Reintegration framework: Address

Actions

• Take immediate administrative actions if appropriate such as:
  • Respondent continuing or adjusting duties, or removal from command.
  • Relief from the performance of military duty, relief from supervisory, instructional or key positions.
  • Administrative actions, separating the member from their unit, temporarily modifying work locations, repatriation.
  • Taking other actions to ensure unit well-being.
• Ensure actions that affect the service, employment or working conditions of any party foster a reprisal free workplace (QR&O 19.15 – Prohibition of Reprisals).
• Confirm respondent is aware of relevant QR&Os, DAODs, Director of Military Prosecutions (DMP) policies, and of potential for administrative or disciplinary actions.
• Provide respondent Defence Counsel contact
• Engage representative from the Judge Advocate General (JAG), Canadian Forces Provost Marshal (CFPM), and Chief Military Personnel (CMP) as required for advice on basis and approach for an investigation
• Advise next level of the Chain of Command on the alleged conduct deficiency and the intended approach, including choice of investigation, if applicable
• Explore activities that a respondent could be engaged in for rehabilitation goals, leveraging restorative options.
• In cases where sexual misconduct is involved, engage the Sexual Misconduct Support and Resource Centre (SMSRC)

Communications

• Provide ongoing communication and transparency with the respondent and affected persons. Subject to legal limitations, provide respondents and affected persons with options to receive one of the following forms of communication updates: No updates, updates throughout the process, or updates at key points of the process. Provide the respondent and affected persons with the opportunity to change their option preference. Maintain regular two-way lines of communications throughout the reintegration process
• If respondent is to be removed from their duties, prepare and communicate to the respondent and team a detailed plan as to whether, when and how these responsibilities are to be reintroduced
• Ensure Public Affairs has the information needed for internal and external communications, as required
• Be mindful of, and attentive to interest from external stakeholders

Considerations

• Impartiality ensures integrity of investigation.
• Be mindful of impact of actions and decisions on others, both directly and indirectly
• Consider QR&Os, that prescribe circumstances where legal advice must be sought prior to exercising authority within the military justice system.
• Be aware that allegations of sexual misconduct or allegations involving senior officers are reviewed by the CFNIS. They may conduct their investigations on a confidential basis to maintain the investigation’s integrity. Investigators, with the support of DMP and in consultation with their civilian counterparts, may transfer charges to the civilian criminal system. Consult with legal advisor and DAOD 9005-1, Sexual Misconduct Response, as required.
• To address a potential conduct deficiency, consider restorative approaches founded on inclusivity, accountability, collaboration and responsiveness.
• When any member of the Canadian Armed Forces (CAF) is appointed to a position of leadership, it is because they have earned the trust of the institution to conduct themselves ethically in all matters before them. If they fail in this expectation they risk losing that trust and hence the moral authority to exercise the authorities granted to them by virtue of that appointment. When the moral authority to lead comes into question there are established administrative processes that may lead to temporary or permanent removal from such leadership positions as well as other consequences that could include dismissal from the CAF.
• In making any determination, consider the Chief of Defence Staff (CDS) Guidelines on Removal from Command and the DAOD 5019 series for more detail.
• Chief, Professional Conduct and Culture (CPCC) is the principal advisor to the CDS and Deputy Minister on all matters related to professional conduct and culture in the Defence Team, excluding those that fall within Review Services responsibility or under another review mechanism
• Depending on the nature of the incident, the position/ranks of the implicated individuals, and the public visibility, the Minister’s Office will be informed by the VCDS as the appropriate authority.

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