Standing Committee on National Defence — Evidence — Friday, May 21, 2021 (Meeting 32, 43rd Parliament, 2nd Session) — Chair: Mrs. Karen McCrimmon

NDDN / 43-2 / Meeting 32 / EV11435396

House Committees

Standing Committee on National Defence — Evidence — Friday, May 21, 2021 (Meeting 32, 43rd Parliament, 2nd Session) — Chair: Mrs. Karen McCrimmon

NDDN / 43-2 / Meeting 32 / EV11435396

House Committees

EVIDENCE

Standing Committee on National Defence NUMBER 032 2nd SESSION 43rd PARLIAMENT Friday, May 21, 2021 Le vendredi 21 mai 2021 Standing Committee on National Defence CANADA [Recorded by Electronic Apparatus] EVIDENCE May 21, 2021 Committee NUMBER 032 NUMBER 032 NUMÉRO 032 32 21 05 2021 2021/05/21 11:10:00 House Of Commons Comité permanent de la défense nationale Standing Committee on National Defence NDDN Chair Mrs. Karen McCrimmon 2 43

(1110) [ English ]

The Chair (Mrs. Karen McCrimmon (Kanata—Carleton, Lib.)) :

I call this meeting to order. [ Translation ] Good morning, everyone. [ English ] Welcome to meeting number 32 of the House of Commons Standing Committee on National Defence. [ Translation ] Today's meeting is in hybrid format, pursuant to the motion adopted by the House on January 25, 2021. The members will be present in person or through Zoom. The proceedings will be made available on the House of Commons website. So you are aware, the webcast will always show the person speaking, rather than the entirety of the committee. [ English ] If

interpretation is lost, please let us know right away. We want to make sure everyone can fully participate in today's debate. I think we have one member here in person. Madam Gallant, welcome. That will be easy. As a reminder, all comments by members should be addressed through the chair. As a reminder, to myself as much as everyone else, please try to speak slowly and clearly. When you're not speaking, your mike should be on mute. With regard to a speaking list, the committee clerk and I will do the best we can to maintain a consolidated order of speaking for those participating virtually or in person.

Pursuant to Standing Order 106(4), the committee is meeting today to consider a request, received by the clerk and submitted by four members of the committee, to discuss the request for additional witnesses for the study of addressing sexual misconduct in the Canadian Armed Forces, including the allegations against former chief of the defence staff, Jonathan Vance. I will now open the floor for debate. Go ahead, Mr. Bezan.

Mr. James Bezan (Selkirk—Interlake—Eastman, CPC) :

Thank you, Madam Chair. In light of the discussion we had earlier this week and having failed to take a final decision on a motion that was before us at that time, I have submitted a slightly updated version of the motion, which I'll read into the record now. Then I'll speak to that motion. I move:

That, in respect of the committee's study on addressing sexual misconduct issues in the Canadian Armed Forces, including the allegations against former Chief of the Defence Staff Jonathan Vance,

(

a) recalling that Zita Astravas, former Chief of Staff to the Minister of National Defence, was invited on Monday, March 8, 2021, to appear before the committee within 14 days, and was ordered by the House of Commons on Thursday, March 25, 2021, to appear before the committee on Tuesday, April 6, 2021, and did not appear on either occasion, the committee issue a summons for Zita Astravas to appear before this committee, at a televised meeting, at a date and time determined by the Chair which is no later than Thursday, May 27, 2021, until she is released by the committee, provided that, in the event Zita Astravas defaults on the summons,

(

i) the Clerk and analysts be directed to prepare a brief report to the House, outlining the material facts of the possible contempt the situation would represent, to be considered by the committee, in public, at its first meeting after the consideration of the main report on the study has been completed, and

(ii) the Minister of National Defence and Gary Walbourne, former National Defence and Canadian Forces Ombudsman, be invited to appear jointly on a panel for two hours, at a televised meeting, no later than Thursday, May 27, 2021; and

(

b) the provisions of the motion adopted on Monday, April 12, 2021, concerning a report to the House, be supplemented as follows:

(

i) notwithstanding the motion adopted on Monday, April 12, 2021, drafting instructions and recommendations arising from the evidence received by the committee after Friday, April 16, 2021, may be sent to the Clerk, (

A) in respect of evidence received before the adoption of this motion, within 24 hours of the adoption of this motion, or (

B) in respect of evidence received as a consequence of paragraph (

a) within 24 hours of the adjournment of the meeting where the evidence was received,

(ii) until Friday, May 28, 2021, the committee hold at least one meeting per week to receive evidence related to the study and at least one meeting per week to consider the draft report,

(iii) at 2:45 p.m. on Friday, May 28, 2021, or, if the committee is not then sitting, immediately after the committee is next called to order, the proceedings before the committee shall be interrupted, if required for the purposes of the motion adopted on Monday, April 12, 2021, and every question necessary for the disposal of the draft report, including on each proposed recommendation which has not been disposed of, shall be put, forthwith and successively, without further debate or amendment,

(iv) the committee declines to request, pursuant to Standing Order 109, that the government table a comprehensive response to the report, and

(

v) dissenting or supplementary opinions or recommendations shall be filed, pursuant to Standing Order 108(1)(b), in both official languages, no later than 4:00 p.m. on Friday, June 4, 2021.

Madam Chair, the motion I just tabled reflects the amendment that was carried at our meeting earlier this week, removing the request to call witnesses concerning the allegations around Major General Dany Fortin, and a timeline has been updated so that we hear from Ms. Astravas or from the Minister of Defence and Gary Walbourne by the end of business on May 27, which is Thursday of next week. Madam Chair, this committee has spent a lot of time with the Liberals filibustering motions to call witnesses, in particular Zita Astravas, but others as well.

I believe there should have been a recent analysis done that shows that committees have spent an extended amount of time in ongoing debates, extended committee sittings and hours, which could also be interpreted as filibusters, and 77% of committee time has been wasted by Liberal filibusters. I would also say, Madam Chair, that in this committee in itself, with the practice that you continue to use of suspending meetings, we have spent over 11 days in suspension. We've been suspended 20 different times. We are headed to a long weekend.

I would hope that committee members this time would want to debate the motion and not spend ongoing time talking about all sorts of other things that are not relevant to calling Zita Astravas. The reason Zita Astravas is so important, Madam Chair, is that she's the one who can bring some clarity to the conflicting testimony we received.

(1115) We have Minister Sajjan , who said he was surprised when this became public. Then we found out that Gary Walbourne had presented the information regarding allegations against General Vance three years ago, on March 1, 2018. Minister Sajjan then said he provided that information to the Clerk of the Privy Council. The Clerk of the Privy Council at the time, Michael Wernick, told committee that he received the information and the request to look at the allegations from Elder Marques. We have Elder Marques saying that he got the information and that the allegations came from Katie Telford and her office.

Katie Telford is the chief of staff to the Prime Minister . When she appeared, she said that she got the information from Elder Marques. One missing link in all of this is Zita Astravas, the former chief of staff to Minister Sajjan , who three years ago, in March 2018, provided this information up the chain. We believe she would be able to bring light to this discussion with regard to where things started to go awry. Why was this never looked into? Why didn't this actually get investigated, despite claims by Liberals that there was an investigation?

We've heard from both the past Clerk of the Privy Council and the current Clerk of the Privy Council that they never investigated. They just had some meetings with Gary Walbourne. Madam Chair, I would suggest to committee members that we get on with summoning Zita Astravas. Calling her has not worked to date. If the government decides that it isn't going to allow her to appear, then expect to have Minister Sajjan appear alongside Gary Walbourne so we can get down to the bottom of who's actually telling the truth.

This is important, Madam Chair, if we are going to change the culture and if we are going to expose who decided not to tell the Prime Minister.

If we are going to ultimately bring about the culture change that's so desperately needed within the Canadian Armed Forces, so that women and men can go to work and know they're not going to be sexually harassed and experience misbehaviour by people in the workplace, including their commanding officers, then we need to get down to how this broke apart three years ago, how this undermined Operation Honour, and ultimately how we find ourselves in the situation today of now having several commanding officers, general and flag officers, currently under investigation for their own sexual misbehaviour and misconduct.

Chair, I look forward to our coming to a realization of the necessity of this motion so that we can get a report done and tabled in the House after June 4 and, ultimately, make recommendations that will provide a path forward for our forces.

The Chair :

All right. Thank you very much, Mr. Bezan. [ Translation ] Mr. Barsalou‑Duval, you have the floor.

(1120) Mr. Xavier Barsalou-Duval (Pierre-Boucher—Les Patriotes—Verchères, BQ) :

Thank you, Madam Chair. At the last meeting, we already had the opportunity to talk about the motion. This motion is very similar to the motion moved and amended at the last meeting, so I won't elaborate on it. Clearly, it should be accepted by the committee. I think that we all want to know the truth about what happened. It's in the public interest. I want to take this opportunity to move an amendment. The text was sent to the clerk a few moments ago. It seeks to amend Mr. Bezan's motion by adding the following:

(b)(vi) given a. the scope of the current study, which is likely to lead to new facts; b. and, that the committee believes that a report is urgently needed to put an end to the culture that has existed for too long within the CAF in order to prevent additional victims of sexual misconduct; that an interim report be presented in order to give the committee time to conduct a complete study of the issue and to complete its final study, while allowing for the implementation of recommendations as soon as possible.

I'll explain the purpose of this amendment. Since the committee began its study of this topic, new developments have been occurring on a regular basis. We've also seen filibustering, particularly by the Liberals, but also by other committee members. As I said several times, we must table a report and make recommendations. It looks like further developments will come to light. I think that the committee must give itself the flexibility needed to continue working on this issue, especially as it becomes increasingly difficult and complicated to organize the committee's

schedule with additional items and witnesses. We must do everything possible to ensure that an interim report is tabled for the victims and that recommendations can be made. Moreover, we must have everything that we need to continue the work, which I think is very important.

[ English ]

The Chair :

Stand by for a minute. As has been protocol in this committee when we receive late notices or motions, we're going to suspend for a few minutes until everyone has had a chance to have a read.

(1120) (1135) The Chair :

I'm going to call this meeting back to order. Everyone has now had a bit of time to read it. [ Translation ] Mr. Barsalou‑Duval, can you provide the details of the amendment and explain it to the committee members?

Mr. Xavier Barsalou-Duval :

Madam Chair, I would be happy to do so, even though I believed that my remarks when the amendment was moved provided enough information for people to form an opinion. However, I understand that people needed to read a bit of the content to get a better idea. For the most part, we feel pressed for time and constrained. I personally feel that a report is necessary. It's important for the victims and for providing direction. However, the evidence provided sometimes makes me feel that we're constantly under pressure. This forces us to make tough choices and prevents us from exploring the issue as extensively as we would like. I moved this amendment so that we can reconcile these two needs.

[ English ]

The Chair :

Thank you very much. Mr. Garrison, please.

