Update to Parliament on Implementation of Independent External Comprehensive Report (Arbour Report)
My top priority is to build an inclusive and diverse Defence Team, free from harassment, discrimination, sexual misconduct, and violence.
Former Supreme Court Justice Arbour's report is a key basis on which we are delivering meaningful reform across the Defence Team.
This report builds on the insights and recommendations from previous external reports, including those of former Supreme Court Justices Deschamps and Fish.
That is why I welcomed Madame Arbour's report in its entirety and National Defence committed to immediately implement one third of the recommendations.
Following intense analysis, reflection, and consideration, I am pleased to inform Parliament that National Defence will move forward on all of Madame Arbour's recommendations.
This is a firm commitment to the lasting culture change that will be required to restore trust in our institution.
In fact, since the release of Madame Arbour's report in May 2022, the Defence Team has worked hard to develop an approach towards the implementation of her recommendations.
We are moving ahead swiftly to develop a holistic, thematic approach to meeting the intent of the recommendations, encompassing individual recommendations and ongoing initiatives to promote culture and transformational change.
This will move us beyond a check-box, recommendation-focused approach, to addressing common thematic issues that will be linked to desired outcomes.
Some recommendations will require more work and more time than others to implement, such as those that involve changes to policies, regulations and legislation.
We are committed to working collaboratively and effectively across the Defence Team and with our partner organizations to advance these initiatives.
We must also consider how Madame Arbour's recommendations align with other external review recommendations that we have already accepted.
Transformational change takes time, but we are up to the challenge.
Madame Arbour's report charts the path forward, and with its help we will strengthen, grow, and improve our crucial institution.
Key Facts
The Independent External Comprehensive Review (Arbour report) provides 48 recommendations that fall within 11 areas of focus.
Recommendation 47: The Minister should inform Parliament by the end of the year of the recommendations in this Report that she does not intend to implement.
April 29, 2021: The former Minister of National Defence appointed Madame Arbour to undertake the review.
May 20, 2022: Madame Arbour provides her final report to the Minister of National Defence.
May 30, 2022: National Defence agrees to immediately begin implementing 17 of the recommendations.
November 3, 2021: Minister Anand acknowledges the interim recommendation from Madame Arbour to immediately refer sexual assaults and other criminal offences of a sexual nature under the Criminal Code to civilian authorities.
November 2021: The Canadian Forces Provost Marshal issues policy guidance on the transfer of criminal offences to civilian authorities.
2022: National Defence establishes the Director General External Reviews Implementation Secretariat (DGERIS) to ensure a permanent governance structure for the day-to-day work of external report implementation.
October 24, 2022: Minister announces the appointment of Madame Jocelyne Therrien as External Monitor to provide advice to the Minister of National Defence in the oversight of the implementation of the recommendations of the Independent External Comprehensive Review (Recommendation 48).
The report released by former Supreme Court Justice Arbour provides a valuable contribution to the way we are delivering meaningful reform across the Defence Team.
That is why I agreed with the intent of all of the recommendations in the report, and why we committed to immediately implement 17 of them.
This includes recommendations that relate to a number of reforms to the Sexual Misconduct Response Centre (SMRC), which is an important resource for Defence Team members who have experienced sexual misconduct.
For example, in response to Recommendation 14, we will launch an interim independent legal assistance program for victims of sexual misconduct in early 2023, and we are examining options for establishing a permanent program later next year.
We are also making progress on recommendations pertaining to Canadian Armed Forces recruitment and training processes.
For instance, 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 have also added a third-party interview component to the General Officer / Flag Officer promotion process, external to National Defence.
Additionally, initial work is underway to implement recommendations 33 and 35, which seek to improve the performance evaluation process for senior leaders.
On October 24, 2022, I also appointed Madame Jocelyne Therrien as the External Monitor to oversee National Defence’s efforts to address sexual misconduct and harassment and to implement Madame Arbour’s recommendations.
The Defence Team continues to prioritize and move forward on the implementation of all 17 recommendations, as part of our continued commitment to strengthen, grow, and improve our crucial institution.
