In one of her first acts as Canada’s new defence minister, Anita Anand announced today she’s transferring the investigation and prosecution of sexual misconduct cases within the Canadian Forces into the civilian justice system.
The move follows a recommendation from retired Supreme Court justice Louise Arbour.
The┬аmilitary has been reeling over a series of sexual misconduct investigations. Since early February 2021, 11 current and former senior Canadian military┬аleaders┬аhave been sidelined,┬аinvestigated or forced into retirement from some of the most powerful and prestigious┬аposts in┬аthe defence establishment.
Arbour is leading an external review into sexual harassment and misconduct in the Canadian military. She’s advising the federal government┬аon how an independent, external reporting system тАФ one which allows victims to┬аreport acts violence and misconduct without fear of reprisal тАФ can be put in place.
Her review, which began in April, is expected to last about a year. Anand’s move today is in response to one of the interim recommendations Arbour gave┬аto Anand’s predecessor,┬аHarjit Sajjan, last month.
Arbour said that the Canadian Armed Forces (CAF)┬аshould continue to conduct administrative reviews of sexual misconduct cases in parallel with civilian courts, regardless of whether these cases result in charges.┬а
Arbour said, however, that “particular consideration” should be given to “how and when civilian authorities┬атАФ in the course of an investigation┬атАФ should convey relevant information about the investigation to the CAF leadership.”
In a media statement, Arbour said she welcomed Anand’s decision.
“As outlined in my interim report, the issue of sexual misconduct in the CAF has opened the institution to unprecedented scrutiny and an equally unprecedented opportunity for change. I will continue as part of my review to identify these opportunities in all the areas that fall within my mandate,” she said.┬а
I have accepted in full Madame Arbour’s recommendations to move the investigation & prosecution of sexual misconduct cases to the civilian system. <a href=”https://t.co/ZD8Hr6bF9c”>pic.twitter.com/ZD8Hr6bF9c</a>
—@AnitaOakville
Survivors of┬аsexual assault and misconduct in the ranks testifying before recent parliamentary committees have called for an external reporting agency.
Those committees launched┬аhearings after the country’s two most senior military commanders тАФ┬аretired general Jonathan Vance and Admiral Art McDonald тАФ were accused┬аseparately┬аof inappropriate behaviour.
Some senior leaders are facing allegations of sexual misconduct and are under military police investigation. Two people have been charged criminally in connection to the claims. Some have launched public campaigns to fight┬аfor their jobs back.┬а
In some cases, military leaders have been┬аplaced on leave in response to┬аtheir handling of sexual misconduct files.
The investigations often came to light publicly only┬аafter journalists started asking questions of the Department of National Defence (DND).
DND says military police do not “proactively disclose the existence of ongoing investigations” because it could jeopardize the integrity of those investigations. Investigations are confirmed publicly┬аon a case-by-case basis,┬аtaking into account┬аthe investigation, privacy rights and the public’s right to now, the┬аdepartment said.
Arbour’s review┬аof military misconduct is not the first. Six years ago, the former Conservative government launched its own external review of sexual misconduct in the military, led by another former Supreme Court justice тАФ┬аMarie Deschamps. She┬аrecommended the government establish┬аan independent agency for reporting misconduct.
That┬аrecommendation was largely ignored. Instead, DND created a sexual misconduct response centre тАФ┬аwhich, while independent of the military chain of command, only provides advice to victims.
