The Report Card:

Tracking the Implementation of the Arbour Report Recommendations

To increase transparency, accessibility and accountability, Dr. Megan MacKenzie and her research team have created this report card. The goals of this project are: 1) make the report card accessible by summarising the Arbour recommendations in plain language; 2) provide regular transparent assessments of the implementation of the recommendations; and 3) encourage accountability and measure action related to an issue that has historically ‘fallen off the radar’ in the absence of immediate scandal. Read more about the Arbour report and the history of sexual misconduct recommendations ‘gathering dust’ here.

Latest Report Card:

Notable Updates:

  • In November 2023 the second External Monitor Report detailed a number of developments with regards to the status of Arbour’s 48 recommendations, including the successful implementation of 9 additional recommendations since the Report Card’s last update in June 2023.

  • However, these results still undermine the milestones and timelines promised by Minister Blair in his December 2023 update on culture change reforms. Further, even for recommendations that have been implemented, questions remain as to the accessibility, efficacy and awareness of these changes. Read the full February 2024 update here.

  • Each of the 48 recommendations have been summarized below in plain language. A ‘grade’ is attached to each recommendation based on the action (or lack of action) taken. The report card is updated monthly.

  • Accountability and transparency is essential to ensuring ongoing commitment to this issue and that the current ‘watershed moment’ and the reviews and recommendations lead to lasting change for victims and service members.

  • Each recommendation is given one of four possible statuses:

    Not started
    Proposed
    Underway
    Complete

    Assessment is based on publicly available information on current progress and plans. Note that we grade a recommendation as ‘not started’ if further reviews are called.

    Final grades are assessed based on the following:

    A= 90% of recommendations implemented

    B= 80-89% of recommendations implemented

    C= 70-79% of recommendations implemented

    D= 60-69% of changes implemented

    F= less than 60% of recommendations implemented

Read the Recommendations and see their status:

Definitions of Sexual Misconduct and Sexual Harrasment

Military Justice

  • The current definition of "sexual misconduct" should be abolished, and instead, the CAF should focus on sexual assault, sexual harassment, personal relationship and fraternization. This was also echoed in Justice Deschamps's report in 2015. Currently, "sexual misconduct" is used as an umbrella term but does not go far enough to address serious issues. The definition as it stands now is to be abolished and replaced with a new definition, highlighted in Arbour #2.

    Status: Underway

    Following internal consultations, a revised Defence Administrative Order and Directive (DAOD) 9005-1 was consulted with internal and external stakeholders. The definition of sexual misconduct has been amended and work has begun on abolishing it from existing policies to reference sexual assault as a standalone item, linking it to the Criminal Code. The updated ‘Spectrum of Sexual Misconduct’ was to be released by December 2023, however, it is still not yet publicly available.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The new definition of sexual assault highlights that the act is deliberate, non-consensual, and sexual in nature. Further, the new policies regarding sexual assault should reflect the Criminal Code as applicable.

    Status: Underway

    In conjunction with recommendation #1, the definition of sexual misconduct has been amended and work has begun on abolishing it from existing policies to reference sexual assault as a standalone item, linking it to the Criminal Code. However, the updated ‘Spectrum of Sexual Misconduct’, announced for release in December 2023, is still not publicly available.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The CAF should adopt the Canada Labour Code definition of harassment, which is “any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.” This definition is far more understanding of what harassment is and overall is a more encompassing definition.

    Status: Underway

    The Second External Monitor’s Report announced that work is ongoing, with formal adoption of the CLC definition of harassment expected by Fall 2024.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The definition of personal relationships should remain as is, however, the current understanding of adverse personal relationships should be abolished. By abolishing the current understanding of an adverse relationship, it is understood in the Arbour report that personal relationships should be accommodated when necessary and disclosed.

    Status: Not Started

    CAF/DND are to implement Arbour's recommendation #4 and Deschamp's recommendation #5 in the definition of personal and adverse relationships. As specified in Minister Anand's report, this implementation will not direct CAF members to disclose their personal relations to their chain of command as a condition of their employment. This policy change requires an amendment to a Defence Administrative Order and Directive (DAOD). It is anticipated that official promulgation will take place in early 2025.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The CAF should not have the jurisdiction to oversee Criminal Code sexual offences, instead, they should move exclusively to the civilian criminal court system. Specifically, it would be an injustice to keep sexual offences within the CAF jurisdiction. This allows for less interference and a fair proceeding to happen. The current procedures in the military justice system fail victims.

    Status: Underway

    Minister Anand expects that CAF/DND will move forward with this recommendation. This is an ongoing process as the Minister and Military Police work with the provinces and territories to implement this recommendation. As of May 2023, Minister Anand made a statement saying that a federal-provincial-territorial committee has been in consultation with regions to end military jurisdiction over sexual offences and that there have been at least 90 cases referred as of May 2023. The Second External Monitor’s Report announced plans to introduce legislation in early 2024. However, news reports have revealed that almost half of all military sexual offence cases since December 2021 have remained with the military justice system, despite government direction that all cases be referred to the civilian system.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The DMCA should work with external resources regarding administrative reviews from 2015 to date relating to sexual misconduct, specifically for those members who did not have any career restrictions put in place. This is to be done to understand why these members were able to advance their careers despite sexual misconduct allegations and investigations. This includes understanding if and how service members were released from the CAF, ensuring transparency of administrative action following sexual misconduct, and data on how complaints are handled. Ultimately, this is to be done to ensure the best practices going forward.

