The Department of National Defence and Canadian Armed Forces have initiated the process of repealing the “duty to report” regulations in response to the sexual misconduct saga and as part of broader cultural reforms. These regulations have long required military members to report any misconduct that violates the military code of service to the relevant authorities. However, they have faced significant criticism for their application in cases of sexual misconduct, particularly when survivors and victims may not wish to report.
Retired Supreme Court Justice, Louise Arbour, in her external review of the CAF’s handling of sexual misconduct, recommended the repeal of the duty to report due to its potential harm to victims. Arbour stated that survivors should have the choice to remain silent without fear of punishment or unwanted exposure. Lt.-Gen. Jennie Carignan, speaking at a media briefing, acknowledged this recommendation and emphasized the need to prioritize victims’ care and support. The intention is to treat all forms of misconduct fairly and equitably.
Arbour’s report suggested an exemption for sexual misconduct; however, it was decided to fully repeal the policy to ensure that other forms of harassment, such as hateful conduct, are not subject to the duty to report. Megan MacKenzie, director for the school of international studies at Simon Fraser University, believes this change is long overdue. MacKenzie asserts that victims of sexual misconduct often require time to come forward and that empowering them to decide when and how to report is crucial.
The repeal is expected to take effect in winter, preceded by a review of relevant policies, orders, and directives to address issues that may arise. Military lawyer Michael Drapeau argues that this review should have been conducted sooner, as the recommendation has been available since May 2022. Drapeau highlights the need for the military to prioritize the defense and support of its personnel who are victims of sexual misconduct.
As the implementation of recommendations from the Arbour Report progresses, concerns arise about potential delays due to additional studies. MacKenzie shares this concern, noting that less than half of the recommendations are currently underway or initiated, despite the report taking a year to complete. Carignan assures that the military is developing a new digital case management system and other initiatives while emphasizing their confidence in individuals continuing to report misconduct voluntarily.
Repealing the duty to report does not limit a CAF member’s ability to report misconduct; it simply removes the legal obligation to do so, allowing members to report misconduct on their own terms. Chief of the Defence Staff Gen. Wayne Eyre emphasizes the importance of creating a culture where survivors and those affected by misconduct feel safe, supported, and able to report wrongdoing on their own terms.
This change represents the second modification this month to how the military handles reports of misconduct. Defence Minister Bill Blair recently announced that CAF members experiencing sexual misconduct or harassment can now file complaints directly with the Canadian Human Rights Commission, bypassing the internal military grievance process.
While the DND continues to work on cultural reforms, Michael Drapeau urges a sense of urgency, stating that the military should respond quickly and effectively to crises. He calls for the implementation of Arbour’s recommendations, emphasizing the responsibility of the minister to address these unresolved matters honestly.
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