Mr. Randall Garrison (Esquimalt—Saanich—Sooke, NDP) :

Thank you very much, Madam Chair. I want to start with a few general remarks on where we are. An unfortunate tendency that I've seen in the committee is for some members of the committee to claim to speak for survivors and victims and to have exclusive concern for survivors and victims, and if you don't share their opinion on how this committee should act, somehow you're not standing up for survivors. I'd urge all of us not to fall into that trap of questioning who is, in fact, concerned about making change here. That's in front of all of us, and we have all expressed our opinions quite clearly on that.

What's important here is that women, in particular, be able to serve equally in the Canadian military, and we've known for the past six years that is not possible because of the highly sexualized, hypermasculine culture in the Canadian military. Nothing has really happened about that of significance, and we continue to have one complaint of sexual assault or sexual misconduct filed about, on average, once every three days. Clearly, whatever measures have been taken have been inadequate to address this.

When we talk about this question, sometimes I think we confuse the study we're doing in this committee with the study that's going on in the status of women committee. This committee's study, if you look carefully at its terms of reference, was to determine why nothing happened with the accusations against General Vance as the person in charge of Operation Honour when he was in fact accused of sexual misconduct himself. Why is there that vacuum at the top? Why was there that failure for three years, of leaving General Vance in office and in charge of Operation Honour?

I know sometimes people have said we're focusing too much on one case. This isn't one case. This is the chief of the defence staff, who was in charge of Operation Honour. It is critical to the credibility of any future reforms that this committee determine what happened, why no action was taken and why General Vance was left in charge. If that question is not answered, and if there aren't changes as a result of that answer, then it puts in question all the reforms that we want to talk about going forward and all those reforms that are necessary to change the culture of the Canadian Armed Forces.

In terms of the committee's work, I note Mr. Bezan's figures he's provided on the amount of time that is spent diverting this committee from its work, and as I said in the last one, I'm quite disappointed that the efforts to deal with the effects of COVID on the military and mental health in the military have been shoved aside in order to focus on a report on which it's very difficult for us to reach a consensus. We could have very clearly dealt with those other two reports in an expeditious manner. In that sense, Mr.

Barsalou-Duval's amendment may be helpful in that we could do an interim report and it would allow us perhaps to get back to the work on which we have a large degree of consensus here and there was a large degree of consensus among the witnesses we heard. One last thing that disturbs me about the discussion is the tendency for certain members to say that Mr. Bezan and I are engaged in finger pointing. I think this trivializes the accountability function of Parliament. We are finger pointing.

We are looking for the people responsible, and in a parliamentary system there must be a minister responsible for this failure to act in ways that have been effective over the past six years on the issue of sexual misconduct. It's not finger pointing to seek to assign responsibility in a parliamentary system.

It's a fundamental part of a parliamentary government, and that's certainly what I'm interested in doing, because if we can figure out either who ordered there to be no investigation into General Vance, or if we discover that no one ordered this and the ball was simply dropped at the most senior level, then what change are we going to see that will provide confidence for members in the Canadian Forces that this issue will be taken seriously? We've heard all the promises. We've heard all the fine words over the last six years. What is going to change here to make sure this doesn't continue going forward?

While I have some concerns about wording, I'm not going to quibble with the amendment. I am prepared to support the amendment if it allows us to get at that question of who is ultimately responsible here for failing the men and women who serve in the Canadian Forces, and if this allows us to get back to some of the other important work of the committee. Thank you, Madam Chair.

(1140) The Chair :

All right. Madam Damoff is next.

Ms. Pam Damoff (Oakville North—Burlington, Lib.) :

Thank you, Chair. It's actually a pleasure to join this committee today. I'm not normally here, but obviously I have been following the debate and the issues that have been discussed, as all of us have been. I spoke in the House of Commons on one of the opposition day motions on this. I have to say, as someone looking in from the outside, I've been really disappointed at the direction the opposition has taken in not putting survivors at the heart of what the problem is. I just want to quote Julie Lalonde, who said, “The blame does not lie with one individual, one leader or...one political party.

Please keep your eyes on the prize and choose bravery when having this conversation.” I think she summarized it quite well. The system in place under the Conservative Party—under the previous Conservative government—did not serve women in the military, nor has the process, which is exactly the same process under our government, served the women and men of the military to make sure they feel safe and come forward. That's why there needs to be change, absolutely. Pointing fingers, laying blame and trying to find one person who's responsible will not solve the issue.

If you look at the military, the RCMP or Correctional Services, we've seen over and over again issues of power dynamics, of predominantly women being subjected to sexual violence, sexual harassment and sexual assault. It's completely unacceptable that anyone should not feel safe going to work and that people feel they need to go to work and be subjected to this kind of treatment. This committee needs to get to doing a report and to finding solutions for these survivors of sexual violence. The committee does not need to continue to try to find one person to lay the blame on.

You're doing a complete disservice to survivors if that's where you're going. I think Julie hit the nail on the head that there's lots of blame to go around. What needs to be done is to fix the problem and to really stand up for the men and women in the armed forces who need to feel safe and comfortable. That's where we are going. That's why we've appointed Louise Arbour to take a look at this. Yes, I know people will say we don't need more studies. That's true, but I think her role is really important to make sure we find a space for working with survivors whose voices have not been part of this conversation.

We need to make sure survivors are at the heart of anything we do, and that they're part of the solution. It's ridiculous for us as MPs and politicians to be sitting here trying to come up with what will serve people in the armed forces. We need to be inviting those survivors to join us to find solutions. I'm just going to say again that, as Julie said, the blame does not lie with one individual, one leader or one political party. I could not agree with her more. It's time for us to try to put solutions before Parliament and get down to doing the hard work of writing a report.

I appreciate the Bloc's bringing forward an amendment that's trying to move us forward in that way. Thank you for letting me speak today, Chair, and for letting me be part of this important debate.

(1145) The Chair :

Thank you very much, Madam Damoff. We will move on to Monsieur Serré.

[ Translation ]

Mr. Marc Serré (Nickel Belt, Lib.) :

Thank you, Madam Chair. Like Ms. Damoff, this is my first meeting with this committee. I've been a member of the Standing Committee on the Status of Women for three years. I completely agree with what Ms. Damoff said. I was there for Julie Lalonde's testimony. Unfortunately, Ms. Lalonde isn't alone. The Standing Committee on the Status of Women met with Christine Wood from It's Just 700, with Stéphanie Raymond and with several other courageous women who came to share their experiences and tell us that we must move forward.

When I read the motion moved by the Conservatives today, I was disappointed that they wanted to focus on a specific issue involving an individual. I want to follow up on the Bloc amendment, which enables us to focus on specific recommendations today—

(1150) [ English ]

Mrs. Cheryl Gallant (Renfrew—Nipissing—Pembroke, CPC) :

On a point of order, Madam Chair, the previous speaker, on whom I asked to have a point of order, seems to be speaking to the main motion. It is my understanding we are speaking to the amendment. Would you please clarify what we're actually on?

The Chair :

This is to the amendment, but I believe it's relevant.

Mrs. Cheryl Gallant :

Well, he was talking about the Conservative motion, not the amendment.

The Chair :

It's relative to the amendment being put forward because it affects the rollout of the report. Carry on, Mr. Serré, please.

Mr. Marc Serré :

Thank you, Madam Chair. I think the experience I have in FEWO, hearing the witnesses, is very relevant. If we're looking at the amendment here and looking at the main motion, we see that they're all tied because we should be focusing on what the Bloc is proposing. The Bloc is proposing to get this to the recommendation stage and get this to the government for some action, because we've done a lot of the studies that go from both.

When we look at what we're doing today, I just want to make sure that—when we talk about ensuring survivors...and about sexual misconduct, harassment and assault—we must be really moving forward on this, because we've heard a lot of testimony, as I mentioned, all over. When we look at eliminating all forms of misconduct and abuse of power to really create a safe place here for the men and women in national defence and the armed forces.... It's really a priority, I know, for all the members here and all the members at FEWO, too. It's really important that we address this.

However, the amendment is a strong amendment, and it should be stand-alone because.... I'll go back. The Conservatives are ignoring the facts here. The facts are very, very clear: In 2018, the former national defence ombudsman, Gary Walbourne—who came to FEWO also—met with the Minister of National Defence , and this meeting was a normal meeting with staff. At the end, he asked to speak privately with the minister, and then he told the minister that he had evidence of misconduct against the former chief of the defence staff. The minister was right.

He did not ask for any specific details of any nature of the allegations. We talked about this. Instead of following a process.... The proper process was followed here, Madam Chair. When we look at the ombudsman and at the complaint and the sharing of information and then look at.... As Michael Wernick, the former clerk of the Privy Council, stated clearly here at the national defence committee, an impasse was reached and no further action was taken; there was no further action or allegation. That is what the former ombudsman called unacceptable.

Now we're in 2015, and let's go through the process that was taken right before General Vance's appointment as the new chief of the defence staff. The minister was made aware of the allegation or the rumour. He shared it with his chief of staff, who then shared it with the Privy Council Office and the Prime Minister's Office, including the chief of staff of the Prime Minister. The Prime Minister's chief of staff then ensured that the matter was looked into. This is all familiar. That's the process that was followed then, and that's because it was the same process.

The leader of the opposition at the time thought it was serious enough that he had his staff reach out to the Prime Minister's Office. That's very important. That was followed. We want to assure Canadians that the matter was looked into at the time. Let's explore that a bit more. We heard testimony from Ray Novak, then prime minister Harper's chief of staff, that they had the national security adviser investigate the rumours. How did he investigate? He went directly to General Vance. He asked him about the rumours. Well, this is wholly inappropriate.

When someone comes forward, you should never tip off the person who's being investigated, regardless. General Vance assured him that there was nothing and that it was dealt with, and that's it and that's all. We don't know if there was any follow-up. We don't know if it was looked into, but the Leader of the Opposition assured us that it was looked into. That's shocking, Madam Chair, considering all we've heard with regard to how that rumour was looked into: a former national adviser asking General Vance's opinion.

(1155) That is not a process. That is not appropriate. Frankly, it's disconcerting that the Conservative government just took Vance's word for it, especially considering there was already an active investigation being conducted by the Canadian Forces National Investigation Service, the CFNIS, into General Vance. I know it's really hard when you look at it. I would remind our honourable colleagues of the very troubling news that we learned last week, that the CFNIS was actively investigating General Vance in 2015. More specifically, they were investigating General Vance right up to July 17, 2015.

Do my colleagues know what happened on July 17, 2015? General Vance was appointed as a new chief of the defence staff. Then we learned through an ATIP that the commanding officer in charge of the investigation was facing pressure to wrap up the investigation. Who was the pressure from exactly? Was it the then minister of national defence, the then prime minister, the then parliamentary secretary to the minister of national defence, or the current Leader of the Official Opposition ? Surely, we can argue, but we can also agree here that politicians should not be involved in these types of investigations.

