to convey to Canadians the value of a career in the forces.
  • Ongoing recruitment initiatives:
    • Targeted engagement with communities across Canada to increase representation of under-represented groups.
    • Programs to increase Indigenous representation.
    • Prioritizing women applicants within all CAF enrolment programs, including at military colleges.
  • In 2022-2023 (as of September 30, 2022) 3,517 individuals joined the Regular Force and Primary Reserve, 17.4% of whom were women.
    • 2021-2022 intake: 8,071 individuals.
    • 2020-2021 intake: 4,261 individuals.
  • Indigenous representation: 2.9% (as of September 30, 2022); goal is 3.5% by 2026.
  • CAF Employment Equity Plan 2021-2026 recognizes the 2SLGBTQI+ community as a designated advisory group.
  • New promotion and selection process: General Officer and Flag Officer Selection Boards now feature procedural improvements including mandating that one voting member be from an Employment Equity group.
  • CAF Recruitment Strategy: In October 2022, CAF launches new strategy to improve the military experience and retain valuable members.
  • Training: Canadian Forces Recruiting Group personnel will attend diversity and inclusion training in November and December this year.
    • Going forward, all military career counsellors and recruiters will receive this training to enhance their interactions with the Canadian population.
  • Implementing processes to address problematic attitudes on cultural and gender-based issues:
    • Research is ongoing to determine the most appropriate suitability screening tests to satisfy Recommendation 22.
    • A symbology dataset has been created to increase CAF recruiters’ awareness of extremist, racist, discriminatory, hateful conduct, or other unacceptable attitudes that are displayed through tattoos and body adornments.
    • Canadian Defence Academy is implementing measures to address failures in conduct and values as a performance deficiency that will enable commandants of military colleges to exercise release authority and effect earlier release for problematic behaviours.

Details

  • Recruitment and Retention Recommendations:
    • Recommendation 20: The CAF should restructure and simplify its recruitment, enrolment and basic training processes in order to significantly shorten the recruitment phase and create a probationary period in which a more fulsome assessment of the candidates can be performed, and early release effected, if necessary.
    • Recommendation 21: The CAF should outsource some recruitment functions so as to reduce the burden on CAF recruiters, while also increasing the professional competence of recruiters.
    • Recommendation 22: The CAF should put new processes in place to ensure that problematic attitudes on cultural and gender-based issues are both assessed and appropriately dealt with at an early stage, either pre- or post-recruitment.
  • House Standing Committee on National Defence: Recruitment and Retention Study:
    • On April 4, 2022, the House Standing Committee on National Defence launched its study on recruitment and retention in the Canadian Armed Forces. The Committee tabled its report on June 22, 2022.
    • In the report, the Committee lists 16 recommendations for National Defence, highlighting five broad themes in the areas of:
      1. Culture change,
      2. Diversity and inclusion,
      3. Improving the recruitment process,
      4. Supports to military families and easing the burden of service, and
      5. DND/CAF Ombudsman independence.
    • The Committee requested a Government Response, which National Defence tabled on October 20, 2022.
  • Current Programs and Initiatives:
    • National Defence implements a broad range of proactive and targeted recruitment programs aimed at increasing the representation of women, visible minorities, and Indigenous Peoples in the Canadian Armed Forces. These programs and initiatives include:
      • Operation GENERATION, an ongoing mission to meet employment equity goals, reduce enrolment times, and modernize recruiting activities;
      • The Canadian Armed Forces Indigenous Entry Program, a three-week hands-on experience program for Indigenous Peoples who are considering a career in the CAF;
      • The Aboriginal 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;
        • It is the only Indigenous program focused on developing potential officers. Participants are enrolled into the Regular Force as Officer Cadets;
    • Multiple six-week paid Primary Reserve Indigenous Summer Programs, which integrate cultural teachings with military training.
      • Participants who successfully complete a program are granted the CAF Army Reserve Basic Military Qualification.
  • To improve retention, work is also underway to improve the CAF's employment model and provide flexible career options, such as:
    • reducing the burden of relocation through the Seamless Canada Initiative;
    • component transfer (Regular Force to Primary Reserve and vice versa);
    • flexible or remote work policies; and
    • modernizing the nature of full-time and part-time employment.
  • Other Diversity and Inclusion Initiatives:
    • Dress Instructions Update – this has eliminated binary uniform and appearance choices, allowing CAF personnel the freedom to choose the uniform that makes them most comfortable.
    • Inclusive Ranks in French – French versions of all designations of ranks now have official Gender Inclusive equivalents.
    • Women's Health Framework – this aims to enhance women's health care and increase knowledge of women's health issues and topics within the military.
    • Post-natal Care – the CAF has released its first Nursing and Pumping Policy, which requires all Commanding Officers to establish a lactation plan to support their members.
    • Compassionate Leave Policy – this allows members to request new types of leave to account for pregnancy loss, family violence, and parents of young victims of crime, for example.
    • Training Needs Assessment – the most recent Training Needs Assessment addressing professional conduct was conducted in 2020. Results are being reviewed to develop an implementation plan.
    • Women in Force Program – this program helps raise awareness about life in the CAF and gives women the opportunity to speak with current CAF members while experiencing different facets of a military lifestyle. Plans to run the program were put on hold due to the pandemic. The intent is to reinvigorate the program prior to the end of the 2022/23 fiscal year.
  • National Defence and Canadian Armed Forces Guiding Documents:
    • On October 6, 2022, National Defence released the CAF Retention Strategy, which aims to improve the experiences of CAF members and their families holistically, so they feel supported and empowered to continue a challenging and rewarding career in uniform.
      • The strategy is an enabler of culture change which the CAF prioritizes by engaging in measures that ensure we are prepared to continuously identify and address the needs of all our members.
    • On October 6, 2022, the Chief of the Defence Staff and Deputy Minister also issued a Directive for CAF Reconstitution. This directive will set in motion a significant body of work that will provide direction on the activities required to overcome deficiencies that are hampering the composition and readiness of the CAF.

