Good morning. My name is Karol Wenek. As the director general military personnel, I'm responsible for, among other things, personnel policies intended to prevent discrimination and achieve equal employment opportunities throughout the Canadian Forces.
With me today, to assist in answering your questions on sexual harassment and related issues, is Commander Tony Crewe, director of human rights and diversity for the Canadian Forces. Also with us is Lieutenant Colonel Mark Gendron, director of law military personnel in the office of the Judge Advocate General. He is available to provide information regarding the legal processes and procedures that might be engaged in dealing with allegations of sexual harassment.
In the comments that follow, I will briefly address our policy framework, our definition of harassment, military statistics on sexual harassment, the training and education of military members, and some recent initiatives relevant to this topic.
The Canadian Forces and the Department of National Defence have a joint harassment prevention and resolution policy that applies to both military and civilian personnel. The director of human rights and diversity, who reports to me, is responsible for the harassment prevention and resolution policy as it applies to military members.
The Canadian Forces policy on harassment was introduced in the 1980s and updated several times thereafter. The most recent version of the policy, dated December 2000, shifted the emphasis to prevention and early resolution through alternative dispute resolution and brought military and civilian personnel under the same policy. The policy's overall goal is to provide and ensure a respectful workplace by promoting the prevention of harassment and the prompt resolution of harassment complaints.
Although I am here this morning to speak specifically about sexual harassment, I think it is helpful to view our policy as part of a spectrum of Canadian Forces policies pertaining to sexual behaviour in the workplace. We have, for example, a policy regulating personal relationships and fraternization that is intended to preserve trust in the integrity of command while preventing the exploitation of junior military members and other vulnerable personnel.
Additionally, our sexual misconduct policy deals with behaviours that are either sexual in nature or committed with the intent to commit an act or acts that are sexual in nature and which constitute an offence under the Criminal Code or code of service discipline. These behaviours include offences such as sexual assault, indecent exposure, voyeurism, and acts involving child pornography. Our policy on harassment and sexual harassment falls somewhere in the middle of this policy continuum.
Harassment is defined as:
any improper conduct by an individual that is directed at and offensive to another person or persons in the workplace, and that the individual knew or ought reasonably to have known would cause offence or harm. It comprises any objectionable act, comment or display that demeans, belittles, or causes personal humiliation or embarrassment, and any act of intimidation or threat. It includes harassment within the meaning of the Canadian Human Rights Act (CHRA).
We have no definition or policy specifically for sexual harassment.
Systematic information on sexual harassment in the Canadian Forces is derived in varying degrees from four data sources: our tracking system for internally filed harassment complaints, our alternative dispute resolution database, statistics on human rights complaints externally filed with the Canadian Human Rights Commission, and periodic surveys of military members.
The harassment complaint tracking system is intended to capture all harassment complaints in both the Canadian Forces and the department. From 2002 to October 2012, there were 513 complaints by military members recorded in the harassment complaint tracking system. Of these, 31 or 6% were sexual harassment complaints. Of these 31 sexual harassment complaints in this 10-year period, 11 were determined to be founded or partially founded.
This is an incidence rate of about one a year in a military population of roughly 100,000 personnel. The remaining 20 complaints are either still open, were unfounded, were withdrawn, or were referred to the military police. When sexual assault is suspected during an investigation, these cases are automatically referred to the military police in accordance with the sexual misconduct policy I referred to earlier.
Of the founded complaints, 10 were by female members and one was by a male who filed a complaint against a male respondent.
For the founded sexual harassment complaints, the process to complete the investigation and resolution of the complaint took 90 days on average. The policy requires the responsible officers to finalize a complaint within 180 days.
In accordance with the current policy, there are consequences for respondents when complaints are determined to be founded. The most frequent administrative measure was to send the respondent on harassment awareness training, and the next most common action was a recorded warning. In some cases an apology was required, and in a few cases the offending individual was suspended from duty. In one case a fine was given, and in two cases the individual was sent on communications and leadership training.
