Complaints under the Declaration of Victims Rights

The Declaration of Victims Rights (DVR), contained in the National Defence Act, provides statutory rights for victims to information, protection, participation, and to seek restitution. It also provides victims a way to have a complaint heard if in their opinion their rights have been infringed or denied by an authority in the military justice system.

Who can file a complaint

To file a complaint under the DVR, you must be a victim of a service offence, as defined in the National Defence Act, having your case tried through the military justice system.

Under the Declaration on the Victims Rights:

• Victim means a person against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of the offence and includes a person who has suffered physical or emotional harm, property damage or economic loss as a result of the commission of a service offence against any person.
• Service offences are an offence under the National Defence Act, the Criminal Code or any other Act of Parliament, committed by a person while subject to the Code of Service Discipline.
• The military justice system includes:
  • the investigation of service offences, the processes for the laying and referral of charges of service offences and their prosecution;
  • the process for the carrying out of punishments in relation to service offences, except in respect of any service prisoners and service convicts who have been committed to a penitentiary or civil prison; and
  • the proceedings of a court martial or a Review Board, as defined in section 197, in respect of an accused person who is found unfit to stand trial or not responsible on account of mental disorder.

How to file a complaint

Complete the Victim Complaint Form

Ensure to include the following details:

• the right (information, protection, participation, or seek restitution) you feel was infringed or denied
• the military authority responsible for the infringement or denial
• any other relevant detail that might support your complaint

Submit your completed Victim Complaint Form to the Director of External Review (DER).

Email: DERVictimsRights-DREDroitsdesVictimes@forces.gc.ca

Mail: Director External Review
Declaration of Victims Rights
101 Colonel By Drive
Ottawa ON K1A 0K2

What to expect after filing a complaint

The Director External Review takes all complaints very seriously and will respond directly to your complaint.

1. Complaint submitted and received
   You will receive confirmation that your complaint has been received. If DER is unable to respond to your complaint in a reasonable amount of time, you will be advised in writing.
2. Complaint assessed under the terms of the Declaration of Victims Rights
   Your complaint will be assessed against the criteria under the terms of the DVR, as defined above. If there is information missing, DER will contact you.
3. Written response
   You will receive a written response to your complaint, explaining the results of the assessment as well as recommendations or referrals to other organizations or services, if any.
   
   • Complaint is found to meet DVR criteria: Victim’s rights were found to have been denied.
   • Complaint is partly found to meet DVR criteria: Some, but not all, issues identified in the complaint were found to deny a victim’s rights.
   • Complaint is unfounded in meeting DVR criteria: The decision followed policy and legislation.
   • Complaint does not meet criteria: The complaint is inadmissible.
4. Follow-up
   If you are satisfied with the result, your file is closed.
   If you are not satisfied with the result, or the recommendations made do not address the complaint, you may request a second review with the DER. You have 30 days from the moment you receive a response from the DER to request a second review. Requests for second review are made using the same process as the initial complaint. The second review will be completed by a different review authority, and steps 2 and 3 will be repeated.  

Guiding Policy

• Interim Victim’s Liaison Officer Policy