    Status: Underway

    Minister Anand has directed CAF/DND to review case files as recommended by Arbour. As per the Minister's report, she states that CAF has initiated an Administrative Review Authority Panel to further review sexual misconduct administration. Fifty-two administrative files related to sexual misconduct between 2015 and 2021 have been identified in which the CO recommended release and the Director Military Career Administration (DMCA) decided to retain without any career restriction. The directorate responsible for this recommendation estimates that the review and analysis of these files will be completed by June 2024.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • There should not be any objections to section 41(1)(a) of the CHRA by the CAF. Further, the CHRC should be able to assess any and all complaints of sexual harassment or discrimination at any stage, regardless of if the complainant has exhausted all internal complaint procedures. In order to ensure timely assessments of complaints, the Minister should ensure the CHRC and the CHRT are adequately resourced and prepared to handle complaints quickly. Further, the CHRC should be able to interpret the Canadian Labour Code definition of harassment broadly, to capture the uniqueness that is the military environment.

    Status: Implemented

    In her second report, the External Monitor confirmed that this new approach has been widely communicated in several ways, including from the Minister’s office, on social media and via a CANFORGEN message.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The CHRA should revisit the awarding of legal costs and increase the amount in damages, removing the cap of $20,000 that is found in most Canadian jurisdictions. The current cap on legal costs and awarding for damages is a deterrence for victims coming forward as legal costs can be more than the award, further perpetuating the burden that victims face in the light of sexual harassment. In addition to this change, many CAF members would not be eligible for free or reduced-cost legal support in most provinces due to their income. Allowing the CHRT to award legal costs and removing the cap on damage awards ultimately will improve justice for victims.

    Status: Underway

    Given this recommendation falls under the jurisdiction of the Department of Justice, Minister Anand has brought this recommendation to the attention of the Department of Justice officials to continue to work on implementing it.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Complaints related to sexual harassment or discrimination on the basis of sex or involving an allegation of retaliation for reporting should be directed to the CHRC, but only if the complainant chooses to do so. While not all grievances will fall under the jurisdiction of the CHRC, those that do fall under should be able to proceed instead of waiting to exhaust all options internally. The CAF should not reject the jurisdiction of the CHRC, even if internal means have not been exhausted yet. Forcing victims to go through the usual chain of command, which can be an extensive and lengthy process, is an unnecessary step when the CHRC should be able to hear grievances that would typically fall under their jurisdiction in other circumstances.

    Status: Implemented

    Given this recommendation falls under the jurisdiction of the Department of Justice, Minister Anand has brought this recommendation to the attention of the Department of Justice officials to continue to work on implementing it. As with recommendation #7, the new approach allowing servicemembers to seek justice through the CHRC has been widely communicated in several ways, including from the Minister’s office, on social media and via a CANFORGEN message.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Instead of letting sexual misconduct cases to sit within the system, they should be fast-tracked and prioritized. The purpose of this recommendation is to ensure sexual misconduct cases are dealt with promptly at the IA and FA levels. Further, this recommendation is intended to remove a barrier to reporting sexual misconduct. Going outside the chain of command is intended to improve consistency and the barriers that remain to reporting. Fast-tracking sexual misconduct cases is the least that can be done to repair relationships with victims instead of making them go through the lengthy process as it stands currently.

    Status: Underway

    For recommendation #10, there are several parts and sub-recommendations that will take time to make changes to the current military grievance system. As seen in Arbour's report, the intent of this recommendation is to ensure that grievances related to sexual misconduct are dealt with efficiently at all levels, away from the victim's chain of command and to remove barriers to reporting. Similar sentiment has been echoed in previous reports as well. Going forward, Minister Anand has directed DND/CAF to analyze and propose changes to the Queen's Regulations and Orders for the Canadian Forces in line with Arbour's recommendations. Further, DND/CAF is expected to make it clearer about the reporting mechanisms and channels available to them. The CPCC has reported to the External Monitor that these grievances are now being expedited and that the new process includes a review by a subject matter expert within the office of the CPCC. In addition, these grievances are already being referred to MGERC, pending regulatory change. A more formal system will be implemented as part of the transformation of the grievance system.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • There should be several amendments regarding sexual misconduct under DAOD 9005-1. Specifically, Article 5 should be removed, which includes the duty to report. There are exceptions to this rule as it is currently practiced, with an understanding that officers do not have to report sexual misconduct. This is a problem as to counter-act under-reporting, the policies as they stand enforce the duty to report with limitations. There are no consequences for not reporting incidents, contributing to the issues of under-reporting. Ultimately, abolishing the duty to report would allow the CAF to move toward a more victim-centred approach.

    Status: Underway

    In response to recommendation #11, CAF/DND will task the Duty to Report Working Group to develop a draft policy that will exempt sexual misconduct-related offences from the duty to report. Further changes to DAOD 9005-1 will be made while examining further options for the exemption to the duty to report. This change is ongoing. DND/CAF have initiated a process to repeal the regulations on Duty to Report, expecting a Winter 2024 timeline for completion, and are strengthening and updating policies, orders, and directives to ensure appropriate reporting. As of February 2024, an external reviewer has been tasked to track the extent to which all CAF members and the CoC have been informed of this significant policy change.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The SMRC name should be changed from the Sexual Misconduct Response Centre to the Sexual Misconduct Resource Centre to better reflect the services it provides. Under the guise of a Response Centre, this has led to mass confusion that it was intended to be a centre to handle sexual misconduct and harassment reporting and data collection. While this was the original intent of the Centre in the Deschamps Report (2015), the Arbour Report recommends that the SMRC focus on victim support and concludes that changing the name will be more reflective of the services it is to provide and would clear up confusion.

