Introduction

Workplace harassment, including sexual harassment, remains a significant problem in Canadian society, particularly for women.[1] In March 2015, the External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces (the Deschamps Report) described “an underlying sexualized culture in the CAF [Canadian Armed Forces] that is hostile to women and LGTBQ members, and conducive to more serious incidents of sexual harassment and assault.”[2] According to the results of Statistics Canada’s 2018 Survey on Sexual Misconduct in the Canadian Armed Forces, 75% of women, 70% of men and 76% of gender diverse individuals in the Regular Force had witnessed or experienced sexualized or discriminatory behaviours in the 12 months preceding the survey.[3] Furthermore, women in the Regular Force and the Primary Reserve are more likely than man to experience sexual assault in the military workplace or involving military members: 4.3% of female Regular Force members reported having been victims of sexual assault in the 12 months preceding the survey, compared to 1.1% of male Regular Force members,[4] and 7% of female Primary Reserve members reported having been victims of sexual assault in the 12 months preceding the survey, compared to 1.2% of male Primary Force members.[5]

Recognizing the importance of fostering a safe and inclusive workplace free of harassment, violence and discrimination for individuals who join the military and serve their country, the House of Commons Standing Committee on the Status of Women (the Committee) agreed on 19 June 2018 to undertake a study on the treatment of women within the Department of National Defence (DND). The Committee adopted the following motion:

It was agreed, – That, pursuant to Standing Order 108(2), the Committee undertake a study that is four to six meetings in length on the treatment of women within the Department of National Defence; that the Committee use a gender-based lens to examine the prevalence of sexual harassment, and whether the current actions, programs and resources provided by the department are adequate to combat sexual harassment in the armed forces; that the Committee report its recommendations and findings to the House; and that the government provide a response to the recommendations made by the Committee.[6]

The Committee received testimony from 20 witnesses: nine of whom appeared as individuals, four who represented three organizations and seven who were representatives of DND. The testimony was received during five meetings held between 7 May and 28 May 2019. Appendix A includes a list of all witnesses.

This report focusses on the following elements:

• the need for cultural change within the CAF, including the need for training and education for CAF members on matters relating to sexual misconduct;
• the reporting and resolution processes for sexual misconduct incidents;
• supports and services available to victims and survivors of sexual misconduct, including health care services and family-related supports and services; and
• the recruitment and retention of women in the military.

The Committee would like to acknowledge the work done by DND and the CAF in recent years to try to eliminate sexual misconduct. However, much work still needs be done to ensure all individuals in the CAF enjoy a safe and healthy workplace. The Committee’s report intends to provide guidance to the Government of Canada on measures that could be implemented to help eliminate discrimination, violence and harassment, including sexual harassment, in the CAF.

Committee members greatly appreciate the contributions of witnesses who offered their time, knowledge and ideas to the Committee during its study, particularly those who courageously shared information about their experiences in the CAF.

Creating Cultural Change to Eliminate Sexual Misconduct

The Committee heard testimony that was consistent with the findings of the Deschamps Report: many witnesses described a sexualized and male-dominated workplace where a culture of abuse, discrimination and harassment based on gender, gender expression and sexual orientation exists.[7] Women and individuals who identify as lesbian, gay, bisexual, transgender, queer, two-spirit or as other gender identities and sexual orientations (LGBTQ2+) are disproportionately affected by sexual misconduct and harassment in the CAF.[8] The Committee was told that, although there is a belief that the CAF is a “gender neutral” workplace, it is not the case. While women can perform brilliantly in military roles, some do so by conforming to and adopting “highly masculine behaviours and, for some, masculine world views, attitudes and values.”[9] For this reason, witnesses stressed the need for cultural change to create a more respectful and inclusive workplace for all CAF members.[10] Michelle Douglas, Chair of the LGBT Purge Fund, said:

I believe that the military's policy regarding inclusion, particularly towards women—both cisgender women and transgender women—is actually quite good. The military has, of course, all of the things that they must have: pay parity, access to career paths, family support and so on. The establishment of the Sexual Misconduct Response Centre is a good thing and so was the establishment of Operation HONOUR. Now what we know, though, is that policy is vital, but practice counts.[11]

