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Bernie Boland
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Bernie Boland
2021-04-20 12:10
Madam Chair, thank you.
I'm Bernie Boland, retired lieutenant-colonel, who served honourably in the Canadian Armed Forces for over 30 years. For the past 12 years, I was an engineer in the public service. I retired in December 2020.
At the March 23, 2021, committee hearing, Minister Sajjan stated, “I take any allegation, regardless of rank or position, very seriously”, “We are committed to addressing all allegations, no matter the rank and no matter the position”, and “Sexual misconduct, harassment and inappropriate behaviour are not acceptable. We must call them out for what they are: an abuse of power.”
My testimony will present a concrete example of the difference between what DND practises and what it purports in addressing misconduct.
My case is comprehensively documented. The committee clerk has over 30 documents that chronicle the systemic and aberrant manner that senior executives who are commissioned to stamp out misconduct do not.
In the pursuit of justice, I followed the prescribed process. The defence officials assigned to assure that justice prevails robbed me of my right to advocate and denied me the opportunity to confront the offender in a balanced and equal justice for all, adversarial-based legal system.
In 2016, I reported wrongdoing and misconduct when an employee I had the privilege of supervising requested that I report the harassment and human rights violations perpetrated upon her by a senior engineering manager. I reported it. He was promoted. We faced reprisal and retaliation.
Her case is now at the Canadian Human Rights Tribunal awaiting adjudication on discrimination and deferential treatment due to age, gender, ethnicity and being a Muslim.
Once I reported the misconduct, I became an organizational threat. In retaliation, and to exonerate those responsible and culpable for the misconduct and human rights violations I reported, DND, in a formal departmental submission to the Canadian Human Rights Commission, secretly made me the scapegoat for the misconduct. I was made aware of DND's surreptitious actions by the woman harassed.
DND secretly making me a scapegoat was reprehensible, and I vehemently protested. On January 13, 2021, I formally submitted a complaint to Mr. Sajjan against the deputy minister, Jody Thomas, for condoning, as proper departmental conduct, DND's secret scapegoating of me.
Minister Sajjan's chief of staff acknowledged receipt of my complaint and assured me that it would be handled according to the applicable law. Jody Thomas is a Governor in Council appointee. No one from the Privy Council contacted me.
To ensure that my complaint against Jody Thomas did not drop off the radar, or more correctly wasn't institutionally ignored, I sent a February 7, 2021, registered letter containing my complaint against the deputy minister to Prime Minister Trudeau, with info copies to Katie Telford and the Clerk of the Privy Council, Ian Shugart. The letter's subject is “Defence Leadership Corrupts the Harassment Resolution Process to Protect the Harasser”.
No one from the PMO or Privy Council contacted me. However, Minister Sajjan's seriousness and commitment to addressing all allegations, regardless of rank or position, against the deputy minister, a Governor in Council appointee, was summarily and arbitrarily dismissed without investigation by Mr. Kin Choi, a subordinate of the deputy minister.
Though assured that the applicable law would be followed, Mr. Choi's expedient exculpation of his boss, Jody Thomas, broke the law. Specifically, Mr. Choi violated Bill C-65's workplace harassment and violence prevention regulations. Mr. Choi is responsible for the coordination and implementation of Bill C-65 in DND. He is also DND's functional authority for harassment prevention and resolution. Mr. Choi's conduct is rife with conflict of interest and bias.
After Mr. Troy Crosby, assistant deputy minister, materiel, deemed that DND secretly making me a scapegoat to the CHRC was proper conduct, I formally complained to Minister Sajjan, because the deputy minister did not take timely action on my complaint against her subordinate, Mr. Crosby.
Mr. Choi, a peer of Mr. Crosby's, summarily and arbitrarily dismissed, without investigating, these allegations. Mr. Choi also summarily and arbitrarily dismissed my grievance against Mr. Crosby for Mr. Crosby's failure to follow procedural fairness. The director general who made the submission to the CHRC secretly making me the scapegoat reports directly to Mr. Choi.
