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Appendices

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Appendix 1 - Schedule O: Consultations for gender representation and diversity

This document sets out a proposed consultation schedule. Should circumstances require it, the process, schedule or representatives may be amended or changes by the agreement of the parties to address challenges and facilitate the objective of the consultation.

Consultation Group

The lead representatives in respect of the consultations will be:

  1. CAF representatives
    Within 30 days of the FSA being approved, CAF will select 3 representatives with functional responsibility for, or subject matter experience with, gender diversity and inclusion to participate in the consultations.
  2. Class member representatives
    Within 30 days of the FSA being approved, Class council will select 3 representative plaintiffs or class members to participate in the consultations.
  3. Subject Matter Experts
    Within 30 days of the FSA being approved, the parties will jointly select 3 subject matter experts to participate in these consultations.

Process

The Consultation on Gender Representation and Diversity will proceed in 3 phases: phase I - needs assessment; phase II – development; and phase III – finalization.

Class Member Representatives will not be paid for their time or their advice. Canada shall be responsible for reasonable expenses incurred by the Class Member Representatives in the course of carrying out their obligations under this Schedule. Reasonable expenses may include meals, travel and accommodation in accordance with the Government of Canada National Joint Council Travel Directive. Class Member Representatives may be asked to sign an Agreement with the Department of National Defence/CAF in order to facilitate the reimbursement of these expenses, in accordance with Government of Canada policies and procedures.

Administrative support required for the work of the Consultation Group will be provided through Military Personnel Command.

Phase I – Needs Assessment

The objective of the Needs Assessment phase is to establish an informal foundation and context to understand current CAF demography and initiatives, and identify areas where the input and expertise of subject matter experts and Class Member Representatives could be best employed.

  1. Within 90 days following the approval of the FSA, the Consultation Group will hold one or two formal meetings of representatives. Additional separate meetings between some or all of the Consultation Group may be held as required;
  2. CAF will share information concerning current gender demography, trends and gender representation and diversity initiatives;
  3. CAF will share information an overall CAF structure and processes, which may be important to improving gender representation and diversity including recruitment;
  4. Subject Matter Experts will share subject matter expertise and types of program development, advice and input that can be provided;
  5. Consultation Group will brainstorm on methods to develop and improve CAF gender representation and diversity;
  6. Consultation Group to agree on scheduling and meeting dates for phases II and III;
  7. Subject Matter Experts to provide proposals with estimates of reasonable costs of consultation work to CAF for consideration and approval;
  8. CAF to arrange and establish Subject Matter Expert contracts in accordance with government contracting rules and guidelines and Consultation Group objectives.

Phase II – Development

The development phase involves work by Subject Matter Experts in developing, discussing and integrating feedback from the broader consultation group, in relation to ideas and advice for gender representation and diversity proposals, recommendations and initiatives.

  1. Within 6 months following the approval of the FSA the Consultation Group will hold one or two formal meetings of representatives to discuss possible areas for improvement suggested by Subject Matter Experts. Further communications or meetings may be scheduled as required;
  2. Subject Matter Experts to develop proposals, ideas and advice regarding the development programs or initiatives on CAF gender representation and diversity and how to integrate with current CAF structure processes and initiatives;
  3. Subject Matter Experts to provide preliminary draft reports outlining proposals or recommendations to CAF and Class Member representatives for broader consideration within the Consultation Group. The representatives will have an opportunity to provide comments and suggestions to ensure the recommendations reflect Class Members’ interests and concerns and take into account existing CAF programs, initiatives and constraints;
  4. Consultation Group to discuss and consider appropriate and realistic gender representation goals and timelines.

Phase III – Finalization

In the finalization phase, Subject Matter Experts will incorporate feedback and submit final reports to the Consultation Group, and the Consultation Group will, in turn, prepare a summary report of the Subject Matter Expert proposals and Consultation Group work for delivery to CAF.

  1. Within 9 months following the approval of the FSA, Subject Matter Experts will finalize and present proposals and recommendations addressing gender representation and diversity goals, and the timelines to achieve them, to the broader Consultation Group;
  2. The Consultation Group to present Subject Matter Expert proposals to the CAF along with a summary report of the work of the consultation group.