To achieve cultural change, witnesses stressed the importance of strong leadership.[12]

Representatives from DND described some of the initiatives undertaken by DND and the CAF to respond to the issue of sexual misconduct. In response to the 2015 Deschamps Report, the Chief of the Defence Staff launched Operation HONOUR to “eliminate harmful and inappropriate sexual behaviour within the CAF.”[13] Operation HONOUR has four lines of effort: understanding the issue of sexual misconduct, responding more decisively to incidents, supporting those affected more effectively and preventing incidents from occurring.[14] A representative from DND told the Committee that although the CAF is committed to changing the culture within the military and has made progress in implementing the recommendations of the Deschamps Report, “sufficient progress” has not been made in all areas.[15] The CAF considers that it has fully implemented two of the 10 recommendations of the Deschamps Report: acknowledging the problem of sexual misconduct and addressing the problem of sexual misconduct; as well as simplifying the resolution process for cases of harassment.[16] As well, the CAF considers it has achieved the intent of a third recommendation: to allow “victims of sexual assault to request the transfer of the complaint to civilian authorities.”[17] The Committee was told that victim support is the principal focus for the next stage of Operation HONOUR.[18] However, witnesses indicated that Operation HONOUR is not as effective as it could be and that CAF members need to receive more training regarding the initiative and its goals.[19]

The Committee heard about other initiatives developed by DND and the CAF to help change the culture within the military and create a safe and healthy work environment for CAF members. For instance, the Respect in the Canadian Armed Forces workshop is an initiative facilitated by civilian experts that allows participants to “look at everything from unconscious bias as it affects decision-making to how to consider the position of those affected by sexual misconduct and incidents.”[20] As well, the CAF’s new campaign plan intends to focus its efforts in areas such as prevention, engagement, policy development, cultural change and victim support. The plan “will be informed by advice from external experts” and “have clear lines of efforts, as well as dedicated resources to ensure success.”[21] In addition, representatives from DND indicated that CAF members receive Gender-based Analysis Plus (GBA+) training throughout their careers[22] and that individuals at the Canadian Forces Leadership and Recruit School receive 40 hours of training on Operation HONOUR and CAF ethics and values during their 10‑week training program.[23] The CAF also created gender advisor positions; the advisors report to their commanders on gender and diversity issues.[24]

More generally, witnesses shared observations, suggestions and recommendations regarding training offered to CAF members and possible improvements that would make the CAF a more inclusive and respectful workplace. The Committee was told that training offered to CAF members should:

• involve experts in the provision of training; ideally, training would be offered by both a man and a woman together;[25]
• be ongoing and available at all levels in the chain of command;[26]
• include information on bystander intervention in cases of harassment or sexual misconduct;[27] and
• focus on the principles of equality, diversity and human rights[28] and cover the history of marginalized individuals in the CAF, such as those who identify as LGBTQ2+.[29]

Witnesses also suggested holding round tables or town halls instead of regular training sessions.[30] As well, Alan Okros, who appeared as an individual, indicated that individuals in positions of power within the CAF must be equipped to deal with issues relating to misconduct and harassment and know how to use their power in a way that does not further marginalize women or other minorities.[31] Finally, it was suggested that working groups, pride networks and positive space campaigns be created to ensure that CAF members who identify as LGBTQ2+ can access relevant resources, and that all CAF members can seek advice and guidance on how to positively support and engage with their colleagues identifying as LGBTQ2+.[32]

Witnesses emphasized the importance of incorporating GBA+ and Sex and Gender-Based Analysis (SGBA) across all CAF initiatives, policies, programs and research.[33] DND officials stated that GBA+ can help “how things work for everyone in the defence team”[34] and shared some positive outcomes from applying GBA+ to CAF policies, such as purchasing specific undergarments for female CAF members or changing some training requirements so that women do not suffer from preventable injuries.[35]

To help create cultural change and eliminate sexual misconduct in the CAF, the Committee recommends:

Recommendation 1

That the Government of Canada clarify behavioural expectations in relation to misconduct, including the legal consequences of such conduct, to potential recruits of the Canadian Armed Forces and provide training to members of the Canadian Armed Forces at all levels.

