Part 1: Overview of consultation process

Introduction

On 26 November, 2019, the Government of Canada (Canadian Armed Forces and Department of National Defence) agreed to the Final Settlement Agreement (FSA) of the Heyder-Beattie Class Action. The settlement acknowledged that members of the Canadian Armed Forces “experienced sexual harassment, sexual assault, and/or discrimination on the grounds of sex, gender, gender identity or sexual orientation in connection with their military service.”^{Footnote 4} Some public service employees were also recognized as being survivors of sexual assault, harassment, and/or discrimination.

The settlement agreement included several measures, ranging from consultations to improve survivor support, a restorative engagement program, policy updates through Veterans Affairs Canada, and compensation. Among these measures, a commitment was made for the Canadian Armed Forces to conduct Consultations for Gender Representation and Diversity (Schedule O). This Final Summary Report provides an overview of these consultations, and the resulting recommendations developed by three external Subject Matter Experts. These Subject Matter Experts were chosen collaboratively by the Representatives during Phase one.

Alignment

This consultative process aligns, informs, and expands on ongoing work within the Department of National Defence and Canadian Armed Forces as it works to foster a more diverse and inclusive culture. Strategic initiatives including, but not limited to the Defence Team Human Resource Strategy, the Canadian Armed Forces Diversity Strategy, and Employment Equity Plan reflect the ways in which inclusivity and diversity must be mainstreamed across the Department, bases and wings. Ongoing and improved implementation of Gender Based Analysis Plus (GBA Plus), Indigenous Principles, and recommendations stemming from the LGBT Purge Final Settlement Agreement also bolster this work and provide important considerations during the implementation of the proposed recommendations.

Context

This section puts into context some of the existing research and initiatives as they relate to culture change and diversity in the Canadian Armed Forces, situating the Consultations for Gender Representation and Diversity within a broader, existing program of work and understanding. In addition to internal research led by Director General Military Personnel Research and Analysis (DGMPRA), several internal and external evaluations have identified service gaps and opportunities within the Canadian Armed Forces as it relates to diversity, inclusion, and accountability. The three recommendation reports also provide ample evidence and research regarding diversity in the armed forces, and the barriers that persist for equity-deserving groups.

Existing evaluations and recommendations include, but are not limited to, The Report of the Standing Committee on National Defence (NDDN) Improving Diversity and Inclusion in the Canadian Armed Forces (2019). The Report provided 23 recommendations, ranging from cultural awareness to alternative career paths for women and diverse peoples. The ADM (RS) Evaluation of Diversity and Inclusion (D&I) in the Defence Team (2019) provided a targeted assessment of governance mechanisms in the Canadian Armed Forces and National Defence, with recommendations broadly focusing on the need for a common vision related to diversity and inclusion and performance measurement.

Additional reports, such as the External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces (2015) (the “Deschamps Report”), the Auditor General of Canada Report 5—Inappropriate Sexual Behaviour—Canadian Armed Forces (2018), the Standing Committee on the Status of Women Treatment of Women in the Department of National Defence (2019), and The Standing Senate Committee on National Security and Defence Report Sexual Harassment and Violence in the Canadian Armed Forces (2019) collectively call for increased attention and proposed initiatives to combat sexual violence and hyper-masculine culture in the Canadian Armed Forces. Together, these reports (and those that came before them, including the Royal Commission on the Status of Women) highlight the implications of discriminatory military culture. While the Heyder-Beattie Final Settlement Agreement identifies the need for improved initiatives to support gender representation and diversity, this requirement has been reflected and called for by civil society and academia for some time.

Research conducted by the Department of National Defence corroborates some of these findings, and the experiences of Class members shared within the Final Settlement Agreement. To this end there are clear opportunities to improve the culture, programs, and policies within the Canadian Armed Forces as they relate to inclusion and diversity. Particularly with regard to gender discrimination, “significant differences were found between men and women in reported discrimination: Women reported experiencing significantly more discrimination than men in the 12 months (Cotter, 2016; Daugherty & Peach, 2018; LeBlanc & Wang, 2017) and 24 months (Wang, 2013a) prior to the study.”^{Footnote 5} In addition, research on women in non-traditional occupations has found that women’s low recruitment and representation rates can be explained in part by organizational culture and leadership.^{Footnote 6} This discriminatory culture is further exemplified with interviews of Canadian Armed Forces women in a 2017 research study, which found:

• “Many participants felt that the military culture is male-dominated. One participant stated: “The old boys club is very much alive still.”^{Footnote 7}
• “Many participants felt that they need to work twice as hard as men to prove that they could be successful in a particular trade or job…For example, one participant contended: “You have to be twice as good as the guy sitting next to you to even be recognized that you’re a human being.”^{Footnote 8}