Training

  • National Defence's top priority is to build an inclusive and diverse Defence Team, free from harassment, discrimination, sexual misconduct, and violence.
  • Part of this effort involves providing effective training and education on the prevention of sexual misconduct – from the day new members start basic training and throughout their careers.
  • We are making progress to bolster our training and education and to implement a number of former Supreme Court Justice Arbour's recommendations related to training.
  • For instance, I immediately accepted Recommendation 15 to transfer the ownership of preventative training initiatives from the Sexual Misconduct Response Centre (SMRC) to the Chief Professional Conduct and Culture (CPCC).
  • The SMRC and CPCC will continue to work together as the CPCC becomes fully accountable for the content, delivery and evaluation of preventative training and education.
  • I also agree with Madame Arbour's recommendation that the Canadian Armed Forces needs to prioritize training and education and to equip training schools with our best instructors, as she outlines in Recommendations 23 and 24.
  • We are making progress toward implementing these recommendations by prioritizing training positions, incentivizing instructors, and enhancing screening for competence and character among trainers.
  • Additionally, we are currently re-designing basic training and intend to launch a streamlined eight-week course focused on inclusive teams, professional values, resilience, and core military skills in the spring of 2023.
  • We also continue to evolve the General Military Training Instructor course for instructor professionalization and to augment the competence and skills of those trainers working at our core schools.
  • Key elements such as emotional intelligence and adult learning methodologies are included, so that our new members' learning potential is maximized.

If pressed on implementing Deschamps recommendations:

  • National Defence recognizes the important work of the former Supreme Court Justice Deschamps as we continue to build a safer and more inclusive work environment.
  • The Chief Professional Conduct and Culture (CPCC) did not exist when Madame Deschamps issued her recommendations, including on training related to sexual offences and harassment.
  • CPCC is now the authority for professional conduct and culture and is responsible for unifying, integrating, and coordinating all associated programs, policies, and activities – including training to prevent sexual misconduct.
  • As such, National Defence is focused on implementing Madame Arbour's Recommendation 15, which recommends that training to prevent sexual misconduct be transferred to CPCC.

Key Facts

  • Recommendation 15: The ownership of training and prevention of sexual misconduct should be transferred to CPCC.
  • Recommendation 23: The CAF should equip all training schools with the best possible people and instructors.
  • Recommendation 24: The CAF should assess the advantages and disadvantages of forming a new trainer/educator/instructor occupation within the CAF to create a permanent cadre of skilled and professional educators and trainers.
  • Recommendation 27: The CAF should fully implement the recommendations as described in the Deschamps Report on training related to sexual offences and harassment.

