Letter to AssocDM: Implementation of Justice Fish’s Recommendation 103

1 April 2025

 

Ms. Natasha Kim
Associate Deputy Minister
Department of National Defence
Major-General George R. Pearkes Building
13th Floor, North Tower
101 Colonel By Drive
Ottawa, Ontario K1A 0K2

 

Dear Ms. Kim:

This is a follow-up to our discussion yesterday, 31 March 2025.

During our conversation, you advised me that the Department is proceeding with a review of the Office of the Ombudsman pursuant to Justice Fish’s Recommendation #103 in the Third Independent Review of the National Defence Act.

As previously expressed in multiple exchanges with the Department and the Minister, any review of the Office of the Ombudsman by the Department, whether administered directly or contracted out, would undermine the perceived independence of our organization among our constituents, eroding trust and impacting our effectiveness.

I must disagree with the assertion you made that this is a Departmental decision. The appropriate authority for determining how this matter should proceed rests with the Minister of National Defence to whom both the Department and the Office of the Ombudsman report. I wish to note that a letter was sent on 6 December 2024 to the Minister of National Defence highlighting these concerns (attached). The response is still outstanding, and we do not anticipate receiving one during the current election period.

Accordingly, the decision will rest with a newly appointed Minister. Given the serious implications of proceeding in the manner you have indicated, I request that the Department put this file on hold until after the current federal election and the appointment of a new Minister of National Defence.

To ensure that the Minister has the information needed to make that determination, this office will brief the new Minister on our operations and governance.

Sincerely,

 

Robyn Hynes

Interim Ombud

 

Enclosure (1): Letter to MND – 6 Dec 2024

cc. Minister of National Defence