What We Heard Report: Independent Legal Assistance (ILA) Program Model
Introduction
In October and November 2023, the SMSRC held consultations with people affected by sexual misconduct from the wider Defence Community, with the goal of informing the development of the long-term ILA Program model.
Virtual group consultation sessions were held, drawing a diverse group of participants from across Canada and the wider Defence Community. This included current and former CAF members, DND employees, supporters, and service providers.
Consultation questions were developed by the SMSRC’s Partnerships and ILA Program teams, and reviewed by advisors specializing in research, communications, trauma-informed approaches and Gender-based Analysis Plus.
Participants provided insights into the challenges of obtaining, retaining, and interacting with legal services, and guidance on how the SMSRC can design the ILA Program to meet the needs of the community. Below are the key themes highlighted throughout the consultation sessions.
What we heard
Outreach and awareness
Participants discussed the need for outreach strategies designed to raise awareness about the ILA program. They suggested that outreach strategies should be tailored to groups facing significant barriers to access, especially junior ranking members and employees, as well as cadets and reservists.
They discussed that some people within the Defence community have an understanding of the justice system, their rights, and available legal services, while many others do not. The ILA Program should focus on ensuring as many people as possible are aware of its support services.
Consulting with external expertise
Participants highlighted the importance of consulting with a wide range of people, partners, and organizations (both military and civilian) that have experience handling similar cases to ensure that the ILA Program model is comprehensive and responsive to the community's diverse needs.
Accessing legal assistance
Participants emphasized the importance of providing options for accessing legal assistance, including the choice between internal and civilian providers. They also discussed that people should have access to these legal supports no matter where they are in Canada, including rural and remote areas. Providing options for legal assistance can support a sense of agency, autonomy and empowerment.
Considerations when selecting a lawyer
Participants expressed that finding and selecting a lawyer is a personal choice and may be affected by individual circumstances, needs, and preferences. It is important for clients to be aware of the resources available to them, to find, hire and retain a lawyer who can best meet their needs. They discussed that legal professionals should have a strong understanding of military processes and culture; legislation related to sexual misconduct; and be knowledgeable of legal systems and nuances across regions, provinces and territories.
Safety and support considerations
Participants discussed the importance of ensuring that a trauma-informed approach is applied at every stage of their interactions with the legal system. This would help ensure that legal professionals and related supports have trauma-informed training, are client-centered, and treat individuals accessing their services with kindness and respect. Providers should be able to set clear, reasonable expectations, and explain complex issues and legal terminology in plain language. It is important that legal professionals listen to clients, provide them with well-informed choices, and allow them to make their own decisions.
Preferred feedback methods
For the ongoing development of the ILA Program, participants expressed a strong preference for direct communication methods, such as in-person discussions, telephone, email, or follow-up consultations to provide feedback. They also preferred questionnaires that prioritize open-text fields.
What we have done
The ILA Program has taken key steps towards developing the long-term model. For example, they have:
- developed and implemented a communications strategy for the interim ILA Program
- organized and held information sessions to increase awareness of the Program
- created a plan for further outreach as the next phases of the ILA Program roll out
- connected with external legal service providers, including at the provincial/ territorial level, to consult on best practices for the development of the ILA Program
- created and revised a detailed legal resource list
- integrated trauma-informed and client-centered practices at every level of the program
- hired a legal counsel to provide ILA clients with independent legal information, advice, and representation
Next steps
Moving forward the SMSRC will:
- continue the development and roll out of the long-term ILA Program model
- create different options for clients to receive legal advice, including through the newly hired ILA Program’s legal counsel
- continue to build partnerships with external legal resources and supports
- organize and host a follow-up consultation with the community
Acknowledgement
Thank you to all participants for your time, insights, and expertise. Your input is invaluable in shaping the SMSRC’s approach and will continue to guide our programs. We are dedicated to keeping the Defence community informed about how your feedback is shaping the development of our initiatives.
Contact us
For questions about this session, contact us at SMSRC.Partnerships-Partenariats.CSRIS@forces.gc.ca.
You can also contact DND.SMSRC-CSRIS.MDN@forces.gc.ca or the SMSRC confidential 24/7 line at 1-844-750-1648.