Annex A - Glossary
ABUSE OF SUBORDINATES[1]
Every person who strikes or otherwise ill-treats any person who by reason of rank or appointment is subordinate to them is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
ADVERSE PERSONAL RELATIONSHIPS[2]
If a personal relationship has a negative effect on the security, cohesion, discipline or morale of a unit, the personal relationship is considered adverse for the purpose of CAF policy or chain of command directive.
The CAF respects the right of individuals to form personal relationships IAW DAOD 5019-1 Personal Relationships and Fraternization. However, if a personal relationship, particularly one not declared to the chain of command, involves differences in rank, authority, and power it can call into question the consensual nature of the relationship.[3]
Adverse personal relationships are not to be mistaken for “fraternization.” Fraternization is any relationship between a CAF member and a person from an enemy or belligerent force, or a CAF member and a local inhabitant within a theatre of operations where CAF members are deployed.
BULLYING[4]
Habitual behaviour that seeks to harm or intimidate those who are perceived as vulnerable.
BYSTANDER EFFECT[5]
The term bystander effect refers to the phenomenon in which the greater the number of people present, the less likely people are to help a person in distress.
CISGENDER[6]
Due to the developing understanding of constructs, shifting usage of terms, and contextual use of this term, the following definition, taken from the American Psychological Association. (2015). APA Dictionary of Psychology (2nd ed.), is offered as guidance only.
Cisgender relates to a gender identity that corresponds to the culturally determined gender roles for one’s birth sex (i.e., the biological sex one was born with.) A cisgender man or cisgender woman is thus one whose internal gender identity matches, and presents itself in accordance with, the externally determined cultural expectations of the behaviour and roles considered appropriate for one’s sex as male or female. Also called cisgendered.
CODE OF SERVICE DISCIPLINE[7]
Disciplinary action through the military justice system is carried out in accordance with the Code of Service Discipline (CSD), which is Part Ill of the National Defence Act (NDA). The CSD establishes a number of offences that are uniquely military in nature, for example conduct to the prejudice of good order and discipline, and disgraceful conduct. The CSD also incorporates all offences under the Criminal Code, all other federal statutes and, in certain circumstances, foreign laws.
CONSENT[8]
In the context of sexual misconduct consent is the voluntary and ongoing agreement to engage in sexual activity that is granted without the influence of force, threats, fear, fraud or abuse of authority.
DISCRIMINATORY BEHAVIOUR[9]
Behaviours that are discriminatory in nature. In the context of sexual misconduct this behaviour can be divided into two groups:[10]
- Discrimination on the basis of sex:
- Suggestions that people do not act like a man or woman is supposed to act;
- Someone being insulted, mistreated, ignored, or excluded because of their sex; and
- Comments that people are either not good at a particular job or should be prevented from having a particular job because of their sex.
- Discrimination on the basis of sexual orientation, gender identity, or gender expression:
- Someone being insulted, mistreated, ignored, or excluded because of their sexual orientation or assumed sexual orientation; and
- Someone being insulted, mistreated, ignored, or excluded because they are (or are assumed to be) transgender or because their gender expression does not conform to traditional gender rules and norms.
DIVERSITY[11]
Diversity is any collective mixture characterized by differences and similarities, or all the ways in which we differ. Diversity includes variations within a group such as race, ethnicity, religion, sexual orientation, age or gender amongst others, encompassing differences in natural abilities, personalities and physical characteristics. Managing and valuing diversity is about allowing individuals to make their maximum contribution regardless of any differences. This multiplicity of thoughts, opinions and viewpoints results in a creative and effective team. Finally, diversity is a question of leadership and not a simple matter of embracing a social cause; it means the active inclusion of all CAF members as equitable contributors to mission accomplishment.
EMPLOYMENT EQUITY[12]
Employment Equity is a strategy designed to eliminate discrimination or barriers and open the competition for employment and advancement opportunities to those who might otherwise be excluded. The purpose of the Employment Equity Act is to achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability and, in the fulfillment of that goal, to correct the conditions of disadvantage in employment experienced by women, Aboriginal peoples, persons with disabilities and members of visible minorities by giving effect to the principle that employment equity means more than treating persons in the same way but also requires special measures and the accommodation of differences.
FAMILY VIOLENCE[13]
An abuse of power within a relationship of family, trust or dependency, and includes many forms of abusive, e.g., emotional abuse, psychological abuse, neglect, financial exploitation, destruction of property, injury to pets, physical assault, sexual assault and homicide.
Family violence (also called domestic violence) is a pattern of behaviour used by one person to gain power and control over another with whom they have or have had an intimate relationship. It includes many different forms of physical and emotional abuse, as well as neglect carried out by family members or intimate partners. It may include a single act of violence, or a number of acts that form a pattern of abuse. Family violence can have serious-and sometimes fatal-consequences for victims and for those who see or hear the violence.