We've heard it clearly at the status of women committee. The extra pressure on an investigation to conclude would be completely inappropriate and perhaps, one might say, even illegal. However, we still haven't gotten a definite answer from the Conservatives as to who was putting that pressure. No one has answered. No one has details. No one has provided any details whatsoever.

Mrs. Cheryl Gallant :

I have a point of order. I've been listening to what is supposedly a discussion on the amendment, but there is little or no relevance to the amendment itself. We don't even know whether the speaker is for or against the amendment, since he is so far away from the subject matter at hand. Could we please get on to the amendment, so other people have a chance to speak for or against it?

The Chair :

Thank you, Ms. Gallant. Go ahead, Mr. Serré.

Mr. Marc Serré :

Thank you, Madam Chair. I clearly did say that I appreciate the Bloc's bringing forward this amendment focusing on a victim-survivor centre. This is very important, but it's convoluted as an amendment to the main motion by the Conservatives making their point here. What I was saying here is that, because so far the Leader of the Opposition has provided absolutely no details whatsoever on how this was handled in 2015, we don't know if it was the right way. It's very interesting that it hasn't been done. Let's continue with the troubling news from last week that we looked at and I talked about earlier.

There was an investigation facing pressure that was abruptly ended on July 17, 2015. The investigation was officially closed on July 21, 2015, four days after General Vance was appointed. Why was that investigation closed four days after the appointment? Why wasn't it closed before there was an appointment? Why did the Conservative government appoint General Vance in 2015, with an active investigation from the CFNIS still ongoing? Let's also look at the chain of command here. The CFNIS reports to the provost marshal. The provost marshal reports to the vice-chief of the defence staff.

The vice-chief of the defence staff reports to the chief of the defence staff. That means that, when the investigation was closed, the chief of the defence staff may have been involved in that decision. We all remember at this point that, when the investigation was closed on July 21, 2015, the chief of the defence staff was then General Vance. This is incredibly troubling. We not only have rumours that there weren't proper investigations; we also have the chief of the defence staff rushed through to an appointment even though there was an active investigation ongoing by the CFNIS.

All this was because they wanted to appoint General Vance before the 2015 election, which was called only a few short weeks later. We've all heard that the Conservative politicians are concerned about the process our government has followed: the one that ensured that the highest-ranking civil servant was aware and engaged on this issue, the one that went as far as it could because the former ombudsman stated that he could not provide the information because the complainant had not signed off on it, and the same one that the Conservatives followed in 2015. They say that these rumours were acted upon in 2015.

May I then ask, what action was different from the one we took? I'm sure my honourable colleagues will say that the national senior security adviser was involved. Well, the national security adviser in 2018, Daniel Jean, stated that he would not know the details or be involved in an investigation at that point, because there weren't enough details to investigate. In fact, I quote him:

I wish to indicate that these 2018 allegations were never brought to my attention.

I also think it is important to add that this is not necessarily unusual, particularly, as I explained before, if PCO senior personnel were not able to obtain information that would have allowed and warranted the pursuit of an investigation.

Therefore, we know why the NSA wasn't involved by the top civil servant of Canada. If the Conservatives can explain how it was different, I would be shocked, because, as you know, it wasn't; it was the same. Now it's clear that the process isn't perfect, and the Prime Minister has clearly stated that there needs to be improvement so that no such impacts can happen again. Let me lay out the facts one more time. The Conservatives followed the exact same process we did in 2015.

The Conservatives appointed General Vance when there was an active investigation into him with respect to rumours that the Leader of the Opposition says were looked into. The only thing we know about how they were looked into was the national security adviser going directly to General Vance and asking his opinion; and, finally, there was pressure on the investigation of General Vance to conclude.

(1200) This is very concerning. We deserve answers. Canadians deserve answers. Survivors deserve answers. When we look at the amendment that's presented today—thank you to the Bloc for the amendment—the problem is that it's tied into the Conservatives' amendment, which doesn't focus on survivors, doesn't look at solutions and doesn't look at moving forward. We heard this clearly.

I'll stop now, Madam Chair, but I have a long list of victims—of survivors—who came to us at status of women and clearly said to please focus on making changes and on making this better and leave the politics aside, as Julie Lalonde and many others have said. Let's move forward. Let's support our victims. Let's support our survivors. Let's get these recommendations in the House of Commons so we can properly debate them and move forward, supporting the victims. We clearly heard that. I will have more to say on this later on, Madam Chair, if need be.

(1205) Thank you for allowing me to spend time at the national defence committee, bringing that survivor perspective that we have heard so much at the status of women committee. [ Translation ] Thank you, Madam Chair.

The Chair :

Thank you, Mr. Serré. [ English ] I will move on to Mr. Bagnell, please.

Hon. Larry Bagnell (Yukon, Lib.) :

Thank you. I'll be very brief. I have a lot to say, but on the main motion. As Mr. Serré said, it's unfortunate they're tied together so closely. It's too bad that wasn't set aside...the various problems with the main motion. I won't discuss those right now. I did want to comment at the moment, though, on a couple of things that were said today. One is that we want to unearth the truth, which is why the main motion is still there. I think Mr. Serré has outlined very seriously where the truth, if people want to go that way....

Personally, I want to stay with where I think the amendment is heading and where many members want to head in coming up with solutions to the problems, the systemic culture and reprisals, etc. For those on the committee who think the best answer is to go back, then obviously the serious complaints are the ones that were just outlined by Mr. Marc Serré. It was said near the beginning of the meeting again, by different parties, that nothing happened or there was a failure to act. That was true back in 2015, apparently. I'll go into great detail later about when General Vance was appointed.

In this particular case, they're reminding people of the situation. When people say that nothing happened, that's further from the truth. There was an email. No one knows what's in it, because the CAF member had every right to want confidentiality and to not provide the information. It was turned in within 24 hours for investigation. It was investigated as far as it could have been. That was done. Numerous times, people in this committee have suggested that wasn't done. The one email—the one situation we're talking about—was handled as far as it could have been. It respected the CAF member's confidentiality.

As Mr. Garrison said, there are still many ongoing instances, very frequently. For the people who are here for the first time today, you'll see many times in the evidence that the Liberal members have said exactly that: In spite of the many steps taken by the minister , there's still much more to do. Because the minister took those various steps.... I won't repeat them. They've been outlined in great detail in this committee. No one has mentioned any minister before who has done more.

I think the way to move forward is to give a minister, who's totally onside with acting and has acted in a number of instances, the recommendations on the survivors, as the Bloc says, so we can actually make a difference. As Ms. Damoff said, we can help the survivors and keep that the focus of this. I'll leave it at that for now. I really want to discuss the main motion.

The Chair :

Thank you very much, Mr. Bagnell. Madam Vandenbeld, please.

(1210) Ms. Anita Vandenbeld (Ottawa West—Nepean, Lib.) :

Perfect. I know we're debating an amendment that.... I'll be honest. I appreciate very much that Mr. Barsalou-Duval has put forward this particular amendment. I know we had some conversations about perhaps being able to go through that very long draft report—over 60 pages, I believe—and choose the things we know we all agree on. As I've said before, I believe firmly that every member of this committee wants what's best for the women and men of the Canadian Armed Forces. I have no doubt about that. I think we have some differences in terms of how best to do that, and that's legitimate.

I think the idea of being able to pull out the recommendations that we agree on, to put out an interim report, to have that conversation, and then to continue with the ones that perhaps there isn't agreement for, is a really good idea. The problem is that it's in a motion, the main motion, which has a time limit on when that can happen. If you look at the calendar right now, by my calculation, it leaves about an hour and 45 minutes to actually debate that 60-plus page report, to go through it and to find consensus on each one. I'm a bit concerned about that.

Perhaps that's something the committee might be capable of doing. I hope very much that we are. What I'd really appreciate would be if Mr. Bezan could withdraw this motion. I know that our next meeting is planned to study the draft report. If there seems to be a willingness of members of the committee to pull those things that really matter to finding solutions to this, those areas where we can find consensus, I think that's a good idea. My problem is that it's amending a motion that doesn't allow any time for us to be able to have that discussion to reach that consensus.

I would not want members of the committee to just vote—boom, boom, boom—without any debate on these, and not have the kind of thoughtful report that we would need. I'm still not entirely certain. What I do agree on 100% with Mr. Barsalou-Duval is the part of the amendment that says we need to end the culture that has persisted for too long in the Canadian Armed Forces. I absolutely agree with him. I know that's something all members of this committee believe in and want to do.

We have now spent four months hearing from witnesses, and each time we think we're at the point where we can actually start looking at the draft of the report so we can put recommendations forward, there are emergency meetings and motions to bring new witnesses. Each time, with thoughtfulness, the committee has said, “Okay, let's call those witnesses.” We called Mr. Marques and we called Ms. Telford, but as soon as we're ready to start, there's always another motion. I'll be honest. I don't believe that if we pass this motion or even the amendment, there wouldn't be yet another.

Honestly, I think the best solution would be to withdraw the motion and allow the chair to call the meeting on Friday, at our next planned sitting, to be able to actually start going through these draft reports. Having said that, I want to discuss some of the pieces of this amendment that talk about the culture. I would take exception to members of this committee who suggest that anybody's speaking for survivors because, throughout this process, I have been reading recommendations that came from survivors.

They were either written by survivors, or spoken in testimony, whether it's testimony in our committee or testimony in the status of women committee. This is not necessarily what I think should happen. These are recommendations that have been presented by survivors. We know that survivors are not a homogeneous group. We know there are many different views. In fact, there are many different views about what the solutions are. I have heard people suggest that Madame Arbour's review is not necessary because there's already a review from six years ago.

We saw, with the Deschamps report that there was, I believe, a goodwill intent to try to implement those recommendations. We created the SMRCs, the sexual misconduct response centres, and gave them specialized ability, external support and additional resources to be a point of contact and to assist survivors. The SMRCs are doing a wonderful job. What we didn't realize at the time, and what is becoming very apparent now, is that taking it out of the Canadian Armed Forces but still putting it under the Department of National Defence, the civilian side, was not what survivors consider to be complete independence.

What we're realizing now is that we need to go beyond that, but it's very intertwined.

(1215) We have as many solutions being proposed as there are problems. Madame Deschamps made it clear that there needs to be an external independent body, but did not say how or what it's going to look like. The details of it were not there. For those who are saying, well, just do it, we've already seen a number of different people—different survivors, advocates, academics—who have come up with very different perceptions of what the how is. For many, the how is, as we've even heard, that perhaps it would be the ombudsperson reporting to Parliament.

We've heard people say it has to be the SMRC, because they're the ones with specialized knowledge about sexual misconduct and we need to have something that's not about all issues where you might call an ombudsperson, but about sexual misconduct. Then you have some who say no, if it's within the SMRC, then you have perpetrators and the people who are impacted in the same institution, and you need a firewall between them. Many have called for something like an inspector general, completely outside the chain of command. Then what would that be? What would that role be?

We know that the military justice system is something many survivors have asked us to take a look at. We know there have been many survivors whose experience with that system and experience with the military police system and with their chain of command has been very harmful to them. We need to look at that as well. When those people are saying that Madame Deschamps had all of the road map, identified the problem, identified what the general solutions had to be.... By the way, we've implemented many of those solutions.

