Standing together: Ensuring fair treatment for Canadian Language and Cultural Advisors who served in Afghanistan - Report

Mandate

The Office of the Department of National Defence and Canadian Armed Forces Ombudsman was created in 1998 by Order-in-Council to improve transparency in the Department of National Defence and the Canadian Armed Forces, as well as to ensure the fair treatment of concerns raised by Canadian Armed Forces members, Departmental employees, and their families.

The Office is a direct source of information, referral, and education for the members of the Defence community. Its role is to help individuals access existing channels of assistance or redress when they have a complaint or concern. The Office is also responsible for reviewing and investigating complaints from constituents who believe they have been treated unfairly by the Department of National Defence or the Canadian Armed Forces. In addition, the Ombud may investigate and report publicly on matters affecting the welfare of Canadian Armed Forces members, Department of National Defence employees, and others falling within their jurisdiction. The ultimate goal is to contribute to substantial and long-lasting improvements to the Defence community.

Any of the following people may bring a complaint to the Ombud when the matter is directly related to the Department of National Defence or the Canadian Armed Forces:

• A current or former member of the Canadian Armed Forces
• A current or former member of the Cadets
• A current or former employee of the Department of National Defence
• An employee or former employee of the Staff of Non-Public Funds, CF
• A person applying to become a member
• A member of the immediate family of any of the above-mentioned
• An individual attached or seconded to the Canadian Armed Forces

The Ombud is independent of the military chain of command and senior civilian management and reports directly to the Minister of National Defence.

Abbreviation Guide

ADM (HR-Civ)

Assistant Deputy Minister (Human Resources – Civilian)

CAF

Canadian Armed Forces

CDI J2X

Chief Defence Intelligence J2X Directorate

DND

Department of National Defence

KAF

Kandahar Airfield

LCA

Language and Cultural Advisor

OSI

Operational stress injury

PTSD

Post-traumatic stress disorder

WSIB

Workplace Safety and Insurance Board Ontario

Section 1: Introduction

Canadian Armed Forces (CAF) operations in Afghanistan^{Footnote 1} began in December 2001, when Canada joined the NATO International Security Assistance Force. In the decade that followed, more than 40,000 Canadian Armed Forces members served in Afghanistan. 158 CAF members and one Canadian diplomat lost their lives there. Far more members suffered life-altering injuries including psychological impacts.

Dedicated Canadian professionals, including DND civilian employees, supported the CAF operations. One such group included a small, specialized group of Canadians with expertise in Afghan languages and culture, the Language and Cultural Advisors (LCAs). These LCAs were highly valued and essential to CAF operations in Afghanistan, providing an expertise the CAF did not have within their ranks.

This report reflects the experiences recounted to our office by 19 former LCAs who contacted us for assistance. Their protracted struggle to access care and support for injuries incurred as a result of their work alongside the CAF in Afghanistan has prompted this review.

We have previously^{Footnote 2}  urged the Minister to intervene to ensure the injured LCAs receive appropriate care and compensation. The current Minister has pledged support in this matter, however, the LCAs have received little relief to date.

Section 2: Context

The DND hired 81 Canadian citizens descending from Afghanistan and the surrounding region to serve as LCAs. The DND hired them as term public service employees to advise the CAF in Afghanistan on language and cultural matters. Their specific cultural knowledge and linguistic skills were critical to the mission, as such expertise was not established within the CAF. The LCAs were employed in Kandahar from 2006 until the conclusion of combat operations in 2011. As well, they supported CAF training and mentoring in Kabul until 2014.

Before being hired, the Chief Defence Intelligence J2X (CDI J2X) Directorate required the LCAs to sign a standard form used for employing civilians in support of CAF international operations. This form, titled “Informed Consent” (replicated in Annex 2) acknowledged the risks and hardships involved but did not specify the tasks or working conditions for the LCAs. The form was not specific to deployments to Afghanistan and had blanks to fill out with the operation name and deployment location. CDI J2X also assured the LCAs via email^{Footnote 3} that their work would be office- or classroom-based at the relatively safe Kandahar Airfield (KAF). The reality turned out to be different.

