National Defence Committee on May 27th, 2014

[The Chair, Conservative, Rick Norlock]

Good morning, ladies and gentlemen.

We'll begin our meeting.

Let me advise those from the media that since this proceeding is being televised, there is currently no need for cameras. I would ask you to depart, if you would. Thank you very much.

We're here to discuss sexual assault in the military. It's our pleasure to welcome the Chief of Defence Staff, General Thomas J. Lawson.

Also present today with General Lawson is Rear Admiral Jennifer Bennett, chief of reserves and cadets and champion for women in defence; Major General Blaise Cathcart, Judge Advocate General; Major General David Millar, chief of military personnel; and Colonel Robert P. Delaney, Canadian Forces provost marshal.

Before we begin, General, you have the condolences of this committee and I'm sure of all members of Parliament for the loss of Lieutenant Colonel Daniel Bobbitt, and our wishes for a speedy recovery for the two members who were also injured in that accident.

[Gen Thomas Lawson, Chief of the Defence Staff, Department of National Defence]

Thank you very much, sir. I'll pass it on.

[The Chair, Conservative, Rick Norlock]

General, as per usual, you will have about 10 minutes to broach the topic, and then we'll begin with questions and answers.

You have the floor, General.

[Gen Thomas Lawson]

Thank you, Mr. Chair and committee members, for giving me and my colleagues the opportunity to speak to you today about an issue that clearly is of deep concern to us all.

Like you, I have read and reread the articles recently published in L'actualité and Maclean's on sexual misconduct in the Canadian Armed Forces.

Like you, I am disturbed by the allegations this article contains. Certainly, no one should have to go through what these individuals have described they went through. My heart goes out to anyone who has been a victim of sexual misconduct of any kind. To speak out in such a situation takes great courage.

Regarding these articles, as hard as they were for me and for all members of the Canadian Forces to read, I recognize that their publication both highlights my responsibility and provides me with an opportunity to explain our existing policies and procedures on sexual misconduct, to re-examine them, and to improve them wherever needed.

Above all, these allegations merit a strong response from me as the Chief of the Defence Staff, and from the entire leadership of the Canadian Armed Forces.

First, let me say that I do not accept from any quarter the notion that sexual misconduct is simply part of our military culture. Sexual misconduct of any kind is wrong, it is despicable, it is corrosive, and it runs utterly contrary to everything the Canadian Forces stand for. Our primary mission, as you know, is to defend Canada and Canadians and Canadian values on behalf of the citizens of this country, and we have pledged to do so with our very lives.

For our service and sacrifice to be meaningful and effective, we must be exemplary citizens ourselves, embodying Canadian values such as respect for all persons, while maintaining the highest standards of personal conduct.

In order to operate as a cohesive and effective team in operational settings here in Canada and abroad, we must be able to trust and rely on each other as brothers and sisters in arms, regardless of gender, age, ethnicity, religion, or any differences. We need to be able to foster a culture of respect with a view to avoiding any incident in the first place. But if an incident occurs, we must address it properly.

That is why the Canadian Armed Forces and the Department of National Defence put a high emphasis on harassment prevention and resolution.

First, our harassment prevention and resolution policy was put into place in 1988. It was followed a decade later by mandatory harassment prevention training for all of our members. Then, a defence ethics program and conflict resolution programs were established in 2001. Each of these aimed to raise awareness on ethical issues and to encourage best practices to resolve problems early, before they have a chance to escalate.

I believe our efforts in these areas have proven themselves well. In fact, the latest Canadian Armed Forces workplace harassment survey, conducted in 2012, shows that harassment of all types, including sexual harassment, has substantially diminished over the past 15 years.

That said, preliminary analysis from the same 2012 survey also indicates that designated group members, including women, remain more likely to experience harassment than others. The analysis also suggests that they may be less likely to report harassment, whether for fear of career repercussions or due to a belief that their complaints may not be taken seriously. This is an important finding and one which indicates that more action is required on my part.

Our policies are clear. The chain of command must take all complaints seriously and act on them appropriately. That includes providing support to complainants without fear of reprisal.

