The Canadian Armed Forces (CAF) has not wanted or been “unable” to take action against military harassment and sexual assault and it is time for the body to cede more control to civilian authorities, says the former court judge Supreme Louise Arbor.
In his long-awaited review of the cultural crisis within the military and recommendations for a way forward, Arbor says addressing this issue requires a major restructuring of existing structures and minimizing the CAF’s monopoly on its members taking advantage of external services. institutions regarding the persecution of members for sexual offenses.
“The CAFs did not want or could not embrace the intention and vision that came from external sources, choosing the letter above the spirit, often the appearance of the implementation above its substance, thus consolidating its ways to operate. I think this is a consequence of the insularity in which the CAF has traditionally acted and its determination to perpetuate its old ways of doing business, ”he says.
Arbor lists 48 recommendations to be considered by the federal government, ranging from terminology changes to hiring goals and improved reporting schemes.
The former Supreme Court judge said that civilian police and the courts should deal with all cases of assault on a permanent basis and that all complaints related to sexual harassment or discrimination on the grounds of sex should be addressed. to the Canadian Human Rights Commission.
“The CAF should be open to external partners … the CAF should let others do what they can do best, more efficiently and focus on their operations, and I think that’s true. in justice, it’s true in education, ”Arbor said.
Defense Minister Anita Anand, who joined Arbor at Monday’s news conference, says the federal government is “accepting” the report and is currently in the process of implementing 17 recommendations.
Among them, Ottawa will change the name of the Sexual Behavior Response Center, which provides support to CAF members affected by sexual misconduct, to the Sexually Abuse Resource Center and will ensure that the SMRC provides legal assistance to victims.
“This legal assistance should be available nationwide and across the range of issues related to sexual misconduct in CAFs, even with respect to the various processes triggered by disclosure,” the report says.
Anand says he has also accepted a call for the Deputy Defense Minister to report directly on all investigations related to sexual harassment, sexual misconduct and the culture of leadership in the defense team.
The federal government has been criticized for handling an allegation of sexual misconduct against former Chief of Defense General Jonathan Vance. According to former military advocate Gary Walbourne, then-Defense Minister Harjit Sajjan refused to hear details of the indictment in 2018, demanding that he refer to the “appropriate authorities” without clarifying who he was.
Sajjan later clarified his position, saying it would have been “inappropriate” to get involved and instructing his team to report the situation to the Privy Council Office for more details.
Other highlights of the Arbor report include:
- With regard to sexual offenses, the CAF should adjust its definitions to the Penal Code. As such, the definition of “sexual misconduct” should be abolished;
- The Canadian Human Rights Act should be revised to allow for the award of legal costs and to increase the amount of damages that can be awarded to claimants successfully;
- The CAF should outsource some recruitment functions to reduce the burden on recruiters, while increasing the competition of recruiters;
- Leadership should consider the abolition of the “duty to report” specifically with respect to sexual misconduct, as it generates “considerable fear and anxiety” and has not been properly implemented;
- The CAF should prepare a previous misconduct sheet for each candidate considered for promotion to the rank of lieutenant colonel / commander or superior; i
- The CAF should establish a system of objectives for the advancement of women.