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Appendix 2 - Terms of Reference

Terms of Reference – Heyder-Beattie Schedule O Consultation Group

References:

  1. Heyder, Graham and Shultz-Nielsen v. Her Majesty the Queen, Beattie v. Her Majesty the Queen - Final Settlement Agreement 10 July 2019
  2. Federal Court Decision 25 November 2019
  3. Joint CDS/DM Directive for Implementation of CAF-DND Sexual Misconduct Class Action Final Settlement Agreement (DRAFT)
  1. In accordance with the Final Settlement Agreement (FSA) of the Heyder-Beattie Class Action (Ref A, B), the Consultation Group, comprised of three (3) CAF representatives, three (3) mutually agreed upon Subject Matter Experts (SMEs) and three (3) Class Members will determine the overall process and outcome of the Schedule O implementation, with the end intention to develop recommendations to improve gender representation and diversity in the CAF. Leveraging the expertise of external opinions and approaches will provide the CAF with a crucial and much-needed external perspective. 
  2. Intent: The Schedule O Consultation Group is one of five (5) measures to be implemented in response to the FSA. As per S. 5.05, the Gender Representation and Diversity Consultation Group will be comprised of three DND/CAF representatives, three mutually-agreed upon SMEs and three Class Members regarding increasing gender representation and diversity in the CAF. 
  3. The intention of this Consultation Group is to garner external subject matter expertise, and lived experiences of current and former CAF members in order to improve gender representation and diversity, with a final recommendation report and presentation to be made to the CAF.
  4. Objectives: The Consultation Group will be implemented in three phases, as set out in the Heyder-Beattie FSA. These include:
    1. Providing an overview of current initiatives and context of the CAF to the named SMEs and Class Member Representatives;
    2. Supporting SMEs and providing feedback in the development of their recommendations to improve gender representation and diversity in the CAF;
    3. Composing a final Summary Report to consolidate SME recommendations and work of the Consultation Group, which will be presented to the CAF.
  5. Outcomes: A Summary Report, comprised of the materials generated during the consultations and three SME-generated Recommendation Reports to address gender representation and diversity in the CAF is the primary outcome of this Consultation Group. These two products will be developed in the following phases:
    1. Based on Phase 1 information sharing/gathering, SMEs in consultation with CAF and Class Member Representatives, will identify strengths and weaknesses within the overall CAF approach to gender representation and diversity;
    2. Phase 2 and 3 will result in SMEs developing specific recommendations to the CAF regarding gender representation and diversity, with input and feedback gathered from both CAF and Class Member Representatives;
    3. Phase 3 allows SMEs time to finalize their recommendation reports, and for the Summary Report for the Consultation Group work to be developed.
  6. Consultation Group Summary Report: The final report will contain the recommendation reports from the three SMEs, as well as the relevant documents and summary of the Consultation Group efforts. CAF and Class Member Representatives will review and approve of the final report prior to its presentation to the CAF. During the preliminary convening of the Consultation Group, the CAF recipient of the Summary presentation will be determined.Footnote 35
  7. Scope of Schedule O: The FSA provides general guidance on the focus of the Schedule O Consultation Group to be gender representation and diversity. The Consultation Group will determine the focus and intent of the Consultation Group upon convening.
  8. Additional information and resources: There may be limitations on data and content that can be shared by the CAF due to classification and protected status. SMEs are permitted to request information that may assist in their development of recommendations if relevant to CAF’s commitment to share information. The CAF retains the sole responsibility and authority over whether information may be shared, based on relevance of the request to the mandate of the Consultation Group, and the protected status of the information.
  9. Confidentiality: In order to support free and open discussion within the Consultation Group, members are asked to maintain confidentiality of the privileged discussions and deliberations that will occur throughout the Phases of Schedule O. The matters discussed during the Consultation Group are asked to be treated with discretion.
  10. Requests for information: All requests by the public for information concerning the Consultation Group will be referred to the Directorate of Access to Information and Privacy (DAIP) at NDHQ. Any releases of information shall be made in accordance with the Privacy Act, the Access to Information Act, and the National Defence Act.
  11. Due date: Schedule O outlines the following timelines for implementation:Footnote 36