When the LCAs responded to the employment offer, many described it as their duty to help Canada and a chance to help Afghanistan. As one LCA stated, “I was tired and missed my family and home but when they asked me to stay, I stay[ed]. It was my duty. Canada has given me and my family everything...”^{Footnote 4}

CDI J2X provided the LCAs with minimal training^{Footnote 5} . The LCAs underwent a Health Canada examination to ensure their medical fitness, and before travelling to Afghanistan, DND purchased death and dismemberment insurance for them.

The LCAs returned to Canada at different times and after varying deployment lengths; their employment terms ended shortly after their return. While most LCAs returned to Canada without physical injuries, many have since experienced challenges with their mental health, which they tie to their time in Afghanistan, including exposure to trauma, that were not apparent when they were assessed on their return. Many symptoms of PTSD often emerge only after the period of heightened stress or trauma has passed, meaning these struggles can surface long after their service abroad has ended.

When the LCAs began experiencing mental health problems, they were no longer employed with or connected to the DND. They did not have access to the institutional knowledge and resources about operational trauma and operational stress injuries that were available to the DND/CAF. At various points, different LCAs connected their symptoms to their deployment and sought support and assistance. Without information on how to obtain assistance, some LCAs approached Veterans Affairs Canada, some contacted the DND, and others sought legal assistance.

In 2019, our office reviewed an individual complaint from an LCA. We identified the lack of follow-up by DND with all LCAs. We recommended that the DND contact the LCAs to ascertain their welfare and to provide information and resources to those in need of assistance as a result of injury or illness stemming from such employment. That same year, the DND confirmed that they had reached out to the LCAs. Since then, they continued to follow up on the progress of the Workplace Safety and Insurance Board Ontario (WSIB) claims that were submitted by some LCAs.

Overall, without information about how to obtain assistance, it took some time for the LCAs to apply to the WSIB. Even after the LCAs received a description of their duties from DND to assist with their WSIB claims, the LCAs still experienced difficulties with their WSIB applications, some related to the issues addressed in this report, such as non-disclosure, and some related to the effects of their injuries and the complexity of the application process. The LCAs turned to legal counsel for help with the process and eventually our office to assist them with the frustrations they were experiencing.

Section 3: Findings

Working conditions

Finding 1: The LCAs’ working conditions were not as the DND described.

The DND provided the work description that was applicable for LCAs between 2004 and 2009. However, they could not confirm that it was the document LCAs were given during that time. The LCAs we spoke with reported that their expectations were that they would remain on base at KAF, primarily in a classroom or office environment “inside the wire”. In response to their inquiries, CDI J2X provided assurances in emails that this would be the case.

Instead, within days of their arrival, most found themselves primarily working off base, outside the relative safety of Kandahar Airfield (referred to as “outside the wire”) and wearing uniforms. They accompanied CAF members in uniform on patrols in villages, rode in convoys and attended Forward Operating Bases. Most LCAs shared that their CAF colleagues took good care of them.

While the DND was not able to provide us with all the original documents, we reviewed what was available to us to determine what the LCAs may have been briefed about their work environment. We have copies of the consent forms they were required to sign, which described their proposed employment environment as inherently hazardous. We also reviewed the work description which focused on the effort required of the LCAs, the general hardships of work on a military base during a deployment, and mention that they may be required to travel to a Forward Operating Base. None of the documents we reviewed described the reality that their primary work environment would be outside the relative security of KAF with CAF members on patrols.

Most LCAs received numerous accolades from military leadership. While CAF members were in and out of Afghanistan on various rotations, the LCAs remained on site and in theatre, their term employment continued to be renewed. As successor CAF contingents arrived in Afghanistan, they were introduced to the LCAs and other mission resources. The LCAs wore CAF uniforms and worked shoulder to shoulder with CAF members, while enduring enemy attacks, improvised explosive devices, and other risks and significant physical and psychological hardship.

