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FEWO Committee Report

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List of Recommendations

 

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1—Creating an Office of the Inspector General of the Canadian Armed Forces and the Department of National Defence

That the Government of Canada establish a fully independent Office of the Inspector General of the Canadian Armed Forces and the Department of National Defence, the Director of which is an Officer of Parliament, which reports annually to Parliament, and that the Office of the Inspector General of the Canadian Armed Forces and the Department of National Defence:

  • be resourced and have the authority to ensure future complaints and allegations are made to an external, independent body;
  • receive complaints from serving members and veterans with no requirement for the member or the veteran to exhaust the internal redress and grievance procedures before filing the complaint;
  • independently undertake studies and investigations deemed necessary; and
  • refer matters to the National Security and Intelligence Advisor to the Prime Minister for investigation when warranted.

Recommendation 2—Implementing Recommendations of the Deschamps Report

That the Government of Canada fully implement all recommendations of Justice Deschamps’ 2015 report entitled External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces.

Recommendation 3—Defining Fraternization, Abuse of Authority and Sexual Misconduct

That the Government of Canada enhance the Code of Service Discipline to reflect a clearer, more precise definition of fraternization, abuse of authority, and sexual misconduct.

Recommendation 4—Role of Senior Leadership in Creating Culture Change

That the Government of Canada impose a freeze on all General and Flag officer promotions and salary increases until an independent investigation is conducted to ensure their behaviour and conduct is beyond reproach allowing them to lead by example.

Recommendation 5—Role of Senior Leadership in Creating Culture Change

That the Government of Canada hold executive level military and civilian Canadian Armed Forces and Department of National Defence positions personally accountable to implement Auditor General report recommendations.

Recommendation 6—Role of Senior Leadership in Creating Culture Change

That the Government of Canada ensure succession planning in the Canadian Armed Forces is merit-based and does not provide a means or inducement for protecting individuals from disciplinary measures, especially for sexual misconduct offences.

Recommendation 7—Training to Prevent Sexual Misconduct

That the Government of Canada, with the goal of fostering an inclusive, safe and respectful workplace for all members of the Canadian Armed Forces, provide mandatory comprehensive sexual misconduct training and bystander intervention training with clearly defined performance metrics for members at all levels, including senior leadership, and ensure that this training:

  • is delivered by experts and is trauma-informed and survivor-centred;
  • is reinforced by regular additional training sessions;
  • focuses on the prevention of sexual misconduct;
  • increases awareness about the history of and challenges faced by individuals who are lesbian, gay, bisexual, transgender, queer, Two-Spirit or who identify with other gender identities and sexual orientations; and
  • encourages all members to reflect on their participation in creating a safe and inclusive culture within the Canadian Armed Forces.

Recommendation 8—Increasing Women’s Representation and Retention

That the Government of Canada publish a strategy with clear performance metrics to attract, promote and retain women and other minorities in the Canadian Armed Forces that includes comparative metrics around numbers of women and minorities by trade, classification and rank, length of time in rank, command positions, length of service and rank at release.

Recommendation 9—Increasing Women’s Representation and Retention

That the Government of Canada establish an external Defence Advisory Committee on Women and Minorities in the Canadian Armed Forces that is approved by Parliament and reports to Parliament annually.

Recommendation 10—Gender and Diversity-Sensitive Policies, Supports and Services

That the Government of Canada review the Canadian Armed Forces’ policies, supports and procurement services through a Gender-based Analysis Plus lens to ensure that they do not have negative impacts on members who are women, racialized, Indigenous, live with a disability or are members of the lesbian, gay, bisexual, transgender, queer and Two-Spirit communities or who identify with other gender identities and sexual orientations; close any gaps that might exist in this regard; and provide earmarked funding for the purchase of equipment designed for women and the diversity of the individual.

