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Transition information package for new Chairperson, Kelly Walsh (May 2024)

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1. Overview of the organization and the role of the Military Grievances External Review Committee

1.1 Mission Statement

The Military Grievances External Review Committee (Committee), formerly the Canadian Forces Grievance Board, is an administrative tribunal with quasi-judicial powers, independent from the Department of National Defence (DND) and the Canadian Forces (CF). It was founded in March 2000 in accordance with legislation enacted in December 1998 that contained amendments to the National Defence Act (NDA).

1.2 Mandate

The Committee is an independent administrative tribunal reporting to Parliament through the Minister of National Defence.

The Committee reviews military grievances referred to it pursuant to s. 29 of the National Defence Act and provides findings and recommendations to the Chief of the Defence Staff and the Canadian Armed Forces member who submitted the grievance.

1.3 Mission

To provide an independent and external review of military grievances to strengthen confidence in, and add to the fairness of, the Canadian Armed Forces grievance process.

1.4 Vision

The Committee is a centre of expertise in the review of military grievances and a model administrative tribunal, through its fair and efficient processes, professionalism and good governance.

1.5 Values

Respect for democracy

The system of Canadian parliamentary democracy and its institutions are fundamental to serving the public interest. Public servants recognize that elected officials are accountable to Parliament, and ultimately to the Canadian people, and that a non-partisan public sector is essential to our democratic system.

Respect for people

Treating all people with respect, dignity and fairness is fundamental to our relationship with the Canadian public and contributes to a safe and healthy work environment that promotes engagement, openness and transparency. The diversity of people and the ideas they generate are the wellspring of our spirit of innovation.

Integrity

Integrity is the cornerstone of good governance and democracy. By upholding the highest ethical standards, public servants conserve and enhance public confidence in the honesty, fairness and objectivity of the federal public sector.

Stewardship

Federal public servants are entrusted to use and care for public resources responsibly, for both the short-term and long-term.

Excellence

Excellence in the design and delivery of public sector policy, programs and services is beneficial to every aspect of Canadian life. Positive engagement, collaboration, effective teamwork and professional development are all essential to a high-performing organization.

Accountability

We adhere to the Values and Ethics Code for the Public Service and accept responsibility for our actions.

2. Organizational structure

2.1 Background

The Committee is one of eight organizations in the Defence Portfolio. It reports to Parliament through the Minister of National Defence (MND), however the Committee is administratively and legally independent from the Department of National Defence (DND) and the Canadian Armed Forces (CAF).

The Committee is an independent federal government institution as defined under Schedule I.1 of the Financial Administration Act (FAA). As an independent oversight agency, the Committee must operate at a distance and with a degree of autonomy from government, including the DND and the CAF. Committee Members and employees are civilians and independent of the DND and the CAF in fulfilling their responsibilities and accountabilities in accordance with governing legislation, regulations and policies.

The Committee is required to seek the signature of the MND as the Minister responsible for routine tabling of the Committee’s Departmental Results Reports and Departmental Reports. The Committee also relies on MND for routing tabling of its Annual Reports and other accountability documents (ATIP Annual Report, Departmental Sustainability Plan) to Parliament.

The Chairperson, as Chief Executive Officer (CEO) of the Committee, is accountable for all Committee activities and for the achievement of results. Based on the Terms and Conditions of Employment for Full-Time Governor in Council Appointees, the Chairperson is CEO, statutory deputy head or Deputy Head, as defined by the FAA and as designated through the Governor in Council.

As Deputy Head, the Chairperson is accountable to Parliament for fulfilling management responsibilities, including financial management. This includes accountability for allocating resources to deliver the Committee’s programs and services in compliance with governing legislation, regulations and policies; exercising authority for human resources as delegated by the Public Service Commission; maintaining effective systems of internal controls; signing accounts in a manner that accurately reflects the financial position of the organization and exercising any and all other duties prescribed by legislation, regulations or policies relating to the administration of the Committee.

2.2 Organizational Structure

Committee Members

Current Committee Members

Management Team

1 Chairperson and Chief Executive Officer

1 Director General of Operations and General Counsel, made up of the Director of Operations, the Registry, 5 Grievance Review Teams and Legal Services

1 Director General of Corporate Services, made up of 9 Internal Services functions

Operations Branch

The Committee's Operations Branch consists of grievance officers, team leaders, legal advisors, the registry and case management services. The Director General of Operations and General Counsel heads this branch.

Committee Members and Vice-Chairs, both full-time and part-time, appointed by the Governor-in-Council, do not belong to the Operations Branch but work with it very closely.

The Operations Branch is responsible for reviewing and investigating grievances, communicating with the grievors and the Canadian Armed Forces (CAF) authorities, and drafting Findings and Recommendations reports for Committee Member approval.

Internal Services Branch

The Internal Services Branch consists of the following teams:

Champions at the Committee

The Champions at the Committee are volunteers from the operational level. They promote Government of Canada (GC) programs and initiatives at the Committee by posting messages to the blog and organizing events, attend GC interdepartmental committees, assist in developing and implementing actions plans for the way forward at the Committee and share perspectives at the management table. The Committee has champions for official languages; mental health and wellness; the future of work; and accessibility, equity, diversity, inclusion and GBA Plus.

