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
Access to legal assistance
We provide legal assistance to eligible individuals who have experienced an incident of sexual misconduct in a DND/CAF context . Our legal team consists of trauma-informed DND public service employees with experience supporting people affected by sexual misconduct. We provide independent legal assistance protected by solicitor-client privilege which means communications between lawyers and clients remain confidential. The ILA service offerings include:
- Legal information: General information about the law, reporting options, investigations, rights, and both criminal and military justice systems.
- Legal advice: Personalized advice on criminal and military justice systems, and how laws apply to the individual’s circumstances. We do not provide legal advice related to any legal action or complaint against the Government of Canada such as human rights complaints, lawsuits, grievances, etc. However, if you are unsure about whether your legal questions are covered by our program, please contact us for further information.
- Legal representation: An ILA lawyer may represent a client in three possible scenarios:
- In a criminal sexual offence trial or service offence trial, in pre-trial applications related to the use of the client’s sexual conduct or to the use of the client’s private records as evidence.
- In legal proceedings related to obtaining a restraining order in Criminal Court to ensure the client’s safety.
- In matters related to the client’s participation in criminal justice processes (military or civilian), such as facilitating conversations with the Crown, preparing a victim impact statement on sentencing or applying for testimonial aids. These are decided on a case-by-case basis.
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.