Statistics on harassment are also kept by the director general alternative dispute resolution. However, it should be noted that while statistics are available on cases involving harassment, their database does not differentiate among categories—for example, sexual harassment. According to past issues of their annual report, they determined that the number of combined military and civilian harassment cases from 2002 to 2010 ranged from a low of 153 to a high of 382.
Statistics drawn from the human rights commission's complaints database for the period 2002 to 2012 indicate there were 196 complaints lodged against the forces, sexual harassment accounting for 13, or 6.6%, of all complaints. The latter involved two prohibited grounds of discrimination, namely sex and sexual orientation. Of the 13 sexual harassment complaints, eight were resolved by mediation, two complaints were dismissed, one was withdrawn as a result of the grievance process, and two have not yet been finalized.
In 1992 and again in 1998, a Canadian Forces survey on harassment was conducted, in which participants were asked if they had experienced harassment within the previous 12 months. In 1992, 26% of women and 2% of men believed they had been subjected to sexual harassment. In the 1998 survey, results showed a decline in the reported rate for sexual harassment, which was 14% for women.
The results of a 2012 harassment survey of regular force members are currently being finalized and will be available in the coming months. Subsequent survey research will focus on members of the reserve force and recruits and is scheduled to be conducted in 2013.
All Canadian Forces members receive elements of harassment prevention and resolution training at various levels of their professional development throughout their careers. Upon entry into the forces, both non-commissioned members and officers receive training on personal conduct policies. The intended outcome is adherence to the professional norms expected of military members. As part of this module, military members are taught that harassment, in any form, is inconsistent with national defence ethics, constitutes unacceptable conduct, and will not be tolerated.
As noted in the policy application, enforcement of the harassment prevention and resolution policy is a responsibility of leaders and commanders who are designated as responsible officers. Consequently, all new commanding officers are required to certify that they have read and understood the Chief of the Defence Staff's guidance to commanding officers. Among other things, this highlights their duties for harassment prevention and resolution, including their role as responsible officers for members under their command.
As part of our continuing effort to remind people of our policy on harassment, we released new harassment prevention posters this year and distributed them to all units in the Canadian Forces for display in common work areas. The messages are simple and straightforward, and the posters allow for the inclusion of local contact information.
By way of conclusion, the hard data portray a reassuring picture of sexual harassment in the Canadian Forces, in that the incidence of formal complaints, both internally and externally, is relatively low. Alternative dispute resolution statistics suggest there is a higher rate of harassment incidents, but if most complaints are being resolved through the options of self-help, supervisor intervention, or mediation, rather than through the more adversarial forms of formal investigations, that is also encouraging.
The decline over time in self-report survey responses of sexual harassment is also good news, but I hasten to add that two data points do not constitute a trend. Therefore, we look forward with interest to the next round of survey results.
This concludes my opening statement. Thank you for your attention.
My colleague will now proceed with her opening statement.
:
Good morning, and thank you very much for the opportunity to be here to speak with you today.
My name is Jacqueline Rigg. I am the director general of civilian human resources management operations in the Department of National Defence. I oversee the operations of six civilian human resources centres across Canada. I work in partnership with civilian and military managers in the area of strategic and operational human resources management.
With me today is Susan Harrison, director of civilian labour relations. She's the director responsible for the civilian harassment policy.
To put my remarks today in context, I offer the following description of the DND civilian workforce.
Over the past 10 years, the Department of National Defence civilian workforce has ranged between 20,000 employees and 29,000 employees. The DND workforce is unionized, being represented by 10 bargaining agents covered by 18 collective agreements; 40% of the civilian workforce are females and are employed in all the occupational groups, ranging from executives to blue-collar trades. Approximately 70% of the entire workforce are managed by members of the Canadian Forces. The Department of National Defence is located in all regions of the country, including the north. National Defence is committed to providing a respectful workplace by promoting prevention, coupled with prompt resolution of harassment.