We had a piece of legislation, Bill C-77 , that was specifically about a victim's declaration of rights. Looking at the military justice system, we know right now that former Justice Morris Fish is finalizing a report about that system. This is a result of a mandatory review of the National Defence Act. I would hope this committee would be interested in that report when it is tabled with this committee, and will take the time to call Justice Fish and talk about that. In fact, our next study after this is about military justice.

We know that military justice is core to making sure there is support for survivors to be able to get the just outcome they're looking for. There are so many proposals around this, even in our committee.

We heard many different solutions, and we're having Madame Arbour look at all of this and be able to give the road map and give the how—how are we going to achieve this, taking all the different viewpoints about what it should look like and putting them together and actually creating a system based on the lived experience of survivors and on preventing that there be more survivors, which by the way, this amendment says? I'm very appreciative to my colleague from the Bloc for putting that in this amendment, because that's precisely what we have to do when we're looking at the solutions.

If the committee were to find consensus around some of these points and present that as an interim report, I think those points of consensus would carry a lot of weight because, instead of a committee report where you have four parties saying completely different things and different supplemental or dissenting reports, you would have a report that has the thoughtfulness of all parties together focused on the women and men. That would be a wonderful idea. To be honest, I'm a little concerned. Given the discussions that have happened, I don't know if we'll get there, but I hope we do. I appreciate that Mr.

Barsalou-Duval is trying, at least. He's putting forward something that might actually give us a path to where we could find that consensus. However, regardless of that, we know that right now we have General Carignan, who is assigned to take all the different pieces of this across CAF, across the Department of National Defence, and pull it all together and not wait a year for a report. I think this is also a little cynical when people say, well, we're taking Madame Arbour and just doing another review so we can wait.

We've said very clearly—and at some point I would like to read the speech I gave when we announced Madame Arbour and General Carignan—that we're going to be implementing.... First of all, the minister has said that Madame Arbour's recommendations will be binding, that we are going to act on them, but also that we will be implementing them as the interim measures come forward.

(1220) That means that as General Carignan is set up, when Madame Arbour suggests we need to act quickly on this particular piece, she's already in place and she'll already be able to start implementing those measures right now. We're talking within weeks. For those survivors who are listening, I know that time is urgent and that we have to do something now. I have heard you and I've had conversations, and I know this is a really difficult time for survivors.

It's a difficult time for those people in the Canadian Armed Forces who have experienced this horrendous and intolerable behaviour, who haven't yet come forward. I want to say to you that I don't blame you. I know we talk about courage with people who come forward. There is no lack of courage if you're at a point where you're not ready to come forward.

However, our job, our accountability as legislators, is to make sure we create a system where you can, where you feel safe, where you feel comfortable, where you know that if you come forward you will be able to have empowerment over how that process unfolds, and that you yourself will be able to control how you can advance that. If what you want is that the person who perpetrated comes to justice, we have a system in place that will make sure that happens.

If what you need is peer support, if what you need is counselling, if what you need is just to put forward ideas, solutions or proposals to fix the system so the next person doesn't go through what you went through, that has to be an avenue for you as well. It isn't one thing. We know that for survivors there are many steps and often it's difficult being the first. What we're seeing in the Canadian Armed Forces, and I can speak from personal experience, is that often you don't want to be the first one to speak up. You want to see if somebody else has gone through the same thing and then speak up.

I think that is what's happening. When people feel that they see consequences, that there is no impunity, at that point we will start seeing more people feel comfortable and safe coming forward.

Our goal and our objective right now is to create a process that makes it safe, where you do not have to fear reprisal, where you have control over how the process unfolds, where you have advocates, where you have information about what your options are and what each of them looks like, that if you decide to do this, it's not going to lead to a process over which you no longer feel you have control; it also needs to be a process that makes sure this doesn't happen again.

Doing that means that in regard to the people who are doing this behaviour—and we've seen it, criminal behaviour—but also the behaviours that minimize and diminish and make people feel small and unwelcome, everything along that spectrum has a process where it can be dealt with and people at a certain point can see a just outcome. What we're seeing in the Canadian Armed Forces right now is very hard, but it's something we have to go through.

Once the high profile cases came forward, once people started to speak their truth and once you had people saying, “This happened to me,” and doing so in a public forum, which is incredibly difficult and frankly shouldn't have to be the way to do it.... There have been ways to do this both confidentially and also through a military justice process, and publicly if that's what the person wishes to do, but once people started to do that, we started to see consequences. We have actual military police investigations happening right now.

We have an entire Canadian Armed Forces that is looking at this issue of changing the culture. We have a number of people who have had to step aside because of these investigations, and seeing that is going to make others feel empowered that they too can speak out. I believe we are going to see more of this, and I don't think that's necessarily a bad thing, because it's something we have to go through in order to get to the other side of this, which is having a culture within the Canadian Armed Forces that allows people to thrive. It is not enough to stop this behaviour. It is not enough to stop the harm.

It's not enough to stop the diminishing remarks.

(1225) We heard Professor Okros talk about how power is defined, with this idea of a normative masculine warrior culture that is really based in a World War I, in-the-trenches kind of concept of what a military is. The Canadian Armed Forces is going through a tremendous shift, as are armed forces around the world. There are so many occupations, and so much of it is based on intelligence. So much of it is different from the toxic masculinity that there is currently in the Canadian Armed Forces. This is not to say that all members or that individual members in the Canadian Armed Forces are somehow not good.

This is about a systemic culture that frankly hurts women, but it also hurts men because it creates this kind of normative. As soon as you don't fit into that, as soon as you're a bit different—and we see this with all kinds of identity factors—you feel unwelcome. I've heard it. I've heard it from so many people who feel that it isn't even the really overt criminal activities; it's every step along the way that escalates until it gets to that point. That's what we need to focus on. I'm so glad this amendment talks specifically about the culture. I have a lot more to say about the culture.

I know that some of my colleagues have their hands up, so I'll make sure they get a chance to speak. Mr. Barsalou-Duval, by focusing on the culture but also focusing on the survivors, is doing a great service here. I'm still not convinced that it gets us beyond the impasse, but I hope that the members of the committee can think about what he has said here so that perhaps we find a way forward. We can still have a report that is going to provide recommendations and that perhaps we can say has the support of all members of this committee from all parties, because this is not a partisan issue.

This is something I think all Canadians share. We are in a very difficult time right now in the Canadian Armed Forces. We need to get through this time in such a way that we can come out of it stronger, with better processes and better procedures, so that this doesn't happen again. At the end of the day, as I said, it's not enough to stop harm; we need to create a Canadian Armed Forces in which people thrive, in which everybody is appreciated for what they bring, and in which diversity brings strength. This is where we want to get. This is only the first step. I very much look forward to the work of Ms.

Arbour and General Carignan on this. I really hope members of the committee can set aside politics and really try to have some recommendations on which we can build constructively so we can find a way forward to build a better institution at the end of this. Thank you, Madam Chair.

The Chair :

Thank you, Ms. Vandenbeld. We go now to Mr. Lightbound. Go ahead, please.

[ Translation ]

Mr. Joël Lightbound (Louis-Hébert, Lib.) :

Thank you, Madam Chair. I want to thank my colleagues for their remarks and for their invitation. This is my first time participating in the committee or attending one of its meetings. I want to start by saying that I appreciate Mr. Barsalou‑Duval's amendment. As my colleague pointed out, it helps set the stage for the committee's recommendations and testimony to make their way through the House, thereby enlightening Canadians and the Canadian Armed Forces about the culture change needed within the military. From what I've seen, a great deal of testimony in the committee focused on what must change.

We know that systemic change is needed within the Canadian Armed Forces. However, as noted, this amendment is related to a motion to limit the amount of time that the committee can spend on considering these recommendations and carefully analyzing the testimony. I serve on the Standing Committee on Public Safety and National Security, where we're finalizing an equally important report on systemic racism in our police forces, including the Royal Canadian Mounted Police.

We've spent many meetings considering all the testimony heard by the committee, much of it very disturbing, and the recommendations for changing the culture within the police forces to address systemic racism. Based on my experience, I can tell you that all this requires time and thoughtful discussion. It isn't always easy. The parties and members of Parliament approach these issues from different perspectives. As noted by my colleague, Ms. Vandenbeld, the committee must take the time to build consensus, which holds much more weight than preparing separate reports.

As parliamentarians, we must find common ground, take the time to hold these discussions and determine the most effective way to make the necessary culture changes. We must join forces because there's strength in numbers. We must come up with recommendations that everyone can agree on. Given the importance of the committee's study and the issue at hand, the committee must take the time to build consensus so that parliamentarians can join forces and make recommendations that will lead to the desired outcome. This outcome is a culture change for men, women and the Canadian Armed Forces.

For too long, they have endured a broken system that must be fixed and corrected. On that note, I think that the main motion poses a problem, in part because it narrows the scope of the study of this truly systemic issue and limits the amount of time that parliamentarians will spend on it. I want to point out that the comments made by Ms. Damoff, who has since left, are very relevant. We need to look at the system as a whole to ensure that the proposed changes address the failures of the past and resolve issues for the future.

We need to focus all government actions and all parliamentary discussions on survivors and make them our main concern. This is more important than trying to score political points on this issue. This certainly isn't the issue for that. In terms of the culture change needed, I'm very interested in what Louise Arbour will be preparing. Her independent and comprehensive external review of the Department of National Defence and the Canadian Armed Forces is significant. Ms. Arbour commands respect. She has a proven track record as a justice of the Supreme Court. She can bring a very valuable perspective to this issue.

Accountability and review are needed at all levels of the Canadian Armed Forces and the Department of National Defence, not only on an individual level, but also at the rank level. At the organizational level, she will review National Defence policies and practices and evaluate their effectiveness in eradicating sexual misconduct and sexual harassment. I gather that Ms. Arbour's binding recommendations must be fully implemented on the ground and mustn't remain unheeded.

(1230) That's where her perspective, report and review will help with this culture change. I believe that the announced review will play a critical role. What are the goals of this review? We want to know why sexual harassment and misconduct persist within the Canadian Armed Forces, despite considerable, concerted efforts to eradicate them. We want to know what barriers make it difficult for victims and survivors to report inappropriate behaviour. Everyone in the Canadian Armed Forces should feel comfortable reporting inappropriate behaviour. This must be the case as we move forward.

We want to know whether the response is adequate when victims report sexual misconduct. We must have this information. We want it to be used to make recommendations on preventing and eradicating sexual harassment and misconduct within the Canadian Armed Forces once and for all. The Department of National Defence and the Canadian Armed Forces have selected Ms. Arbour to lead this review. As I said, Ms. Arbour has the respect, legitimacy and independence to fulfill this important mandate.

