The Canadian Armed Forces (CAF) “does not want” and “cannot” take action against military sexual harassment and assault, and it is time for the body to cede more control to civilian authorities, said former Supreme Court Justice Louise Arbor.
In his long-awaited review of the cultural crisis in the military and recommendations for the way forward, Arbor says tackling the problem requires a major overhaul of existing structures and minimizing the CAF’s monopoly on its members through the use of outside institutions. as regards the prosecution of members for sexual offenses.
“CAF is unwilling or unable to embrace the intention and vision that come from external sources, choosing the letter over the spirit, often the emergence of realization before its essence, thus strengthening their ways of acting. “I believe this is a consequence of the isolation within which CAF has traditionally operated and its determination to perpetuate its old ways of doing business,” she said.
Arbor lists 48 recommendations for consideration by the federal government, ranging from changes in terminology to recruitment targets and improved reporting schemes.
The former Supreme Court judge said that civilian police and courts must keep all cases of assault under review and that all complaints of sexual harassment or gender discrimination should be referred to the Canadian Human Rights Commission.
“CAF needs to be open to external partners … CAF needs to allow others to do what they can do better, more efficiently and focus on their operations, and I think that’s true in justice, it’s true is in education, “Arbor said.
Defense Minister Anita Anand, who joined Arbor at a news conference Monday, said the federal government was “accepting” the report and was currently implementing 17 recommendations.
Among them, Ottawa will rename the Sexual Violence Response Center, which provides support to CAF members affected by sexual misconduct, the Sexual Violence Resource Center and ensure that the SMRC provides legal assistance to victims.
“Such legal assistance must be available throughout the country and on the full range of issues related to sexual offenses in the CAF, including the various processes caused by disclosure,” the report said.
Anand says she has also accepted the call for the defense minister to be informed directly by the assistant defense minister of all investigations related to sexual harassment, sexual misconduct and leadership culture in the defense team.
The federal government has drawn criticism for handling allegations of sexual misconduct against former Defense Chief General Jonathan Vance. According to former military ombudsman Gary Walburn, then-Defense Minister Harjit Sajan declined to hear details of the indictment in 2018, insisting he instead turn to the “appropriate authorities” without clarifying who it was.
Sajan clarified his position later, saying it would be “inappropriate” to get involved and instructing his team to keep the Secret Council Office informed of the situation to provide more details.
Other notable recommendations from the Arbor report include:
- With regard to sexual offenses, the CAF should align its definitions with the Penal Code. As such, the definition of “sexual misconduct” should be removed;
- The Canadian Human Rights Act needs to be revised to allow costs to be awarded and to increase the amount of compensation it can award to successful applicants;
- The CAF should outsource some recruitment functions in order to reduce the burden on tenants while increasing the competence of recruiters;
- Management should consider removing the “reporting obligation” in particular, as it is related to sexual misconduct, as it creates “significant fear and grief” and is not properly implemented;
- The CAF must compile past misconduct prepared for each candidate who is considered to be promoted to the rank of lieutenant colonel / commander or higher; and
- The CAF needs to set up a system of goals to promote women.
Add Comment