The Canadian military has announced that it will repeal a longstanding regulation that requires troops to report cases of misconduct. Lieutenant-General Jennie Carignan, Chief Professional Conduct and Culture overseeing cultural changes in the Canadian Armed Forces (CAF), explained that the regulation has been counterproductive and has harmed the victims. The Department of National Defence (DND) and the CAF stated that the repeal aims to restore relationships with members who have been harmed by sexual assault, sexual harassment, or discrimination. The duty to report misconduct regulation was established in 1939 to uphold morale and discipline but will now be fully repealed by winter.
The decision to repeal the regulation follows recommendations from the Louise Arbour report and other sources. Lt.-Gen. Carignan noted that the regulation has become an obstacle to reporting incidents, particularly within the context of a team and dealing with complex human factors. She also highlighted concerns that victims lose control over their complaints, preventing them from coming forward or feeling safe. However, despite the duty to report misconduct, no soldier has been charged for failing to do so since 1999.
In addition to repealing the regulation, the CAF also announced on August 15 that members can now file misconduct complaints directly with the Canadian Human Rights Commission, bypassing the organization’s grievance and harassment process. However, the CAF and DND still encourage personnel to resolve issues like harassment informally and at the lowest level possible. A Conflict and Complaint Management Services centre has been established to provide support and guidance when informal resolution is not possible.
Defence Minister Bill Blair characterized the repeal as part of the “transformative change” taking place in the CAF. The military is embracing principles of diversity, equity, and inclusion (DEI) in its culture change efforts and has acknowledged drawing from critical race theory to guide the change. Lt.-Gen. Carignan emphasized the importance of diversity, stating that it is a superpower. However, amid these cultural changes, the CAF is experiencing high attrition and low recruitment numbers, which are affecting its ability to meet posture and readiness requirements.
An internal DND report on the Royal Canadian Air Force (RCAF) indicates that the RCAF’s readiness may be compromised due to a personnel crisis linked to recruitment and retention. The report suggests that increasing DEI within the RCAF could help improve readiness and reduce attrition caused by factors such as COVID-19, mobility considerations, and familial aspirations. The lack of diversity and inclusion within the RCAF is seen as a hindrance to its readiness posture.