    Status: Implemented

    Following Arbour's recommendation to change the name of the SMRC to be more reflective of the services it provides, Minister Anand has directed DND to implement this recommendation in a manner that better describes the services it provides. As mentioned in Minister Anand's report, DND committed to implementing the renaming process by the end of 2022. As of May 2023, the Sexual Misconduct Response Centre (SMRC) has been changed to Sexual Misconduct Support and Resource Centre (SMSRC) to better reflect the services it provides.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Consistent with the change to a Resource Centre, the SMRC needs to be reinforced to operate like a resource centre. As a resource centre, the SMRC should only interact with victims of sexual misconduct. Under the current guidance as a Response Centre, the SMRC can provide services to those in the chain of command and those who have been accused of sexual misconduct. Focusing on the victims themselves is consistent with the arguments of moving toward a victim-centred approach, and removes any real or perceived conflict of interest. By operating as a Resource Centre, the SMRC is able to provide the tools and support to those who have faced sexual misconduct, which can help them make informed decisions and learn about the processes of moving forward with complaints.

    Status: Implemented

    Recommendation #13 was accepted by Minister Anand in 2022. DND/CAF are continuing to move forward with reviewing the mandate and client scope of the SMRC to ensure that the needs of Members are being met. Following Minister Anand's announcement in May 2023, in line with the Arbour Report, this recommendation was implemented and the SMSRC is no longer responsible for monitoring CAF.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The SMRC should be treated as the 'front door' for victims seeking support and provide intermediary legal, medical and career advice, including connecting victims with appropriate resources. This recommendation emphasizes the importance of legal support to victims and concludes there needs to be immediate access to legal assistance for all victims of sexual misconduct. To ensure the legal support is free of interference, the SMRC should compile a roster of civilian lawyers should around the country who are able to provide the advice and assistance that is needed to survivors of sexual misconduct. To ensure the process is burden-free, the SMRC should prepare a fee schedule and set up direct payments to the lawyers so that victims do not have to worry about the potential costs of seeking legal advice, another potential burden that prevents victims from reporting.

    Status: Underway

    According to Minister Anand's report, recommendation #14 is underway. The SMRC is developing an Independent Legal Assistance program that will provide information, advice, and representation to victims of sexual misconduct/harassment in military and civilian courts. As of February 2024, the SMSRC has reimbursed the legal costs incurred by those who have been affected by misconduct, retroactive to 2019. The Second External Monitor’s Report announced steps to establish a legal counsel whose role will be to dispense information and advice to those who contact the SMSRC, primarily in relation to the military justice system, and also to act as a liaison with private sector lawyers. The plan is to have this person in place by March 2024.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The ownership of training and prevention of sexual misconduct should be moved to the CPCC. The purpose of this is to provide ownership to the CPCC, which is seen as the centre of expertise in aligning Defence culture with the Defence Team. This recommendation wants to provide the CPCC with more ownership in the creation of policies and implementation of training but keeps the SMRC at the centre of handling sexual misconduct complaints and supporting victims. As the experts on the topic, the SMRC should be consulted but not the sole body for information or training.

    Status: Implemented

    Minister Anand has directed the SMRC's authority of sexual misconduct training and education to the CPCC has been implemented. As mentioned in Therrien's report, this was previously assigned to the SMRC but has now been transferred to the mandate of the recently created Chief of Professional Conduct.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Monitoring the CAF effectiveness in responding to sexual misconduct should not be within the SMRC mandate, despite being considered the expertise in handling sexual misconduct. As the SMRC stated, there is a contradiction between providing support services while also monitoring their effectiveness. To be consistent with the victim-centred approach that Arbour argues for, the SMRC should not be involved in monitoring the CAF's responses to sexual misconduct. The SMRC should direct any concerns about effectiveness to the ADM(RS) to investigate allegations and monitor.

    Status: Implemented

    Minister Anand had directed DND to accept and implement this recommendation. This recommendation was implemented in May 2023. The SMSRC os no longer involved in monitoring CAF's effectiveness in responding to sexual misconduct.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The report acknowledges calls for the need for independence of the SMRC; however, the report claims that the current structure is the most effective and that there is no other viable option that would serve the SMRC mandate as well as it currently does. The SMRC still needs to operate independently but still work with the CAF to ensure awareness about the available resources to its members.

    Status: Implemented

    Following Arbour's recommendation that the SMRC should continue to report to the DM. This recommendation has been implemented and will remain that the SMSRC will report to the DM.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • As previously suggested by Arbour, the SMRC needs to be more independent in order to maintain trustworthy relationships with the members to which it provides assistance. The administrative structure needs to be reviewed to increase its independence. As mentioned in the report, the SMRC's funding and budget are reviewed by the VCDS. This should be reevaluated to ensure that the CAF has no say in how the budget and funding are created. To ensure independence, the SMRC should not be given other responsibilities that could compromise its independence.

