The 2nd External Monitor's Report
I'm back...? And introducing a new "segment"...?
Before I get started, I want to say “hi,” again! I hope the last year treated you well. I haven’t forgotten about this or you – between health issues, CGAI work, and different research projects, DND/CAF 101 had to get off the stove.
Over the past couple of months, I have been doing (almost) weekly frantic tweets summarizing reports that I stumbled upon. Yes, I have a weird way of procrastinating.
Anyway, I am back with this after a CAF member asked me to send my latest thread in an email. And I thought, why not copy all my threads on here (in a more professional verbiage, and minus the silly gifs – sorry). I wish I could just link the thread here, but if you’re not on Twitter, now you cannot view those tweets.
Without further much ado, here’s the thread/ summary of the External Monitor’s second report. I hope you enjoy it – and I welcome any thoughts, insights, or even criticism!
Aight, folks! It’s Saturday, I am uncomfortably early to a get together with friends, and the External Monitor’s Report is out. Buckle up.
As a way of introduction, Mme Therrien summarizes the findings of her previous report: buy-in at the highest levels, but the lack of a multi-year plan and the inadequate approach to prioritization was a significant hurdles. She also noted the implementation of a number of Justice Arbour’s recommendation.
CDL’s 2 cents no one asked for™️: Something I did not mention in my thread: Mme Therrien also includes the implementation of Justice Fish’s recommendations around sexual misconduct. I find it refreshing to see an oversight body that does not view their work in isolation.
Well, turns out CPCC created a plan this summer! She writes “it provides the basis for a shared vision across the organization and it provides the Minister with a more global view of where there is progress” She also notes (which I love to see):
Of critical importance, the plan states that it will measure and report on outcomes as opposed to the completion of activities. The next year will show the impact of this plan and potentially move this organization towards its goal of culture change.
Now, for a breakdown of the findings
The CAF is giving up sexual misconduct as a formal term, is reviewing the definition of adverse personal relationships. the affiliated DAODs are under review (it could take 24 months). The CAF is also adopting Labour Code definition of sexual harassment and the Criminal Code definition of sexual assault.
The transfer of sexual assault cases to civilian authorities remains a significant hurdles – see the screenshots.
CDL’s 2 cents no one asked for™️: Should we need a flexible approach and let victims decide? Of course, we want informed and enlightened decision without pressure from the military police/CFNIS. (Substackie exclusive: I wouldn’t be so quick to blame the Minister’s Office and DND for the delay in the full transfer – we do not know the full story, but one thing I know about governments and bureaucracies is that turf is a significant barrier).
This is something worth approaching people with lived experience, as well as Justice Arbour and Justice Fish over. But I understand considerations for fairness and equitable treatment under the law. I am not a jurist, so I’ll leave it at that.
In terms of administrative decisions(a spicy topic!), 52 sexual misconduct-related cases between August 2015 and August 2021 in which a CO recommended released and the Director Military Career Administration decided to retain the individual are under review. This exercise of those cases will be completed in June 2024. Mme Therrien hopes that “the external review will explain the apparent disconnect and why there is such a difference of opinion as to whether or not a member should be released as a result of sexual misconduct.”
CDL’s 2 cents no one asked for™️: we have to have a conversation about their role and purpose when following a judicial process. Is it double jeopardy or just a normal process? I think the concepts of command and leadership makes this question all the more important to address.
The CAF did open transfer cases of non-criminal sexual harassment to the Canadian Human Rights Commission, and there has been training on how to handle those complaints
Discussions around the amendment of the Canadian Human Rights Act around the award of legal fees are under way. It’s a legislative process, this will take a bit more time.
No need to expand on how and why the grievance system is messed up, but here’s what’s being done: sexual misconduct related grievances are being expedited and are being referred to the Military Grievances External Review Commission. A more formal system is being explored.