Frequency and duration of deployment

Finding 2:Delayed policy implementation and frequent deployments for LCAs during the Afghan conflict contributed to significant challenges for LCAs.^{Footnote 6}

For members of the CAF, there was clear direction, including a May 2007 CANFORGEN,^{Footnote 7}  limiting the frequency and duration of deployments.^{Footnote 8}  The intent was to meet the needs of operational commitments “while also protecting our personnel against the negative effects of excessive time away.”^{Footnote 9}  With some exceptions, CAF members could be deployed for a maximum of six to nine months and not more often than once every three years.^{Footnote 10}

 In contrast, in 2007 the DND had no such policy for the LCAs or other DND civilians. The DND advised that the deployment of the LCAs was a “first occurrence” for the Department. In 2011, the direction on the frequency of LCA deployments in support of CAF international operations was communicated through a CANFORGEN, which was issued four years after the policy for CAF members and only after Canada’s combat operations in Afghanistan had concluded.^{Footnote 11}  Although the DND had a draft policy to introduce limits on civilian on deployed operations as early as 2006 (draft policy replicated in Annex 3), work on this policy did not resume until 2014 - the year the operations in Afghanistan ended. While the issues related to consecutive deployments were well known, the DND did not implement these guidelines until 2018 - four years after the end of Afghanistan operations.^{Footnote 12}

Of the LCAs who reached out to our office, most deployed for approximately two years total. The DND deployed two LCAs for approximately four years total, four others for approximately three years. The shortest individual deployment was 57 days, whereas the longest individual deployment was over two years, seven months.

Post-deployment health tracking and follow-up

Finding 3: In contrast to the CAF, the health and welfare of the LCAs was not tracked once their employment ended.

CAF members returning from Afghanistan benefited from established policies and processes requiring the CAF to ascertain their health through post-deployment health screenings and subsequent periodic health assessments.^{Footnote 14}  While CAF post-deployment health assessments are implemented differently between Regular and Reserve Force members, the common intent recognizes that health assessments must be done immediately upon return, and at established intervals from three months to every two years. This recognizes that psychological injuries may manifest much later than physical injuries.

Despite the LCAs having worked within the same environment, and most for a much longer duration than their CAF colleagues, there was no formal requirement for DND to conduct periodic tracking and follow-up. The only follow-up activity for the LCAs was one health assessment with Health Canada upon their return to Canada. CDI J2X arranged for an appointment, but not all the LCAs attended as their employment had ended. At the end of their employment, the DND was not mandated to and did not provide the LCAs with any information about further assessments or care, symptoms to look out for, or who to contact if their health deteriorated. This was the extent of their post-deployment follow-up.

It is recognized that with operational stress injuries—such as post-traumatic stress disorder (PTSD)— symptoms may manifest some time after the deployment. By the time the LCAs began to experience symptoms, they were no longer employees of the DND. At the time, there was no policy or practice requiring the DND to continue to follow up with the LCAs, despite a similar process existing for CAF members.

Employment Status: Public Service term employees

Finding 4: The LCAs’ status as term employees limited their ability to access employer’s health care and benefits needed beyond their deployment in Afghanistan.

CDI J2X recruited the LCAs, and ADM (HR-Civ) hired them as DND term employees. As such, they received comprehensive health care benefits comparable to those of indeterminate employees of the DND for as long as they were employed. These benefits included paid sick leave and access to the public service group health care insurance plan. When their terms of employment ended within approximately one month after their return, the LCAs no longer had access to their salaries or benefits.

Finding 5: Many LCAs have been unable to identify and access appropriate support for the serious health and welfare challenges that they have experienced for more than a decade.

The LCAs had varied challenges and experiences since returning to Canada. Many who contacted our office reported significant mental health challenges, affecting the ability to work for some and leading to financial and personal hardships. Those who sought help often struggled to find assistance, while others were unaware of available supports. For example, some LCAs turned to Veterans Affairs Canada for assistance, incorrectly believing that they were entitled to veterans’ benefits after having been deployed “outside the wire” and working, in CAF uniforms and protective equipment, alongside military members.^{Footnote 16}

Some LCAs applied for benefits from WSIB. The process has involved multiple years of applications, reviews, adjudications, and appeals leading the LCAs to retain legal assistance. After this lengthy process, the majority of the LCAs who complained to our office and whose cases are being tracked by the DND have received some health care benefits.^{Footnote 17}

Many of the LCAs recounted that they had difficulty obtaining or retaining employment when their terms with the federal public service ended. Consequently, some individuals also reported depleting their savings and selling their homes to support their families. Some LCAs also conveyed that they felt a sense of shame at not being able to provide for their families, as well as struggling with addictions, homelessness, marital breakdowns and family estrangements.