Incentivising and rewarding instructors:

  • October 2022: CDS/DM Directive for CAF Reconstitution directs the Canadian Forces Recruiting Group, Canadian Forces Leadership and Recruit School, and Canadian Forces Military Colleges be staffed to 100% in 2022/2023.
  • National Defence will work to ensure that exemplary instructors are awarded with points at promotion boards, commensurate with points awarded for operational deployments.
  • Other incentives, such as pay/allowances, geographic mitigations, and future posting priority will be explored by a working group.

Ensuring appropriate screening of instructors

  • New screening measures adopted in Fiscal Year 2022/2023, including character and competence references, to improve representation and diversity among instructors.

Details

  • Recommendations related to training:
    • Recommendation 15: The ownership of training and prevention of sexual misconduct should be transferred to the CPCC. The CPCC should continue to consult the SMRC on the development of program content, delivery and methods of evaluation for sexual misconduct, but the SMRC should not be engaged in actual program delivery or monitoring.
    • Recommendation 23: The CAF should equip all training schools with the best possible people and instructors. Specifically, the CAF should:
      • Prioritize postings to training units, especially training directed at new recruits and naval/officer cadets;
      • Incentivize and reward roles as Canadian Forces Leadership and Recruit School (CFLRS) instructors, and other key instructor and training unit positions throughout the CAF, as well as the completion of instructor training, whether through pay incentives, accelerated promotions, agreement for future posting priority, or other effective means;
      • Address the current disincentives for these postings, such as penalties, whether real or perceived, for out-of-regiment postings during promotion and posting decisions; and
      • Ensure appropriate screening of qualified instructors, both for competence and character.
    • Recommendation 24: The CAF should assess the advantages and disadvantages of forming a new trainer/educator/instructor occupation within the CAF, or a specialty within one of the human resources-related occupations, in order to create a permanent cadre of skilled and professional educators and trainers.
    • Recommendation 27: The CAF should fully implement the recommendations as described in the Deschamps Report on training related to sexual offences and harassment.

Canadian Military Colleges (CMCs)

  • We recognize the importance of culture evolution within the Canadian Armed Forces, including military colleges, to foster an environment where everyone is respected, valued, and safe.
  • The recommendations in former Supreme Court Justice Arbour's independent review will focus our efforts on addressing the culture concerns that persist at the colleges.
  • In response to Madame Arbour's recommendations, we will conduct a comprehensive review of the military college program, as recommended in Recommendation 29.
  • At the same time, we have initiated measures to define and codify culture concerns particular to the Canadian Military Colleges, and to address them in the short- to mid-term.
  • For example, recent initiatives instituted at the military colleges – including on resilience, equity, diversity and inclusion, Indigenous-related learning, and culture evolution – align with Madame Arbour's recommendations.
  • One initiative the colleges have undertaken is the establishment of culture evolution committees, populated with students, academics, and military staff – and assisted by external experts as required – to identify and address culture issues.
  • These committees have direct access to the chain of command, and are making changes that will affect students on a day-to-day basis.
  • Regarding Recommendation 28, we will also conduct a comprehensive review of the Cadet Wing responsibility structure as part of the review of our military college program.
  • This review is in addition to the changes we are already making to the Cadet Wing responsibility structure.
  • This includes efforts to evolve the Cadet Chain of Responsibility system by paying special attention to pre-requisite training, selection, supervision, and mentorship.
  • The Canadian Defence Academy will also engage with experts to review the Cadet Chain of Responsibility and its rationale, risks, and benefits, as well as cadet experiences, alignment with the military lead development framework, and partner practices.
  • These changes are being put in place while we prioritize Recommendation 29, the outcomes of which will inform the future of the Cadet Chain of Responsibility, as raised in Recommendation 28.
  • Additionally, over the coming months we will be expanding the focus of our surveys at military colleges to encompass the experiences of graduates, as well as more junior undergraduates, including sexual misconduct or discrimination.
  • Our military colleges are currently training and educating a large portion of the next generation of military leadership, and we are committed to ensuring graduates are well prepared for their duties as commissioned leaders.

If pressed on the closure of military colleges:

  • Any changes to the Canadian Military Colleges will be made deliberately, based on broad consultation, with full consideration of the effects on current and future students, as well as academics and military staff.
  • We are committing to conducting a detailed review of the benefits, disadvantages, advantages, and costs of continuing to educate Regular Officer Training Program students at the military colleges.
  • The safety, proper supervision, and development of naval and officer cadets remains one of our most important duties, and we will ensure that we communicate updates on the progress of this review in a timely manner.

