Letter to CDS: Military grievance process Final Authority delays

12 October 2021

 

General Wayne Eyre
Acting Chief of the Defence Staff
Department of National Defence and
The Canadian Armed Forces
101 Colonel By Drive
Ottawa, ON K1A 0K2

 

Dear General Eyre:

I am writing to you with regards to an issue that is impacting Canadian Armed Forces (CAF) members who avail themselves to the military grievance process. Our office recently received two individual complaints in which the members have been waiting over 912 days and 3,285 days respectively for a Final Authority (FA) decision. Based on information provided by the Director General Integrated Conflict and Complaint Management (DGICCM), as of 26 July 2021, 664 grievances were pending FA decision, with an average wait time of 564 days (Annex A).

As you know, when a grievance is filed at the Initial Authority (IA) level, it must be acknowledged within 10 days, and the decision must be rendered within 120 days, unless an extension is requested. DGICCM confirmed that since the IA timelines were increased in 2011, from 90 days to 120 days, there has been a decline in adherence to this amended standard. Conversely, the policy for the FA level does not include a service standard for a decision, which may be precipitating unreasonable and significant delays.

The recent report by Justice Fish, Third Independent Review of the National Defence Act, includes 12 recommendations related to the CAF redress of grievance process. Among these, two highlight the need for accountability and timeliness in the military grievance process and the policy amendments required to implement the recommended changes.

While I appreciate that this is a complex issue and efforts are being initiated to action these recommendations, there is an immediate need to address timeliness in the grievance process and the backlog of reviews at the FA level. These significant delays have resulted in matters being unresolved for too long and do little to inspire trust in the process.

I would appreciate a confirmation of how the CAF intends to incorporate accountability into the military grievance process and what measures will be taken to address the existing backlog at the FA level and ensure that the service standard is met going forward.

I would be grateful to receive a detailed response by 1 Nov 2021.

I thank you for your commitment to the fair treatment of members and we remain available to discuss further, as required.

Sincerely,

 

Gregory A. Lick

Ombudsman

 

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