ARBOUR BLAMES MILITARY `CULTURE'
REPORT ON SEX MISCONDUCT IN ARMED FORCES POINTS FINGER AT `INSULAR' POWER STRUCTURES
Defence Minister Anita Anand is pledging to act quickly on recommendations to address the military's “deeply deficient culture” on sexual misconduct, but wouldn't fully commit to implementing all of them.
Former Supreme Court justice Louise Arbour delivered her report on sexual misconduct in the military Monday, concluding that the Armed Forces' insular culture is to blame for the widespread harassment, sexual violence and misogyny in the military and a complete change is necessary.
Arbour was asked to examine the issue after several previous studies and reports were ignored or not fully implemented. Several senior generals in the forces, including former chief of defence staff Jonathan Vance and Admiral Art Mcdonald, were both accused of sexual misconduct before Arbour was appointed to study the issue again.
Arbour's report makes 48 recommendations. Among them are:
❚ transferring all sexual assault investigations to the civilian justice system;
❚ redefining harassment and misconduct to align with civilian standards;
providing better training and recruitment;
and studying whether the Forces' current officer colleges should continue to exist given widespread misconduct at those institutions.
Arbour said the Canadian Armed Forces has tried to address this problem from within, using the institution's own culture, without ever examining whether that culture was part of the problem.
“In none of the initiatives it has launched is there a single reflection on whether its insular, hierarchical structures may have facilitated the abuse of power that characterizes most sexual misconduct,” she wrote. “Firmly entrenched in its historical way of life, the military has failed to keep pace with the values and expectations of a pluralistic Canadian society.”
Anand said the government had already implemented or was prepared to move immediately on 17 of Arbour's 48 recommendations, but said while she believes the others are good steps forward, they need further review.
“I agree with all of the recommendations and I expect DND and the Canadian Armed Forces to examine, quickly, how we can do this and if not, why not?”
Anand said many of the recommendations require systemic change in how the Forces operates and they need closer review before they are implemented.
Among the changes she wants to review is the proposal to stop training officers at the Royal Military Colleges in Kingston and St. Jean, to allow harassment complaints to be pursued at the Canadian Human Rights Tribunal, to change the rules around military members engaged in personal relationships, and to update definitions of sexual misconduct and harassment.
Arbour said she believes officers can receive the same or better education in regular Canadian universities. The culture of these institutions has been a significant problem, with a majority of female recruits experiencing or witnessing unwanted sexual behaviour, she said.
Even though the government has already approved moving sexual assault cases to the civilian justice system, outside of the military courts on an interim basis, Anand would not commit to making that permanent without further study.
Sexual assault cases in the military were handled within the civilian system until 1998, when military prosecutors took over the cases. Arbour said she could find no good reason why that change took place, and believes the 30 or so cases a year would be better handled by civilian courts.
“The handling of sexual offences by military court in the past 20 years has done very little to improve efficiency, discipline and morale, if anything it has served to erode them,” she said.
She pointed out a declaration of victims' rights, which has been part of the civilian system since 2015, is only set to become part of the military justice system next year. She said without a clear rule that these cases will be going to the civilian system, military police won't let go and civilian courts have been unwilling to claim jurisdiction.
“I believe that if a concurrent system is maintained, the competition between the two will not land the issue where it belongs.”
WE WILL ACT
QUICKLY TO ANALYZE, REVIEW AND
PLAN OUR RESPONSES.
Arbour said the military has long assumed it can solve this problem on its own and if they continue to believe that they will fail. One of her recommendations is a requirement Anand announce this year, in the House of Commons, any recommendations she won't implement.
She said too often previous reports have been seen as a bureaucratic exercise and not about real cultural change.
“It's still all out there being mapped and decked and colour-coded. I think the first clarity that we should expect is if something is not going to happen, let's just say that,” she said. “I just hope that these recommendations don't end up a little box on the chart or that maybe are still being studied.”
Anand said she is committed to all of the recommendations, but will make clear in Parliament if there are any that cannot be implemented. She also pledged an external monitor who would report regularly and publicly on the government's progress.
“This is just the beginning of our response. We will act quickly to analyze, review and plan our responses to each and every one of Madame Arbour's recommendations.”