Military dropping policy ordering members to report sexual misconduct or racism

The Canadian military plans to scrap a controversial policy that requires its members to report all incidents of sexual misconduct or racism — regardless of whether they were directly affected by them — the Department of National Defence announced Wednesday.

Known as “duty to report,” the policy has long been criticized by victims of misconduct and independent observers like former Supreme Court justice Louise Arbour, who delivered a landmark report on sexual misconduct in the military last year.

They have argued that by allowing bystanders to report wrongdoing, the policy took agency away from victims who may or may not have wanted to speak up.

The policy was one of the major pillars of Operation Honour, the military’s campaign to stamp out sexual misconduct in the ranks.

“It was an inflexible and inhuman way to manage people,” said Lt.-Gen. Jennie Carignan, the military’s chief of professional conduct and culture.

Carignan announced the policy will be fully repealed this winter as the military introduces a new, modernized complaint system.

“It was thought that duty-to-report could help ensure that incidents were not ignored or minimized, and that it would enhance protections for survivors,” Carignan said Wednesday in her opening statement during a virtual media availability. The military did not permit media outlets to broadcast the event.

“We recognize that duty-to-report regulations have had unintended negative consequences for people affected by offences of an interpersonal nature, such as sexual misconduct or hateful conduct,” she added.

No one was ever charged with failure to report

Carignan said the repeal of the policy will not limit a member’s ability to report incidents. Rather, she said, it eliminates “the obligation to report” and gives members the opportunity to “exercise discretion and choose the best path forward.”

Failing to report incidents of misconduct and wrongdoing is punishable under military regulations. Carignan said research has shown no one was ever charged with failing to report.

She said the new system is still being designed and debated. 

“As the repeal unfolds, DND/CAF will examine whether there are specific circumstances where reporting should be mandatory and prescribed in other orders and directives,” she said.

In her review of the military’s handling of sexual misconduct, Arbour recommended doing away with the policy. A separate statutory review of the overall military justice system recommended the same thing.

Carignan defended the amount of time it took for DND to take action, saying the matter needed careful consideration because no one wanted to inadvertently make the situation worse.