Key Facts

  • Recommendation 28: The Cadet Wing responsibility and authority command structure should be eliminated.
  • Recommendation 29: A combination of Defence Team members and external experts, led by an external education specialist, should conduct a detailed review of the benefits, disadvantages and costs, both for the Canadian Armed Forces and more broadly, of continuing to educate Regular Officer Training Program (ROTP) cadets at the military colleges.
  • The CAF is developing draft terms of reference and a recommended set of competencies and qualifications for the members who would comprise a Canadian Military College Review Board.
  • From Academic Year 2023 – 2024 onwards, a Canadian Military College-tailored culture evolution program will be in place.
    • The first step will be to comprehensively define the culture concerns at the military colleges.
    • This will be the result of a Chief Professional Conduct and Culture (CPCC) and defence science-informed action plan, including the identification of areas beyond the remit of the colleges, Canadian Defence Academy, and Military Personnel Command.
    • The program will be adjusted annually, based upon both feedback and evidence-based decision-making.
  • Between January and March 2023, we will start to develop a monitoring and assessment framework for the military colleges to assess progress on addressing culture concerns.
    • The framework will be refreshed annually.
  • Generally, Canadian Military Colleges (CMCs) have higher rates of diversity than the CAF writ large.
    • CMCs are comprised of 26% women, compared to 16% in the CAF.
  • Over the last several years we have also developed two student networks:
    • AGORA, which supports 2SLGBTQI+ students and their allies; and
    • ATHENA, which encourages academic thinking on gender issues, and provides mentorship opportunities for female officer and naval cadets.
  • Cadet Chain of Responsibility (CCoR): We have undertaken work to approve CCoR appointment selection so that it is based on overall performance, with a focus on GBA Plus and equity.
  • The amount of after-hours duty staff at CMCs has also doubled.
  • Other actions to address sexual misconduct in military colleges:
    • In 2019, the Sexual Misconduct Response Centre (SMRC) collaborated with RMC to pilot a progressive prevention program for students called 'Building our Future', in an effort to address the issue of sexual misconduct.
      • The program provides specialized training for all academic and military staff to better prevent, recognize, and respond to sexual misconduct.
      • The program was paused in order to make necessary changes after the pilot. The program is intended to be implemented in 2023 / 2024.
      • Please note: the pandemic has had an impact on program implementation.
  • Additionally in 2019, to better understand how sexual misconduct affects students at CMCs, National Defence requested that Statistics Canada include students attending CMCs in their Survey of Individual Safety in the Postsecondary Student Population.

