Defence Minister Anand moving military sexual misconduct cases into civilian justice system

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.

Themilitary has been reeling over a series of sexual misconduct investigations. Since early February 2021, 11 current and former senior Canadian militaryleadershave been sidelined,investigated or forced into retirement from some of the most powerful and prestigiousposts inthe defence establishment.

"There's no doubt that there's a crisis in the Canadian Armed Forces," Anand said Thursday evening on CBC's Power & Politics."That crisis has been brought to light many times over the past few months."

Arbour is leading an external review into sexual harassment and misconduct in the Canadian military. She's advising the federal governmenton how an independent, external reporting system one which allows victims toreport acts of violence and misconduct without fear of reprisal 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 gaveto Anand's predecessor,Harjit Sajjan, last month.

Arbour said that the Canadian Armed Forces (CAF)should continue to conduct administrative reviews of sexual misconduct cases in parallel with civilian courts, regardless of whether these cases result in charges.

Arbour said, however, that "particular consideration" should be given to "how and when civilian authorities in the course of an investigation should convey relevant information about the investigation to the CAF leadership."

WATCH| New defence minister discusses when changes will go into effect

'It would be imprudent for me to suggest a specific timeline': Defence Minister

3 years ago

Duration 13:24

Defence Minister Anita Anand told Power & Politics Thursday that the timeline is not yet settled for when investigations and prosecutions of sexual misconduct cases within the Canadian Forces will be formally transferred into the civilian justice system.

Anand has not said when the change will go into effect.She said work to facilitate the change has been underway since she was sworn in asdefence minister last week.

"We're not sitting around waiting for anything to occur. The teams are in active discussions right now," Anand said.

The governmentalso has not yet decidedifthe shiftwill be permanent. Arbour is currentlyrecommending the transfer of cases to the civilian system on an interim basis.

"If she chooses to make this a permanent solution, then of course we will act on it," Anand added.

Change could help restore trust in military

Experts who study Canada's military culture say the move is an important step toward rebuilding trust in the military and making it easier for victims to come forward.

"I think it's fantastic. I think it's something that victims have been asking for for a long time," said Megan MacKenzie, Simons Chair in International Law and Human Security at Simon Fraser University.

"I think it shows that the new minister is willing to act decisively to follow the recommendations that have been made by both Justice Arbour and by previous experts."

Charlotte Duval-Lantoine, a fellow at the Canadian Global Affairs Institute, said the move suggests Anand will bring a new sense of urgency to the sexual misconduct crisis.

She said Sajjandid not appear willing to push for major changes something she said may be due in part to his longmilitary careerand his familiarity with its internal structures.

"It seems that it's easier for [Anand], for sure,"Duval-Lantoinesaid.

WhileDuval-Lantoinesaid the change is a sign of hope, she also noted that many of the barriers facing sexual assault victims remain such as complainants'fear of reprisals or worries about having to repeat traumatic details to people who may doubt their claims.

"I don't want to cry victory just yet because it is just one of the first steps," Duval-Lantoine said.

Immediate action needed: Arbour

While the full report won't come out until spring of next year, Arbour said in her October letter to Sajjan that she was releasing interim recommendations because action needs to be taken immediately.

"Since my appointment, it has been made public that survivors have continued to come forward and have raised allegations against [general officers and flag officers] who were in important command positions and were subsequently put on leave," she said.

"These recurrent allegations of historical sexual misconduct against senior CAF leaders and the related Canadian Forces National Investigation Service investigationshave led me to conclude that immediate remedial actions are necessary to start restoring trust in the CAF."

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.

WATCH| Retired Supreme Court Justice Morris Fishcommends decision

'I welcome it with enthusiasm' retired judge reacts to Ottawa's new policy on sexual misconduct cases

3 years ago

Duration 5:03

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. Retired Supreme Court justice Morris Fish tells Power & Politics the move shows the minister is "prepared to act immediately on a core recommendation" in his report.

Survivors ofsexual assault and misconduct in the ranks testifying before recent parliamentary committees have called for an external reporting agency.

Those committees launchedhearings after the country's two most senior military commanders retired general Jonathan Vance and Admiral Art McDonald were accusedseparatelyof 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 fightfor their jobs back.

In some cases, military leaders have beenplaced on leave in response totheir handling of sexual misconduct files.

The investigations often came to light publicly onlyafter 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 publiclyon a case-by-case basis,taking into accountthe investigation, privacy rights and the public's right to know, thedepartment said.

Arbour's reviewof 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 Marie Deschamps. Sherecommended the government establishan independent agency for reporting misconduct.

Thatrecommendation was largely ignored. Instead, DND created a sexual misconduct response centre which, while independent of the military chain of command, only provides advice to victims.