DM/CDS Message: Charting a new course for misconduct reporting
August 30, 2023 – Defence Stories
Today, Minister Bill Blair will announce that we are initiating a process to repeal the Duty to Report specified in the Queen’s Regulations and Orders (QR&O) and taking steps to strengthen policies, orders, and directives to ensure appropriate reporting. We are writing to you today to provide some context for this important decision and to explain what it means for the Defence Team, in particular CAF members.
What is the Duty to Report?
The Duty to Report regulations were created in 1939. They were intended to prescribe a general standard of expected behaviour for all CAF members and to serve as a tool for upholding discipline, efficiency, and morale.
In accordance with QR&O 4.02, General Responsibilities of Officers, and QR&O article 5.01, General Responsibilities of Non-Commissioned Members, all CAF members have a Duty to Report to the proper authority any infringement of the pertinent statutes, regulations, rules, orders, and instructions governing the conduct of any person subject to the Code of Service Discipline.
Why are the Duty to Report regulations being repealed?
During the past several years, many external reviews, stakeholders, and survivors have expressed concerns about negative consequences resulting from the Duty to Report for people affected by offences of an interpersonal nature, such as sexual misconduct. A significant consequence has been the denial of survivors’ ownership or control of the reporting process, as well as any subsequent actions taken. The Independent External Comprehensive Review (IECR), which made 48 recommendations on how to prevent and eradicate harassment and sexual misconduct in the CAF and DND, examined issues around the Duty to Report as well. In its final report, the IECR recommended that we amend the QR&O to exempt sexual misconduct and that we should consider abolishing the Duty to Report for breaches of the Code of Service Discipline.
What does this change in regulations mean for CAF members?
We are all working hard to build a more inclusive and respectful workplace, free from harassment, discrimination, sexual misconduct, and violence. In support of this work, we must ensure that we are fostering a culture where people affected by misconduct feel safe, supported, and able to report incidents when they are ready to do so and in a manner of their choosing.
It is paramount that all members understand that the repeal of Duty to Report regulations will not limit members’ ability to report incidents of misconduct. The primary intention of this change is to remove the obligation to report on another’s behalf, thereby giving members space to choose the best path forward with due consideration for the well-being of those impacted by misconduct.
How will we continue to ensure good order and discipline in the CAF without the Duty to Report regulations?
Removing Duty to Report will not have an adverse effect on good order and discipline within the CAF. There remain many tools designed to promote good order and discipline and to ensure that CAF members make decisions that are consistent with the high ethical standards we expect of them. These tools include the CAF Ethos: Trusted to Serve, the Code of Values and Ethics, and the Code of Service Discipline. In addition, as the repeal unfolds, DND/CAF will examine whether policy instruments should prescribe specific circumstances where reporting should be mandatory.
We are looking at the repeal of the regulations on the Duty to Report with a holistic perspective, through the entire range of misconduct, not simply one aspect of it (e.g., hateful conduct and the trauma experienced by members of the Defence Team who are impacted by systemic racial injustices). This will involve a complete examination of the issue, which will include engaging a variety of stakeholders.
We are considering the entire landscape and conducting a thorough analysis with the goal of delivering comprehensive solutions. Providing comprehensive solutions continues to be our approach and intent across all culture change activities.
When will the repeal be in effect?
We expect that regulatory amendments could be in force during Winter 2023-24; however, we will provide updates on the timing of amendments as the process unfolds.
How does repealing the Duty to Report regulations contribute to Defence Team culture evolution efforts?
Repealing the Duty to Report regulations will help us move away from a one-size-fits-all approach to misconduct reporting that has proven neither effective nor necessary.
An effective complaint system ensures that affected persons are treated with empathy and are provided with the support they need. Our goal is to take a more focused and evidence-informed approach to the reporting of misconduct—one that ensures consistency and focuses on outcomes.
Culture change requires a willingness to break down old systems and build new ones. We cannot rigidly hold on to regulations and practices that do not align with our desired culture and stated values. We must continue to evolve our systems to meet the challenges of today’s world and the needs of our people. Today, we are proud to be taking an important and positive step towards enduring change that will help us rebuild the trust of our members and Canadians.
Bill Matthews
Deputy Minister
General Wayne Eyre
Chief of the Defence Staff