Although the Criminal Code does not refer to specific "family violence offences", many Criminal Code offences could be used to charge someone with acts of family violence. For more information on the criminal laws that could be applied, please see family violence Laws.
GBA+[14]
GBA+ is an analytical process used to assess how diverse groups of women, men and non-binary people may experience policies, programs and initiatives. The “plus” in GBA+ acknowledges that GBA goes beyond biological (sex) and socio-cultural (gender) differences. We all have multiple identity factors that intersect to make us who we are; GBA+ also considers many other identity factors, like race, ethnicity, religion, age, and mental or physical disability.
GENDER[15]
Refers to the roles, behaviours, activities, and attributes that a given society may construct or consider appropriate for men and women.
GENDER EXPRESSION[16]
Refers to how a person publicly presents gender. This can include behaviour and outward appearance such as dress, hair, make-up, walk, mannerisms, body language and voice. A person’s chosen name and pronoun are common ways of expressing their gender.
GENDER IDENTITY[17]
Is each person’s internal and individual experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. A person’s gender identity may be the same as or different from their birth-assigned sex. Gender identity is fundamentally different from a person’s sexual orientation.
HAZING[18]
Hazing is any action taken or any situation created intentionally, that causes embarrassment, harassment or ridicule and risks emotional and/or physical harm to members of a group or team, whether new or not, regardless of the person’s willingness to participate.
INTERSEX[19]
Intersex people are born with any of several variations in sex characteristics including chromosomes, gonads, sex hormones, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit the typical definitions for male or female bodies". Such variations may involve genital ambiguity, and combinations of chromosomal genotype and sexual phenotype other than XY-male and XX-female.
LEADERSHIP TEAM[20]
The leadership team is comprised of the CO and their key personal staff. Royal Canadian Navy leadership teams normally consist of the CO, Coxswain and Executive Officer (XO). In Army units, leadership teams typically include the CO and RSM. In the Royal Canadian Air Force, the “leadership team” approach is integral to the Team Performance model applied to air crews and controllers. The relationship between the CO and their leadership team is based on the military ethos, which calls for a strong, cohesive team based on a common understanding of the primacy of operations and the shared beliefs, expectations and core values of military service.
LGBTQ2+[21],[22]
An acronym standing for the categories of lesbian, gay, bisexual, transgender, queer and two-spirit. It may be used to refer to anyone who is non-heterosexual or non-cisgender, instead of exclusively to people who are lesbian, gay, bisexual, or transgender. Those who add intersex people to LGBT groups or combine the two acronyms, use the term LGBTIQ. Others use LGBT+ to encompass a wide spectrum of gender and sexuality.
OSTRACISM[23]
Retaliation in the form of ostracism typically involves exclusion from social acceptance and can include acts like bullying, “unfriending” someone on social media sites, or deliberately not inviting someone to a group activity they normally would have been a part of. It threatens psychological needs (belonging, self-esteem, control, and meaningful existence); and it unleashes a variety of physiological, affective, cognitive, and behavioural responses.
PERSONAL RELATIONSHIPS[24]
The CAF respects the rights of its members to form personal relationships, which it defines as: "An emotional, romantic, sexual or family relationship, including marriage or a common-law partnership or civil union, between two CAF members, or a CAF member and a DND employee or contractor, or member of an allied force."[25]
CAF members must notify their chain of command of any personal relationship which could jeopardize the following CAF policy objectives:
- To prevent the erosion of lawful authority;
- To maintain operational effectiveness;
- To protect vulnerable CAF members and others;
- To maintain general standards of professional and ethical conduct; and
- To avoid detrimental effects on unit operational effectiveness.
If a personal relationship has a negative effect on the security, cohesion, discipline or morale of a unit, the personal relationship is considered adverse for the purpose of CAF policy.
PROHIBITION ON REPRISALS[26]
QR&O 19.15 Prohibition of Reprisals, prohibits any member of the CAF from taking reprisals against a member who has in good faith made an allegation or report of sexual misconduct.
REPRISAL
Reprisal can involve a range of unjustified personnel actions, such as interfering with promotion, unreasonably downgrading someone’s evaluation, or unfairly denying an award or an assignment.
Reprisal can also be subtle, and take the form of things like belittling of ideas, being less friendly, selective exclusion from projects, not overlooking minor mistakes that would otherwise be overlooked, or micromanaging.
RESPONDENT
A CAF member who is the subject of the complaint is deemed to be the respondent. It is important to remember that the respondent has a right to due process and procedural fairness, and an accused member is presumed innocent until proven guilty with the right to a fair trial as guaranteed by the Canadian Charter of Rights and Freedoms.
RETALIATION
Retaliation is an umbrella term encompassing illegal, impermissible, or hostile actions taken as a result of making or being suspected of making a report or a complaint, either formally or informally, of a criminal offense.