    Status: Underway

    Minister Anand accepted this recommendation in December 2022. Currently, work is underway to ensure that the SMSRC remains perceived as independent as it is intended to be. As mentioned in Therrien's report, there is a governance review and business plan being established to ensure that the SMSRC remains independent and this is expected to be updated later in 2023. In November 2023, the External Monitor reported that much effort has been dedicated to increasing SMRC autonomy in recent months, but more work remains to be done to achieve the intent of the recommendation. Various options are being considered, and will be will reported on further in the next Status Report.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The EAC's role needs to be revisited to better support the SMRC. Originally created to provide advice and recommendations regarding Operation HONOUR, the EAC's advisory committee should be restructured to review and support the SMRC's mandate. Currently, the advisory board is made up of external experts who are recommended by the Executive Director. To better support the SMRC, the EAC advisory board should be made up of external experts and advocates for victims and survivors. Within this new advisory board, there should be adequate representation of equity-seeking and minority groups who are disproportionately affected by sexual misconduct. Further, Arbour recommends the EAC publishes annual reports, alongside the SMRC, to highlight the evolution of the SMRC. This is intended to help support the SMRC where the SMRC might feel restrained.

    Status: Underway

    This recommendation was accepted by Minister Anand in December 2022. There is currently a review being done on the EAC's role. This work is nearing completion, and the Terms of Reference are expected to be finalized by the end of this fiscal year.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The recruitment of the CAF should be restructured, specifically regarding the enrolment and basic training processes. The current structure of the recruitment process is lengthy. If there was a probationary period created, this could be used to screen out those who do not meet the expectations of the CAF, overall shortening the recruitment process significantly. Additionally, this could modernize the recruitment process. Given the time that is invested into training each member is lengthy, by shortening the recruitment timeframe to allow for more screening and an overall improved assessment of members within a probationary period, it may be easier to discharge them earlier for misconduct or not meeting expectations that it would be further into their career.

    Status: Underway

    There are significant upcoming changes in regard to recruitment, enrolment, and basic training. As outlined in Minister Anand's report, the basic military training qualification is being redesigned to build inclusive teams, focusing on character, professional conduct, individual and team resilience, and military skills. This program is also being shortened from 10 weeks to 8 weeks. Later this year, it is expected that there will be a new candidate-centred approach to the recruitment process will be launched. This new approach will include a digital applicant portal and IT infrastructure, redesigned medical and security screening processes, and improved aptitude testing. It is important to note that in Arbour's #20 recommendation, the probationary period will require legislative changes to be implemented. This portion of Arbour's recommendation will take some time to implement. As part of the CAF’s ongoing efforts at reconstitution, much attention has been given to streamlining the recruitment and enrolment processes, with a particular focus on digitalization, making the process more user-friendly for applicants, and increasing staff capacity at certain key stages of the process.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • To reduce the current burden on the CAF, there should be some outsourcing of the recruitment functions to civilian experts. As suggested by Arbour, this could allow for better recruitment and allows CAF members to continue to work within their operational duties. Another reason outsourcing recruitment could be beneficial to the CAF in the long term is currently there are no female staff members working at some of the recruitment centres. By having a far more representative and diverse face of the recruitment staff, there may be the ability to also recruit diverse members. Outsourcing might be the solution to the lack of diversity that is currently represented by the CAF.

    Status: Underway

    There has been some work already started to outsource recruitment functions as per Arbour's recommendations. Currently, there is ongoing work on comprehensive contracting strategies to outsource recruitment. This is excepted to continue throughout the 2023/2024 fiscal year. The CAF is also working with other organizations to tap into information that has already been collected. The outsourcing so far includes reference and background checks.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Consistent with the introduction of a probationary period, the CAF should create new processes to ensure that problematic attitudes on cultural and gender-based issues are dealt with early on in the recruitment phase. There should be filtering in place to deal with any problematic attitudes early on, either at the pre- or post-recruitment stages, but it should not be undealt with for long. Ruling out undesirable opinions and attitudes is one early step to preventing misconduct, simply removing the candidates in the early phases of recruitment.

    Status: Underway

    For recommendation #22, there is currently research underway looking into the best ways to satisfy this recommendation from Arbour. Work is ongoing regarding ways to improve the assessment of cognitive capacity, judgement, and character. There is currently no timeline for this recommendation to be implemented.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • To improve the training of members, the CAF should equip all schools with the best possible people and instructors. The training schools of the CAF are where cultural expectations are learned and fostered, requiring that these be taught by the best instructors possible. The CAF should prioritize training units and teaching positions, instead of allowing them to be considered a hindrance to career progression. There should be incentives for the positions, such as pay increases, promotions, or other career training. To ensure the best teachers possible for these positions, there should be an outreach to respected members and those who have shown they are good leaders to train future generations of members.

    Status: Underway

    In regard to recommendation #23, Minister Anand has directed the CAF to follow Arbour's recommendations. As outlined, CAF is continuing to incentivize and reward instructors to keep them onboard. Specific to the screening of instructors, there continues to be ongoing work to refine the screening mechanisms and evaluate any disadvantages in the process. The importance of well-suited instructors was duly noted by the CAF and several initiatives have been undertaken to promote best-fit postings to the Canadian Forces Leadership and Recruit School (CFLRS). These initiatives are being reviewed by a working group to determine common standards for instructor selection and professional development. The CAF is also reviewing incentives to help attract the best candidates.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • To assist with the incentives to Arbours recommendation #23, the CAF should assess the advantages and disadvantages of forming a new trainer/educator/instructor occupation or as a specialty within other support roles. Creating permanent training positions could add to the culture of the CAF, including attracting diversity to the CAF, as suggested by Arbour. The skills and relationships that an educator would offer have many benefits, not just to themselves but also to the CAF as a whole, with the potential for this position to be a major change to the CAF.

