Military members can now file sexual misconduct complaints directly to human rights commission

The federal government announced Tuesday that soldiers filing complaints about sexual misconduct or sex and gender discrimination now have the option of taking their grievances directly to the civilian Canadian Human Rights Commission (CHRC).

The change implements two recommendations former Supreme Court justice Louise Arbour made in her report on the culture of the Canadian Armed Forces (CAF) last year.

“The members of the Canadian Armed Forces are always there to serve Canadians — and it is my top priority to ensure that they are protected, respected and empowered to serve,” Defence Minister Bill Blair said in a news release.

“This new pathway to justice will better support our people in uniform and provide them with the procedural fairness that they deserve.”

Previously, CAF members could have their complaints heard by CHRC only after they had exhausted the military’s internal grievance and harassment mechanism. Following the change, they can now choose either to take their complaints directly to the CHRC or to go through the military’s process. The Department of National Defence said in the news release that the change also applies to existing complaints.

The change comes as CAF grapples with a surge in sexual misconduct allegations against senior officers and criticism of the military’s culture.

The federal government tasked Arbour with examining that culture and how the military addresses sexual misconduct and other issues. Arbour’s report, which was tabled in Parliament in May 2022, made 48 recommendations. The government said it would order the military to implement all of Arbour’s proposed changes.

The CHRC is Canada’s human rights watchdog. It operates independently of government and assesses complaints under federal human rights law.

Chief of the Defence Staff Gen. Wayne Eyre — who has raised the alarm about the military’s operational readiness and recruitment — said reform efforts like the one announced Tuesday will strengthen the military.

“This change, along with all our culture evolution initiatives, will make our teams stronger and ultimately more operationally effective,” Eyre said in the news release.

“Members will now have access to more options and services to find the best recourse options available to them.”

The government has transferred jurisdiction over military sexual assault cases to civilian law enforcement — another of Arbour’s recommendations.

Jocelyne Therrien, whom the government appointed to oversee Arbour’s proposed changes, said in June that the military lacked a strategy to address sexual misconduct in the CAF.