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FSA Date Task
Approval Date + 90 days 1 January 2021 Completion of 1-2 initial Gender Rep meetings
Approval Date + 6 months 1 April 2021 Completion of 1-2 “development phase” Gender Rep meetings
Approval Date + 9 months 1 July 2021 SMEs to present proposals for Gender Rep consultations
  1. Reporting progress: As the CAF lead, DHRD will provide updates to relevant leadership and the Departmental Litigation Oversight Committee on a regular basis.
  2. Communication: Clear and regular communication is necessary for Schedule O to be a success. An email list that consists of all members will be developed following confirmation of contracting for SMEs. 
  3. It is expected that all conversations and communications relevant to the SMEs developing their Reports will be shared during the Consultation Meetings, or in group emails. In the event further conversation or questions are required, Consultation Group members are asked to copy all participants to ensure clear lines of communication and everyone is informed, as well as tracking work and meetings for the Summary Report.
  4. Financial: Financial matters will be dealt with as follows: 
    1. Travel for members of the Consultation Group will be paid for by CAF. Reasonable economical means of travel and living arrangements are to be used.Footnote 37
    2. As per Schedule O, Class member representatives will not be paid for their time or service, however reasonable expenses for the purpose of contributing to the Consultation Group will be reimbursed as per S. 20. 
    3. Reimbursement process: Travel and hospitality will be coordinated and paid for by CAF;
      1. Contractors will submit travel as part of their invoicing process.
      2. Volunteers are asked to maintain all additional receipts, boarding passes, and materials and to submit within two (2) weeks (14 days) of the meeting date.
    4. Expenses incurred, or commitments made, without prior approval will be the responsibility of the individual incurring the expense, or making the commitment, using their own financial support arrangements;
    5. All expenses and per diems are subject to Government of Canada National Joint Council Travel Directive Guidelines; and 
    6. Point of Contact (POC). The POC for issues related to the financial support for the Consultation Group is ______. 
  5. Dispute resolution: In the event that a dispute arises, the Consultation Group will attempt resolve it internally. In the event that disputes cannot be resolved within the Consultation Group, the Consultation Group may consult counsel for both the class and the Attorney General of Canada. 

Endorsement

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Appendix 3 - Needs assessment summary

Hypermasculinity (masculinities, contest culture, and impact on various communities, subcultures (across L1s and subgroups).

Education

  • Review of professional development stages for diversity, inclusion and conduct, including (but not limited to) sharing of stories and testimonies from survivors
  • Incentivized training and development for diversity and inclusion and professional conduct that are delivered by professionals/subject matter experts

Leadership and accountability

  • Leadership qualities/PERS should include empathy, character-based assessments, empathy, respect, inclusion
  • Peer reviews (PERs)
  • Understanding climate on bases and wings
  • Research program that assesses impact of heteronormative and homosocial culture on sexual misconduct and harassment
  • Alignment of databases internal to CAF and with VAC
  • Moving beyond performative acts
  • Improved understanding an awareness of COs
  • Military justice system external review (external JAG)

Policy and programming

  • Leadership knowledge of policy and appropriate application, including medical direction and leadership compliance
  • Support services receive trauma-informed training in order to provide treatment/support
  • Inclusive health services (IVF, MST as an OSI)
  • Best practices and lessons learned from other countries
  • Dedicated point of contacts on bases/units for victim advocacy (support, direction, etc) (SAPR approach)
  • Point of contact for personnel policies (ARC)
  • Review of policies related to parental leave, mental health, pregnancy since 2010
  • Duty to warn

Representation and acknowledgement

  • Commemoration or video that can be used for education purposes
  • Sharing of testimony/stories
  • Updating of oath, ethics and values form for new recruits
  • Pre-recruitment screening questions on values, ethics, biases during interview stages
  • GPA Plus integrated into (and assessment of) basic training

Career management/retention

  • Support for individuals once they join
  • Promotion and merit board composition
  • Adaptive career path (including maternity leave)
  • Deployability
  • Universality of Service
  • Career management (training, postings)
  • Incentivizing positions for diversity and inclusion professional development
  • Additional positions (uniformed psychologists)
  • Diversity within SMSRC positions, military/civilian breakdown
  • Knowledge of supports (sexual misconduct, policy clarity)
  • Alignment between career managers and medical teams
  • Bounce back period/operational tempo too high; exacerbating PTSD

Release

  • Duty to report
  • Disclosure of medical when applying for OHIP (privacy)

Subject Matter Expertise

  • Leadership
  • Policy change, development and evaluation
  • Military education
  • Military and organizational culture
  • Gender integration
  • Military to civilian transition
  • Military sexual trauma
  • Military doctrine and values
  • Critical mass

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