Finding 6: Many of the challenges the LCAs have experienced in obtaining support can be tied to the lack of DND policy for managing the LCAs’ post-deployment needs.

No policy required the DND to follow up and track health concerns of the LCAs after the conclusion of their employment terms, and consequently, the Department did not monitor them. This lack of follow up delayed the recognition of health problems by the LCAs themselves and delayed their diagnoses. This also delayed their attempts to obtain support and impacted their ability to establish a clear delineation from employment, to injury, to disability and resulting losses.

With CAF members, the post-deployment reintegration and follow-up process provides an opportunity not only for the identification of issues by medical personnel, but also for the exchange of information about common challenges and sources of assistance. Besides the delays discussed above, the LCAs had no clear sense of where to turn when they needed help because of their deteriorating health.

Finally, the fact that their employment ended about a month after their return to Canada and before the injuries fully manifested complicated the calculation of their earnings^{Footnote 18} . This disadvantaged at least two LCAs who were eventually found to be eligible for income replacement.

Section 4: Recommendations

Given historical and existing gaps in the care and support provided for former Canadian citizens descending from Afghanistan and the surrounding region who served as Language and Cultural Advisors (LCAs), as well as the ongoing mental, physical, and financial hardships they experience:

1. It is recommended that, under authority of the Minister of National Defence, the Department of National Defence immediately offer independent assessments to this group of LCAs who served as term employees of the DND between 2006-2014 and who claim to have been adversely or permanently affected by their employment.
   
   These assessments should: 
   • 1.1 Determine the physical and psychological care required for the affected individuals;
   • 1.2 Determine the long-term needs of the affected individuals; and
   • 1.3 Serve as the basis to develop and fund a reasonable care plan.
      
2. The affected individuals should be awarded immediate and reasonable financial compensation in line with jurisprudence in similar situations.

Section 5: Conclusion

Canadian citizens with expertise in Afghan languages and culture, the Language and Cultural Advisors (LCAs), were recruited to serve alongside the Canadian Armed Forces (CAF) on operations in Afghanistan between 2005 and 2014. Most LCAs received numerous accolades from military leadership, demonstrating that their skills were critical to the CAF’s mission in Afghanistan.

Despite the CAF’s assurances that their work would be primarily office and classroom-based, the LCAs frequently found themselves outside the wire. Many LCAs experienced operational stress injuries—such as post-traumatic stress disorder—after they returned home -without access to post-deployment support and resources.

This review focused on the experiences of the 19 LCAs who contacted our office and reveals their protracted struggle to access care and support for the injuries they incurred as a result of their time in Afghanistan.

The evidence demonstrates that these struggles can be tied to the lack of DND policy for limiting the frequency and duration of civilian deployments and managing the LCAs’ post-deployment needs.

We continue to urge the Minister of National Defence to take concrete steps to address the critical gaps in care and coverage for the LCAs and ensure they receive the fair treatment and support they deserve. Considerations related to this matter should be serious and deliberate, reflecting the extraordinary service that these individuals offered in exceptional, potentially life-threatening and life-altering circumstances for which they were unprepared. 