Recommendation 11—Gender and Diversity-Sensitive Policies, Supports and Services

That the Government of Canada take responsibility to ensure that parents who are members of the Canadian Armed Forces have access to childcare services that meet their needs, including the needs of single parents and parents working outside regular work hours or who do shift work, and work in partneship with provinces and territories where possible.

Recommendation 12—Duty to Report Sexual Misconduct Incidents

That the Government of Canada implement Recommendation 70 of the Report of the Third Independent Review Authority to the Minister of National Defence:

  • An exception to the duty to report incidents of sexual misconduct should be established for victims, their confidants and the health and support professionals consulted by them.
  • Their duty to report should be retained, however, where a failure to report would pose a clear and serious risk to an overriding interest, which may include ongoing or imminent harm, harm to children and national security concerns. A working group should be established to properly identify these exceptional cases. The working group should include an independent authority and representatives of the Sexual Misconduct Response Centre, military victims’ organizations and the military justice system.
  • The working group should also consider (a) the removal of the duty of witnesses to report incidents of sexual misconduct; and (b) requiring witnesses to report incidents of sexual misconduct to the Sexual Misconduct Response Centre only.

Recommendation 13—Ensuring Survivors Do Not Face Consequences for Reporting Sexual Misconduct Incidents

That the Government of Canada ensure survivors of sexual misconduct in the Canadian Armed Forces do not have their training plan interrupted without their consent as a result of coming forward with allegations.

Recommendation 14—Investigating Sexual Misconduct Incidents

That the Government of Canada review disciplinary structures for abuse of authority, sexual misconduct, and other offences to ensure the severity of sanctions is in accordance with the offence, is more severe with increased rank and seniority, and is equitably applied across all elements and units.

Recommendation 15—Investigating Sexual Misconduct Incidents

That the Government of Canada amend the National Defence Act to remove the Chief of the Defence Staff as the review authority on service infractions and Code of Service Discipline violations where the Chief of the Defence Staff is the accused, and establish an independent panel of retired military justices to oversee the summary hearing, or court martial process through the Inspector General.

Recommendation 16—Investigating Sexual Misconduct Incidents

That the Government of Canada direct the Canadian Armed Forces to establish a policy under which General and Flag officers must be suspended while under investigation for Code of Service Discipline offences.

Recommendation 17—Trauma-Informed and Survivor-Centric Training for Investigators

That the Government of Canada ensure that all individuals who investigate incidents of sexual misconduct receive ongoing training on trauma-informed and survivor-centric investigation approaches as well as on the importance of providing survivor-centric supports to survivors during the investigation process.

Recommendation 18—Referring Sexual Misconduct Investigations to the Royal Canadian Mounted Police

That the Government of Canada amend the National Defence Act and direct the Canadian Armed Forces to amend the Defence Administrative Orders and Directives and the Queen’s Regulations and Orders to allow the Office of the Inspector General of the Canadian Armed Forces and the Department of National Defence to refer matters of sexual misconduct to the Royal Canadian Mounted Police for investigation and remove jurisdiction from the Canadian Armed Forces when matters of undue influence from the chain of command are of concern.

Recommendation 19—Eliminating the Possibility of Pleading Down to a Criminal Code Offence

That the Government of Canada review its processes to ensure that members of the Canadian Armed Forces who are charged with Criminal Code offences are not able to “plead down” to less serious charges made pursuant to the National Defence Act.

Recommendation 20—Services for Survivors of Sexual Misconduct

That the Government of Canada offer trauma-informed support programs and services for survivors of sexual misconduct, including physical and mental health programs and services, and identify possible gaps in service or in funding, with the goal of offering trauma-informed, gender and diversity-sensitive and survivor-centric services for all survivors of sexual misconduct in the Canadian Armed Forces, including ensuring that specialized mental health services and peer-support for sexual trauma survivors are available.

Recommendation 21—Services for Survivors of Sexual Misconduct

That the Government of Canada recognize military sexual trauma among the list of operational injuries for which current Canadian Armed Forced members and veterans can receive appropriate support for.