I am committed to ensuring that survivors of sexual misconduct have the support, care, and resources they need.
That is why we are moving forward on all of former Supreme Court Justice Arbour's recommendations relating to support and resources to survivors.
This includes changing the name of the Sexual Misconduct Response Centre to "Sexual Misconduct Support and Resource Centre (SMSRC)", to better reflect its mandate and services.
The SMRC offers person-centred services to current and former Canadian Armed Forces members, as well as Department of National Defence public servants, who have been impacted by sexual misconduct.
In response to Recommendation 13, SMRC is conducting a review of its programs and services to clarify its role as a support and resource centre for survivors of sexual misconduct, and to determine if further resources or supports are required.
While this review is ongoing, SMRC continues to provide a number of robust services, including a 24/7 support line where clients can receive bilingual and confidential support, information, and referrals from public service counsellors.
The SMRC also offers a Response and Support Coordination program, which provides ongoing support, accompaniment, advocacy, and personalized case management services by Response and Support coordinators.
In fact, the 24/7 support line and Response and Support Coordination program were both recently expanded by hiring additional counsellors, and increasing the program's footprint to cover five additional regions across Canada.
This past October, the SMRC also launched its new Community Support for Sexual Misconduct Survivors Grant Program.
This program broadens funding requirements and offers greater flexibility for not-for-profit community-based organizations to support people affected by sexual misconduct in the wider Defence community.
Further, as laid out in Recommendation 14, the SMRC is developing an independent legal assistance program for survivors of sexual misconduct that will include legal information, advice, and representation.
The initial phase of the program will be launching in in early 2023, and we are examining options for a permanent program.
Key Facts
Several of Madame Arbour's recommendations relate to support and resources for survivors:
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);
Recommendation 16 (removing the monitoring of the CAF's effectiveness in responding to sexual misconduct from the SMRC's mandate); and
Recommendation 19 (reviewing External Advisory Council's role, composition and governance).
June 2022: SMRC launched an online peer support discussion platform.
The platform is available to current and former CAF members, as well as Department of National Defence public service employees and their families.
We are continuing to expand SMRC's services to include military families directly or indirectly affected by sexual misconduct. In partnership with Statistics Canada, we are also collecting survey data from CAF members for performance measurement purposes, while ensuring integration of a GBA+ analysis.
This includes members' perceptions on the climate surrounding sexual misconduct in the CAF, impact of sexual misconduct in the workplace, and usage and satisfaction with SMRC's services.
The SMRC's toll-free support line number is 1-844-750-1648.
In fiscal year 2021-2022, 1,558 total contacts were made to the SMRC.
Details
Recommendation 12:
National Defence is addressing the name change to reflect the scope of SMRC.
Work is well underway to make this change in Winter / Spring 2023.
Recommendation 13:
The SMRC's clientele includes current and former CAF members, Department of National Defence public service employees, and military families that have been directly or indirectly affected by sexual misconduct.
Existing programs and services are being reviewed to ensure alignment with this scope.
Information about the SMRC's new name and its scope will be reinforced with the community via communications plan.
Recommendation 14:
The launch of the interim program model of the Independent Legal Assistance program is planned for early 2023, which will involve of the use of ex gratia payments to reimburse legal expenses incurred by victims of sexual misconduct.
A communications and outreach approach is currently being developed to announce the launch of the interim program.
SMRC is conducting analysis and exploring options for establishing a permanent Independent Legal Assistance program model.
Program metrics of the interim model, such as program demand and client needs, will be tracked to help inform a more fulsome options analysis on the proposed permanent program model.
Recommendation 15:
SMRC is in the process of transferring ownership of CAF-specific prevention training initiatives from the SMRC to the Chief Professional Conduct and Culture (CPCC), including: Building our Future, Respect in the CAF (RitCAF), the RitCAF facilitator workshop, and Scenario-based e-learning to CPCC.
This will involve the transfer of responsibility for all aspects of these programs, including the development of program content, delivery, and evaluation.
