Legal services
As part of the Independent Legal Assistance (ILA) Program, we provide confidential legal assistance through an independent legal team and reimbursements for eligible legal expenses.
Current and former CAF members who have been accused of sexual misconduct may be eligible to obtain assistance, at no cost, from Defence Counsel Services. The duty counsel line is available anytime at 1-888-715-9636. In addition, people may qualify for provincial/territorial legal aid programs or may retain a civilian lawyer of their choice, at their own cost.
Eligibility
Individuals who have experienced a sexual misconduct incident(s) that occurred within a Department of National Defence (DND)/Canadian Armed Forces (CAF) context.
We acknowledge that every incident has its particular circumstances. Please connect with us if you are unsure whether your situation is eligible for reimbursement or for accessing the ILA Program Legal Team.
You are not required to:
- report the incident(s) to the chain of command or police
- participate in any investigative, administrative, or disciplinary process
Direct access to a legal team
Eligible individuals can access legal assistance directly through the ILA Program Legal Team. The legal team consists of DND public service employees who have experience in working with those who have been affected by sexual misconduct. They provide confidential and independent assistance, at no cost to individuals who have experienced sexual misconduct within a DND/CAF context, which includes:
- Legal information or legal advice pertaining to an incident(s) of sexual misconduct that has occurred within a DND/CAF context.
- Legal representation
- Proceedings where victims have the right to legal representation in a criminal sexual offence or service offence trial, namely related to:
- the admissibility of evidence concerning prior sexual activity of a victim
- the production and use of a victim’s private records or records in the accused’s possession that relate to the victim
- Proceedings relating to the victim’s safety or participation in criminal justice processes in both military and criminal justice systems (e.g., obtaining a restraining order; preparing a victim impact statement, supporting testimonial aid applications; etc.), to be determined on a case-by-case basis.
- Proceedings where victims have the right to legal representation in a criminal sexual offence or service offence trial, namely related to:
Reimbursement of legal expenses
If you sought independent legal assistance through an external lawyer licensed to practice law in a Canadian province or territory, you may be eligible for reimbursement. Your legal expenses must have been incurred on or after April 1, 2019.
What you will need before you apply for a reimbursement
You will have to submit the following documents:
- Reimbursement application form, including an attestation that the legal services pertained to sexual misconduct within a DND/CAF context and related to the military or criminal justice systems
- Invoice from a lawyer
- Proof of payment of legal invoice:
- please ensure hours and rate per hour are included
- include billing for all hours of legal information/advice, even if your total hours are more than four
- Banking information
Contact us
You can call the SMSRC via the 24/7 Support Line at 1-844-750-1648 or by email Monday to Friday 7 a.m. to 5 p.m. Eastern Time at DND.SMSRC-CSRIS.MDN@forces.gc.ca.
An SMSRC staff member can explain the legal services available to you, confirm if you are eligible and then refer you to the legal team. They can also guide you on how to apply for reimbursement. They may offer other forms of ongoing support and assistance, as needed.
The SMSRC protects all information in accordance with the Privacy Act.
Fill out the form to provide your feedback or to file a complaint.