She will certainly also build on the report issued by former Justice Deschamps, who made 10 key recommendations to address and eliminate sexual misconduct and harassment as part of her review. The Department of National Defence has taken several significant steps to implement Ms. Deschamps' recommendations. For example, the sexual misconduct response centre, or SMRC, referred to by Ms. Vandenbeld was established. Ms. Arbour's review will build on her work. She will look at the issues from a broader perspective to help the defence team chart a path forward. I believe that Ms.

Arbour's experience makes her ideally suited to conduct this review. This review will focus on defence's policies, procedures and practices. She will look at where efforts to address and eradicate sexual harassment and misconduct are falling short. She will determine how to improve these efforts in a practical way so that the necessary changes can be implemented in practice. As part of her review, she will also take into account all relevant independent reviews of the department and the Canadian Armed Forces.

This certainly includes the recommendations of the Deschamps report and their implementation, but also the work being done by the Honourable Morris Fish. He is leading the review of the National Defence Act. Ms. Arbour will also consider the Auditor General's reports and other internal audits. She will review their recommendations and findings. This must be done based on a solid foundation, including all the efforts already made, which I have just outlined.

However, in addition to looking at existing reviews, she will evaluate current organizational practices to see whether these practices are being consistently and effectively re‑evaluated and to determine what needs improvement to prevent incidents of sexual misconduct. This includes looking at the recruitment, training, performance evaluation, posting and promotion systems in the Canadian Armed Forces. Ms. Arbour will also review the policies, procedures and practices of the military justice system dealing with sexual harassment and misconduct.

I understand that a review of the military justice system has been requested by some witnesses over the course of the committee's studies. This is important. Ms. Arbour, with her background, is well suited to observe these procedures and practices within the military justice system and to see how they might be improved or enhanced. The review will be based on the opinions, accounts and experiences of Canadian Armed Forces members and the defence team. All voices will be heard and must be heard. As part of her mandate, Ms. Arbour will also invite victims to contribute to her review.

I think that their voices must be heard. They must be the focus of Ms. Arbour's actions and of the review. The review will be conducted anonymously, of course, to encourage all individuals who wish to come forward. It will certainly focus on the lived experience of women and members of the LGBT community. However, I also believe that Ms. Arbour will be called upon to work with the advisory panel on racism and systemic discrimination to reduce any unintended duplication of efforts within our institutions.

(1235) She will compile all this testimony to establish various significant aspects: how the culture within the defence team encourages silence and complicity; how fear of retaliation acts as a barrier to reporting incidents of sexual harassment or misconduct; and how defence policies have sometimes been inconsistently applied throughout the organization. Ms. Arbour must address this issue and must have the opportunity to do so in a transparent and independent manner, as stated in her mandate.

In this regard, her assessment of procedures and policies will guide and inform the actions of the Department of National Defence and the government. I see that some of my colleagues want to speak, so I'll wrap up my remarks shortly. One issue with the motion moved is that it narrows the scope. We need a broader analysis and assessment of the situation in the Canadian Armed Forces with respect to sexual misconduct and other culture issues. We need to cast the net wide. Victims and survivors must be the focus of questions, concerns and certainly actions and recommendations.

Regarding the amendment, I think that it's a good approach. That said, we can't constrain or limit parliamentary debate on such a significant issue. I'll stop here, Madam Chair. Thank you for your attention.

(1240) The Chair :

Thank you, Mr. Lightbound. [ English ] Mr. Bagnell, go ahead, please.

Hon. Larry Bagnell :

Thank you, Madam Chair. I want to make a few comments on the comments that have been made in this debate so far. Following up on the most recent, in relation to Madam Arbour, I don't think anyone on the committee doubts her tremendous ability. The Deschamps report identified the type of process—the need, for instance, for independence, etc.—but the mechanism for doing it, of the various things that need to be done, was not outlined. Madam Arbour, I agree, will be great at providing a detailed road map on how to get to the places Madam Deschamps suggested.

The discussion a few minutes ago related to training is also a good example of how the solutions to this aren't easy, being that it's been endemic for decades in our military, and in other militaries. Simple solutions will not do the trick. A good example was the emphasis put on appropriate training. Training sessions were put up, but I heard one witness—and I can't remember if it was at committee or at another event—talk about how she, as the trainer, was laughed at. They made fun of her, and that's all part of the culture. That's what's important about the Bloc amendment.

As I said before, unfortunately, it's tied to an untenable main motion, but on the culture, it is a huge item. We're all part of a culture. We're social, and to a large extent we work within and follow a culture that we're in. Dr. Okros made a good comment on that:

The...comment I would make with this is that there does need to be a unique military culture. Canadians require very specific things from the women and men who are providing security for them. That requires some very specific things. There is no other employer that has the concept of unlimited liability, that expects and requires people to put themselves in harm's way.

To do that, to generate those capabilities and the capacity to endure...what can be really arduous circumstances, does require something unique that most private sector employers don't need.

The issue is, what should that culture be? I think that's the issue that is really up for debate and discussion. Again, what the comments we're providing here...[this] is a tension in the military as well around evolving over time. One thing that is baked into the military philosophy is that there are really important lessons that have been learned, that were paid for in blood over the centuries, that we will never forget.

That is of importance, but that can hold the military back from trying to envision the future military culture that they need to be building within a 21st-century security context, and with young Canadians who are seeking to serve their country in uniform.

It needs to be a unique culture. The debate, really, is about what should that culture be, what should be retained and what needs to fundamentally change.

It just emphasizes my previous point that nothing is simple, and that's why our debate should be revolving around these critical issues that we've heard. We've had many, many meetings. We've heard from the survivors and from the experts who can give us a way forward, and now we need to debate and come up with those recommendations. They're not simple, and that's why they need discussion. If they were simple, they would have been done already. That's why we need the discussion on these critically important things that will help the survivors.

That's why it's disappointing that the main motion, the way it's written, would allow recommendations to go through without any debate on them. I'd be interested in hearing more from Madam Vandenbeld on culture, because I haven't studied that in any great depth. There are two last things I want to say. One is that I like the idea of modifying Mr. Barsalou-Duval's motion that we do a report based on what we could come to a consensus on. As Mr.

Garrison said, we all agree we want to help, and I am sure there are a number of recommendations that we could come to a consensus on and that would make a difference for the survivors.

(1245) The other thing from the amendment that I want to come in on is that there's been a lot of talk—the word “victims” is in there—about improved support for survivors and victims. I will discuss that at length when we get to the main motion, but the point is—and I said this earlier in debate—that hopefully we don't have to have a huge network of supports. Hopefully, by making the appropriate changes, we'll drastically reduce the incidents that Mr. Garrison said are so common at the moment.

Only we as a committee—well, not only we; they can go ahead without us—could add support and strength to consensus recommendations. They would go a lot further and would really make a difference for survivors and give the minister the moral authority to move quickly on the things we are recommending. I'll leave it at that for right now.

The Chair :

Thank you, Mr. Bagnell. [ Translation ] Mr. El‑Khoury, you have the floor.

Mr. Fayçal El-Khoury (Laval—Les Îles, Lib.) :

Thank you, Madam Chair. Every member of the defence team is entitled to be treated with respect and dignity in the workplace. It's also the responsibility of every member of the defence team, regardless of rank, position or title, even the top brass, to treat those around them with dignity and respect. We know now that this expectation isn't enough. Without rapid and decisive action, without strict enforcement of policies and without accountability, sexual misconduct and harassment within the defence team will never be truly eliminated.

We need to take a long, hard look at where our policies and initiatives failed. We have to learn from those we failed. We have to listen to them and make changes that really take our people and their needs and diverse backgrounds into account. Last week, the Minister of National Defence announced the launch of an independent, external and comprehensive review of the Department of National Defence and the Canadian Armed Forces. I want to take the time today to share details of this review, including its aim, how it will be conducted and what it means for the defence team.

There's a pressing need for accountability and review at every level of the Canadian Armed Forces and the Department of National Defence, not only from individual to individual and rank to rank, but also at the organizational level. It's important to review the policies and practices of the defence team and evaluate their efficacy at eradicating sexual misconduct and harassment. The review announced last week will play a critical role in this analysis. The goals of the review are as follows.

We want to know why harassment and sexual misconduct persist within the Canadian Armed Forces despite considerable, concerted efforts to eradicate them. We want to identify barriers to reporting inappropriate behaviour. We want to know whether the response is adequate when reports of misconduct are made. We want this information to be used to make recommendations on preventing and eradicating harassment and sexual misconduct in our armed forces once and for all. The Department of National Defence and the Canadian Armed Forces have chosen Louise Arbour to lead the review of the defence team's policies and culture.

Ms. Arbour's review will build on the report prepared by former Justice Marie Deschamps, who made 10 key recommendations to address and eliminate sexual misconduct and harassment.

(1250) Since her review, the Department of National Defence has taken many important steps to implement Ms. Deschamps's recommendations. Ms. Arbour's review will build on the important work done by Ms. Deschamps but will examine the issues from a broader perspective in order to help the defence team chart a path forward. Ms. Arbour's experience as a former Supreme Court justice puts her in an ideal position to carry out this review in a completely impartial manner.

She will work independently from the chain of command of the Canadian Armed Forces and the Department of National Defence in order to remain neutral and ensure that the important work she's being asked to do won't be subject to any political influence. I think that we all agree that this would be inappropriate. Her review will examine the policies, procedures and practices of the defence team. She will look at where the team's efforts to address and eradicate sexual misconduct and harassment are falling short and at how these efforts must be strengthened and improved.

As part of her review, she will consider all relevant independent reviews concerning the Department of National Defence and the Canadian Armed Forces. This includes evaluating the defence team's implementation of the Deschamps report's recommendations. This evaluation will be coordinated with the Honourable Morris Fish, who is overseeing the review of the National Defence Act. The findings and recommendations of the Office of the Auditor General's reports and other internal audits will also be reviewed.

In addition to considering these existing reviews, she will also evaluate organizational practices that, if effectively re‑evaluated, could help prevent incidents of sexual misconduct. These practices include the recruitment, training, performance evaluation, posting and promotion systems of the Canadian Armed Forces. Ms. Arbour will also evaluate the policies, procedures and practices of the military justice system dealing with sexual harassment and misconduct. More importantly, the review will be based on the views, accounts and experiences of current and former members of the defence team.

All concerned members of the defence team deserve to be heard. Those who wish to share their experiences will be invited to provide input for Ms. Arbour's review. Their names will remain anonymous. Ms. Arbour will conduct her review without referring to specific cases of sexual harassment or misconduct in order to protect their privacy. Her review will focus on women and members of the LGBTQ+ community so that the defence team gains a better understanding of their perspectives and experiences.

(1255) She will work with the advisory panel on systemic racism, discrimination with a focus on anti‑indigenous and anti‑Black racism, LGBTQ2+ prejudice, gender bias and white supremacy to reduce any unintended duplication of efforts. Ms.

