Getting Redress Right: An investigation into the inequities CAF members face when they have limited or no grievance rights

June 18, 2024 - Defence Stories

Getting Redress Right: An investigation into the inequities Canadian Armed Forces (CAF) members face when they have limited or no grievance rights is the second of two reports following the Ombudsman’s systemic review of CAF military complaint mechanisms. It is also his final report before his mandate ends on 2 July.

The Ombudsman's investigation focused on the CAF’s limited authority to resolve military members’ grievances related to compensation and benefits since these directives and instructions are under Treasury Board authority.

The report found that the military grievance process is ineffective in resolving compensation and benefits issues. The CAF lacks the authority to provide redress in many cases and they are not able to effectively track and analyse trends. Tracking this data would provide better quality evidence when recommending policy changes to the Treasury Board. As well, the roles, responsibilities, and authorities of CAF representatives participating at National Joint Council committees and those of CAF grievance authorities are unclear.

The most significant inequity the Ombudsman found is that, unlike their civilian colleagues, CAF members cannot access a grievance process to determine if the CAF treated them within the intent or “spirit” of the directive. The result is a disparity in benefits and longer resolution time when compared to civilians. This has a negative effect on morale and trust in the CAF as an institution.

The Ombudsman made seven recommendations in the report:

1. By fall 2024, the CAF formalize a method to inform members during the grievance submission of any limits in the military grievance process, including recourse options for non-grievable matters.
2. By spring 2025, the Minister of National Defence engage with the appropriate authorities to seek the authority for decision makers within the CAF grievance process to interpret policies the way that National Joint Council grievances are adjudicated, including the flexibility to reach decisions that meet the intent of the policy.
3. By spring 2025, the CAF develop a formal method to identify and address issues related to compensation and benefits policies. 
4. By fall 2024, the CAF ensure information on the military grievance process, including CAF members’ rights and limits, is accessible to all members, leadership, and CAF authorities on all platforms (Intranet, Internet, CAF App).
5. By spring 2025, the CAF, in consultation with the Treasury Board and National Joint Council, ensure CAF leadership with compensation and benefits authorities and grievance authorities have a better understanding of their roles, responsibilities and authorities.
6. By spring 2025, the CAF establish a communications plan to ensure transparency and educate CAF members on the Treasury Board and National Joint Council policies and decisions; and
7. By spring 2025, the CAF develop an internal process to communicate key issues impacting CAF members to the Treasury Board and the National Joint Council.

If implemented, these recommendations will bring lasting improvements to resolve compensation and benefits issues. The Ombudsman is encouraged by the ongoing CAF Grievance Process Transformation. He supports this initiative and will continue monitoring progress.

The Ombudsman’s website has educational information to help CAF members and their families make informed decisions when using CAF complaint mechanisms.

Learn more by following the DND/CAF Ombudsman on Facebook, Instagram and X (formerly Twitter) or by visiting ombuds.ca.