Details

  • Recommendation 28
    • The Cadet Wing responsibility and authority command structure should be eliminated.
  • Recommendation 29
    • A combination of Defence Team members and external experts, led by an external education specialist, should conduct a detailed review of the benefits, disadvantages and costs, both for the CAF and more broadly, of continuing to educate ROTP cadets at the military colleges. The review should focus on the quality of education, socialization and military training in that environment. It should also consider and assess the different models for delivering university-level and military leadership training to naval/officer cadets, and determine whether the RMC Kingston and the RMC Saint-Jean should continue as undergraduate degree-granting institutions, or whether officer candidates should be required to attend civilian university undergraduate programs through the ROTP.
    • In the interim, the CPCC should engage with the RMC Kingston and the RMC St-Jean authorities to address the long-standing culture concerns unique to the military college environment, including the continuing misogynistic and discriminatory environment and the ongoing incidence of sexual misconduct. Progress should be measured by metrics other than the number of hours of training given to cadets. The Exit Survey of graduating cadets should be adapted to capture cadets' experiences with sexual misconduct or discrimination.
  • Addressing Recommendation 29
    • By moving forward on this recommendation, we have committed to conducting a detailed review of the benefits, disadvantages, and costs, both for the CAF and more broadly of continuing to educate Regular Officer Training Program (ROTP) students at the military colleges.
    • As fully-invested stakeholders, the Canadian Defence Academy, and the military colleges are contributing to the analysis and solution efforts where and as appropriate.
    • Working with the CPCC team and Director General Military Personnel Research and Analysis (DGMPRA), we will ensure a nested approach, fully aligned with other work in DND/CAF including the recently revised CAF Ethos, Trusted to Serve, completed by the military colleges' core values.
    • Recent initiatives instituted at the military colleges, including on resilience, equity, diversity and inclusion, Indigenous-related learning, and culture change align with Madame Arbour's recommendations.
    • We will continue to look very closely at our programs and activities to identify how to make changes that will support the recommendations.
    • Changes made in relation to the IECR will be done with consideration to how women, men, and gender-diverse people will experience them.
  • Programs to Address Culture Concerns
    • There has been a gradual increase in measures to assure that the proper pre-requisite training, selection, supervision, and mentorship of student leaders.
    • Note that graduates from the military colleges will be commissioned officers immediately upon graduation, with lawful authority to command on operations and at their home units – the responsibilities undertaken at the military colleges are of much smaller scope and take place in an environment with considerably more supervision.
  • Cadet Chain of Responsibility (CCoR)
    • The Cadet Wing Chain of Responsibility (CCoR) is comprised of a Cadet Wing Headquarters led by the Cadet Wing Commander (CWC), a fourth year Cadet who exercises responsibility over the Cadet Wing (CW). At RMC Kingston, the Cadet Wing is comprised of four divisions, each led by a fourth year Cadet Divisional Leader (CDL). In RMC Saint-Jean, there are a total of four squadrons in the Cadet Wing.
    • The appointment of students to positions of peer leadership is a longstanding practice adopted by all service academies in partner and allied nations.
    • These appointments vary from a single task, to 24 hours, to a week, and up to a semester for greater experience, enhanced stability, and sustained learning opportunities. Students at Canadian Military Colleges are young adults enrolled in the military, whether as reservists or in the Regular Force.
    • Currently, all appointees in the CCoR must be successful graduates from Basic Military Officer Qualification Part 2 (BMOQ 2). BMOQ 2 is designed as the CAF's qualification for small group leadership and, for most officer occupations, is the last point in their first developmental period where leadership is formally taught or assessed.
    • At Canadian Military Colleges, all officer and naval cadets are mentored by trained CAF members when in CCoR roles and, above the small group level (platoon/flight), the cadets are provided with one-on-one mentorship to enable experiential learning and mitigate challenges when operating above the initial scope of their BMOQ 2 formal training.
    • Significant changes continue to be made to optimize the CCoR process, including:
      • Selection, with a focus on GBA+ and equity;
      • Diversity and inclusion considerations;
      • Training requirements; and
      • Mentoring.
    • This includes ensuring that only naval and officer cadets who have graduated from the BMOQ 2 course, and therefore have the benefit of both initial education and proven practical training on leadership, will be employed in leadership positions.
    • It also means ensuring that all student-facing military positions are filled, and that the staff, as well as senior non-commissioned members attending the colleges, are actively engaged in mentorship of officer and naval cadets in positions of responsibility.
      • For instance, CMCs are arranging for Master Warrant Officer and Chief Warrant Officer students of the Non-Commissioned Member Executive Professional Development Program to each be assigned to a squadron of cadets, with a view to delivering targeted mentoring and coaching.

Complaints and the Grievance Process

  • We fully acknowledge the harmful impact that sexual misconduct and discrimination has on members of the Defence Team.
  • That is why I accepted the intent of Recommendation 10 of former Supreme Court Justice Arbour's report, which focuses on fast-tracking grievances related to sexual misconduct.
  • In order to fully implement this recommendation, legislative, regulatory, and policy changes will be required, which we are currently analyzing to determine the best path forward.
  • However, while these changes are underway, we are pursuing interim measures to ensure that sexual misconduct grievances are prioritized and responded to as quickly as possible.
  • For example, we continue to implement the Chief of the Defence Staff's directive on grievance system enhancements that was issued in March 2021.
  • In response to this directive, the Canadian Armed Forces has launched several initiatives aimed at improving processes and outcomes for our members, including leveraging internal oversight capabilities.
  • We will also develop a Canadian Armed Forces Grievance System Transformation Action Plan, which will include the establishment of informed service standards.
  • Additionally, the Canadian Armed Forces Grievance Authority has referred all sexual misconduct-related grievances to the Military Grievance External Review Committee.
  • We recognize that the grievance system must not cause further harm to the grievor due to delays in decision-making, and we are committed to taking the necessary steps to reduce harm wherever possible.
  • We also acknowledge that Canadian Armed Forces members may choose to file a human rights complaint with the Canadian Human Rights Commission (CHRC).
  • Accordingly, we recognize the need to ensure that the elements of Madame Arbour's recommendations relating to the CHRC and Canadian Human Rights Act (CHRA) are taken seriously and responded to in short order.
  • That is why I directed that the Canadian Armed Forces not file any objections based on section 41(1)(a) of the CHRA, which will allow the CHRC to assess any complaint for sexual harassment or discrimination on the basis of sex.
  • In line with Madame Arbour's recommendations regarding human rights complaints, we continue to improve our internal processes to enhance the complainant experience, and information available to support complainants.