CPCC will also consult with the SMRC on program content, delivery, and methods of evaluation.
The actual transfer of programs and resources is expected in the December 2022 / January 2023 timeframe.
Recommendation 16:
National Defence has begun preliminary discussions with Assistant Deputy Minister (Review Services) on how to refer the monitoring of the CAF's effectiveness in responding to sexual misconduct to ADM(RS).
Following further discussions, a process to transfer responsibilities will be developed.
Recommendation 17:
This recommendation was accepted as one of the 17 recommendations for immediate implementation. As the current reporting structure is to the Deputy Minister within National Defence, this recommendation is fully implemented. No further action is required.
Recommendation 18:
Consultations are ongoing throughout Fall 2022 and Winter 2023. Next steps are dependent on the implementation of Recommendation 13.
A preliminary analysis has identified specific areas of focus related to increasing independence internally, including:
Financial autonomy;
Decision-making;
Independent reporting;
Organizational parity with other Defence Team organizations;
Examination of internal policies and processes; and
Bolstering external connections.
Further analysis is being conducted through consultation with stakeholders to determine if other areas need to be examined that may be affecting the SMRC's ability to operate independently.
Recommendation 19:
The SMRC fully accepts the recommendation and agrees that a review of the External Advisory Council (EAC) role, composition, and governance, with an express intent to foster equitable representation, should be conducted.
The SMRC equally agrees to ensure that the publication of an annual report is made possible through logistical or secretarial support while ensuring the EAC's independence.
The SMRC is establishing a Stakeholder Engagement Framework.
In her report, former Supreme Court Justice Arbour highlighted concerns related to Duty to Report, including the isolation it can create for victims and the lack of trauma-informed considerations in its blanket application.
We acknowledge that the Duty to Report has had unintended effects for people affected by sexual misconduct.
Recommendation 11 of Madame Arbour's report states that that sexual misconduct should be exempt from Duty to Report requirements.
Madame Arbour also recommends that we consider abolishing the Duty to Report for all infractions under the Code of Service Discipline.
Earlier this year, I amended the Queen's Regulations and Orders for the Canadian Forces (QR&O) to create an exception to the Duty to Report regulations in the context of a restorative engagement program.
This is an important step in our efforts to restore relationships with members of the institution who have been harmed by sexual assault, sexual harassment, or discrimination.
Additionally, the Chief Professional Conduct and Culture organization has reconvened the Duty to Report working group to develop a draft policy framework.
This policy framework will further amend QR&O provisions to exempt sexual misconduct-related offences from the Duty to Report.
We will also revise relevant Defence Administrative Orders and Directives that cover the Duty to Report, while examining options regarding broader Duty to Report exemptions.
The working group will consult key external stakeholders, including survivors, and ensure a trauma-informed and victim-centred approach.
Key Facts
Recommendation 11: Article 5 of the DAOD 9005-1 (Sexual Misconduct) should be removed and the QR&O should be amended to exempt sexual misconduct from its application. Consideration should be given to abolishing the duty to report for all infractions under the Code of Service Discipline.
Duty to Report Working Group
The Working Group first convened in Fall 2021 to respond to the recommendations of the Third Independent Review of the National Defence Act by Justice Fish.
The Working Group was redirected to proceed with the immediate need for amendments to enable the sexual misconduct class action Restorative Engagement program to process.
However, following Madame Arbour's report, the Working Group was reconvened in September 2022.
A previous Working Group was convened in November 2018, following the Fall 2018 Report of the Auditor General, which recommended that National Defence identify and develop an approach to clarify Canadian Armed Forces members' obligations for reporting incidents of sexual misconduct.
This work resulted in the clarification on Duty to Report provided for in DAOD 9005-1 Sexual Misconduct (published in Fall 2020), but did not result in changes to the QR&O.
Members represent all key internal stakeholders, such as the Judge Advocate General, Sexual Misconduct Response Centre, Canadian Forces National Investigation Service, Chaplaincy and Canadian Forces Health Services.
The Working Group will also undertake consultations with key external stakeholders.