We believe that all civilians have the right to fairness, respect, and dignity, and to work in a workplace free of harassment. Our strong stance on harassment, including sexual harassment, is evidenced by our stand-alone policy on harassment and the associated tools to support the program.
The Department of National Defence has had a policy in place since 1982. In 2000, the Department of National Defence and the Canadian Forces harmonized their separate policies and introduced the DND and CF harassment prevention and resolution policy in advance of the similar Treasury Board of Canada policy. The context of the policy is that mutual trust, support, and respect for the dignity and rights of every person are essential characteristics of the work environment. The policy statement itself says:
The CF and DND are committed to providing a respectful workplace by promoting prevention and prompt resolution of harassment. All CF members and DND employees have the right to be treated fairly, respectfully and with dignity in a workplace free of harassment, and they have the responsibility to treat others in the same manner.
Harassment in any form constitutes unacceptable conduct and will not be tolerated. No CF member or DND employee shall subject any person in the workplace to harassment. Any member or employee who subjects another person to harassment is liable to disciplinary and administrative action.
Our policy conforms to the requirements of the Treasury Board of Canada policy issued in 2001 and is aligned to the new 2012 policy on harassment prevention and resolution released in October. All these policies require the establishment of a complaint procedure; methods of resolving complaints; and remedial, corrective, and restorative measures. DND is fully compliant.
That said, we are in the process of working with the Canadian Forces to revise and update our harmonized policy and all the associated tools. To further support the prevention of harassment in the workplace, accompanying the policy are comprehensive guidelines on prevention, roles and responsibilities, complaint handling, alternate dispute resolution, and workplace restoration. Other tools include guidance for managers' delegated responsibility under the policy and a handbook for all employees, which provides a description of the entire policy and program.
Additionally, all employees are required to take a Department of National Defence course on harassment awareness and prevention for employees or harassment awareness and prevention for supervisors. A similar course is also delivered through the Canada School of Public Service, or they may take one through the joint learning program of the Treasury Board Secretariat and the Public Service Alliance of Canada.
While our policy and training are applicable to all Department of National Defence civilian employees, it is important to note that the prohibition of sexual harassment is reinforced by its inclusion in the majority of the collective agreements covering our employees. Grievances under these provisions can be referred to the Public Service Labour Relations Board, and this board is empowered to issue awards under the Canadian Human Rights Act.
There are several forms of recourse available to employees who feel they have been harassed. Employees can submit a complaint to the Canadian Human Rights Commission under the Canadian Human Rights Act. They can submit a complaint to the delegated manager under the policy framework that we have established. They can also file a grievance under their collective agreement. It goes without saying that sexual harassment complaints are covered by these mechanisms.
From a statistical perspective, for the Canadian human rights complaints, we had information from 2007 to date. In total there were three sexual harassment complaints, only one of which is still open. The other two were settled.
For harassment complaints under our policies, we have information from 2000 to date. There were 14 sexual harassment complaints, and nine were founded during that period. In total, there were 316 harassment complaints filed for various reasons in that same period.
For labour relations grievances, our statistical information covers the period from 2008 to date. During that time, there were four sexual harassment grievances filed. Two were partially founded, one was dismissed, and one remains open.
We acknowledge that all of these statistics have been generated by different tracking systems and do not permit any further in-depth analysis. The current Government of Canada human resources management system has its limitations, but an upgraded version will be coming in 2013 and will enable better capture and analysis of data as part of our human resources modernization program. We, of course, are working in collaboration with the program centre, which is made up of representatives from central agencies and several government departments, including the Department of National Defence.
In closing, I would like to share with you some facts about women in the Department of National Defence. Of particular note is that women are overrepresented in the management group, made up primarily of executives. We consider this to be especially positive, given the nature of our organization and the challenges women face in achieving such levels in the private sector.
The Department of National Defence also has a large blue-collar workforce, performing functions related to industrial trades and equipment operation. In this blue-collar sector, women are well represented. Similarly, women are well represented in the senior administrative and the scientific and professional sectors. Where we are short on the employment of women is in the technical groups that are related to ammunition workers, engineering support, and electronic technologists. Closing this long-standing gap is one of the priorities of our employment equity plan that is about to be published.