If there's an issue with respect to under-reporting, this could suggest that there may be a gap between our official policies and procedures and the reality on the ground. If such a gap exists, no matter how wide, it must be addressed at the highest levels of the chain of command.

The military is a hierarchical, top-down organization, structured so as to succeed in an operational setting. And this affords both a challenge and an opportunity.

If leadership is complacent, our pyramidal leadership structure could be a roadblock to positive outcomes, but where leadership is committed, as I usually find it and observe it to be, it can drive quickly and effectively to desired outcomes.

I want to further stress that any allegation of sexual assault must be brought to the appropriate authorities for investigation. Sexual assault is a crime in both civilian and military justice contexts, and those Canadian Armed Forces members accused of such a crime are liable to prosecution in either system.

Now, as you're aware, Canada maintains a separate and parallel system of military justice. The Supreme Court of Canada and three independent reviews from respected jurists have recognized that this system is necessary. It allows us to enforce disciplinary standards that are higher for Canadian Armed Forces members than for the general public.

Canada's military justice system is continuously updated to ensure it reflects Canadian legal standards and values as contained in the Canadian Charter of Rights and Freedoms. Whenever allegations of behaviour contrary to the code of service discipline are brought forward, including allegations of sexual misconduct, an investigation is undertaken and, if warranted, charges are laid either at the unit level or by members of the national investigation service.

Members of this unit have the mandate to investigate serious and sensitive matters—such as sexual assault—and they have the authority to lay charges independent from the chain of command.

I should also note that the Canadian Forces military police group, including the national investigation service, also has a victim services program to provide complainants with immediate and ongoing support, including referral to other agencies where needed.

Where charges are referred for trial by court martial, an independent director of military prosecutions reviews the file, and an independent military judge appointed by the Governor in Council adjudicates the case with or without a panel, a process quite similar to that of the civilian system. Every step in a serious and sensitive matter such as sexual assault—investigation, prosecution, and adjudication—is designed to be free from any influence by the chain of command.

Sexual misconduct is abhorrent and repugnant.

As the highest-ranking officer in the Canadian Armed Forces, I've pledged to show strong leadership on this issue, and I demand that all others in uniform do the same.

I need to know if barriers exist in reporting incidents of sexual misconduct or sexual harassment, and I need to be certain that the chain of command is reacting to complaints appropriately.

I want to understand the full scope of any problems, and I want to resolve them, so I've called for engagement on this issue at every level of the organization. I have sent a clear message to all members of the Canadian Armed Forces that sexual misconduct goes against the entirety of our military ethos and will not be tolerated. I've ordered an internal review of our workplace programs and policies, and I have committed now to conducting an external, independent review into how the Canadian Armed Forces deals with issues related to sexual misconduct and sexual harassment.

As findings emerge from these reviews, I'll consider all options to resolve any problems that we identify, including making improvements to Canadian Armed Forces policies, procedures, programs, and education.

I will not accept our sisters and brothers in arms to be betrayed by their own.

I will continue to make it clear to every member of the Canadian Armed Forces that each of us is responsible for fostering a healthy work environment and that we will do this only by treating everyone with respect, by reporting any alleged service offence, and by supporting victims of misconduct.

Mr. Chair, thank you.

Merci.

[The Chair, Conservative, Rick Norlock]

Thank you very much, General.

We begin our questioning for seven minutes.

Ms. Gallant, you have seven minutes.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Thank you, Mr. Chairman.

On April 26 of this year, it was reported that the Chief of the Defence Staff announced an internal review of Canadian Armed Forces workplace, programs, policy, and leadership engagement. The public did not react positively to an internal review, so we are pleased that three days later it was reported that an independent external review of the same subject would take place. Has this review commenced?

[Gen Thomas Lawson]

The internal review, ma'am, was designed to provide me what I believed was faith in a set of policies that had been indicated to have decreased harassment of all kinds greatly since 1998. With the publication of recent articles, I needed to be sure that these policies were in place.

What came forth from that was an indication that there may be some systemic barriers in place that may be keeping individuals who felt they had suffered from sexual harassment or sexual misconduct of any kind from coming forward. There were also indications that there may be room to standardize the way the chain of command responded to any allegations.

So with that, I decided that we would put in place the terms of reference for an external review, and we're moving forward on that piece.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

How will the entity that is independent and external be selected to conduct this review?

