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Results: 1 - 15 of 101
View Rachael Harder Profile
CPC (AB)
Again—perhaps you can't comment on this either—another recommendation that a witness brought forward was that perhaps a woman could decide whether she wanted to go through the Canadian Armed Forces or an HR tribunal to have her case heard. Do you feel that could be considered?
Rebecca Patterson
View Rebecca Patterson Profile
Rebecca Patterson
2019-05-14 16:58
I'm so sorry. I'm not able to comment on this specifically. Very generically, the expectation is to use the processes that exist within the system first and then move forward to human rights.
Alain, are you able to provide a greater comment? May I just share with my colleague?
Alain Gauthier
View Alain Gauthier Profile
Alain Gauthier
2019-05-14 16:58
A human rights complaint is part of my portfolio.
Absolutely nothing prevents a CAF member from going directly to the commission and making a complaint. The commission will decide if they prefer to deal directly with the complaint—and they have the ability to retain, deal with it, investigate and sort it out—or in discussion with the armed forces to say they'll use the existing mechanism.
But for every single case that discussion does happen.
View Rachael Harder Profile
CPC (AB)
It's my understanding that grievances have to be taken all the way through the CAF before a person can file a complaint outside, let's say, with a human rights tribunal or the commission. Is that not correct?
Alain Gauthier
View Alain Gauthier Profile
Alain Gauthier
2019-05-14 16:59
If they've launched a process and they're already in the grievance process, once again, nothing prevents them from going to the commission and making their case. The commission will usually ask them to wait until the decision is taken in the grievance process.
If they go early and the first thing they do is go straight to the commission, once again nothing prevents that and there have been cases where the commission has said we will deal directly with these cases.
View Rachael Harder Profile
CPC (AB)
One of the concerns that has been expressed by a couple of the witnesses who have been brought to this table is that they were in the midst of a CAF proceeding with regard to their grievances and felt that they were being taken on a bit of a merry-go-round ride. They were able to outline that quite well and I would agree with them, based on what they shared with us.
Basically, they were being held within the CAF so that they couldn't go to the commission, because the commission said they wouldn't hear their case until they had closed it with the CAF. It feels like there is perhaps a bit of a ploy taking place there, then, to keep members of the Canadian Armed Forces within the CAF, thus preventing them from being able to go and seek other assistance from the outside. Is that true?
Alain Gauthier
View Alain Gauthier Profile
Alain Gauthier
2019-05-14 17:00
No. This is not what I saw—
Alain Gauthier
View Alain Gauthier Profile
Alain Gauthier
2019-05-14 17:00
I saw a clear example of where people can go to the commission, and it is a commission decision to deal with it or not. They decide.
View Rachel Bendayan Profile
Lib. (QC)
Okay.
You also mentioned there being several different processes that were started. Some were completed and then others began. Maybe you could just walk us through the procedure.
Paula MacDonald
View Paula MacDonald Profile
Paula MacDonald
2019-05-09 9:17
When I first experienced harassment or, let's say, the military trying to have me declared mentally incompetent for complaining about its hostile sexualized behaviour, I filed a human rights complaint and went through the internal military procedures. That would be like filing a grievance. You have to write these documents in the specific way that they want them written, and challenge what happened to you.
I did that, and I also filed two complaints with the Canadian Human Rights Commission. One was based on gender discrimination. They were telling me that they wouldn't allow me to go through for testing to be a social work officer because they were saying that I wouldn't be able to pass it anyway. They were basically assuming that I'm dumb and can't do math, and I can.
Then I filed to try to protect myself, trying to encourage them to follow the law, assuming that there would be some sort of consequence for them if they retaliated against me. It didn't work.
View Rachel Bendayan Profile
Lib. (QC)
You mentioned previously that in order to file to be heard at the Canadian Human Rights Tribunal, you have to exhaust the measures or the procedures available.
Paula MacDonald
View Paula MacDonald Profile
Paula MacDonald
2019-05-09 9:18
Yes. They assigned me an assisting officer, who then helped me to write the documents in the way they wanted them written, but they wouldn't allow me to put in the documents the issue of the commanding officer being abusive towards me. They were all health care professionals. Health care professionals should be aware that not wanting to be sexually harassed doesn't mean that you're not mentally fit. They were just doing that to intimidate and bully me.
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