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:

  1. the investigation of service offences, the processes for the laying and referral of charges of service offences and their prosecution;
  2. 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
  3. 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:

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

To allow us to fully address 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.

Step 3: Written response

Step 4: Follow-up

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