[Gen Thomas Lawson]

We're looking for a distinguished Canadian, hopefully with judicial background, who would be willing to take this review on.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

How does the military presently enforce its policy on sexual harassment and monitor its members?

[Gen Thomas Lawson]

Our policies are firm. They're very clear, and the individuals we have on the ground to look after all of our men and women in uniform are our commanding officers. Everybody who is operating out there belongs to a unit that is commanded by a person who has responsibility for them. One of the things that those commanding officers are responsible for is a healthy workplace. Part of the nurturing of a healthy workplace is ensuring that all of our harassment policies are well educated and fundamentally well supported.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

What format or method will be used in conducting this review?

[Gen Thomas Lawson]

What we will do once we've identified the individual is to bring them in and make very clear that within the freedom that we will provide for them to speak to anyone across our bases and wings and ships, we will need an assessment of our processes and procedures, our policies, any barriers that may seem to exist between those who feel transgressed against and them bringing that forward, and then an assessment of how we carry out our processes in protecting complainants and making sure their complaints are well investigated, and then, as necessary, prosecuted.

In that process, once they have signed on to those terms of reference, they will be allowed free rein in how they carry that out.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

So the individual will be permitted to speak to the victims of these assaults.

[Gen Thomas Lawson]

As required.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Currently the victims are forbidden from speaking to anyone outside the chain of command, so that order will be lifted.

[Gen Thomas Lawson]

That's right.

Members in uniform may only speak outside the chain of command when authorized to do so by the chain of command. This individual would be working completely with the support from the chain of command.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

What is the reporting procedure for a person who has been sexually assaulted? Are they to go to their immediate superior, contact the military police...?

[Gen Thomas Lawson]

There are actually many ways that someone who feels they've suffered a sexual misconduct of any kind can report that. If they find themselves in danger, of course, immediately they have access to 911, as do all Canadians. They also have access to civilian police if they're off a base, and civilian medical facilities.

On base, or within the Canadian Forces workplace, if it's outside of hours, they have a 1-800 assistance program; the military police, who have victims services available to them; the chain of command; or health services on base as well. All of these, both civilian and military, are available to anyone who believes they've suffered sexual misconduct.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

What happens when a report is made, both on base, perhaps, and in theatre? Is the perpetrator separated from the accuser, or are they required to work together until enough evidence has been gathered to lay charges?

[Gen Thomas Lawson]

That depends very much on the nature of the complaint. In fact, if the complainant needs to be protected from that individual, there may need to be a separation of those parties. Or, if that individual believes this can be dealt with at a lower level, through an harassment resolution process, then there would be no requirement to separate them. There's a range of possibilities.

If it's a sexual assault, this is a crime. This must be investigated. I have the provost marshal with me, if we would like to get into those details a little more.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Well, we only have a minute left. I may go into that further if I'm given the opportunity.

What measures have been taken, at the troop level, since these reports initially surfaced in April about the widespread issue of sexual assault in the military?

[Gen Thomas Lawson]

Immediately upon reading these articles, one of the things that was most upsetting for me as the Canadian Chief of the Defence—

[The Chair, Conservative, Rick Norlock]

General, we'll have to continue that line of thought at a later time.

Mr. Harris, for seven minutes.

[Jack Harris, NDP, St. John's East, NL]

Thank you, Chair.

Thank you, General, for joining us with your colleagues today.

I listened carefully to what you said, sir, about your deep concern and your being disturbed by the allegations. I guess, as a Canadian, I'm more than concerned and disturbed. I'm quite angry to find from these reports that the military hasn't responded appropriately when individuals were victims of, as you quite rightly referred to it, criminal acts, and find themselves revictimized by the military.

I'm looking at Maclean's magazine here, and of course L'actualité did the research on this. Inside this magazine they also show a similar account, back in 1998, using similar phrases. “Our military's disgrace” is the headline here, and before it was “Rape in the military”, “Speaking out”, etc.

I have a real sense of déjà vu, sir, given that 16 years have passed since these allegations were made. At that time the response of the military was that we can handle this internally; we can fix this problem, and we will. Why hasn't that happened?