Career trajectory and senior leadership in the CAF was also recognized as an opportunity for further discussion by the Consultation Group. While there is evidence that exposure to diversity of thought and experience can improve career trajectory for senior leaders in the CAF,^{Footnote 9} there are also “underlying factors that can play a significant part in determining capability to achieve senior rank levels, including but not limited to work-family balance.”^{Footnote 10} While work-life balance and family responsibilities are experienced by many Canadian Armed Forces members, the previously referenced NDDN report acknowledges that “Gender-based research has demonstrated that unpaid family care and household work are still primarily carried out by women,”^{Footnote 11} and women face particular challenges relating to career progression in the military.^{Footnote 12}

The importance of intersectionality during this consultation was also noted. Research on racism and harassment has found that “visible minorities and Indigenous peoples have reported a range of negative experiences and perceived challenges with career progression due to inequitable or discriminatory treatment”^{Footnote 13} and how there are compounding effects of gender and ethnicity when considered together. “The intersectionality of gender and ethnicity is an important factor that impacts the degree of inclusion visible minority and Indigenous members experience at their unit. Research has noted important differences across visible minority communities, and particularly between visible minority men and women.”^{Footnote 14} Intersectionality, as reflected in the above studies, was identified as a key consideration by the Consultation Group.

The need to reflect and address military organizational culture must be underscored. Throughout the consultation process, it was identified that real change must occur at the cultural level, though tangible and realistic recommendations can support this institutional change while mitigating barriers to inclusion and participation of equity-deserving groups. The recommendations proposed by the Subject Matter Experts can broadly support culture and organizational change, but include tangible recommendations that can be implemented in a timely manner.

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Summary of consultation process

The following provides an overview of the intent, scope, objectives, and outcomes of the Schedule O: Consultations for Gender Representation and Diversity, as stipulated in the Final Settlement Agreement. Following this overview, a summary of the consultation process and milestones for each Phase is provided.

Intent and scope

The Schedule O Consultation Group was one of five measures to be implemented in response to the Final Settlement Agreement. The Consultation Group was comprised of three Department of National Defence and Canadian Armed Forces representatives, three mutually-agreed upon Subject Matter Experts, and three Class Members. The Consultation Group was responsible for garnering external subject matter expertise and lived experiences of current and former Canadian Armed Forces members in order to inform the development of recommendations to improve gender representation and diversity. The consultation process included an assessment and identification of gaps that may currently exist in military policies, programs, and processes. The three Subject Matter Experts were responsible for developing their recommendation reports, based on the process outlined in the settlement (Needs Assessment, Development, and Finalization).

As identified in the Terms of Reference (Appendix 2),^{Footnote 15} the Representatives collaboratively agreed on the scope of work and focus of the consultations. Early in the consultative process, the Consultation Group members agreed that the intent and scope of the recommendations were not explicitly to assess Employment Equity goals. Rather, the group agreed on the need to identify larger cultural challenges, and tangible recommendations that could be implemented to begin addressing the systemic and “legacy barriers” to culture change. In doing so, the Consultation Group agreed that recommendations should set the necessary conditions for a more equitable, inclusive, and enabling Canadian Armed Forces, rather than focusing on increasing the numerical representation through short-term initiatives.

Objectives and outcome

The Consultation Group was implemented in three phases, as set out in the Heyder-Beattie Final Settlement Agreement. Broadly, these phases included:

• Needs Assessment. Provided an overview of current initiatives and context of the Canadian Armed Forces to the Subject Matter Experts and Class Member Representatives. Based on the Phase One Needs Assessment, the Subject Matter Experts, in consultation with Defence Team and Class Member Representatives, identified strengths and weaknesses within the overall approach to gender representation and diversity;
• Development. Supported the Subject Matter Experts and provided feedback in the development of their recommendations to improve gender representation and diversity. Subject Matter Experts developed recommendations for the Canadian Armed Forces using industry standards, research, and best practices. The outlines and draft proposals were refined with input and feedback gathered from the Representatives, and;
• Finalization. This Phase included the finalization of the Subject Matter Experts’ Recommendation Reports and presentation to Commander Military Personnel. This Summary Report, comprised the materials generated during the consultations and three Subject Matter Expert Recommendation Reports to address gender representation and diversity in the Canadian Armed Forces, was the primary outcome of Schedule O.

This Summary Report, comprised of the materials generated during the consultations and three Subject Matter Expert Recommendation Reports to address gender representation and diversity in the Canadian Armed Forces, was the primary outcome of Schedule O.

Summary of events

The below timeline summarizes the meetings held for each of the 3 phases. An overview of the progress and milestones for each phase is then provided.