Arbour will put all this testimony together to identify signs that the defence team's culture promotes [ Inaudible—Editor ] and complicity, how fear of reprisal acts as a barrier to reporting harassment and sexual misconduct, and any indication that the defence team's policies were applied inconsistently across the organization, as in the case of political influence in the appointment of General Jonathan Vance in 2015.

Even though there were rumours about him being the subject of an active investigation by the Canadian Forces National Investigation Service, the official opposition parties still appointed Jonathan Vance chief of the defence staff. All these factors will inform her recommendations to the minister, the deputy minister and the chief of the defence staff. Accountability and transparency are key to changing the culture and eradicating sexual misconduct and harassment in the defence team. These are the guiding principles of Ms. Arbour's investigation.

She will provide monthly progress reports to the Minister of National Defence , as well as interim assessments and recommendations. All these assessments will be made public, as will the draft and final review reports. Ms. Arbour's reports will include a review of the defence team's policies and procedures, the causes and effects of barriers to reporting inappropriate behaviour, and an assessment of the sexual misconduct response centre's mandate and activities, independence from the chain of command and response to reports of sexual misconduct. She will also make key recommendations.

I could go much further, but I'll stop here. Thank you.

(1300) [ English ]

The Chair :

Thank you. [ The meeting was suspended at 1:01 p.m., Friday, May 21 ] [ The meeting resumed at 4:14 p.m., Wednesday, May 26 ]

(13610) The Chair :

I call this meeting back to order. This is a resumption of meeting number 32 of the House of Commons Standing Committee on National Defence that was started on Friday, May 21, 2021. I won't go through all of the

preamble. We'll keep it short so that we can get our full two hours in today. If

interpretation is lost, please let me know immediately, because I think it's very important that everyone is able to participate to the fullest extent possible. Before speaking, please wait until I recognize you by name. When speaking—and I'm reminding myself again—please speak slowly and clearly for our interpreters so that they can do the good work that we're counting on them to do. When you're not speaking, your mike should be on mute.

With regard to a speaking list, the committee clerk and I will do the best we can to maintain a consolidated order of speaking for all members, whether they're participating virtually or in person. Pursuant to Standing Order 106(4), the committee is meeting today to consider a request received by the clerk and submitted by four members of the committee to discuss a request for additional witnesses for the study of addressing sexual misconduct issues in the Canadian Armed Forces, including the allegations against former chief of the defence staff Jonathan Vance. I will now open the floor for debate. Mr.

Bezan, I think you're up first.

(13615) Mr. James Bezan :

Thank you, Madam Chair. I don't believe we need to move any motions back on the floor, since it's a resumption of the last meeting. I'll just say this.

Again, I just want to ask the committee to move quickly to accept this motion so that we can bring in Zita Astravas as the only person who can shed light on the contradictions that we've heard from numerous witnesses, including the Prime Minister 's chief of staff Katie Telford, former clerk of the Privy Council Michael Wernick, former prime ministerial adviser Elder Marques and Minister of National Defence Harjit Sajjan , who all had different versions of who reported the allegations that came before the Minister of Defence on March 1, 2018, as was presented by former ombudsman Gary Walbourne.

The Liberal members of this committee have been talking out the clock. You, Madam Chair, have been suspending meetings at will, and all that has obstructed the work of this committee. It's blocked key witnesses from appearing. This has gone on for days on end, and it's time to put an end to it.

I would implore members of the Liberal Party who sit on this committee to get down to the brass tacks of passing this motion and dealing with this in a timely manner so that we can hear from Zita Astravas, get her summoned to this committee for two hours and then get back to work on the report and have it done before we rise for the summer break.

We only have five weeks left, and my calculation is that it is going to be at best nine meetings unless we find a way to add more meetings or sit into the summer so that we can table our reports, not just on sexual misconduct in the armed forces but also on our study on COVID and the work done by the Canadian Armed Forces as well as looking at mental health. Those reports are also sitting in draft form, and I know that many committee members would like to see those tabled as well.

Instead of having endless hours of debate and filibuster, instead of obstructing the work of this committee, I'd ask that Liberal members allow this committee to vote on this motion along with the amendment from Xavier, so that we can get back to the basics of what we need to do, which is to uncover what happened with the allegations against General Vance, contrast that to the allegations brought against Admiral Art McDonald and see whether or not there was a cover-up done and orchestrated by Katie Telford and Minister Sajjan by not telling the Prime Minister about these allegations back in 2018.

The women and men who serve us in uniform expect results. They expect this report to come out, and any effort to stall this work is obstruction by members who continue to filibuster and not allow this motion to come to a vote. Thank you, Madam Chair.

The Chair :

All right, Mr. Bezan. Thank you very much. I'm reminded by the clerk that we're still on the amendment. We're on the Bloc amendment to the motion. The clerk is about to send out to you the official translation. I know there were some questions last Friday about the

interpretation, so we wanted to make sure we had an official version for you. You should find that in your mailbox shortly. It's coming your way right now. Mr. Garrison, you're up next, please.

(13620) Mr. Randall Garrison :

Thank you very much, Madam Chair. I must start by saying that I was extremely disappointed in the way the last meeting concluded, with an arbitrary exit by the chair. I think it's part of the pattern Mr. Bezan pointed out of obstruction of the work of this committee by continual filibuster, by cancelling meetings and by suspending meetings.

The attempt by Liberal members to frustrate the majority of this committee in getting the witnesses we need to provide answers as to why there was no effective action on sexual misconduct in the military, and in particular, why there was no investigation and no action on General Vance, remains outstanding. It's a disservice to the survivors of sexual misconduct in the military for the Liberal members of this committee to continue to argue that they want to get on to the report for survivors, while their very filibustering frustrates getting on to that report.

It's like we live in some alternate reality where burning up time in committee doesn't keep us from getting the work done. I just don't understand the Liberals' position, other than that they do not wish to have the answers to the questions that we're asking here about why senior leaders either did not understand the severity of sexual misconduct or wanted to somehow protect senior officers who were accused of sexual misconduct.

I'm not going to go on at length, but in any institution where you have so many senior leaders who've had to exit their positions as a result of sexual misconduct, there would be a crisis and the board of that corporation or institution would be demanding accountability from those responsible. In this case, because it's the Canadian Armed Forces, the Canadian Parliament and this committee are the board that has to demand that accountability. Again we've heard many times the Liberals using the words “finger pointing”. Accountability is not finger pointing.

It's identifying the people who should have acted and failed to act and identifying the reasons it happened, so that as we go forward and promise Canadian men and women who serve that this won't happen again, there is some assurance that we know why the action didn't take place before. The promises will not be taken seriously by anybody if we don't figure out why the previous promises weren't kept. Like Mr. Bezan, I would implore the Liberal members of the committee to give up their filibustering. In the time they take to filibuster, we could have easily dealt with witnesses such as Ms.

Astravas, who many times the minister and the Prime Minister 's Office have pointed to as the key person in understanding what was conveyed from the minister's office to the Prime Minister's Office. That's the key question we still need to answer here in order to establish who's accountable for the lack of effective action. Therefore, I would urge us to go to a vote on the amendment and then on the main motion expeditiously to

schedule Ms. Astravas's appearance. Then we can get on to finishing the report on sexual misconduct, and then, though I would prefer to have dealt with them earlier, we can also get a chance to deal with the other two important reports: on COVID and the Canadian Armed Forces, and mental health in the Canadian military. There's important work to do here and I implore the Liberals to stop obstructing that work.

The Chair :

All right, Mr. Garrison. Thank you very much. We go on to Mr. Spengemann, please.

Mr. Sven Spengemann (Mississauga—Lakeshore, Lib.) :

Madam Chair, thanks very much. It's good to be with you, colleagues. It feels a little bit like déjà vu. I said consistently from the outset that there are two components to our work. They are of equal importance, but in terms of the real heavy lifting on culture change, it is probably the more challenging problem. Everybody has pointed to it. Every single witness has said that the culture needs to be changed. That culture pre-existed, with informed speculation, the tenure of General Vance as CDS.

It requires the recommendations that, as I alluded to in testimony in other sessions, a lot of countries have gone through or are going through. In parallel with that, we have a number of important cases that have come forward, including two former chiefs of defence staff and most recently, Major-General Fortin. We can see each of these cases as being emblematic of a much deeper cultural problem. To use a metaphor that might not perfectly fit, it's maybe the tip of the iceberg.

Unless we look at the iceberg itself, take it apart and look at the recommendations that will really change the trajectory of the Canadian Forces as an employer within which sexual misconduct no longer happens, we will not do our work. Yes, the opposition is perfectly within their right to chase after additional testimony. In this case, I think we have heard testimony that's starting to be very consistent with respect to where accountabilities lie.

Messages have come from witnesses, including Ray Novak, the former chief of staff of the former minister of defence, who has said that it is “inappropriate” in our democracy to involve elected officials including ministers or prime ministers in investigative processes with respect to misconduct. There is clarity on that. There is also clarity with respect to the systematicity of this problem. There is clarity with respect to challenges relating to the chain of command, to demographics in the Canadian Forces and to the long existence of this issue.

I think it would be a disservice to Canadian women if this committee was not in a position, prior to the summer recess, to put forward recommendations that aren't simply approved with a simple up or down vote, but that have been subjected to discussion and debate among the committee, and are prioritized and identified as the ones that are able to really make progress in a most expeditious manner, in parallel with the work of Madam Justice Arbour. Let me take the committee back to 2015. I have referred to this previously, but maybe it bears repeating briefly in the context of this amendment that's now before us.

I'm referring to an

article published on April 22, 2021, in the Ottawa Citizen by David Pugliese where it is reported that General Jonathan Vance boasted that he was “untouchable” by military police. Further in the

article it referred to the fact that he claims to have “owned” the Canadian Forces national investigation service. We have received much more recent evidence that's before the committee, and there may well be witnesses that we could bring in to illuminate this evidence more closely, but in my estimation that is not where the real work is. I will explain that in a minute. According to that evidence, there was an investigation under way in 2015 at the time of the appointment of General Vance under the former Conservative government. Shortly after General Vance's appointment, that investigation came to a halt.

If you take that evidence in conjunction with the testimony of the general's reported statement through media testimony that he “owned” the investigative service, that is really where the systematic nature of this problem lies. In 2015, how could the appointed head of the Canadian Forces be in such an asymmetrical position of power and so removed from parliamentary oversight that he could boast about owning the Canadian Forces national investigation service?

If it's true that General Vance was able to bring an investigation to a close at that time, that is an issue that every member of this committee across party lines should be seized with and should look at. In that respect, it's not irrelevant who comes forward in terms of complaining against whom. That is incredibly important. It just points to a much more systematic problem that we need to solve. We have to weigh that against the timeline towards completion of this parliamentary session and the need to put out a report that has substance and recommendations.

We have had testimony with respect to ministerial accountability and the ministerial roles involved in this government with respect to Jonathan Vance. The Minister of Defence himself came and testified for six hours.

