Home Workplace News Canadian Armed Forces abandons ‘sexual misconduct,’ replaces it with three new terms as part of cultural reforms

Canadian Armed Forces abandons ‘sexual misconduct,’ replaces it with three new terms as part of cultural reforms

by HR Law Canada

Defence Minister Bill Blair announced significant updates regarding cultural reforms within the Department of National Defence (DND) and the Canadian Armed Forces (CAF) on Thursday. The reforms are in response to recommendations from former Supreme Court Justice Louise Arbour’s Independent External Comprehensive Review (IECR), which aimed to address issues of harassment and sexual misconduct.

In his address, Blair revealed that the CAF would implement interim policy guidance to abolish the term “sexual misconduct” and instead use three new terms: “conduct deficiencies of a sexual nature,” “harassment of a sexual nature,” and “crimes of a sexual nature.” Additionally, “sexual assault” will be separately defined, aligning with the Criminal Code.

These changes are designed to enhance clarity and coherence in policy, capturing the full spectrum of inappropriate conduct within the military. “These steps reaffirm our commitment to meaningful culture change,” Blair stated. “The work is not done – and we must keep going.”

Blair also announced the repeal of the Duty to Report regulations, effective June 30, 2024. This decision follows IECR Recommendation 11, which found that mandatory reporting had adverse effects on survivors, stripping them of control over the reporting process. “The duty to report has not achieved its intended purpose and, worse, has served only to terrorize and re-victimize those it was meant to protect,” Arbour noted in her report.

Furthermore, the DND/CAF released the Comprehensive Implementation Plan (CIP), a five-year roadmap detailing the institution’s strategy to address 206 recommendations from four key external review reports. This plan is expected to guide DND/CAF in a structured and harmonized approach to cultural reform.

To date, DND/CAF has addressed 65 recommendations within the CIP, including 19 from Arbour’s IECR, with plans to address all IECR recommendations by the end of 2025. The CIP emphasizes a deliberate approach to implementing these changes, based on extensive consultations with DND/CAF personnel, stakeholders, and external experts.

Stefanie Beck, Deputy Minister of National Defence, underscored the importance of a rigorous process to build trust and confidence in the institution’s commitment to reform. “We aren’t interested in simply getting the job done; we need and want to get it right and set the conditions for continuous improvement,” Beck said.

General Wayne Eyre, Chief of the Defence Staff, highlighted the moral and operational imperatives of these reforms. “Although we have more work to do, this implementation plan is a positive change towards creating a more effective organization,” Eyre stated.

The release of the CIP and the implementation of these recommendations are part of a broader effort to create a safer, more inclusive workplace within DND/CAF. “We will continue to work with and for our members so that their concerns and ideas are reflected in our work,” said Lieutenant-General Jennie Carignan, Chief of Professional Conduct and Culture.

The IECR, launched in April 2021, provided 48 recommendations for cultural change within the CAF and DND. The comprehensive reforms are part of an ongoing effort to address systemic issues and promote a culture of dignity and respect for all members of the military.

Key Reforms and Implementation Plan

  • Interim Policy Guidance: Abolishing the term “sexual misconduct” and introducing new terms to capture a range of inappropriate conduct.
  • Repeal of Duty to Report: Effective June 30, 2024, to promote trust and safety in reporting and to return agency to survivors.
  • Comprehensive Implementation Plan (CIP): A five-year roadmap addressing recommendations from multiple external reviews.

Minister Blair emphasized that these steps are part of a broader commitment to ensuring that every member of DND/CAF is treated with the dignity and respect they deserve. The comprehensive reforms are aimed at fostering a safer and more inclusive workplace, ultimately enhancing the effectiveness and trust within the Canadian Armed Forces.

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