Annex B to FRAG O 001 to CDS OPORD – Operation HONOUR

18 March 2016

Refs:

1. CDS Directive for MND/CDS Critical Information Requirements 14 Dec 2015 (Posted on CSNI Strategic Command View)
2. DAOD 2008-3
3. DAOD 5019-5
4. Privacy Act

CAF Reporting of HISB Occurrences

Situation

1. There is neither consistent nor all-encompassing reporting of HISB in the CAF. The Significant Incident Report (SIR) process, while valid for serious incidents, is both underutilized and inconsistent in terms of the details reported. Furthermore, the SIR or CCIR processes in accordance with refs A and B may not be appropriate in all cases for reporting complaints being tracked at the unit level for which an Unit Disciplinary Investigation or a Harassment Investigation is ongoing.

Desired Outcome

2. The CAF will report all instances of HISB or inappropriate conduct of CAF members related to OP HONOUR to the CDS.

Mechanism of Reporting

3. Immediate Reporting. A SIR shall be initiated and forwarded through the applicable L1 to the CDS as soon as practicable as outlined in refs A and B with info to CSRT-SM for the following HISB occurrences of grievous nature:
   1. Any alleged or confirmed acts of sexual misconduct or other breaches of the CDS orders in OP HONOUR made by Formation Commanders, Commanding Officers, and their Chief Petty Officers 1st Class/Chief Warrant Officers;
   2. Any alleged or confirmed acts of sexual misconduct in which a CAF member has been placed under custody or charges have been laid;
   3. Any alleged or confirmed acts of sexual misconduct to which there is potential for the nature of the situation to develop significant media interest and/or could cause discredit to the CAF; and
   4. Issues related to OP HONOUR that prevent Commanders from achieving their mission.
4. The SIR reporting method to be used is in accordance with DAOD 2008-3 (ref B). This SIR format is recreated as Appendix A with additional amplifying fields required for the purpose of OP HONOUR HISB reporting.
5. Monthly Reporting. For all other instances of HISB which do not specifically fall into these former categories, they shall be reported on a monthly basis by L1s to CDS thru CSRT-SM. A pro forma will be provided electronically to L1s from the CSRT-SM with further instructions upon final legal review to ensure privacy of information is maintained. Monthly HISB Reporting shall be submitted by each L1 to CSRT-SM NLT 15 days after the end of the month in which the information was collected, commencing in Apr 16 with the first report due to CSRT-SM NLT 15 May 16. Consolidated reports shall be sent encrypted to the CSRT-SM Positional Mailbox +CSRT-SM@VCDS@Ottawa-Hull with subject line “Monthly HISB Occurrence Report.”

Privacy of Information

6. Protecting Information. It is important that in OP HONOUR reporting, the privacy of information is PROTECTED. Any information that could reveal the identity of the victim or the alleged offender shall be PROTECTED IAW ref D, and not reported through either SIRs or Monthly reporting.
7. Personal Information. Collection and reporting of personal information shall be limited. Personal information is defined in section 3 of the Privacy Act and includes, but is not limited to, information relating to the race, national or ethnic origin, colour, religion, age, marital status, medical, criminal or employment history, home address or blood type of an individual. Personal information does not include the name of a person, position title or rank, business address or business telephone number.
8. The following information shall not be included in SIRs or monthly OP HONOUR reports:
   1. any personal information in respect of a person under the age of 18 years;
   2. a personal address; or
   3. any personal information concerning a suspect or an accused person if a criminal or service offence may have occurred.
9. Subsection 110(1) of the Youth Criminal Justice Act prohibits the publication of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under that Act. The Youth Criminal Justice Act defines a young person as “a person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old and, if the context requires, includes any person who is charged under this Act with having committed an offence while he or she was a young person or who is found guilty of an offence under this Act.”