(13625) We have had staff from PCO. We have had Katie Telford, from the Prime Minister 's Office, and Elder Marques, former PMO staff. We've had extensive testimony that pointed to the conclusion that it is not appropriate to involve either the minister of defence or the Prime Minister in investigative processes relating to the chief of the defence staff. The systematic nature of the problem is his reported ownership of the authority that is now investigating and, presumably, potentially, wasn't at the time of his appointment, or its investigation was truncated shortly after his appointment took place.

That's a problem that I think we should all be concerned about. I haven't seen symmetry within the thinking of this committee to look at these questions, to look at the recommendations. Yes, we've heard testimony.

Yes, we have a pile of recommendations that have been put forward, but what is this committee going to say in June of this year to give confidence to the serving women, the former serving women of the Canadian forces, the men who are allies, Canadians of all genders, Canadians of all walks of life who wish to serve in the Canadian forces and feel that they can't, or the ones who are already serving and feel that they don't have a voice and that they can't come forward or, if they do come forward, that their careers and their futures are in doubt because they have taken the step of speaking out?

Those are the systematic questions that are exemplified in the cases that we have looked at and the cases that we've studied that are properly investigated by independent authorities. I think we have gathered the political and policy evidence behind them that we need to make recommendations urgently to take our country forward.

Again, I've pointed to a number of other militaries similar in nature to Canada's in the sense that they are military, they are subject to liberal democracy and parliamentary oversight and, at the very same time that we're talking about this, they are struggling and, in some cases, have put forward recommendations and processes that have been illuminating, quite helpful and could potentially be emulated. I've injected those thoughts into the committee's discussion and will continue to do so.

We have some work ahead, and I think we need to focus on the iceberg without in any way slighting the significance of the victims of the cases that are before us and that we've studied in the form of the individual allegations that have been made. Thank you, Madam Chair.

(13630) The Chair :

Thank you very much, Mr. Spengemann. [ Translation ] Mr. Barsalou‑Duval, you have the floor.

Mr. Xavier Barsalou-Duval :

Thank you, Madam Chair. I too wanted to speak today. I don't know whether the committee members have had a chance to reflect on their actions, or at least on how we've been working in this committee over the past few weeks. However, I don't think that this practice of filibustering is conducive to the smooth running of the committee or to the effective use of the financial resources of the House, whose employees are paid by the taxpayers. I think that it would be worth asking the following question. If our constituents, who are also the taxpayers, were here today, would they really be proud of us?

If I weren't fortunate enough to be in my current position and if I had been tuning in to this committee for several weeks, I would be ashamed. I would feel as though I were watching school children who aren't trying to move forward and solve problems. The government filibusters every time members, especially from the opposition, want to call new witnesses, even though we're conducting a very serious study. I find this practice very unfortunate and even shameful. I hope that my colleagues around the table will have had the opportunity during these meetings to reflect on this.

Perhaps they will also have the chance to do so at this meeting. I want to ask my colleagues to stop this unacceptable waste of the committee's time so that we can finally move forward and do our work.

The Chair :

Thank you. [ English ] Mr. Bagnell, please go ahead.

Hon. Larry Bagnell :

Thank you, Madam Chair. I would agree. I would implore that we stop this waste of time by debating motion after motion and witness after witness, which is unnecessary and is delaying the study. I implore Mr. Bezan to remove the motion, which, as he probably knows, has a number of problems with it. It doesn't bring forward the witnesses we need if we want to go further into the who, how, where and when, which I'll go into in great depth when we get to the main motion.

For the exact reason that people expect a report to come out, stop doing motions that recall witnesses who have been here for hours and who have nothing to add to the debate. Stop calling a witness whose potential testimony has already been dealt with and then a motion that wouldn't allow us to put a stop to looking at each recommendation, debating them and coming out with a serious report. We had an anonymous email and no one knew what was in it because the person wanted their privacy, and they were allowed their privacy.

It's incredible that, instead of dealing with the major problems to help the people in the military, Mr. Bezan would keep calling witnesses related to that email and not all the great testimony we've had from experts and victims. If you want to go back.... I don't. I want to get on to dealing with those serious issues, but if you want to go back to the who, why and where, and then, as Mr. Garrison said, the serious issues related to the appointment of General Vance, as Mr. Garrison said, when people should have acted and failed to act....

There were potential investigations, one, apparently, there was pressure to stop on the day General Vance was appointed, and another one, a quote from someone.... The vice-chief of the defence staff said it was a mystery who investigated, seeing as it didn't occur. Those are the serious questions that people want to go back to. I don't want to go back to that. I want to get on to the issues of helping the people in the military. As Mr.

Barsalou-Duval said, why are members acting the way they are by bringing witness after witness, trying to recall witnesses and extending on this one email that's already been fully investigated as far as it could go, because the person didn't want to let any of the details forward. We only have so much time in government. As everyone knows who's been in government, there are a huge number of federal departments, agencies and things that have to be dealt with, so there are rare points in time when you can get to the item that you want to make progress on.

I think this is one of those points in time when we have a minister who's supportive of dealing with this, and all the committee members are supportive of dealing with sexual misconduct in the military. That's what we should be dealing with. I could, in the future, if need be, explain or outline all the times and the quotes from the minister over the last several months as to how he says over and over again that much more needs to be done and that there's no tolerance. Unfortunately, it's also been said in this debate that nothing has been done, or that nothing of consequence has been done.

In fairness to the members of CAF and DND, they have been working hard to try to address this serious issue.

(13635) I think we have to dispose of that misinformation because some things have been done. There has to be a lot more, obviously, as Mr. Garrison outlined, and I've outlined in a number of committees the hundreds of complaints that have occurred. Much more needs to be done, but it's also not fair to suggest that nothing's been done. I'm going to go through some of those things, to give credit where credit's due.

The government has announced an external review, the creation of the chief of professional conduct and culture position, as well as initiatives around peer support, the extension of the SMRCs' reach across Canada and work on implementation of Bill C-77 . DND and CAF also released a joint CDS-DM initiating directive, which has provided our defence team members, veterans, observers and all Canadians much-needed clarity on DND and CAF's vision for Lieutenant-General Carignan's position and what she'll be empowered to do.

Going forward, one of General Carignan's first areas of focus is developing a plan for engagement and consultation, including targeted focus groups in coordination with our colleagues in public affairs, to ensure that we keep up the momentum on listening. In the budget that we're now debating in the House, $232.2 million over five years has been set aside, plus $33.5 million per year ongoing to address sexual misconduct and gender-based violence in the military and to support survivors.

These funds will be used for gender-based violence prevention, fully funded at $33.9 million over two years; internal support to victims, including access to legal advice; expanding the contribution program to support community-based sexual assault service providers; and a peer support pilot, online and in-person. I'll speak to that a bit later. There are additional conduct items that are fully funded at $33 million over two years to support $15 million for increased investment in the SMRC—which I'll talk about later as well—$15 million for external oversight and $3 million for external assistance with training.

Then there are investments from existing reference levels of $158.5 million, and this includes the implementation of Bill C-65 and the workplace harassment and violence prevention regulations, which I'll talk a bit about later; support for development of character assessment and training; additional support to enhance the military justice system; personnel support to base commanders; development of the departmental litigation oversight capability, which we've talked about a lot in this committee; and upgrading data management and tracking into a single system, which we've talked about having as a recommendation.

Additionally, DND and CAF are going to respond to the government with suggestions related to the CAF child care program and the clinical occupation and deployment health needs of women in uniform. I also said I was going to get back to the work, and the deputy minister mentioned that a lot had to be done, but she also mentioned that there were good things being done.

She mentioned the advancing initiatives related to the SMRC; the gender-based violence national action plan initiatives; the regional expansion of SMRC services, including a response and support coordination program; the expansion of support services to include service to DND public service employees and veterans; and the increasing need for virtual training options and targeted prevention training. The staffing of positions for that is also under way. I'll get back SMRC a little bit later and also the next time that I get to speak.

C-65 's implementation is under way, which is another item of progress, so it's not fair to say that nothing has been done or accomplished.

(13640) In the departmental approach, there's work on the implementation of the workplace harassment and violence prevention, WHVP, legislation, which continues to progress. Direction and guidance on the WHVP workplace assessment is to be released by August 2021. A service-level agreement to provide access to WHVP training for CAF members is being finalized. Training will be available online by June 2021. Mandatory training for public service employees is progressing well. As of March 31 this year, 40% of employees and 13% of members—

Mr. James Bezan :

On a point of order, Madam Chair, we're debating the proposed amendment on the floor right now. I appreciate the update that Mr. Bagnell is giving as to what's been happening in the Canadian Armed Forces, but that isn't relevant to our study and the witness that we wish to call. I'd ask that he get on point and perhaps he may want to talk about why he's complicit in the cover-up by the Liberals and what they are trying to hide by not having Zita Astravas appear at committee.

Hon. Larry Bagnell :

Madam Chair, I think it was actually that member who said that nothing's been done. Also, that member in his

preamble veered totally away from the amendment, so I will just carry on. If he didn't want to know what's being done then he shouldn't have said in previous comments that nothing is being done by CAF and DND—

(13645) Mr. James Bezan :

I said there's nothing being done by the Liberals. That's different.

Hon. Larry Bagnell :

—related to this motion. To give credit where credit is due on the things we've done, to supplement the employee assistance program, the WHVP centre of expertise is establishing additional assistance for employees affected by harassment or workplace violence. While CAF is not subject to the Canada Labour Code, CAF is working on a harassment prevention modernization initiative to further align and integrate accountability and prevention components of the WHVP with the CAF system.

Stage one of the CAF harassment prevention modernization initiative is nearing completion, including through the issuance by the VCDS of an initiating directive, development of tools and supporting documents for the relevant DAOD on harassment prevention and the establishment of a governance structure and working group. In stage two, the focus is on a CAF harassment prevention, a vision statement and the development of additional tools, guides, consultation and options. Analysis is being finalized.

This work will take into consideration and align with the work of Bill C‑65 , Bill C‑77 , negotiations on policy measures and class actions [ Technical difficulty—Editor ] and the evolution of the chief of the professional conduct and culture organization. I will now go on to military sexual trauma. Also, in relation to Mr.

Bezan's last comment, I wonder why he won't change his motion to bring forward the real witnesses to the serious problems that have now arisen since the motion was designed, which have been brought forward by the press along with this serious potential cover-up related to the investigations during the time of the appointment of General Vance. On military sexual trauma, MST, we've constantly heard from stakeholders and those affected by sexual misconduct that they want sexual trauma connected with military service to be acknowledged and recognized as such, and that they want to be supported accordingly.

Along with Veterans Affairs Canada, the SMRC and external stakeholders, we're working on developing a definition of sexual trauma connected with military service. This work is being done in full consultation with survivor groups as well as with members of the SMRC external advisory council and others. While it is not a critical term, we acknowledge that the injury is associated with sexual trauma connected to military service. We are working with VAC to ensure that there continues to be policy alignment between the two departments particularly in the delivery of supports and benefits to those affected.