    Status: Underway

    CAF is to evaluate the feasibility, including the advantages and disadvantages, of forming a new trainer/educator instructor position. A working group is being assembled for this recommendation, and program development is ongoing. There is no timeline set for this recommendation.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Consistent with Arbours recommendation #22, there should be a new process put in place to remove any trainees at the early stages of recruitment or training who are clearly unable to meet the ethical and cultural expectations of the CAF. While the CAF may be under pressure to retain as many members as possible, the ultimate goal of the CAF should be to keep only the best recruits instead of allowing those who clearly do not meet ethical and cultural expectations to stay. In line with previous recommendations, the CAF should implement a probationary period policy in order to weed out those who will not be able to meet the expectations early on.

    Status: Underway

    With the improved recruitment and training procedures, it is expected that CAF will be able to screen out those who are unable to meet the ethical and cultural expectations of CAF. Minister Anand has directed DND/CAF to pursue the creation of a probationary period to ensure problematic views and culture are screened out. As of February 2024, the plan is to use existing measures such as the initial engagement contracts, which typically last between one and three years, as a “defacto” probationary period. A new recruiting trial initiative will contribute to this, along with the establishment of a working group to standardize Conduct Review Boards across all CAF training establishments. No timeline has been offered for this recommendation.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Allowing CAF members to be seconded into the private sector and government departments ultimately will benefit the CAF in the long run. When members are able to work and gain experience in the private and government sectors they have new perspectives and knowledge that in return will benefit the CAF. Having members and employees who come from a variety of backgrounds and experiences will improve the culture of the CAF. This is invaluable knowledge that the CAF should seriously consider implementing for CAF members.

    Status: Not Started

    The report from Minister Anand states that the CAF is currently exploring the possibilities of allowing CAF members to be seconded into the private sector, acknowledging there are many benefits that could come from this. The Second External Monitor’s Report states that some steps have been taken in this regard, such as updating the secondment inventory and identifying which GOFO specialist positions within DND/CAF would benefit from exposure to external organizations, either other government departments or the private sector. There is no timeline for this to be completed and implemented.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • After previously treating the Deschamps report as a checklist, the CAF should be fully committed to implementing it in regard to training related to sexual offences and harassment. To date, the recommendations from Deschamps have not been implemented fully or as intended. As Arbour describes, the CAF needs to work to improve the effectiveness of training related to sexual offences, misconduct, and harassment. There needs to be more than just online modules. Training should be a combination of modules and integrated practices. Further, training needs to come from field experts instead of relying on the chain of command to implement proper training.

    Status: Underway

    Minister Anand stated in her December 2022 report that CAF should fully implement all remaining recommendations from the Deschamps' report. The CPCC is to become responsible for training, which is in line with the previous recommendations from Deschamps and the new recommendation from Arbour. As of February 2024, little further information has been offered on this recommendation.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • As described in the report, Arbour has found that the Cadet Wing has outlived its purpose and is now doing more harm than good. The instilled values in the Cadet Wing are damaging and undermining the potential to change the culture of the CAF from within the RMCs. There should be a move towards new, modern values, through better means.

    Status: Underway

    There have been some changes to the Cadet Wing and their role in the RMC's. There have been changes to the recruitment and selection processes, training and mentorship, and supervision of senior cadets. Notable though in Minister Anand's report is that they find the immediate removal of the CCoR would be detrimental to cadets, depriving them of military leadership experience. In December 2023, a Colleges Review Board was launched and the panel will have 12 months to provide its report. This report will include recommendations for both recommendation #28 and #29.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Due to the systemic problems that remain within the culture of the RMCs, there should be a serious consideration for if it would be worthwhile to continue to educate cadets at the military colleges. There are serious concerns within the structure and culture of the RMCs that warrant questioning if they are vital to the future of the CAF. Having students attend civilian universities instead of the RMCs might be beneficial, similar to Arbour's recommendation #26. In the meantime, the CAF and CPCC should work with the RMCs to address the systemic cultural concerns regarding sexual harassment and misconduct that are running throughout the RMCs.

    Status: Underway

    Minister Anand has directed that the final implementation should be informed and determined by the work of the review panel that is to be established in this recommendation. Further, the work of this recommendation is to commence in 2023 at an undetermined date, to look into how the systemic problems of the RMC need to be changed and how to move forward with progress. A review of RMC Kingston and RMC St-Jean has been ordered and is underway. In December 2023, the Canadian Military College Review Board was launched to oversee the Royal Military Colleges. The Board will provide a final report for this recommendation by December 2024. This will include not only recommendations, but a plan of execution if substancial changes are ultimately recommended.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • When members are being praised it should be confirmed, to the best of their abilities, that the member is not being subject to any investigations at the moment regarding criminal, disciplinary, administrative or sexual misconduct. If any allegations come to be known, they should be disclosed as long as the information would not compromise the investigation. This is to strengthen the integrity of the system itself, ensuring those members who are under investigation are made aware to the system. As Arbour suggests, this is not to say that members under investigation do not get promoted, but to make allegations and information visible. The PAR system puts too much emphasis on performance and not enough on the conduct of members.

