# 2023-058 Harassment, Judge Arbour Rec. 10 – sexual-related files, Sexual Misconduct

Case summary

F&R Date: 2024-11-29

The grievor alleged that since his enrolment in the Canadian Armed Forces (CAF) he had been the victim of racial discrimination, gender bias, bullying and harassment, including sexual harassment, that have affected him both directly by negatively impacting his professional progress and by creating a hostile work environment. The grievor was seeking several redress measures including a promotion and posting into a specific role.

The Initial Authority (IA) rejected the grievance because it had been submitted beyond the time limits set out in article 7.06 of the Queen's Regulations and Orders for the Canadian Forces. Nonetheless, the IA contended that given the nature of the incidents described within the grievance, the harassment complaints or disciplinary investigation processes would be better suited to deal with it. The IA encouraged the grievor to pursue the support of the Integrated Conflict and Complaint Management Services and his chain of command (CoC). The IA also offered advice to the grievor regarding his career progression aspirations.

The Committee found the CAF's response to the grievor's allegations insufficient because, regardless of the time elapsed, the events described by the grievor were a clear example of the known problematic culture within the CAF that has allowed, normalized, and justified unacceptable behaviours. In addition, the Committee found that there was insufficient evidence to support the grievor's contention that his career progression within the CAF was hindered by racial discrimination, sexual harassment, and other ill-treatment. The Committee supported the IA's recommendations to the grievor regarding the available avenues to pursue the career outcomes he desired and further recommended the CoC facilitate a conversation with the grievor's career manager to review his professional development options and ambitions. Although the Committee recommended that the Final Authority not afford the grievor the redress sought, the Committee also recommended that the Chief of Professional Conduct and Culture and the CAF support and assist the grievor in pursuing the resources available to him to address his allegations of sustained racial discrimination, sexual harassment, and bullying.