Figure 2: Overview of consultation phases

Phase One

Three Subject Matter Experts were chosen in February 2020, based on their knowledge and expertise in a particular field, by way of a collaborative process that engaged the Defence Team and Class Representatives. Seven meetings were held during the first phase, including multiple meetings involving all group members, and on occasion, several smaller subject driven sessions. The focus of briefings spanned a wide host of topics ranging from personnel policies, Gender-based Analysis Plus (GBA Plus) integration, Employment Equity and the role of Universality of Service, to the work on Adaptive Career Paths, professional conduct, Defence Advisory Groups, and finally, ongoing research. The scope of the consultations and Needs Assessment began quite broad. The facilitator assessed the range of discussions through a thematic analysis, resulting in several potential key areas of focus (See Appendix 3, Summary of Needs Assessment). The six Representatives then reviewed the overarching themes proposed.

The outcome of the Phase One Needs Assessment was a proposal from the Representatives, requesting roadmap recommendations from the Subject Matter Experts, informed by the challenges and opportunities identified during the consultation. Three core areas were identified by representatives as critical to culture change, gender representation and diversity: education, leadership accountability, and workplace support. The intent was for Subject Matter Experts to each address one theme and provide evidence-based recommendations. The first phase of Schedule O was completed as of 6 November 2020. From November 2020 to January 2021, Subject Matter Experts created outline draft roadmaps that were shared for representative consideration and feedback in Phase Two.

Figure 3: Thematic focus of Subject Matter Experts

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Phase Two

The Development Phase (Phase Two) of the Consultations for Gender Representation and Diversity commenced 1 January 2021. Subject Matter Experts drafted outline roadmap recommendations focusing on their respective themes. Outlines were presented to the Consultation Group for preliminary feedback and direction over the course of three meetings (one for each theme, respectively). Following commentary on the initial draft outlines, the Subject Matter Experts revised their outlines and drafted full reports. Over the course of three additional meetings, Subject Matter Experts presented their full draft reports for commentary from the Consultation Group.

Commentary on the reports was positive overall. Representative feedback focused on inclusive language, providing greater clarity, and contextualizing some of the recommendations being proposed. Key areas that required further deliberation focused on language: for example, the implications of denoting “soft skills” as such,^{Footnote 16} and the tangibility of some recommendations. The Development Phase concluded on 7 May 2021, at which point all Subject Matter Experts had presented their full draft roadmaps for final review and commentary.

During the Development Phase, Defence Team Representatives began disseminating the broad themes and recommendations resulting from the Needs Assessment. The briefing process was multi-staged, with audiences including senior governance (Heyder-Beattie Steering Committee), CMP leadership as the Canadian Armed Forces responsible agent for Schedule O, and pan-departmental subcommittees (i.e. Defence Team Representative and Inclusive Subcommittee).^{Footnote 17}

Phase Three

The Finalization Phase consisted of three meetings. The first included Subject Matter Experts’ final presentations to the Consultation Group. Collectively, the Consultation Group also provided comment on this Final Summary Report for submission. To conclude this Phase, the Consultation Group presented the recommendations and Final Summary Report to Commander Military Personnel (CMP) as the responsible agent for Schedule O, in addition to key stakeholders that may be involved in the response to, and subsequently, implementation of, the proposed recommendations.

Phase Four

While not committed to in the Final Settlement Agreement, the Consultation Group proposes that a Phase Four be initiated and developed by Executive Director, Director Litigation Oversight that provides a Canadian Armed Forces response and implementation plan for these recommendations. The work of Schedule O should not conclude with the presentation of recommendations; rather, an assessment, including costing of the recommendations, is proposed.

Operating climate

COVID-19

The Consultations for Gender Representation and Diversity were originally intended to be held in-person. Due to COVID-19, the consultations were held on a virtual platform (Zoom). While in-person discussions may have supported improved personal connection and more fluid dialogue, the Consultation Group adapted to the online platform. Overall, the quality of the consultations was not inhibited from the online discussion format. In addition, this format enabled the Consultation Group to meet more frequently (though for shorter windows of time), supporting a continuation of discussion and regular communication that may not have been as frequent with in-person meetings.

Defence Team culture

In February 2021, allegations surrounding multiple senior Canadian Armed Forces members began circulating in the media. The stories that were shared by survivors and accounts of abuse of power and misconduct resonated with many Consultation Group members. The Consultation Group acknowledged and addressed the challenges these accounts had on members and on the work of the Group writ large. The development of recommendations continued, motivated by the opportunity to present solutions that can begin to address the challenges identified during recent testimonies to Parliament and investigations led by both the Standing Committees on National Defence, and the Status of Women.

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