    Status: Implemented

    In relation to the recording of conduct deficiencies, the Minister directed the CAF to take account of completed investigations in the performance evaluation process and to take account of ongoing investigations as a factor in determining suitability for promotion. Early in 2023, a directive was issued in relation to the performance evaluation process stating that “comments shall be made on members who, during the reporting period, are subject to administrative or disciplinary action for a conduct deficiency, or conduct deficiencies, or convicted of a civilian offence”.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Building off of recommendation #30, Arbour is worried about how selection boards do not have full access to a member's complete personal record. To mitigate this, the board should have access to all serious misconduct, at minimum any convictions that are under the Criminal Code, including but not limited to sexual misconduct. The CAF should create policies and procedures for selection boards regarding how to evaluate past misconduct and how to include this in decision-making. For convictions that have been suspended, these should be removed from the member's personal record.

    Status: Underway

    The November 2023 Second External Monitor’s Report stated that a ‘past misconduct form’ will require commanding officers to certify that they have reviewed the personnel file and conduct sheets to determine the presence or absence of conduct deficiencies. The IECR further recommended that the relevant policy include provisions for rehabilitation and the removal of criminal convictions for which a suspension has been granted. The CAF has recently developed a framework to provide guidance to leaders at all levels with respect to the reintegration of the accused. Implementation of this ‘past misconduct form’ was announced to come by Fall 2024.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • When Arbour was writing the report, there were only 15 women out of 140 GOFOs. Of the 15 women, only one was a black woman and one was Indigenous. To correct this vast over-representation of white men in the GOFO ranks, the Minister should be supported by a civilian advisor who is not a member of the Defence Team, who would act as an advisor to the Minister. Further, the Minister should consult with the CDS to understand what efforts are being made to have fairer promotion protocols and efforts to correct the over-representation of white men. Currently, the GOFOs are not reflective of the diversity that is Canada or the CAF.

    Status: Implemented

    Various options have been studied and the Minister has decided to formalize changes that were introduced in 2021 to the promotion process. These changes include the participation of two civilians: one, a senior Defence Team voting member who sits on the national selection board and the other, a contracted third-party interviewer who provides written input to the CDS. The contract provides for the Minister to be able to discuss with the contractor anything that arises out of the interview process, if required. While this external assistance is now available to the Minister, efforts being made to correct the over-representation of white men in GOFO ranks are ongoing.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • It is important for senior leaders to embody the values that the CAF is trying to get rid of. For this, there needs to be a 360-degree review in the promotion of GOFOs to weed out any who do not embody the values of the CAF and to end the damaging culture that remains. Only those who demonstrate the core values of the CAF should be the leaders. To ensure this, an external expert should be reporting to the Minister about the efforts and promotions that are happening.

    Status: Underway

    The November 2023 External Monitor’s Report announced that anyone being considered for a promotion to the ranks of General and Flag Officer now undergoes three separate psychometric tests designed to evaluate leadership skills, cognitive ability, reasoning skills and dimensions of character. Those selected for further consideration undergo another assessment that is based on feedback from multiple evaluators (360 degree). These tools have now been used for annual promotion cycles in 2022 and 2023, and again for the promotion cycle currently underway. The CAF is working on a contract for an external review as per this recommendation, but it cannot begin until the CAF has settled on a new set of assessment tools. The current suite expires in March 2024.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Similar to recommendation #33, the new processes for GOFO should be expanded to all candidates being considered for promotion of lieutenant-colonel/commander or above, or to the rank of chief warrant officer/chief petty officer 1st class. This is the least that could be done to ensure that only those who embody the values and culture of the CAF are being promoted.

    Status: Underway

    In relation to recommendation #33, these tools have now been used for annual promotion cycles in 2022 and 2023, and again for the promotion cycle currently underway. The CDS has directed that a similar process be applied to the ranks of Major/Lieutenant-Commander and Sergeant/Petty Officer Second Class and above. In the meantime, the CAF will consider other evidence-based tools that it could employ for ranks below GOFO, such as an adaptive personality test currently being developed by the internal research team.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • To strengthen the integrity of the system, the PaCE system should include a self-certification or disclosure requirement on the PAR for those who are being considered for promotion. This would strengthen the integrity of the system and the trust of the member to self-disclose that they are not currently being subjected to any current or prior investigations for allegations. As Arbour suggests, this would increase the understanding of the seriousness that these allegations have and that there is no room for these in the CAF.

    Status: Underway

    The November 2023 External Monitor’s Report announced that candidate’s self-certification regarding past conduct issues will be linked to the promotion and appointment process rather than the performance evaluation process. The CAF has determined that this approach will meet the intent of the recommendation, while maintaining a commitment to due process where allegations have not yet been investigated or closed. The ‘Promotion/Appointment Screening’ form is currently being drafted and the anticipated promulgation date is Summer 2024.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • As many of the high-ranking positions are led by men, the CAF should establish a system of progressive targets for the promotion of women in order to increase the representation of women in each rank. While there has been previous pushback about installing special programs to promote women in the Forces, the reality is without establishing quotas, women will not make up the goal of 25% of the CAF and will continue to be underrepresented in higher ranks. The fewer women that are in the higher ranks of the GOFO will continue to not reflect the reality that is Canada. The CAF should establish a system to meet the progressive target of 25% by 2025 and to get women into higher-ranking positions while abolishing the stereotype that these special programs are not to be taken seriously and that their qualifications will be questioned in a system like this.

