Evidence of meeting #47 for National Defence in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was board's.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Bruno Hamel  Chairperson, Canadian Forces Grievance Board
Caroline Maynard  Director of Operations and General Counsel, Canadian Forces Grievance Board

4:35 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

Mr. Hamel, you said in your presentation that, with respect to referrals to the board, you were limited to only four types of grievances. Can you tell me those four types?

4:35 p.m.

Chairperson, Canadian Forces Grievance Board

Bruno Hamel

Absolutely, if no one quotes me word for word.

First of all, there are all the administrative decisions that result in release, thus employment termination measures, if I may call them that. Then there are all the grievances that concern harassment. In addition, there is everything pertaining to financial aspects: compensation, social benefits and so on. Lastly, there are grievances involving certain very specific policies, such as racism and political involvement by members of the Canadian Forces. There are three or four very specific policies respecting which there must be a referral.

In addition, referral is mandatory for any decision in which the Chief of Staff is personally involved. He may therefore not review his own decision without going through a review outside the board.

Those are the four types of grievances that we hear on a mandatory basis.

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

Ms. Maynard, has another series of concepts or definitions of grievances just been added? Has that been done?

4:40 p.m.

Director of Operations and General Counsel, Canadian Forces Grievance Board

Caroline Maynard

That has been in effect since the first... We occasionally receive that type of grievance; they are subject to a discretionary referral.

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

A discretionary referral?

4:40 p.m.

Director of Operations and General Counsel, Canadian Forces Grievance Board

Caroline Maynard

The act provides that certain types of grievances are determined by regulation. In addition to that, according to the regulations, the Chief of Staff may decide, on a discretionary basis, to refer another grievance to us. That's what's called referrals that are not mandatory, that are therefore discretionary. Since January 1, that clause has been used to send us all the grievances for which members are not satisfied with the decision or internal review.

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

So that goes beyond the four types.

4:40 p.m.

Director of Operations and General Counsel, Canadian Forces Grievance Board

Caroline Maynard

Indeed. That started on January 1; it's brand new. In principle, we should receive for review approximately 85% of all grievances forwarded to the Chief of Staff. We now refer grievances that historically fell solely within the chain of command, for which a decision had been made internally and which we did not have the power to review.

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

Now you have that power.

4:40 p.m.

Director of Operations and General Counsel, Canadian Forces Grievance Board

Caroline Maynard

Yes, since January 1.

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

Is discretionary review also provided for in the regulations?

4:40 p.m.

Director of Operations and General Counsel, Canadian Forces Grievance Board

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

All right. I believe that neither the members nor the committees of the House can make recommendations respecting the regulations, unless I'm mistaken.

4:40 p.m.

Director of Operations and General Counsel, Canadian Forces Grievance Board

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

You're a lawyer. Can you confirm that for me?

4:40 p.m.

Director of Operations and General Counsel, Canadian Forces Grievance Board

Caroline Maynard

As far as I know, this committee's mandate is to review the National Defence Act.

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

The act, not the regulations.

Now I have some questions for Mr. Hamel about the importance of neutrality.

You are appointed by the Governor in Council. Is it for a four-year term?

4:40 p.m.

Chairperson, Canadian Forces Grievance Board

Bruno Hamel

Yes, my term is for four years.

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

Are salaries determined by the Treasury Board?

4:40 p.m.

Chairperson, Canadian Forces Grievance Board

Bruno Hamel

It's the normal pay scale; it's based on the position level. It's available virtually everywhere. My position is a GCQ-5 level position.

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

How much does that represent: $1 million?

4:40 p.m.

Chairperson, Canadian Forces Grievance Board

Bruno Hamel

I'd like that. I believe the pay scale for a GCQ position ranges from $140,000 to $160,000.

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

You almost have the salary of an MP.

4:40 p.m.

Chairperson, Canadian Forces Grievance Board

Bruno Hamel

I've never looked at MPs' salaries.

4:40 p.m.

Bloc

Claude Bachand Bloc Saint-Jean, QC

Does the board have the power to revoke? Can it dismiss someone for misconduct?