We are currently in the process of renewing the DND-CF harmonized harassment policy and will continue to have this issue at the forefront of how we manage our employees. Worthy of note is that the public service employee survey indicates that 73% of the DND civilian population believes that the Department of National Defence “works hard to create a workplace that prevents harassment”.
DND considers harassment in any form to be a serious matter. We have multiple mechanisms to support employees, managers, and the organization with respect to harassment issues. Though we have confidence in the current policies, programs, and initiatives that have led to the relatively low incidence of sexual harassment, we are still very cognizant that even one incident is too many.
This concludes my opening remarks.
:
Madam Chair, I would like to begin by thanking the committee for inviting us to testify today as part of its study of sexual harassment in the federal workplace.
The Ombudsman, Pierre Daigle, has asked me in my capacity as Acting Director General of Operations, to provide you with an overview of our mandate, policies and practices with respect to the handling of sexual harassment complaints brought to our office.
[English]
The office of the ombudsman was created in 1998 to ensure the fair treatment of concerns raised by current and former members of the Canadian Forces, both regular forces and reservists; by current and former employees of the Department of National Defence; by family members of service personnel and civilian employees; and by Canadians applying to become members of the Canadian Forces.
The ombudsman has a mandate to investigate and make recommendations to improve the overall well-being and quality of life of the members of the defence community. While our investigators attempt to resolve complaints informally and at the lowest level possible, some complaints require thorough investigation, leading to a formal report of findings and recommendations that are made public.
Last year we received more than 1,400 new complaints from our constituents. In total, our investigators and intake officers closed 1,471 cases, including new cases, reopened cases, and cases from previous years. Among these, 65 were related to harassment and three were specifically related to sexual harassment.
The ombudsman’s office also acts as a direct source of information, referral, and education. It is in this capacity that we address sexual harassment complaints. We ourselves do not investigate allegations of sexual harassment. In such cases, our office works closely with individuals to advise them of the various avenues of recourse available to them.
When an individual feels that he or she has not been treated fairly by the existing mechanisms within the Canadian Forces or the public service, the ombudsman can launch an investigation to determine if there are indeed issues or concerns related to fairness that need to be brought forward to the department on the individual’s behalf.
As a matter of policy, complainants with unresolved or ongoing complaints are requested to maintain contact with the ombudsman’s office so we can follow up on further questions or concerns.
[Translation]
To conclude, although complaints of sexual harassment make up a very small fraction of the 16,000 complaints we have received since 1998, we are keenly aware that they need to be treated with sensitivity and compassion. With that in mind, we do everything that we can to ensure individuals obtain the assistance they need and deserve.
Madam Chair, I have provided the committee clerk with the details of the disposition of harassment cases the Ombudsman's Office has handled over the last six years. The information is appended to Annex A of my speaking notes.
I stand ready to address questions from committee members.
:
Let me approach this with a fairly broad perspective, first of all. I think over the last 20 years there has been a significant change in the culture within the Canadian Forces that has been reinforced by a number of initiatives, which all have this as a central focus: what is appropriate and professional conduct by people in uniform?
That goes back to the mid-1990s after we had some very bad stories about how POWs were treated. We had some bad stories about earlier cases of sexual harassment and sexual assault that led to a process of institutional reform that examined all those issues and tried to identify the gaps in our programs that weren't producing the requisite kind of professional conduct in some of our members—and I emphasize “some”.
That begins, I think, with the development of a defence ethics program that was instituted a little over a dozen years ago, maybe about 15 years ago, which articulates, as its first principle, respecting the dignity of all persons. In its elaborated statement, it emphasizes issues such as fair treatment of others and avoidance of discrimination and harassment.
That program is refreshed throughout the organization on an annual basis, and it's been identified by external agencies as a model program for us. The defence ethics program applies equally to members of the Canadian Forces and to civilian employees of the department.