2.3 Deputy Head Responsibilities

3. Corporate Information

3.1 Delegated Authorities and Delegation Instruments

Mandatory instruments signed by the Chairperson indicate the levels of delegation of accountability and authority for various actions related to corporate services.

  1. A Delegation Order under the Access to Information and Privacy Act.
  2. An instrument of delegation of authority in security matters
  3. Delegation of Human Resources Authority
    • The Committee’s Human Resources Sub-delegation Instrument is the official Committee document that governs the sub-delegated appointment and appointment-related HR authorities.
    • The Sub-delegation Instrument was reviewed and updated in August 2023 following amendments to the Public Service Employment Act.
    • According to the Sub-delegation Instrument in effect, some actions are exclusive to the level of the Chairperson such as: 
      • Render a classification grievance decision
      • Approve organizational charts and changes to reporting relationships that may affect the Committee structure
      • Award performance pay and the Chairperson’s Award
      • Approve non-imperative staffing appointments
      • Revoke an appointment or take corrective action following an investigation
      • Exercise the authority to declare and notify a surplus employee
  4. Delegation of Financial Authority
    • The Delegation of Spending and Financial Authorities Chart is the official instrument used by the Minister responsible for the Committee to delegate financial signing authorities to departmental officials. The current chart was approved by the former Minister of National Defense in May 2022. A revised delegation chart was submitted to the newly appointed Minister within 90 days of his appointment date and is currently awaiting approval.
    • According to the TBS Directive, the existing delegation chart must be presented to new deputy heads for information purposes within 30 calendar days. In accordance with the TBS Directive on Mandatory Training, all delegated managers of the Committee have completed the following mandatory training courses:
      • Using Public Funds Responsibly
      • Practicing Responsible Procurement
      • Managing People Effectively
    • A Governor in Council appointee is not subject to mandatory training. However, at the Committee, we adhere to the TBS Directive on Mandatory Training for all employees and members as good practice.

3.2 Corporate Reports

The Departmental Plan (DP) and the Departmental Results Report (DRR) are accountability instruments required under the Treasury Board of Canada's Policy on Results. The Committee publishes other relevant corporate documents such as annual reports and annual reports on access to information and privacy.

3.4 Strategic Projects and Plans Underway

3.4.1 Cloud

Early 2020, The Committee assessed the feasibility, from both financial and functionality perspectives, of moving our infrastructure to the cloud. This was undertaken at that time in order to align to the Office of the Chief Information Officer (OCIO) vision of ‘cloud first’, now ‘cloud smart’, and to support a seamless move to a new office space in 2028, i.e. we would not have to physically move an entire data centre. By late 2020, the Committee had a road map that was approved by senior management.

The first year (2021) of the project was about implementing security controls required to permit IT to get familiar with the new technology. From 2022 to the present, the Committee has successfully migrated 95% of our servers to the cloud.

The migration of the remaining servers should be completed by September 2025. Next steps, from September 2024 to March 2025, include starting to decommission the old physical infrastructure, that will no longer be required.

3.4.2 New initiative in 2028: co-sharing office space

The lease at 60 Queen ends February 29, 2026 and will be extended to 2028. The 60 Queen building no longer meets PSPC requirements. The Committee has partnered with the Civilian Review and Complaints Commission for the RCMP (CRCC) and the Office of the Correctional Investigator (OCI) to enter into a co-location project for new shared office space in 2028. With regards to the co-location space, as yet to be determined, the Committee has asked for 414 m2r. The current vision includes 40 open concept workstations. The common spaces, to be share among the three organizations, has not yet been defined.

3.4.3 Integrated HR Plan

The Committee has developed a comprehensive integrated HR Plan, an internal measurement system to track progress towards established goals. This evergreen plan includes performance indicators, supporting complementary actions, dependencies, timelines and results. As such, it permits a thorough tracking as implementation unfolds internally.

The Committee’s HR Integrated Plan also incorporates concrete multi-year actions to address the Call to Action on Anti-Racism, Equity, and Inclusion in the Federal Public Service as well as the actions that will respond to the Committee’s Accessibility Plan, values and ethics, mental health and Champions’ priorities.

4. Committees and Working Groups

4.1 Corporate Committees

Many committees are in place including:

Decision making

Advisory

Operational

Oversight and Compliance

Administrative

5. Grievance Review Process

The Committee’s internal review process consists of three steps: grievance reception, review and the drafting of F&R reports.

1. Grievance reception

Upon receipt of a grievance, the grievor is contacted and invited to submit additional comments or other documents relevant to their case.

2. Review

The assigned Committee Member holds a case conference where the grievance is reviewed and the issues are identified and discussed. The Committee Member works with a team leader, a grievance officer and legal counsel. If necessary, additional documentation is obtained and added to the file, and subsequently disclosed to the grievor. Although rare, it is possible a hearing may be held.

3. Findings and Recommendations

The Committee Member issues a F&R report, which is then sent simultaneously to both the CDS and the grievor. At this point, the Committee no longer has jurisdiction over the grievance. The grievor receives a decision directly from the FA.

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