Annex 1: Timeline of directives issued and efforts

Annex 2: Informed Consent

Informed Consent – DND Employee work assignments accompanying the Canadian Forces in CF controlled operational settings

I, (PRINT NAME), on behalf of myself, my heirs, my executors and administrators, in consideration of being assigned to participate in a temporary assignment to accompany the Canadian Forces in the CF controlled operational deployment (Print Name of the OPERATION and location) for the period: (Print Dates), hereby

1. Acknowledge that I have been advised of the nature of the assignment, its length, living conditions and location and agree that the assignment is inherently hazardous and could result in personal injury, whether physical or otherwise, or damage to my property, and wishing in any event to participate in the assignment, voluntarily consent to participate in the assignment and assume any risks that may be associated with said assignment;
2. Acknowledge and understand that I will be subject to the Code of Service Discipline for the duration of the assignment;
3. Acknowledge and understand that I will be subject to the Task Force Standing Orders while assigned to the theatre of operations;
4. Acknowledge, agree and declare that I have been advised of the health and safety procedures and measures in effect before, during and after the assignment, and that I agree to abide by them;
5. Acknowledge, agree and declare that I have disclosed any pre-existing medical conditions to the appropriate responsible authority;
6. Acknowledge, agree and declare that if certain medical/health conditions are discovered after my deployment that are determined by the senior medical officer to assess me as medically unfit for continued deployment, I may be repatriated;
7. Acknowledge, agree and declare that I have received the required training to participate in the assignment, including, but not limited to, training in the use and/or handling of any equipment or facilities provided by the Government of Canada for the purpose of carrying out the assignment;
8. Acknowledge, agree and declare that I have been advised of special conditions including cultural and legal peculiarities which apply at the location of the assignment, including the potential locations at which I may be rec before, during required to perform work or transit or after the assignment;
9. Acknowledge, agree and declare that I have been advised of the standards of conduct and discipline in effect before, during and after the assignment, including all periods of disembarkment in foreign countries, and that I agree to abide by them;
10. Acknowledge, agree and declare that I have been advised of the chain of authority (COA), and my reporting relationship within the COA;
11. Acknowledge, agree and declare that I have been advised on my compensation and benefits coverage including leave entitlements and hours of work; and
12. Acknowledge, agree and declare that I have been advised that the assignment will entail travel to countries without benefit of a Status of Forces Agreement (SOFA) or like Memorandum of Understanding (MOU) with Canada, and that in such circumstances I may be subject to local laws, which may not have a similar basis to Canadian law.

Signing this informed consent form in no way waives my rights, and is not a waiver of the own's responsibility for me.

DATED at (location) this (date) Day of (Month Year)

Witness name and address (PRINT)

Annex 3: 2006 Draft Policy “Deployment of DND Employees in Support of CF Controlled International Operations”

Page 1 of 87

DRAFT-CHAPTER 20-CIVILIAN HUMAN RESOURCES MANAGEMENT:

Deployment of DND Employees in Support of CF Controlled International Operations

Note: The DCDS Direction on International Operations (DDIO) will likely be replaced by equivalent documents to meet t the needs of operational commands under the new CF operational command structure (stood up effective 1 February 2006). Wherever DDIO is referenced in this document the intent is to reference the departmental/CF guidance for operations regardless of title.

References:

1. Financial Administration Act
2. Public Service Labour Relations Act
3. Public Service Employment Act
4. Canada Labour Code
5. National Defence Act
6. Canadian Human Rights Act
7. Terms and Conditions of Employment Policy, Treasury Board of Canada Secretariat
8. National Joint Council Directives
9. Relevant Collective agreements
10. DDIO Chapter 12- Personnel Support

Errors and Omissions. In cases where this Chapter differs from the above and other references, the reference shall be taken as correct.

2000. Preamble:

1. In support of CF controlled international operations, the deployment of DND civilian public service employees may be necessary (hereafter referred to as DND employees). While these DND employees continue to be governed by the Public Service (PS) legislation and policies, they may also be subject to: the Code of Service Discipline, international law, Foreign Service Directives; and Military Foreign Service Instructions. Human resources management of DND employees is the responsibility of managers and the chain of command. The Assistant Deputy Minister Human Resources-Civilian [ADM (HR-Civ)] is responsible for strategic level policy development and the provision of advice and guidance on civilian human resources management issues to the chain of command, and the provision of civilian human resources support and services to both the chain of command and the DND employee
2. All aspects of DND employees in support of international operations are presented here. This chapter (20) includes sections on personnel selection, risk assessment, operational human resources management (OHRM), OHRM-associated administration, pre-deployment preparation, deployment administration, post-deployment administration, and other administrative and legal issues. Instructions as to the deployment of non-public fund (NPF) employees, Canadian Forces Exchange System (CANEX) employees, contractors and other civilians are not set out in this chapter.
3. This chapter together with its Appendices and Attachments outlines the framework applicable to the management and administration of DND employees who accompany the [...]