Key Facts

Recommendation on Internal CAF Grievances

  • Recommendation 10: Grievances related to sexual misconduct should be identified, prioritized and fast-tracked through the grievance system.
  • The CAF continues to implement the Chief of the Defence Staff's 3 March 2021 Directive on CAF Grievance System enhancements, with a view to achieving Recommendation 10's intent of causing no further harm.
    • Since the issuance of this Directive, the Canadian Forces Grievance Authority has more than tripled its annual output of decision letters from the Final Authority.
    • It has also significantly increased compliance rates with the Initial Authority time limit (less than 120 days).
  • Since the beginning of 2022, there have been seven grievances related to sexual misconduct, sexual harassment, or sexual discrimination.
    • Of these files, three are closed, and four are currently active within the grievance system.
  • National Defence will continue to prioritize grievances at the Chief of the Defence Staff / Deputy Minister level, so as to strengthen the CAF Grievance Standard and expedite the resolution of grievances.
  • The Chief of the Defence Staff has communicated expectations of CAF Commanders as part of expectation letters and Personnel Development Reviews, reinforcing the principle of accountability.
  • In October 2022, Assistant Deputy Minister (Review Services) preliminarily finalized an independent advisory review of the CAF Grievance System, which will inform the CAF Grievance System Transformation Action Plan.
  • The CAF and Canadian Forces Grievance Authority are undertaking analysis to ensure that the implementation plan for Recommendation 10 is aligned with grievance-related recommendations made by former Justice Fish.

Recommendations on the CHRC and Canadian Human Rights Act (CHRA)

  • Recommendation 7: The CAF should not file any objections based on section 41(1)(a) of the CHRA, and should allow the CHRC to assess any complaint for sexual harassment, or for discrimination on the basis of sex.
  • Recommendation 9: Any complaint related to sexual harassment or discrimination on the basis of sex or involving an allegation of retaliation for reporting sexual harassment or discrimination on the basis of sex should be first directed to the CHRC, should the complainant so choose.
    • We will be communicating internally so everyone knows the options available to them.
  • Recommendation 8: The CHRA should be revised to permit the award of legal costs and to increase the amount in damages that can be awarded to successful complainants.
    • This recommendation has been brought to the attention of Department of Justice officials. The Minister of Justice is the Minister responsible for the CHRA, and any changes to this legislation will require further analysis.