Recommendation 2

That the Government of Canada provide mandatory comprehensive sexual harassment training for all Canadian Armed Forces members and recruits, with training follow-ups on a regular basis.

Recommendation 3

That the Government of Canada provide mandatory comprehensive awareness training regarding lesbian, gay, bisexual, transgender, queer, two-spirit and other gender identities and sexual orientations questions for all Canadian Armed Forces members and recruits, and that this training be incorporated into regular roundtable discussions in each Canadian Armed Forces department and unit.

Recommendation 4

That the Government of Canada implement all 10 recommendations of the 2015 External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces.

Rethinking the Reporting and Resolution Processes of Sexual Misconduct Cases

The Committee heard concerns about the reporting and resolution processes of sexual misconduct cases in the CAF. Some witnesses said that they felt their complaints were not taken seriously by their chain of command, that consequences for offenders were light or that they felt they were retaliated against, including not being considered for promotions.[36] As well, some witnesses reported that their complaints were inappropriately handled by their chain of command, that they perceived conflicts of interests, or that alleged perpetrators were involved in the investigation or resolution process of their complaints.[37] Paula MacDonald, who appeared as an individual, stated:

I voluntarily released from the service because my chain of command refused to reasonably address the behaviours of superiors who discriminated against my abilities and sexually harassed and objectified me. I was subjected to increasing levels of violence from service members who behaved inappropriately, and I left to protect my physical safety.[38]

To that point, a representative from DND told the Committee: “[I]f there is a case where someone in the chain of command is alleged to have committed an act, they will be removed and the focus is on supporting the person through the process.”[39]

As well, witnesses stated that the duty to report misconduct for CAF members makes it difficult for individuals who experience violence or harassment to come forward.[40] Marie‑Claude Gagnon, Founder of the organization It’s Just 700, explained that the duty to report is “extremely isolating because if you talk, things will take place without you wanting it.”[41] Victims and survivors might not want the incidents to be formally reported. Alan Okros recommended that the duty to report be transformed into a “duty to respond” for a witness or person told about a misconduct incident.[42]

Some witnesses stated that the military does not have the expertise to respond adequately to sexual misconduct, including to sexual harassment.[43] To improve the reporting and resolution processes of sexual misconduct cases in the CAF, the Committee was told that there is a need to involve experts to address this violence[44] and to have an external and independent entity dedicated to investigating cases of sexual misconduct, as recommended in the Deschamps Report.[45] Marie-Claude Gagnon said:

No entity should be policing itself. It never works. It never has and it never will. Unless the Deschamps commission is fully implemented with complete external and independent oversight, a deep knowledge of the military and its structures and challenges, as well as an ability to hold the military and National Defence accountable for oversight, as I stated previously, I can't foresee impactful results for women.[46]

A representative from DND told the Committee that “the role of the chain of command within that organization is absolutely essential” and that “[h]aving a complaint system that is completely external to the chain of command would certainly be challenging.”[47]

Witnesses also stressed the need for support, including financial support, for individuals who are engaged in legal proceedings in relation to sexual misconduct in the CAF.[48] Paula MacDonald told the Committee: “The Canadian Armed Forces are represented by the Attorney General's office. They have publicly funded legal representation.… I have to fund that all on my own, whereas the perpetrators have unlimited funding for their legal expenses paid for by the country. I find that to be unfair.”[49]

Furthermore, witnesses highlighted problems with the grievance process. The Committee was told that the Canadian Human Rights Commission (CHRC) can hear cases only when internal CAF grievance procedures have been exhausted, which can take years.[50] Natalie MacDonald, who appeared as an individual, recommended eliminating section 41.1(a) of the Canadian Human Rights Act to allow individuals to choose whether they want their cases to go through the internal grievance system or the CHRC.[51] However, a representative from DND said that “[a]bsolutely nothing prevents a CAF member from going directly to the [CHRC] and making a complaint.”[52]

To help improve the reporting and resolution processes for sexual misconduct in the CAF, the Committee recommends:

Recommendation 5

That the Government of Canada ensure that the definitions of harassment and sexual assault, including all forms of sexual misconduct as defined by the Canadian Armed Forces, are used consistently in the Canadian Armed Forces and are consistent with the definitions of criminal harassment and sexual assault in the Criminal Code.