The duty to report was repealed, to take fully effect within the next year. Of note, Mme Therrien writes that, in “ the coming months, "[she] will track the extent to which all CAF members and the chain of command have been informed of this significant policy change.”
CDL’s 2 cents no one asked for™️: I’d like to note someone’s comment on twitter that, until the KR&Os (or QR&Os, still?) are amended, we cannot consider the duty to report as repealed. This argument is something that I am concerned with – many service members will trust what is written in official policy and legal document over a CANFORGEN or communications. Linking here to Col (ret’d) Rory Fowler’s thoughts on the use of CANFORGEN as policy. Whether you agree or not, I think it is worth keeping in mind that folks may share this view.
The Sexual Misconduct Support & Resource Centre underwent the most significant changes: new programs, regional expansion, new name, awarding legal costs, review of their structure and greater diversity in the External Advisory Committee, the Restorative Engagement Program.
A lot of things happening on the side of victims’ rights, too - assignment of liaison officers at victims’ requests, appropriate training for justices on the Declaration of Victims’ Rights, proper training of officers before they conduct summary hearings.
The Defence Advisory Groups have now a secretariat to help coordinate, the CDS and the Deputy Minister meet with the co-chairs and reps “regularly” Shortening of enrolment times; research on how to better screen recruits; Conduct Review Boards at training facilities.
A lot of development in military education, including professionalization of instructors, improved selection processes, new training, adoption of the character-based model of leadership The External Review Board into RMC will soon be launched and will have 12 months to deliver a report.
Selection processes of GOFOs have changed to be more objective, with psychometric testing and 360 evaluations. Now the process is being applied for Maj/LCdr & Sgt/PO2 and above. An external review will come along the introduction of new tools.
Whether an individual is/ has been under investigation for conduct deficiencies is a topic that can be brought up in performance appraisal; a candidate can disclose past conduct when going through promotion/ new posting. Misconduct sheets will become a thing in 2024.
Now the selection of GOFOs includes 1 advisor (civilian) to MND, and 1 advisor (civilian) to the CDS. Analysis of why women don’t attain higher ranks and how to address it has been completed, the CAF intends on replicating the exercise to minority groups.
Many more recommendations are underway around governor in council appointments, ADM (RS) investigations, CPCC reporting to MND. The database on culture change related research came out; review into ethics approvals/ standards.
Mme Therrien notes more accountability on the part of the CAF when implementing recommendations, involving the CDS and the Deputy Minister for final sign off. She also seems very positive (albeit vague) about the multi year plan/ strategy.
CDL’s 2 cents no one asked for™️: for those incredulous about the involvement of the Deputy Minister here, I am just the messenger:
There is alignment between military education and the work of CPCC, the education system is being transformed. There seems to be a significant focus on education, as it looks like the developmental program for officer is being revamped.
CDL’s 2 cents no one asked for™️: As a student of the Somalia affairs and its aftermath, I welcome the renewed focus on education, but also am skeptical about its effects on behaviour. This is something I am willing to be wrong about.
Apparently there is an implementation plan and a cultural evolution strategy… Data needs to be prioritized if the CAF wants to have the best picture of how implementation is going
CDL’s 2 cents no one asked for™️: I may have written about it somewhere https://www.cgai.ca/culture_change_beyond_misconduct_addressing_systemic_barriers
The last paragraph of the report is my favourite: “To some extent, the process is made even more weighty by virtue of the breadth of views that are sought throughout the process as a way of managing risk. This is understandable as CAF members have been trained to consider every conceivable risk when planning a mission. But it is not necessarily a sustainable approach when it comes to change management.”
CDL’s 2 cents no one asked for™️: The CAF works well in doing consultations and considering perfect coherence with/ within policies, but runs the risk of being risk averse. It’s inherent to CAF’s culture, and that’s going to be a massive challenge.
Voilà! I hope that this is was interesting and useful. Do not be shy and reach out if you have thoughts!
Signing off,
CDL.