I want to talk about peer support now. This committee has heard from witnesses that our focus should be on the survivors and on helping them. They've asked for peer support. Work is under way. I hope we have recommendations. When we get to the main motion, I will go a lot into the recommendations, because the motion allows for a cut-off on debate on those recommendations. As announced, DND, CAF and Veterans Affairs Canada are working on developing a professionally co-facilitated peer support program. This is another initiative that is a high priority for stakeholders, as we heard from witnesses.

This is funded through budget 2021. Because of our present situation and the direction of the world, we need to do more things online. SMRC, the CAF transition group and VAC are working to adapt an existing online peer support mobile application that was developed for Canadian Public Safety personnel. The process of adaptation, modification and implementation of the app is expected to take several months. Of course, this is very important because our military are stationed around the world. There's also support for individual people, which CAF and DND have worked so hard on.

Our government, as I've said, is not done. We have a lot more to do. As I've said at every meeting, that's what we should be working on, recommendations on those procedures. Some progress has been made. As we know, we need a lot more.

(13650) We're going to continue to consult with the experts, some of whom we had before our committee, and those who have been affected by sexual misconduct. I want to highlight some of the measures that are already in place and accessible to the DND and CAF members. The SMRC, as I mentioned earlier, offers members confidential support 24-7 and anywhere in the world. I'm happy to say that budget 2021 has increased support for that. We heard from a number of witnesses how that wasn't the be-all and end-all, but it was certainly providing helpful services. It operates outside the military chain of command.

Reporting directly to the deputy minister, it allows affected persons to access support in a confidential manner. SMRC offers many programs and services to help affected members. One of them is the response and support coordination program, which helps CAF members navigate systems from the moment they make contact with SMRC until they decide they no longer require support. At every step of the way, SMRC personnel accompany those affected by sexual violence, providing whatever support may be necessary.

CAF members seeking information about the reporting process can contact the SMRC to explore their options while remaining anonymous. Civilian members of the defence team can also access support through SMRC, as well as the employee assistance program. Though SMRC is an important tool, we haven't got this right yet. That's why the defence team is in the midst of a top-to-bottom change of its institutional culture. This is the right thing to do. It is not just a moral imperative. It is also vital to the success of the Canadian Armed Forces now and into the future. We've heard that time and time again.

I think every committee member knows this a critical problem that we have to deal with to come up with solutions. A number of things are being done already, but obviously much needs to be done. It was great to hear the acting chief of defence staff—I think it was yesterday or the day before—so open to hearing outside expertise to make sure this is done right. The culture change that's been so hard to do.... I mean, this isn't new. It's been there for decades upon decades. It's not easy to change quickly. Just making paper changes is not enough.

That's why we have all these initiatives and why we should be discussing the complexity of that culture change and how we do it. That's why the Madam Arbour announcement will be helpful. Culture change is mentioned right in the amendment to this motion, which is why this is an important discussion as well. The initial independent external comprehensive review led by the former Supreme Court Justice Louise Arbour is very important. Obviously, all the recommendations from the previous Deschamps report haven't been implemented.

Much more needs to be done, but Madam Arbour will provide the road map and a suggested way to actually achieve the things that Madam Deschamps said needed to be done. It will look into harassment and sexual misconduct in both DND and CAF and will examine the policies, procedures, programs, practices and culture within National Defence and make recommendations for improvement. From that, we'll learn what did not work from all these things that I'm talking about today of the processes that are in place. We can build on what did work, see what did not work and why it did not work.

It's been noted and, as I said in previous meetings, a number of things are very puzzling. There were a number of good things in place. Why were they not working? Why did they still lead to the hundreds of cases that Mr. Garrison and I referred to in previous meetings. It's noted in the terms of reference that Madam Arbour will be delivering a “work plan within 30 days to the effective date of” her contract.

(13655) I just wanted to mention that one other thing about the peer support program is that budget 2021 also includes funding to enhance other support services including access to free independent legal advice that will help enable CAF members to access support without making a formal complaint.

Another step forward, once again to give credit where credit is due for things that are being done and have to be acknowledged, it has been announced that Lieutenant-General Jennie Carignan will begin a new role as the chief of professional conduct and culture, which will unify, integrate and coordinate all policies, programs and activities that currently address systemic misconduct across culture change. She's moved quickly in her new role and is actively working on building a core team around her.

She's already begun to turn her attention to key issues including developing an outreach and consultation plan to continue hearing from defence team members, veterans and stakeholders, and mapping resources and reporting processes to get a clearer sense of what currently exists to inform future efforts to streamline. Another step is that in addition to these steps, our government is following through on its commitment to consult with victims of service offences, which will inform the development of the regulations needed to implement the declaration of victim rights from Bill C‑77 .

The Department of National Defence has engaged directly with victims groups and will soon be launching an online questionnaire to collect anonymous feedback from DND employees and CAF members. Certainly we've heard from victims from both of those groups, and it will be really good to get that anonymous feedback for which they will have no fear of retribution or reprisal.

That, we have heard, is one of the top three things on which this committee should be coming up with recommendations to help the minister, a minister who is open to making major changes at this critical time when we could actually make improvements. Our government has heard from the victims groups who have generously devoted their time and energy to sharing lived experiences and feedback with us and also with committees. We have heard them and we are taking action. This is what the survivors and experts who have testified at this committee and the committee on the status of women have been advocating for.

There are some other sources available to CAF members to access counselling, advice and other support services, and this may be one of the things that the report of Madam Arbour comes up with. Members aren't aware of all of these supports and maybe that's one reason they haven't been as effective as they should be. There are the CAF medical centres, military chaplains, the CF members assistance program, military family resource centres and family information centre. There are also complaint management centres.

These are another avenue for members to bring forward concerns or incidents through one of the 16 complaint management centres located across the country under the integrated conflict and complaint management program. This service combines harassment, grievance and alternative dispute resolution approaches in a streamlined fashion, and they report tracking and resolved complaints of inappropriate behaviour like sexual harassment. If the nature of the sexual misconduct requires involvement of the military police and justice system, there are supports for CAF members during this process as well.

Another support is the sexual offence response teams. The military police have established six sexual offence response teams trained to handle sexual misconduct cases appropriately and with empathy. These teams are sensitive to survivors and help them connect with other resources and support systems they need. I'm certainly looking forward to survivors and complainants getting much better treatment than some of the witnesses we heard from did and hopefully these new centres and the training will have far more appropriate support and training for survivors.

In addition, the director of military prosecutions has established a sexual misconduct action response team made up of specially trained prosecutors. Their role again is to make sure survivors are treated with compassion and understanding and that they receive information and the support they need through the military justice proceedings.

(13700) Supporting survivors of sexual misconduct is essential, and that's why steps have been taken to ensure support is available and is provided from the moment a person seeks advice or counsel through to investigation and prosecution. Along with the future changes, these steps will help to build a safe and inclusive workplace where all people are supported and treated with respect. We're creating a defence workplace where everyone is treated with dignity and respect, and we hope all our colleagues will join us in this effort.

We'll build the right system, so that when an incident occurs, members of the Canadian Armed Forces and the Department of National Defence have access to a process that is sensitive, fair and compassionate. CAF and DND are listening. They're learning. They're taking action to create an environment where sexual misconduct is never minimized, excused or ignored. We owe it to the men and women in uniform—as I think all committee members have said—to all members of the defence team and to Canadians to get this right, and we'll continue working hard to do just that on top of all these initiatives.

There has also been Bill C‑65 , with new regulations on preventing harassment and violence in the workplace. Harassment and violence in the workplace in any form, of course, will not be tolerated. Amendments to the Canada Labour Code contained in the workplace harassment and violence prevention regulations came into effect on January 1, 2021, and will expand the existing prevention-of-violence framework known as Bill C‑65. These amendments will strengthen the provisions of the Canada Labour Code by putting in place one comprehensive approach that takes all forms of harassment and violence into consideration.

This will help departments to better prevent this and to respond to and provide support to those affected by harassment and violence in the federal public service. This new regulation will affect all DND public service employees and the Canadian Armed Forces members who supervise them. The coordination and implementation of this new regulation is assigned to the ADM of civilian human resources as the functional authority for the health and well-being of the public service employees within the department.

Committee members have heard about harassment or sexual misconduct related to those employees—not just CAF members. In short, this means that, along with all Government of Canada departments and agencies, our obligations with respect to harassment and violence in the workplace will increase.

While we'll see more details in the coming weeks, some examples of what we will do under this new legislation include ensuring that a resolution process is in place and that issues are resolved in a timely and transparent manner; identifying the risk factors that contribute to harassment and violence in the workplace and developing and implementing preventive measures to mitigate these risks; and developing harassment and violence training and ensuring that all parties in the workplace, including employers, participate in this training.

In parallel, the VCDS has been tasked with addressing potential changes to the CAF policies and programs. For now, DAOD 5012‑0, “Harassment Prevention and Resolution”, and the harassment prevention and resolution instructions, accessible only on the National Defence network, will continue to apply to the CAF. Early in the new year, a working group will be be stood up to conduct—that's this year—a holistic review of the CAF harassment framework in order to modernize and align it, where possible, with the Canadian Labour Code.

The working group will also be tasked with looking at opportunities to streamline and align existing interrelated mechanisms and programs, so that, as much as possible, the employees at DND and the CAF members will have very similar treatment and help. Existing programs, preventive measures and support will remain in place to keep our defence team free as much as possible from physical and psychological harm. However, when harassment or violence does occur, we must work together to identify it, root it out and take action to prevent reoccurence.

With this new legislation, Bill C‑65 will help to strengthen all our efforts on all fronts.

(13705) The other bill that we brought in—again, to be fair, things have been done and have been moving forward—is Bill C‑77,

An Act to amend the National Defence Act —the declaration of victims rights. The

summary of the bill states:

This enactment amends provisions of the National Defence Act governing the military justice system.

It adds a new Division, entitled “Declaration of Victims Rights”, to the Code of Service Discipline, that specifies that victims of service offences have a right to information, protection, participation and restitution in respect of service offences. It adds or amends several

definitions, including “victim” and “military justice system participant”, and specifies who may act on a victim's behalf for the purposes of that Division.

I know that the Conservatives are very sensitive and supportive of victims rights. It continues:

It amends

Part III of that Act to, among other things:

(

a) specify the purpose of the Code of Service Discipline and the fundamental purpose of imposing sanctions at

summary hearings;

(

b) protect the privacy and security of victims and witnesses in proceedings [which involve] certain sexual offences;

(

c) specify factors that a military judge is to take into consideration when determining whether to make an exclusion order;

(

d) make testimonial aids more accessible to [the] vulnerable witnesses;

(

e) allow witnesses to testify using a pseudonym in appropriate cases;

We've all heard about potential retribut

Document details

CollectionHouse Committees
CitationNDDN / 43-2 / Meeting 32 / EV11435396
Typecommittee
Volume / chapterNDDN / Meeting 32
Languageen
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SourceCOMM_HOC
Identifier06a3925c3ea4f22cddce6ae5d046fa73a13a276a

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