Details

  • Recommendation 10
    • Grievances related to sexual misconduct should be identified, prioritized and fast-tracked through the grievance system at both the Initial Authority (IA) and Final Authority (FA) levels.
    • The Vice Chief of the Defence Staff or their specific delegate should manage the process for all grievances related to sexual misconduct, sexual harassment or sexual discrimination or involving an allegation of reprisal for reporting, or otherwise disclosing sexual misconduct, sexual harassment or sexual discrimination. For such grievances, the Canadian Forces Grievance Authority should designate an IA with subject matter expertise, and who is outside the grievor’s chain of command.
    • QR&O 7.21 should be amended to make it clear that grievances related to sexual misconduct, sexual harassment and sexual discrimination should be mandatorily referred to the MGERC.
    • The CDS should remain the FA and be required to dispose of the matter within three months.
    • The National Defence Act gives CAF members the right to make a formal complaint called a "grievance" about any decision, act or omission in the administration of the affairs of the Canadian Forces for which no other process for redress is provided under the National Defence Act (NDA).
    • The grievance process is a formal approach of resolving a matter for a grievor, and results in a decision that ensures a fair application of policy for a fair outcome for the grievor.
    • Individuals may only submit a grievance while they are a serving member in the CAF. The grievor must state in writing to their Commanding Officer what they seek as redress.
    • A grievance must be submitted within three months after the day on which the grievor knew or ought reasonably to have known of the decision, act, or omission. CAF members can submit a grievance and attempt informal resolution at the same time, and if successful, request to withdraw the grievance.
    • A grievance may be decided by an IA. An IA is obligated to provide a decision within four months. They may ask for an extension if the matter is complicated. Time limitations apply to both the member and the IA.
    • For all grievances, the IA is required to render a decision within 120 days and, if they do not, the grievor has the option to agree to an extension or choose to request that it be referred to the FA. The FA will assess the grievance and, as recommended by Madame Arbour, will refer all grievances related to sexual misconduct, sexual harassment or sexual discrimination to the Military Grievances External Review Committee (MGERC).
    • At this time, there is no time limit on the MGERC to provide their findings and recommendations to the FA, nor is there a time limit for the FA to render a decision. Depending on the complexity of the grievance and the capacity of the MGERC and FA to conduct their investigations and analysis, the decision may take months or even years.
    • The continued implementation of the CDS Directive on CAF GS enhancements and other initiatives will continue to improve the time it will take for the MGERC and Canadian Forces Grievance Authority (CFGA) to assist the FA in rendering their decision on all grievances, to include those related to sexual misconduct, sexual harassment and sexual discrimination.
    • The only further appeal is to the Federal Court through judicial review.
  • Recommendation 7
    • The CAF should not file any objections based on section 41(1)(a) of the CHRA, and should allow the CHRC to assess any complaint for sexual harassment, or for discrimination on the basis of sex, regardless of whether the complainant has exhausted internal complaint mechanisms.
    • The Minister should seek assistance from her colleagues to ensure that the CHRC and the Canadian Human Rights Tribunal (CHRT) are adequately resourced to assess complaints against the CAF and hear them in a timely manner.
  • Recommendation 8
    • The CHRA should be revised to permit the award of legal costs and to increase the amount in damages that can be awarded to successful complainants. To assist in the implementation of this recommendation, the DM should bring this matter to the attention of the appropriate authority on an immediate basis.
  • Recommendation 9
    • Any complaint related to sexual harassment or discrimination on the basis of sex or involving an allegation of retaliation for reporting sexual harassment or discrimination on the basis of sex should be first directed to the CHRC, should the complainant so choose. The CAF should no longer object to the jurisdiction of the CHRC on the basis that internal remedies, including its grievance process, have not been exhausted.
  • Human Rights Complaints in the Canadian Armed Forces
    • The Directorate of External Review works with the CHRC and the CHRT to respond to human rights complaints against the CAF. Complaints may be submitted by serving personnel or members of the Canadian public.
    • The CHRC complaint process is separate from the internal processes in the CAF. The Commission can decide not to deal with a complaint where it is of the view that another grievance or review process is reasonably available to the complainant, and that they should exhaust it. This could include the CAF’s internal integrated conflict and complaint management (ICCM) resources or recourse structures.
    • Complaints are submitted to the CHRC, and the CAF receives complaints from the CHRC and provides a response directly to them. The Commission will then address the complaint in the manner it sees as the most appropriate course based on the information provided.

Universality of Service

  • The Canadian Armed Forces' unique role requires members to be deployable and to perform a wide range of tasks in the context of unlimited liability.
  • This minimum operational standards allows our forces to quickly provide support to emergency responses across Canada and to conduct operations abroad.
  • At the same time, we recognize the need to create an inclusive workplace and reduce barriers to service, while maintaining the Universality of Service principle enshrined in the Canadian Human Rights Act (CHRA).
  • That is why National Defence is currently using an evidence-based approach to review and modernize this policy so that it better meets the evolving roles and operations of the Canadian Armed Forces.
  • National Defence assesses that the updated Universality of Service policy will be ready for release, on schedule, within the next two years.
  • In accordance with former Supreme Court Justice Arbour's recommendation 37, the modernization of the Universality of Service policy will include an update of the minimum operational standards so that they are clearly defined and measurable.
  • Currently, National Defence is developing the specific methods by which members' compliance with the standards will be assessed.
  • National Defence is also developing a GBA Plus informed, individualized and holistic approach to supporting members in breach of Universality of Service as they recover and return, or transition out of the CAF.
  • National Defence will continue to provide support and health care to members throughout their careers to optimize their operational effectiveness and to help them return to service when they temporarily fall below the minimum operational standards as a result of illness or injury.