    Status: Underway

    DND/CAF are committed to employing more women, racialized, Indigenous, people with disabilities and members of the 2SLGBTQ+ communities. The Minister has directed DND/CAF to develop a plan to ensure that equity groups are hired. The CAF Employment Equity Plan has been created to increase the representation, inclusion, and participation of all under-represented groups. This process is ongoing and they recognize that it is more than just numbers, it is about ensuring everyone feels welcome and the current culture does not account for this. See Minister Anand's comments about this recommendation in more detail in her report. As of February 2024, the CAF has completed a comprehensive analysis of the reasons why women are not equally represented at senior levels of the organization and is considering how to address this. In addition, a forecasting tool has been developed to model the outcome of various representation targets. The CDS has launched a proactive exercise with his Commanders to manage the talent over a 10-year horizon of those women with the potential to become future leaders of the CAF. There are plans to replicate this process for other minority groups. Challenges remain as to assessing the full implementation of this recommendation.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The CAF is currently reviewing the universality of service, but this is limited in scope if a GBA+ lens is not applied to the review. The CAF should be reviewing the universality of service through a GBA+ lens to ensure that women and sexual misconduct victims are being fairly treated, with an understanding of their particular situations and risk factors. A GBA+ lens is essential to the equality of women and sexual misconduct victims in the CAF. Women and sexual misconduct victims need to be accommodated. As Arbour states, "in my view, promoting a gender-blind embrace of diversity is likely to become a self-fulfilling prophecy of failure, as formal, rather than substantive equality always risks doing"

    Status: Underway

    The Minister accepted this recommendation and has directed DND/CAF to undertake work to implement a GBA+ analysis of the universality of service for women in the CAF. Input in key areas for the GBA+ assumptions has been sought from departmental subject matter experts, including defence scientists, health sciences personnel, the CAF Transition Group, the CMP Gender Advisor, as well as an external expert. A 2023 two-day policy testing exercise involving numerous stakeholders used scenarios to challenge the policy language and identify any policy gaps. At least one of the scenarios involved a case of sexual misconduct. Consultations and revisions continue to occur in preparation for policy drafting. However, as noted in Minister Anand's report, it is anticipated that the updated policy will be ready in the next few years, with no specific timeline.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Currently, there are no established consistencies among all branches of the CAF to address misconduct among those who are being considered in succession planning. As Arbour describes in more detail, it is only the RCN that has a framework in place to look at sexual misconduct among those who are being considered in the succession planning of the Navy. The RCN approach should be adopted by the other branches of the CAF to establish a consistent approach to broader succession planning. This would help establish across all branches that there are issues that are plaguing the CAF and one way to address them is by establishing a culture where sexual misconduct is not tolerated.

    Status: Underway

    In response to this recommendation from Arbour, Minister Anand has directed DND/CAF to create and develop a CAF-wide policy that addresses misconduct. It is important to note there are some flaws in the current RCN policies, as they only go so far to only look at officers who have faced removal due to a conviction, misconduct or performance. A new succession planning policy, to likely include the RCN ‘incident review list’, is currently being reviewed and will be promulgated in late 2024.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The CAF would benefit from including independent civilian members who are not connected to the Defence Team to work on the appointments and promotions of members. Outside perspectives can provide insight and expertise to the board that might not otherwise be available to those who are associated with the Defence Team. This is intended to help keep the succession plans current and reflective of the realities of Canada.

    Status: Not Started

    CAF is currently evaluating options for this recommendation. Going forward, CAF will be conducting an options analysis to identify appropriate mechanisms that ensure necessary external participation on succession boards. Special consideration is being given to ensuring that retired CAF members are not on these boards, even as independent contractors. It is understood this recommendation only pertains exclusively to succession planning and not annual promotions. More specifically, as noted in the Arbour Report, succession planning pertaining to women needs to ensure that women are not being discriminated against by succession boards in this process. This recommendation has been announced for implementation in 2025; in the interim, the Acting/Chief Military Personnel has issued a CANFORGEN which states that succession boards should, as a minimum, include a member from a different environment and that this member should be of equal or higher rank and not in the chain of command of another board member.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Women should be a priority in succession planning. To do this, the CAF should apply a GBA+ lens to the planning, ensuring women are not directly or indirectly discriminated against in succession planning, considering factors including but not limited to maternity leave for example. Women should not be missing out on opportunities that are unique to women and instead should be considered in succession planning.

    Status: Underway

    The CAF has reviewed its career policies and procedures to identify potential barriers for women. A new succession planning policy will be promulgated in late 2024.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Given that the ADM(RS) plays an active role in providing input and support, the ADM(RS) role should be increased to update the Minister about all ongoing investigations. This keeps the minister up to date about all active investigations and any other concerns regarding the Defence Team.

    Status: Implemented

    To address the recommendation that the Minister should be briefed directly on all investigations relating to sexual harassment, sexual misconduct and leadership culture in the Defence Team, CPCC will include in its statistical report(s) to the Minister, all Assistant Deputy Minister (Review Services) (ADM(RS)) administrative investigations that contain an element of sexual misconduct. In addition, the ADM(RS) will report annually to the Minister on statistics and activities relating to investigations under DAOD 7026-1, in line with what is required under the Public Sector Disclosure Protection Act (PSDPA). The inaugural annual report on administrative investigations was submitted to the Minister in August 2023 and covered the fiscal year 2022-23. ADM(RS) also provides the DM and CDS with a quarterly dashboard of the same information and is prepared to brief the Minister immediately on any administrative investigations should the decision be made to do so.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • In line with updating the Minister on all active investigations, the ADM(RS) should report annually to the Minister regarding statistics and activities related to investigations under the DAOD 7026-1, which is what is required under the PSDPA. DAOD 7026-1 is the Management of Administrative Investigations, which covers allegations of administrative irregularities, impropriety, mismanagements or other irregularities regarding the DND and CAF. The PSDPA covers any wrongdoing by public servants. Reporting to the Minister about any violations of either guideline is essential.