SAFETY PLAN
A personalized and proactive tool used to reduce the risk of further harm.
SEX[27]
Refers to the biological and physiological characteristics that define men, women and intersex persons. A person’s sex is most often designated by a medical assessment at the moment of birth. This is also referred to as birth-assigned sex.
SEXUAL ASSAULT[28]
In accordance with the Criminal Code, is an assault committed in circumstances of a sexual nature such that the sexual integrity of the complainant/victim is violated. In simple terms, sexual assault is unwanted physical contact of a sexual nature, which includes unwanted sexual touching and sexual activity where the victim was unable to consent.
SEXUAL HARASSMENT[29]
Is harassment (as defined in DAOD 5012-0 Harassment Prevention and Resolution) that is sexual in nature; sexual harassment may take many forms including overt sexualized behaviour as well as discrimination based on sex, sexual orientation, and gender expression and identity.
SEXUAL MISCONDUCT
The term sexual misconduct is defined in the Defence Terminology Bank (DTB) as conduct of a sexual nature that can cause or causes harm to others. Sexual misconduct, includes:
- Actions or words that devalue a person or group of persons on the basis of their sex, sexuality, sexual orientation, gender identity or expression;
- Jokes of a sexual nature, sexual remarks, advances of a sexual nature or verbal abuse of a sexual nature in the workplace;
- Harassment (DAOD 5012-0) of a sexual nature, including initiation rites of a sexual nature;
- Viewing, accessing, distributing or displaying sexually explicit material in the workplace; and
- Any Criminal Code offence of a sexual nature such as:[30]
- Surreptitiously observing or recording a person in a place where the person could expose his or her genital organs or anal region or her breasts or could be engaged in explicit sexual activity, or distributing such a recording (voyeurism: section 162 of the Criminal Code);
- Publishing, distributing, transmitting, selling or making available an intimate image of another person - i.e., a visual recording in which the person depicted is nude, exposing genital organs, anal region or breasts, or engaged in explicit sexual activity - without their consent (publication of an intimate image without consent: section 162.1 of the Criminal Code);
- Engaging in any kind of sexual activity with another person without their consent (sexual assault: section 271 of the Criminal Code);
- Engaging in any kind of sexual activity with another person who is incapable of consenting, for example due to intoxication (sexual assault: section 271 of the Criminal Code); and
- Engaging in any kind of sexual activity with another person by inducing that person to agree to the sexual activity through abuse of a position of trust, power or authority by virtue of rank or position (sexual assault: section 271 of the Criminal Code).
Sexual misconduct can be addressed through the application of administrative measures, through the military justice system by charging an individual with a service offence, or, in the case of behaviour that is also captured in the Criminal Code, through the civilian criminal justice system.
SEXUAL ORIENTATION[31]
Due to the developing understanding of constructs, shifting usage of terms, and contextual use of this term, the following definition, taken from the American Psychological Association. (2015). APA dictionary of psychology (2nd ed.), is offered as guidance only.
Sexual orientation refers to the sex or gender of those to whom one is sexually and romantically attracted. Categories of sexual orientation typically have included attraction to members of one's own sex or gender (gay men or lesbians), attraction to members of the other sex or gender (heterosexuals), and attraction to members of both male and female sexes or genders (bisexuals). Some people identify as pansexual or queer in terms of their sexual orientation, which means they define their sexual orientation outside of the gender binary of ‘male’ and ‘female’ only.
TRANSGENDER[32]
Is a broad term referring to people with diverse gender identities and expressions that differ from their sex-assigned at birth.
TWO-SPIRIT[33]
Some indigenous people choose to identify as Two Spirit rather than, or in addition to, identifying as lesbian, gay, bisexual, trans* or queer. Prior to European arrival, Two Spirit people were respected members of their communities and were often accorded special status based on their unique abilities to understand the perspectives of both men and woman. These identities were recognized and celebrated from a young age as gifts from the Creator; Two Spirit people were often the visionaries, healers and medicine people. The term Two Spirit affirms the interrelatedness of all aspects of identity — including gender, sexuality, community, culture, and spirituality. It is an English term used to stand in for the many indigenous words for those with sexual and gender diverse identities.
VICARIOUS TRAUMA[34]
Vicarious trauma can be thought of as the negative changes that happen to someone over time as they witness and deal empathically with victims that they are supporting.
VICTIM-CENTERED APPROACH
A deliberate focus on the needs and concerns of a victim to ensure they receive compassionate and sensitive delivery of services in a non-judgmental manner.
WORKPLACE[35]
The physical work location and the greater work environment where work-related functions and other activities take place and work relationships exist. In the CAF context, the workplace can include places such as messes, on-base clubs, quarters, dining halls, gyms, and sanctioned events such as holiday gatherings and course parties as well as office spaces, classrooms, garrisons, ships, hangars, vehicles, aircraft, online forums, etc. CAF members do not simply work for the CAF, but work, socialize and often live within institutional and social structures established by the military.
