Key Progress Marred by Renewed Delays and Bureaucratic Challenges in the Work Against Military Sexual Misconduct: December 2024 Arbour Report Card Update.

The Canadian Armed Forces has been plagued by high profile sexual misconduct cases and a class action lawsuit that revealed widespread and systemic sexual violence within the ranks. Justice Arbour’s 2021 review followed a public reckoning over systemic sexual misconduct in the CAF, including 13 high-profile cases and a class-action lawsuit. Since then, the CAF and Department of National Defence (DND) committed to implementing all 48 recommendations. 

Three years later, the most recent External Monitor report on the implementation of these 48 recommendations shows mixed progress and some signs of backsliding. Keeping track of the implementation of these recommendations is essential to ensuring the CAF doesn’t fall back into the trap of calling for external reviews and then failing to fully implement the recommendations. This update reviews progress over the past six months, with more details on the recommendations available here.

There have been some encouraging steps. Notably, recommendations #1 and #2, which refine definitions of sexual misconduct and harassment, are now aligned with the Criminal Code. The CAF has also introduced a new Sexual and Gender-Based Violence Spectrum to clarify these terms. Recommendation #11, on abolishing the duty to report, saw significant progress with a June 2024 policy shift empowering victims to decide whether to report, a move toward a more trauma-informed approach. Explicit detail on the repeal can be found here.  

However, there’s a major setback: the CAF has decided not to fully implement recommendation #39, which called for diversifying boards overseeing promotions. Instead of independent civilian oversight, the CAF opted for internal members, raising concerns about transparency and commitment to change at the highest level of decision making and recruitment. 

This hesitance is echoed in the EMR and comments from Minister Bill Blair, who hinted at narrowing the implementation plan due to limited resources. While this might seem pragmatic, it risks signaling a loss of momentum and dedication. Bureaucratic hurdles and reliance on external actors are also delaying other key recommendations, such as overhauling databases (recommendation #10).

Minister Blair claims 22 recommendations are complete, with all expected to be addressed by the end of 2025. Yet, this timeline conflicts with the EMR’s findings and is not consistent with a narrative about prioritization. As we move into 2025, this report card will continue tracking whether the CAF and DND remain accountable to their commitments or begin fast-tracking some recommendations at the expense of others.

See the full updated Report Card here.

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