Victims’ Rights Complaint Review Mechanism
Note: For legal definitions, please refer to the National Defence Act
Making a Complaint Under the Declaration of Victims Rights
The Declaration of Victims Rights (DVR) provides statutory rights for victims to information, protection, participation, and to seek restitution. It also provides victims with 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 Make a Complaint Under the DVR
In order to be able to file a complaint under this mechanism, you have to be a victim in the context of a service offence within the military justice system.
The National Defence Act (NDA) defines a victim, under the DVR, as follows:
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, for the purposes of Division 1.1 of Part III and sections 202.201, 203.6 and 203.7, 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. (victime)
What is a Service Offence?
An offence under the NDA, the Criminal Code or any other Act of Parliament, committed by a person while subject to the Code of Service Discipline.
What is meant by the Military Justice System?
It means, for purposes of Division 1.1 of Part III of the NDA:
- 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 Submit a Complaint
You may download and complete the Victim Complaint Form or write down the details of your complaint and then submit to the Director External Review using one of the following methods:
- by email at: DERVictimsRights-DREDroitsdesVictimes@forces.gc.ca
- by mail to the following address:
Director External Review
Declaration of Victims Rights
101 Colonel By Drive
Ottawa ON K1A 0K2
To allow us to fully address your complaint:
- describe the right you feel was infringed or denied;
- identify the military authority responsible for the infringement or denial; and
- provide any other relevant details that might assist us in responding to your complaint.
What to Expect
The Director External Review takes all complaints very seriously and will respond directly to your complaint. You can expect an acknowledgment of receipt from us promptly, and a more fulsome response as soon as the circumstances permit. If we need any additional information from you in order to review your complaint, we will contact you as soon as possible. If we are unable to respond to your complaint in a reasonable amount of time, we will advise you in writing.
Detailed steps of the complaints process under the DVR
Step 1: Complaint submitted and received. Confirmation of receipt is sent to complainant.
Step 2: Complaint assessed under the terms of the DVR. Complaints meet criteria if they fall within the terms of the DVR as defined above. If information is missing, the victim will be contacted.
- Meets Criteria – Founded: Victim’s rights were found to have been denied.
- Meets Criteria – Partly Founded: Some, but not all, issues identified in the complaint were found to deny a victim’s rights.
- Meets Criteria – Unfounded: The decision followed policy and legislation.
- Does not Meet Criteria: The complaint is inadmissible.
Step 3: Written response
- Meets Criteria – Founded: A written response is sent, explaining the founded results of the complaint, recommendations made if any, and any relevant referrals to other organizations or services.
- Meets Criteria – Partly Founded: A written response is sent, explaining the partly founded results of the complaint, recommendations made if any, and any relevant referrals.
- Meets Criteria – Unfounded: A written response is sent, explaining the results of the complaint and any relevant referrals.
- Does not Meet Criteria: A written response is sent, explaining why the complaint is inadmissible and providing related referrals, if any.
Step 4: Follow-up
- Satisfied – Complaint process completed and file is closed.
- Not Satisfied – If the victim is of the opinion that the result or the recommendations made do not address the complaint, the victim may file a request in writing for a second review with the Director of External Review. Victims have 30 days from the moment they receive a response from the Director External Review to request a second review. Requests for second review are made using the same mechanism as the initial complaint. The second review will be completed by a different review authority. Steps 2 and 3 will be repeated.
- Complaint mechanism is completed and file is closed.
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