Independent External Comprehensive Review Report - External Monitor Terms of Reference

1. 1. Context and Purpose

   1. 1.1 The Department of National Defence and the Canadian Armed Forces are committed to addressing the significant gap between our desired culture and the institutional shortcomings or structural impediments that result in undesirable and unacceptable lived experiences for Defence Team members. Comprehensive efforts are now underway to create a healthier, safer, and more inclusive organizational culture.
   2. 1.2 On 29 April 2021, The Minister of National Defence announced the launch of an Independent External Comprehensive Review into current policies, procedures, programs, practices, and culture within the Department of National Defence and the Canadian Armed Forces by Madame Justice Louise Arbour, former Justice of the Supreme Court of Canada. On 20 May 2022, Madame Arbour delivered her final report to the Minister which included 48 recommendations to significantly improve CAF leadership and reduce misconduct.
   3. 1.3 The Minister accepted Recommendation 48 of the Independent External Comprehensive Review, which is included in full for reference in Annex A.
   4. 1.4 The External Monitor will report to the Minister of National Defence and will be appointed by the Governor in Council for an initial term of one year with the possibility of renewal for terms of up to one year.
   5. 1.5 These Terms of Reference provide the initial mandate, but do not necessarily contain all the details of the External Monitor’s responsibilities. The Minister reserves the right to provide more specific direction to the External Monitor to guide the fulfillment of the mandate.

2. 2. Mandate

   1. 2.1 Provide advice to the Minister in the oversight of the implementation of the recommendations of the Independent External Comprehensive Review by the Department of National Defence and the Canadian Armed Forces and, at the direction of the Minister, report the recommendations of any other external reviews that have been accepted by the Minister or the Government such as:
      1. 2.1.1 The Third Independent Review (IR3) of the Military Justice System (Fish Report).
      2. 2.1.2 The Minister’s Advisory Panel on Systemic Racism and Discrimination Final Report.
      3. 2.1.3 External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces (Deschamps Report).
   2. 2.2 In relation to the implementation of the recommendations by the Department of National Defence and the Canadian Armed Forces, the External Monitor will:
      1. 2.2.1 Observe and document the progress, and capability, to implement the recommendations.
      2. 2.2.2 Provide monthly reports to the Minister of National Defence relating to the implementation of the recommendations.
      3. 2.2.3 Provide to the Minister of National Defence, every six months from the date of appointment, a progress report, in both official languages, that is suitable for publication by the Minister.
      4. 2.2.4 To ensure effectiveness, the External Monitor will be provided with resources to establish a small team to support their work.
      5. 2.2.5 Participate in public engagements related to the role and to the reports produced at the request of the Minister.

Annex A to Terms of Reference – External Monitor Terms of Reference

Recommendation # 48 – Independent External Comprehensive Review (Arbour Report)

The Minister of National Defence should immediately appoint an external monitor, mandated to oversee the implementation of the recommendations in this Report and other external recommendations she accepts.

The external monitor should be assisted by a small team of their choosing that is external to the Defence Team. They should have access to all documents, information, individuals and entities they deem relevant, including the Independent External Comprehensive Review.

The external monitor should produce a monthly “monitoring assessment and advice” report directly to the Minister and publish bi-annual public reports.