[1] National Defence Act (R.S.C., 1985, c. N-5), Section 95
[2] DAOD 5019-1 Personal Relationships and Fraternization at 5.1 and 5.2
[3] DAOD 9005-1 Sexual Misconduct Response (to be promulgated)
[4]https://en.oxforddictionaries.com/definition/bully
[5] The term bystander effect was coined in 1969 by John Darley and Bibb Latane to refer to the effect of certain social pressures on emergency responses in people.
[6]American Psychological Association. (2015). APA dictionary of psychology (2nd ed.). Washington, DC.
[7] The Code of Service Discipline and Me, A Guide to the Military Justice System for Canadian Forces
Members.
[8] DAOD 9005-1 Sexual Misconduct Response (to be promulgated)
[9] Canadian Human Rights Act, Part I
[10] Statistics Canada Survey, Sexual Misconduct in the Canadian Armed Forces (85-603-X) released November 28, 2016
[11] “Employment Equity – What is diversity?” National Defence, 18 Sep 2017, http://cmp-cpm.mil.ca/en/support/employment-equity/employment-equity-index.page
[12] “Employment Equity – What is diversity?” National Defence, 18 Sep 2017, http://cmp-cpm.mil.ca/en/support/employment-equity/employment-equity-index.page
[13] DAOD 5044-4 Family Violence, https://www.canada.ca/en/department-national-defence/corporate/policies-standards/defence-administrative-orders-directives/5000-series/5044/5044-4-family-violence.html
[14] “What is GBA+?” Status of Women Canada, 4 Dec 2018, http://www.swc-cfc.gc.ca/gba-acs/index-en.html
[15]http://cmp-cpm.mil.ca/assets/CMP_Intranet/docs/en/policies/cfmilpers-01-19-transgender-guidance.pdf
[16] Ibid
[17] Ibid
[18] “WHAT HAZING LOOKS LIKE” HazingPrevention.Org, 15 Sep 2017, http://hazingprevention.org/home/hazing/facts-what-hazing-looks-like/
[19] Money, John; Ehrhardt, Anke A. (1972). Man & Woman Boy & Girl. Differentiation and dimorphism of gender identity from conception to maturity. USA: The Johns Hopkins University Press. ISBN 0-8018-1405-7.
[20] CHIEF OF THE DEFENCE STAFF GUIDANCE TO COMMANDING OFFICERS AND THEIR LEADERSHIP TEAMS, June 2017.
[21]https://www.canada.ca/en/privy-council/campaigns/free-to-be-me/about-us/about-lgbtq2-secretariat.html
[22] Some use the much shorter style LGBT+ to mean "LGBT and related communities". The initialism LGBTTQQIAAP (lesbian, gay, bisexual, transgender, transsexual, queer, questioning, intersex, asexual, ally, pansexual) has also resulted, although such initialisms are sometimes criticized for being confusing and leaving some people out, as well as issues of placement of the letters within the new title. There is also the acronym QUILTBAG (queer and questioning, intersex, lesbian, transgender and two-spirit, bisexual, asexual and ally, and gay and genderqueer.
[23] Williams, K. D., & Nida, S. A. 2011. Ostracism. Current Directions in Psychological Science, 20: 71-75.
[24] DAOD 5019-1 Personal Relationships and Fraternization, 3.3, https://www.canada.ca/en/department-national-defence/corporate/policies-standards/defence-administrative-orders-directives/5000-series/5019/5019-1-personal-relationships-and-fraternization.html
[25] Ibid, 2. Definitions
[26] QR&O 19.15 - Prohibition of Reprisals.
[27]http://cmp-cpm.mil.ca/assets/CMP_Intranet/docs/en/policies/cfmilpers-01-19-transgender-guidance.pdf
[28] DAOD 9005-1 Sexual Misconduct Response (to be promulgated)
[29] DAOD 9005-1 Sexual Misconduct Response (to be promulgated)
[30]Criminal Code, https://laws-lois.justice.gc.ca/eng/acts/c-46/
[31] American Psychological Association. (2015). APA dictionary of psychology (2nd ed.). Washington, DC.
[32] http://cmp-cpm.mil.ca/assets/CMP_Intranet/docs/en/policies/cfmilpers-01-19-transgender-guidance.pdf
[33] “Two Spirits, One Voice” Egale, Canada Human Rights Trust. Retrieved from https://egale.ca/portfolio/two-spirits-one-voice/on 18 Sep 2017
[34] Signs and symptoms of vicarious traumatization (Saakvitne et al., 2000) Lutherville, MD: Sidran Press
[35] DAOD 9005-1 Sexual Misconduct Response (to be promulgated)
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