Key Facts

  • Recommendation #37: Review Universality of Service through a GBA Plus lens and update it to ensure that women and sexual misconduct victims are treated fairly, taking into account their particular situation and risk factors.
  • 2024: Anticipated completion date for the modernization of the Universality of Service policy.
    • 2022: Chief Military Personnel (CMP) continues to conduct research and analysis related to the Universality of Service policy update. As part of this research, the GBA Plus analysis reports will highlight the unique circumstances of women and sexual misconduct victims that may impact their adherence to the Universality of Service policy.
    • 2017: Chief of the Defence Staff direction to modernize Universality of Service.
  • Changes to the universality of service policy will include:
    • GBA Plus informed, individualized, and holistic approach;
    • Evidence-based approach; and,
    • Horizontal alignment with legislation, regulations, and other policies.

Terms and Definitions

  • We have made a clear commitment to take action to transform our culture, rebuild trust, and build a healthy, safe, and inclusive workplace.
  • That is why we are moving forward on all of former Supreme Court Justice Arbour's recommendations, including those on terms and definitions relating to sexual misconduct and harassment.
  • National Defence is considering how to revise these terms and definitions to reflect our evolving culture.
  • For example, we stood up a working group to analyze and implement Recommendations 1 and 2 relating to the definitions of sexual misconduct and sexual assault, and to ensure that these efforts align with the successful implementation of Recommendation 3.
  • In response to Recommendation 3, National Defence will develop options to align the military's harassment policy and processes with the Canada Labour Code, which includes the Workplace Harassment and Violence Prevention Regulations.
  • Further, with regard to Recommendation 4 on adverse personal relationships, our implementation approach will include a range of actions that seek to balance military members' inherent right to privacy with protecting the most vulnerable members.
  • We will continue working to develop a more thorough understanding of the implications of these recommendations on our current policies and culture strategies.

Key Facts

  • Recommendation 1: The formal definition of "sexual misconduct" in the DAOD 9005-1 and other policies should be abolished.
  • Recommendation 2: Sexual assault should be included as a standalone item in the definitions section of the relevant CAF policies, with the following definition: intentional, non-consensual touching of a sexual nature.
  • The policies should then refer to the Criminal Code as the applicable law regarding sexual assaults.
  • Recommendation 3: The relevant CAF policies should adopt the Canada Labour Code definition of harassment.
  • Recommendation 4: The current definition of personal relationship should remain. The concept of "adverse personal relationship" should be abolished.
    • National Defence's actions include:
    • Improving the existing concept of an adverse personal relationship, with examples that better describe what a power imbalance entails;
    • Providing concrete examples of when CAF members must notify their Chain of Command of personal relationships;
    • Providing Commanding Officers with criteria to deal with individual situations to include administrative action; and
    • Ensuring the onus to rebut the presumption of adverse personal relationship falls onto the more senior member in instances where there is an undisclosed personal relationship between members of different rank, or otherwise in a power imbalance.

Details

  • Recommendation 1:
    • The formal definition of "sexual misconduct" in the DAOD 9005-1 and other policies should be abolished.
  • Recommendation 2:
    • Sexual assault should be included as a standalone item in the definitions section of the relevant CAF policies, with the following definition:
      sexual assault (aggression sexuelle): Intentional, non-consensual touching of a sexual nature.
    • The policies should then refer to the Criminal Code as the applicable law regarding sexual assaults.
  • Recommendation 3:
    • The formal definition of "sexual misconduct" in the DAOD 9005-1 and other policies should be abolished.
  • Recommendation 4:
    • The current definition of personal relationship should remain:
      A personal relationship is: An emotional, romantic, sexual or family relationship, including marriage or a common-law partnership or civil union, between two CAF members, or a CAF member and a DND employee or contractor, or member of an allied force.
    • The concept of "adverse personal relationship" should be abolished. All CAF members involved in a personal relationship with one another should inform their chain of command.
    • Commanders should be given appropriate guidance as to how to handle the situation presented to them. It could range from doing nothing, to accommodating the relationship through available measures, or, if need be, ensuring that the members have little professional interaction with each other. There are, of course, a whole range of intermediate measures that may be appropriate to address the best interests of the organization, the parties, and other stakeholders.
    • Should an undisclosed personal relationship come to light between members of different rank, or otherwise in a situation of power imbalance, there should be a rebuttable presumption that the relationship was not consensual. Any negative consequences should be primarily visited on the member senior in rank or otherwise in a position of power.

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