Recommendation 6

That the Government of Canada ensure that any member of the Canadian Armed Forces who wishes to file a complaint of harassment or discrimination can file it through the Canadian Armed Forces’ internal grievance system or through the Canadian Human Rights Commission; that Canadian Armed Forces members are aware of these options; and that the resolution process of the Canadian Armed Forces member’s complaint be resolved within a defined timeframe.

Recommendation 7

That the Government of Canada ensure that the person assigned to adjudicate cases of sexual misconduct in the Canadian Armed Forces is not part of the chain of command of the alleged victim.

Recommendation 8

That the Government of Canada consider ways of providing funding for, or indemnifying, members of the Canadian Armed Forces for the cost of legal representation incurred during administrative dispute resolution proceedings within the Canadian Armed Forces.

Increasing Supports and Services for Members of the Canadian Armed Forces

The Committee heard that supports and services offered by the CAF do not always meet the needs of women, particularly of women who experience sexual misconduct, and of families. Witnesses addressed three categories of supports and services where improvements could be made: supports and services for victims and survivors of sexual misconduct, health care, and supports and services for families.

Supports and Services for Victims and Survivors of Sexual Misconduct

The Committee was told that individuals who experience sexual misconduct, including sexual harassment, need to have access to victim- and survivor-centered supports and services.[53] Members of the CAF who experience sexual misconduct can contact the Sexual Misconduct Response Centre (SMRC), which offers “confidential, bilingual, client-services to members 24-7 … no matter where in the world they may be.”[54] The Committee was told that SMRC counsellors have “expertise in working with survivors of sexual trauma and do not have a duty to report.”[55] However, a representative from DND acknowledged that while SMRC services fill an important gap, they do not fully address the complex needs of CAF members affected by sexual trauma; the representative stated that “better coordination of support services and specialized training for those who provide support” are required.[56] In particular, the Committee was told that the SMRC is working to add expertise with regards to LGBTQ2+ experiences and perspectives to the External Advisory Council (EAC) of the SMRC.[57] The EAC provides the SMRC with external advice and recommendations on the implementation of relevant policies and programs.[58]

The Committee heard that a revised and expanded mandate has been drafted for the SMRC which will shift some responsibilities currently held by the CAF to the SMRC to ensure that those responsibilities are handled by subject-matter experts.[59] Under the revised mandate, the SMRC will:[60]

• provide “a case management service” that will assist CAF members in navigating both internal and external services or processes, offer in-person support and accompaniment, and help in completing forms and victim impact statements;
• provide expert advice on sexual misconduct; and
• deliver comprehensive and evidence-based support services to monitor the CAF’s implementation of policies, programs and services.

As well, the Committee heard that the CAF has established 16 Centres of Excellence across Canada to help CAF members access relevant supports and services to address issues they are facing, including sexual misconduct. The Centres of Excellence are staffed with civilians who do not have a duty to report misconduct cases.[61] In addition, a representative from DND explained that Military Family Services is assisting individuals affected by violence by providing supports and services, including with regards to violence prevention, education and awareness.[62]

Health Care Supports and Services

Witnesses also indicated that improvements to health care services and supports available to CAF members are necessary. For instance, members of the CAF may have difficulty accessing certain health services, such as counselling and other mental health-related services.[63] Furthermore, the Committee was told that CAF members who are survivors of “military sexual trauma” should be provided with the relevant in-house health services, instead of being referred to civilian support groups for victims and survivors of sexual assault in the closest community.[64] A witness explained that health care for CAF members should be holistic and focus on prevention and early diagnosis, as well as immediate care and rehabilitation.[65]

Supports and Services for Families

Witnesses stressed the need for greater supports and services for diverse military families, in particular for greater availability and affordability of childcare services on all CAF bases.[66] Without access to adequate childcare services, female members of the CAF, particularly single mothers, may have to make a choice between caring for their children or advancing their military careers.[67] As well, witnesses suggested other initiatives to support diverse CAF families, for example:

• implementing more consistent and predictable deployment schedules where possible;[68]
• allowing CAF members with specific childcare needs to switch trades more easily;[69] and
• changing certain family-related policies that may have negative effects on families, including on single mothers or parents, such as the leave travel assistance policy, and the furniture and effects policy.[70]

To help improve the supports and services offered to members of the CAF, the Committee recommends:

Recommendation 9

That the Government of Canada create an external review board to increase accountability within the Department of National Defence Sexual Misconduct Response Centre with regards to providing support to victims of sexual harassment.