We have completely revamped our leadership philosophy. Again, that goes back about eight or ten years. One of the central features of our approach to leadership is that while there is and always will be a strong emphasis on getting the mission accomplished, we must pay equal attention to how we accomplish missions: we cannot break the law of war and we cannot violate principles that are central to what we hold dear as a society and as a culture.
It's through those kinds of programs, through acculturation into what it means to be a military professional. We documented that as well, as part of this enterprise, into the development of a manual on what it means to be a military professional, called Duty with Honour. Again, it's those principles of conducting yourself in a way that will not bring discredit to the organization or to you as an individual.
All those programs have this theme that runs through them, and they are delivered at various stages and through various venues and career and leadership courses.
As I mentioned, everyone who goes through basic training—and everybody does, unless they have done it previously—gets this exposure to the behavioural norms and expectations that apply to them with respect to harassment and sexual harassment. They are exposed to what it means to live by the charter and the Canadian Human Rights Act, what it means to be a military professional, what's expected of them when they begin their leadership training—which starts very early for military personnel—and what it means to exercise values-based leadership.
Through all those programs, they get this theme of respect for others and treating people equally and fairly.
There are specific courses as well that deal with harassment.
Because most members get the basics—it's embedded in their normal military training—the specialized courses tend to be for harassment advisers, for people who provide advice and guidance to responsible officers, and for harassment investigators.
Is there anything you would like to add, Tony?
:
For the Canadian Forces, actually that's not the case. Our representation of women in the Canadian Forces is about 15% of the regular and reserve force. Above the rank of lieutenant-colonel, it's less than that. It's about 9%, 8%, and starts to get lower as you get into the rank of general. That's largely because of where women choose to work in the Canadian Forces.
I'll just back up a bit and try to paint the picture for you. If you look at how women are employed in Canada, generally, in industries—and we have this data from Statistics Canada—you see that the goods-producing sector is heavily dominated by men; this is natural resources, manufacturing, agriculture, and those kinds of industries.
In the service sector, a couple of industries are dominated by women; these tend to be health, education, and a couple of others. In a number of others, it's more or less balanced; in business, for example, it is relatively equal.
If you look at the military in comparison, our equivalent to the goods-producing sector is combat occupations. Women are infrequently represented in those occupations, in most cases 5% or less, whereas they are heavily represented in the service occupations.
The key to understanding what that means for promotion and access to senior rank is that the emphasis in the military is fielding combat-capable forces and preparing people for command. Therefore, if people in those occupations are predominantly men, you're going to see predominantly men in the senior ranks as a result, although an effort is made to ensure that women have access to those occupations and to senior rank as much as possible.
:
Thank you, Madam Chair.
First, I want to thank you for being here. Our committee is studying this question in order to gather information. Whatever questions I put to you, my purpose is to obtain information. I am not seeking confrontation. I wanted to make that clear because I have some rather pointed questions to ask.
I was looking at the figures quoted in each presentation. Mr. Gauthier said that there had been 375 harassment complaints out of 16,000 since 2006. We also heard that there were 65 harassment cases out of 1,471. Concerning military personnel—I think it was Mr. Wenek who said this—over 10 years, there have been 513 harassment complaints, and 6% in another file.
I reacted strongly to this. These are undeniably interesting figures. I am wondering about something Mr. Gauthier said. He said this in his brief: “While our investigators attempt to resolve complaints informally and at the lowest level possible [...]” The lowest level possible may correspond to unions, to the immediate supervisor or to military police.
Without wanting to attack you, I must say that the population does not have the impression that this works very well, with respect to harassment and sexual harassment in the Canadian Forces. That is not the image that is being conveyed. I wonder if many cases get settled before arriving at the level in question, and in what order. I am not asking you for figures, since, clearly, you would not have them with you. Are we talking about 80% of the cases, about most cases or complaints? Have you had any feedback? Do you have any information on this topic?