‘Bureaucratic burden’ slowing progress on addressing military sexual misconduct: report

While she says she still believes Canada’s military is committed to culture change, an external observer overseeing a plan to address sexual misconduct is blaming a “large bureaucratic burden” for slowing down progress.

The government appointed Jocelyne Therrien in 2022 to report on the federal government’s handling of sweeping recommendations in former Supreme Court justice Louise Arbour’s report on military sexual harassment and misconduct.

Therrien released her latest report card on the government’s work last week. In it, she writes that “a large bureaucratic burden … weighs heavy on the organization. This is having a major impact on timelines.”

The government brought in Arbour in 2021 to review the military’s sexual misconduct crisis. Since early February 2021, roughly a dozen senior Canadian military officers, current and former, have been sidelined, investigated or forced into retirement from some of the most powerful and prestigious posts in the military over claims of sexual misconduct. Some of the cases have wrapped up in the military or civilian justice systems, resulting in charges being dropped or stayed. 

Arbour made 48 recommendations. Chief among them was her call for the government to strip the military of its power to investigate and prosecute sexual offences under the Criminal Code. Defence Minister Bill Blair tabled legislation in March to implement that recommendation; the bill has gone through first reading in the House of Commons.

Arbour also called on Ottawa to appoint an external monitor, citing a fear that her recommendations might wind up “in the graveyard” with past reports.

In her new report, Therrien wrote that while “headway is being made in terms of operationalizing culture change,” more needs to be done to ensure there’s a “coherent” set of policies and procedures to hold people accountable.

Changing those policies is “an elaborate, multi-layered process that involves many checkpoints,” her report says.

A lot of public servants are asked to comment on drafts of new policies, Therrien wrote, leading to “many versions that keep circulating” and causing “significant delays.”

Therrien said the military also tends to create working groups that can slow everything down.

“It is an inefficient use of resources,” she said. “But it is more than that. The intended message can become blurred due to the excessive details that result from the consultations.”

Plans to scrap ‘duty to report policy’ delayed

Therrien cited one high-profile recommendation in Arbour’s report she said was stymied by bureaucratic debate. Arbour recommended the military scrap a policy known as “duty to report,” which makes it mandatory for members to report incidents of misconduct — including sexual misconduct — regardless of whether they were affected.

The policy has long been criticized by victims of misconduct and independent observers like Arbour, retired Supreme Court justice Morris Fish and the Office of the Auditor General.

They argue the policy takes agency away from victims who may not want to speak up. Despite that, the defence minister announced a working group would be created to come up with a policy framework to make that change, Therrien said.

“It has been flagged repeatedly as an obstacle to reporting sexual misconduct by those affected,” Therrien wrote. “The direction was clear, yet the debate continued.”

Lt.-Gen. Jennie Carignan, the military’s chief of professional conduct and culture, announced last summer that the military would scrap the controversial policy by the winter of 2023. Therrien pointed out that hasn’t happened yet and the new anticipated repeal date is July. 

Therrien said in the meantime, the delay is affecting other policies involving responses to allegations of sexual misconduct.

Therrien’s report also said commanding officers who deal with allegations of inappropriate behaviour against military members need “more incisive” guidance to make sure they hold people accountable.

She cited one policy that says military leaders have to take action — but that action must depend on “the degree of risk based on the impact and likelihood of an adverse outcome resulting from the non-compliance and other circumstances in the case.”

“I cannot see how this type of wording can lead to enforceable accountability,” she wrote.

External review of royal military colleges underway

Another high-profile recommendation Arbour made was to conduct an external review of the costs, benefits and disadvantages of royal military colleges. Arbour said the “prevalence of sexual misconduct” in these colleges is well documented and harder to address there than “in a civilian environment.”

A seven-member review board started its review of the colleges in January. So far, they have visited each military college twice and have met with college leadership, Arbour and other military officials, Therrien’s report said. The final report is expected to be released in early 2025, she added.

Work is also underway to address the “sexualized culture” at royal military colleges by, among other things, increasing the number of female students and reviewing the physical fitness test to see if serves as a barrier, Therrien wrote.

In response to Therrien’s report, Blair said in a media statement that the government has implemented about 20 of Arbour’s 48 recommendations to date and expects to complete the rest by the end of 2025.

“We are making considerable progress to respond to these recommendations,” Blair wrote. 

He said military members can take their claims of sexual harassment or discrimination on the basis of sex directly to the Canadian Human Rights Commission. Work is also underway to clear a backlog of files in the grievance system and fast-track sexual misconduct grievances, he said.

Blair also said he agrees with Therrien that the duty to report must be repealed permanently. He said he expects that will this summer.