Recommendation 10

That the Government of Canada ensure a trauma-informed approach for victims of crime in the Canadian Armed Forces.

Recommendation 11

That the Government of Canada streamline support services for members of the Canadian Armed Forces transitioning to post-service life from active duty by designating one point of accountability and communication to manage the transitioning member’s file.

Recommendation 12

That the Government of Canada examine the present mental health supports available to members of the Canadian Armed Forces and ensure that they are meeting the needs of all members.

Recommendation 13

That the Government of Canada continue working to address gender bias in the delivery of veterans’ services and programs.

Recommendation 14

That the Government of Canada support families and single parents by providing accessible and affordable child care options to members of the Canadian Armed Forces.

Recommendation 15

That the Government of Canada ensure that all members of Canadian Armed Forces receive equal benefits, specifically considering the specific needs of single-parent families as compared to traditional two-parent families.

Recommendation 16

That the Government of Canada make mobility between trades easier for members of the Canadian Armed Forces, including those who are dealing with changing family and/or personal circumstances.

Improving the Recruitment and Retention of Women

As of 1 February 2019, women accounted for 15.7% of the CAF workforce. However, women’s representation was much lower in some areas within the CAF, such as in combat arms where they represented 4.8% of the workforce as of February 2019.[71] The CAF has committed to increasing the representation of women in the military by 1% annually to reach 25% representation by 2026.[72] Representatives from DND stressed the importance for the military workforce to reflect the diversity of the Canadian population: “Diversity is a strength. Women and men think differently. They bring different perspectives. The more diverse your workforce, the better the solutions will be.”[73] The CAF’s recruitment strategy for women “focus[s]es on raising awareness of career opportunities,” in particular through engagement, outreach, advertisement, media partnerships (including social media) and individual recruiters’ efforts.[74] As well, military colleges are giving priority to female applicants who meet the recruiting standards.[75]

The Committee was told that one of the challenges faced by the CAF in recruiting individuals is that Canadians are not aware of the full extent of the career opportunities offered in the CAF.[76] Witnesses indicated that the CAF should highlight the many qualities necessary to work in the military (such as soft skills, communication skills, empathy and resilience)[77] and different career options in the CAF besides working in combat arms to prospective recruits.[78] It was also suggested that the military consider implementing special measures to address the underrepresentation of women, and other designated groups under the Employment Equity Act, as well as following a recruitment, promotion and appointment principle of selecting individuals amongst a wide group of equally qualified candidates.[79] As well, witnesses suggested that the CAF should analyse their recruitment, training and selection practices to ensure that they are gender-sensitive, as that can allow women to have a better experience in the CAF and help retain more women in the military.[80] A representative from DND indicated that the CAF had undergone a review of its recruitment practices, including reviewing language used in advertisements.[81]

The Committee heard that the culture of abuse, discrimination, and harassment that exists in the military stems partly from women’s underrepresentation in its workforce.[82] As well, fear of experiencing discrimination and harassment based on gender, gender expression and/or sexual orientation can also prevent some women from entering or staying in the military.[83] Julie S. Lalonde, who appeared as an individual, told the Committee: “I wouldn't encourage more women to join the CAF at this point. I think that's the wrong goal to have. You have to fix the problem. You can't just add women and stir, which has traditionally been the approach.”[84] Creating an inclusive and safe working environment, free from harassment and discrimination, could contribute to better recruitment and retention of women in the CAF.[85]

To help improve the recruitment and retention rates of women in the CAF, the Committee recommends:

Recommendation 17

That the Government of Canada work to increase the number of women as well as of individuals identifying as lesbian, gay, bisexual, transgender, queer, two-spirit or as other gender identities and sexual orientations in leadership positions within the Canadian Armed Forces.