Version July 2006

Annex 4: Statement of Understanding

Language & Cultural Advisor (LCA) Statement of Understanding and Acknowledgement

I, Initials/Name, PRI, have been tasked to support the activities of Joint Task Force-Afghanistan (JTF-Afg). I understand that, in providing support, I may become exposed to or be involved in activities that are classified "SECRET"

I certify and acknowledge that I:

1. have been briefed that, the following subjects as they are related to operations are classified "SECRET":
   1. details of the JTF-Afg capability, strength and organization;
   2. all operations in which the TF is involved, including postponed and cancelled operations;
   3. details of operational plans, including dates, specific information on geographical locations, friendly force troop movements, tactical deployments, names of specific units in the area of operations;
   4. information about intelligence-collection activities, including information on all files, documents, audio or video transmissions, or any other forms of communication related to information gathering on targets, methods of attack; and details of its effectiveness;
   5. the identities, including names, addresses, specific employment and qualifications of snipers, aircrew, members of the intelligence community, Canadian Forces personnel who have killed or injured insurgents, JTF-Afg personnel who are missing or known to be captured. "JTF-Afg personnel" includes Canadian civilians, embedded journalists and personnel from allied nations;
   6. all CF systems & equipment designated as special status, including weaponry and surveillance devices, descriptions of their capabilities and limitations, details of extent of damage sustained by CF or ISAF vehicles and/or air assets as a result of insurgent attacks, including (but not limited to) improvised explosive devices and suicide bombers;
   7. communications frequencies, keymat, and codes;
   8. details of training techniques, standards, and methods;
   9. details of any facility layout and restricted military areas such as plans, building schematics, and training aids, and
   10. force protection security measures, including details of self defence plans.
2. have read, been briefed on, and understand the Security of Information Act (RS, 1985, c.0-5), made available at: http://laws.justice.gc.ca/. In particular, section 4(1) which states, in summary, that every person is guilty of an offence under this Act, who having in his possession or control any secret official code word, password, sketch, plan, model, article, note, document or information ("Information") that relates to or is used in a prohibited place or anything in a prohibited place, or that has been made or obtained in contravention of this Act, or that has been entrusted in confidence to him by any person holding officer under Her Majesty, or that he has obtained or to which he has had access while subject to the Code of Service Discipline within the meaning of the National Defence Act or owing to his position as a person who holds or has held office under Her Majesty, or a contract the performance of which in whole or in part is carried out in a prohibited place, or as a person who is or has been employed under a person who holds or has held such an office or contract,
   1. uses the Information for the benefit of any foreign power or in any manner prejudicial to the safety or interests of the State;
   2. retains the Information when he has no right to or fails to comply with lawful orders to retum or dispose the Information; or
   3. fails to take reasonable care of the Information.
3. have read and been briefed on the National Defence Security Policy and the National Defence Security Instruction with respect to my responsibilities in the safeguarding of sensitive materials and information, made available to me at: http://vcds.mil.ca/cfpm/pubs/pol-pubs/intro.asp. In particular, I have read and understand;
   1. National Defence Security Instruction 26- Access to and Release of Information General Security Conditions, and acknowledge I may not have access to, or release "CONFIDENTIAL" or "SECRET" information unless the following conditions are met –

• Demonstration of a need-to-know and possession of the appropriate security screening level; and
• When authorized by supervisors.

4. understand that should there appear to be any conflicts or lack of clarity with respect to my duties and responsibilities as a Language & Cultural Advisor, I will refer my concern to my supervisor for direction.

Initials, Name

Date

Signature

Witness Name

Witness Signature