Notwithstanding the above, the most sinister aspect of this departmental behaviour, which must not be overlooked, is that DND overtly sanctions a covert program of secretly making scapegoats to the Canadian Human Rights Commission to exonerate those responsible and culpable for harassment and human rights violations. This is appalling. It must end immediately. The CHRC and the human rights tribunal must be made aware of it.
There is a cultural problem in the defence department, but there is institutional reluctance to distinguish between the approximate and ultimate cause of this problem. From my perspective, the ultimate cause is a breakdown and failure in leadership to act in an ethical, morally appropriate, determined and deliberate manner to arrest and eliminate misconduct. Instead, they too often conduct it and condone it.
Thank you, Madam Chair.
Michel Drapeau
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Michel Drapeau
2021-04-20 12:15
Thank you, Madam Chair.
The Canadian Armed Forces is in a crisis. Disappointingly, it is a long-standing crisis that extends back more than 20 years. In four cover stories published in 1998, Maclean's magazine alerted the Canadian public of a deep-seated crisis of rampant sexual misconduct in the Canadian military. Since that time, sadly, little has changed. In response to the 1998 sexual misconduct stories, Parliament, in its wisdom, transferred the powers of investigation and prosecution of sexual assault to the military. Parliament left it to the military to solve their problem internally. This was a huge mistake.
Given the recent revelations, which include the current and former chiefs of the defence staff as well as the commander of military personnel command being investigated for sexual misconduct, it goes without saying that instead of getting better, things got worse—much worse. There have been signs of this current crisis for decades, which should not have gone unnoticed.
In 2010, Colonel Russell Williams confessed to sexual assault of at least four women, the murder of two women—one civilian and one master corporal serving under his authority—and to having illegally invaded the homes and bedrooms of over 80 of his neighbours. In 2014, Maclean's and L'actualité magazines published the results of their investigation into sexual violence within our military, with Stéphanie Raymond, the victim of sexual misconduct by one of her male superiors, on its front cover. In 2015, retired Justice Marie Deschamps published a devastating exposé concerning the sexualized culture of the military. Her report made a number of recommendations, a number of which would be ignored and remain ignored by DND.
There is more. According to a survey by Statistics Canada in 2018, approximately 900 regular forces members were victims of sexual assault the previous year. Just let that sink in.
The following year, the 2019 Statistics Canada survey showed that 68% of Royal Military College students witnessed or experienced unwanted sexualized behaviours in 2018. Also, it reported that more than one in seven female students experienced sexual assaults in 2018, many of which were not reported.
In response to this long-standing crisis, the current senior management team at National Defence, led by the current minister, the current deputy minister and the since-departed CDS General Vance, joined ranks to put into place a program under the exaggerated title of Operation Honour as a means to bring discipline and fundamental respect and safety for women in the military. Truth be told, Operation Honour has proven to be based on conjecture and to be mostly an exercise in hyperbole. It is not working. Since the announcement of Operation Honour, our military's crisis has worsened.
Given my long-standing interest in this matter, over the past decades I have often appeared before parliamentary committees. I have co-authored several legal texts, and I have provided commentary on this subject in which I have proposed reforms to the military justice system.
Following my appearance before the Standing Committee on National Defence on February 22 of this year, in answer to the comments made by the Minister of National Defence before the same committee, and in the absence of any demonstrated proactivity from any of the leaders of our five political parties to deal with this crisis, I felt compelled to co-author a book titled Canada's Military Justice System Is in a Meltdown: Will Government Act? This book proposed some specific legislative reforms to address this crisis. It is produced in bilingual format and is available for free download at www.mdlo.ca.
At its core, this book recommends two things.
First, given the clear and compelling evidence that DND is unable to effectively deal with the enduring crisis of sexual misconduct and the deepening loss of public trust in the military high command, which has been decimated by allegations of sexual misconduct, and in the absence of substantive government leadership and action, Parliament should amend the National Defence Act to return jurisdiction for sexual assaults to civilian courts. This can be done simply and most quickly by amending section 70 of the National Defence Act.
Second, Parliament should appoint a civilian personality as inspector general of the armed forces—who will report to Parliament.
Ladies, I look forward to answering any questions that you may have. Thank you.
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