    Status: Implemented

    Similar to recommendation #41, CPCC now includes in its statistical report(s) to the Minister, all ADM(RS) administrative investigations that contain an element of sexual misconduct. In addition, the ADM(RS) will report annually to the Minister on statistics and activities relating to investigations under DAOD 7026-1, in line with what is required under the Public Sector Disclosure Protection Act (PSDPA). The inaugural annual report on administrative investigations was submitted to the Minister in August 2023 and covered the fiscal year 2022-23.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • To ensure accountability, the Executive Director and SMRC should be able to direct the ADM(RS) to conduct administrative reviews that are relevant to the SMRC mandate. With this recommendation, the SMRC could alert the ADM(RS) about a case or concern, directing them to look into the matter further.

    Status: Implemented

    As stated in the Second External Monitor’s Report, SMSRC and ADM(RS) have worked together to create standard operating procedures that include the types of investigations that can be referred, and the mechanism to be used to facilitate the referral.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • For the GIC appointments that require individuals to be members of the CAF at the time of their appointment, there should be a consideration to remove any legal impediments, including privacy concerns, that hinder access to personnel files in the CAF. Allowing access to personnel files is vital for the integrity of GIC appointments.

    Status: Implemented

    The established DND/CAF mechanism for removing legal impediments to PCO’s review of documents is to have the candidate(s) sign a consent form for the review of their personnel records and police records check. In addition, current CAF candidates have been required to proactively disclose any administrative or disciplinary action (in addition to that already contained in the applicant’s service records), or any convictions for civil offences.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The CPCC should create an online database with all research and policies relating to sexual harassment and misconduct, gender, sexual orientation, race, diversity and inclusion, and culture change. This database should be accessible to the public, except for documents requiring security clearance. Documents that require security clearance should still be listed in the database, with the ability to request them pending approval. These documents should be accessible to the public, academics, and journalists.

    Status: Implemented

    In October 2023, in response to this recommendation, the Minister announced the launch of an online Conduct and Culture Research and Policy Database. As announced, the database lists approximately 70 research papers and provides links to 80 policies and directives on a range of topics including sexual misconduct, diversity and inclusion, and women in the military. The research products include scientific reports and reference documents on these topics. The External Monitor continues to track updates to the database.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • Academics play a vital role in the production of knowledge and reporting on the CAF, which is why the QR&O of article 5.2 of the DAOD 5062-1 needs to be reviewed. Currently, the QR&O can muzzle CAF members who participate in research, which hinders academic research (Arbour, p. 300). The QR&O should be reviewed and not perceived as a muzzle to CAF members. Further, the CAF should wave the SSRBR ethics review of external proposals that have already been approved by the Research Ethics Board of academic institutions. Research proposals undergo extensive reviews at universities before being approved, meaning the Research Ethics Board have done their due diligence before approving the research to start. The SSRRB is an unnecessary requirement to force research that has already been approved by an academic institution.

    Status: Underway

    Following the Minister's direction, DAOD 5061 and 5062 are being reviewed and updated. The External Monitor has noted this is a lengthy process. As of February 2024, a CANFORGEN is being prepared for release which will provide additional context for CAF members in order to support their full participation in external research. In addition to a survey directed at academic institutions, the military personnel research team hosted a half-day session in late 2023 with academics and other researchers to discuss how the process could be improved. In consultation with the academic community and scholars, the SSRRB will move towards a more hybrid approach to streamline the review process and facilitate external research, while still operating within the TCPS 2 requirements. Minister Anand's report believes this will still achieve the intended outcome recommended by Arbour.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The Minister should inform Parliament by the end of the year of the recommendations that she plans to implement and those she does not intend to. She should address why she does not intend to implement recommendations, outlining the reasons that are preventing some recommendations not being implemented, and the status of implementing others.

    Status: Implemented

    On December 13th, 2022, Minister Anand tabled her report and informed Parliament that she plans to implement and accepted all 48 of Arbour's recommendations. Further, Minister Anand reported that she has directed the CAF/DND to move forward with the recommendations of the report and is committed to ensuring they are implemented. In the announcement, Minister Anand stressed that the changes will take time.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

  • The Minister should appoint an external monitor to oversee the implementation of the recommendations in Arbour's report. The monitor should be allowed to create the team of their choosing to assist with this task. All documents should be available to the external monitor and their team. In addition to overseeing the implementation of this report, the team should produce monthly reports for the Minister, outlining the assessment and advice, with reports being made available to the public bi-monthly.

    Status: Implemented

    Minister Anand appointed Jocelyne Therrien as the external monitor on October 19th, 2022. Therrien has previously audited other federal departments and entities and reviewed harassment within the RCMP. As suggested by Arbour, the external monitor should work with a small team to produce monthly reports for the Minister and publish biannual reports for the public. On May 2, 2023, Jocelyne Therrien released her first bi-annual public report. On November 7, 2023, she released her second report.

    This is a plain language summary. For original wording, read the Independent External Comprehensive Review.

Administrative Action

Complaints

Military Grievance System

Duty to Report and Barriers to Reporting

Victim Support and the Sexual Misconduct Resource Centre (SMRC)

Recruitment

Military Training and Professional Military Education

Military Colleges

Human Resources

Input and Oversight