Key Facts
The Arbour report provides 48 recommendations that fall within eleven areas of focus.
Those areas range from the CAF’s definitions of sexual misconduct and harassment, to the mandate and activities of the SMRC - including its independence and reporting structure - to issues around recruitment, military training military colleges, and internal and external oversight mechanisms.
On May 30, 2022, we agreed to immediately begin implementing 17 of the recommendations:
Recommendation 12 (renaming the SMRC);
Recommendation 13 (the SMRC’s role);
Recommendation 14 (immediate access to legal assistance for victims of sexual misconduct);
Recommendations 15, 17, 18 (enhancements to the role and structure of the SMRC);
Recommendations 20, 21, 22 (Canadian Armed Forces recruitment and training processes);
Recommendation 32 (senior officer promotions);
Recommendations 33 and 35 (evaluation and certification processes for officers);
Recommendations 41 and 42 (ADM(RS) briefing MND on all investigations related to sexual harassment, sexual misconduct and leadership culture in the Defence Team);
Recommendation 45 (public online database of research and policies relating to sexual harassment and misconduct, gender, sexual orientation, race, diversity and inclusion, and culture change);
Recommendation 47 (MND update to Parliament on acceptance of recommendations); and
Recommendation 48 (appointment of External Monitor).
Recommendations 17 and 47 have been fully implemented.
Earlier this year, National Defence established the Director General External Reviews Implementation Secretariat (DGERIS) to ensure a permanent governance structure for the day-to-day work of external report implementation.
Details
Recommendation 12:
The SMRC’s name should be changed to Sexual Misconduct Resource Centre.
Recommendation 13:
The SMRC should be reinforced as primarily a resource centre, with adequate expertise and capacity, solely for complainants, victims and survivors of sexual misconduct.
Recommendation 14:
The SMRC should ensure that it can facilitate immediate access to legal assistance to victims of sexual misconduct. Such legal assistance must be available across the country and on the full range of issues related to sexual misconduct in the CAF, including in respect of the various processes triggered by disclosure. To do so, the SMRC should compile a roster of civilian lawyers able to provide such services and ensure that they are properly trained to do so. The SMRC should also prepare a schedule of fees for such services, and provide for direct payment to the lawyers.
Recommendation 15:
The ownership of training and prevention of sexual misconduct should be transferred to the Chief Professional Conduct and Culture (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 17:
The SMRC should remain within the Department of National Defence and continue to report to the Deputy Minister.
Recommendation 18:
The administrative structure of the SMRC should be reviewed in order to increase its independence, effectiveness and proper place in the Defence Team.
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.
Recommendation 32:
In fulfilling her responsibility in approving General Officer / Flag Officer (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 33:
The new processes for psychometric evaluation and confirmatory 360-degree review used in the promotion of GOFOs should be carefully reviewed by an external expert on an annual basis, with a view to their progressive refinement. The results of this annual review should be reported to the Minister.
Recommendation 35:
The Performance and Competency Evaluation (PaCE) system should be modified to include a self-certification requirement on the Performance Appraisal Report (PAR) for those 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, similar to that already in place for GOFO nominations. The candidate would need to certify that they are not subject to any current or prior investigation or proceeding, whether criminal, disciplinary, administrative or otherwise, related to sexual misconduct; and, if they are, provide all relevant details.
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 42:
The Assistant Deputy Minister (Review Services) should report annually to the Minister on statistics and activities related to investigations under the DAOD 7026-1, in line with what is required under the Public Servants Disclosure Protection Act (PSDPA).
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 47:
As a first step, the Minister should inform Parliament by the end of the year of the recommendations in this Report that she does not intend to implement.
Recommendation 48:
The Minister should immediately appoint an external monitor, mandated to oversee the implementation of the recommendations in this Report and other external recommendations that she accepts.
The external monitor should be assisted by a small team of their choosing that is external to the Defence Team. They should have access to all documents, information, individuals and entities they deem relevant, including ECRIC.
The external monitor should produce a monthly "monitoring assessment and advice" report directly to the Minister and publish bi-annual public reports.
