The Right to Protection:
Protection from Intimidation and Retaliation

Victims have the right to have reasonable and necessary measures taken by the appropriate authorities in the military justice system to protect them from intimidation and retaliation.

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Canadian Forces Military Police Group

Members of Canadian Forces Military Police Group (CF MP Gp) will facilitate or provide reasonable and necessary measure for victims to protect them from intimidation and retaliation.

Measures to protect victims from intimidation or retaliation can include but are not limited to:

• Conditions of release may be imposed by the custody review officer or a military judge, as the case may be
• Orders meant to protect the victim may be issued to CAF members at any time
• Measures may be taken to ensure a safe workplace for the victim
• Arrests made if the victim was subject to intimidation and further charges may be pursued

The Military Police (MP) on scene will provide a “safety net” for victims.  For example, the MP on scene will provide information on available resources, including all local support services available, and will arrange for victim protection, if requested.

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Director of Military Prosecutions

The prosecutor must take into account the victim’s views on issues such as safety concerns about possible reprisals from the suspect or other individuals.

For example, the prosecutor will seek the victim’s views in the following situations that can affect a victim’s safety:

• Release conditions imposed on the accused—the prosecutor will ask the victim if there are any concerns about the suspect’s compliance with these conditions
• For charges relating to certain sexual misconduct offences before a court martial, an order banning publication that might identify the victim
• A prohibition against producing the victim’s personal records to the accused, in certain circumstances

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For victims of sexual misconduct

Chain of Command

A Commanding Officer must investigate any report of a reprisal or other threatening, intimidating, ostracizing or discriminatory behaviour taken in response to a report of sexual misconduct. Any CAF member participating in such behaviour may be subject to administrative or disciplinary action or both.

The Chain of Command (CoC) will consider how to mitigate and continuously monitor any real and ongoing risk of reprisal and immediately address, to the extent possible, any such issues.

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The Sexual Misconduct Support and Resource Centre

The Sexual Misconduct Support and Resource Centre (SMSRC) offers the services of a dedicated coordinator as part of its Response & Support Coordination (RSC) program. CAF members, former members, and current DND public service employees who have experienced sexual misconduct can be assigned a coordinator, who will provide ongoing support and assistance. This service is provided until the individual no longer requires the service, withdraws their consent or transitions to civilian services.

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