Evidence of meeting #15 for National Defence in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was civilian.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Le Scelleur  Veteran and Ph.D. Candidate, As an Individual
Chisholm  Master Warrant Officer (retired), As an Individual
Wood  As an Individual
Van Leusden  Director, Survivor Perspectives Consulting Group
Hill Rose  Peer Support Advocate, United Federation of Canadian Veterans
Therrien-Tremblay  Committee Researcher

9:40 a.m.

As an Individual

Christine Wood

This touches on a lot. In my mind, having a sunset clause and how that would work is that, if we say there's a five-year sunset clause, at three years we'd start to collect all of the reports and data. That data must include more than the outcome of the trial or whether charges were laid. I think those reports have to include all of our demographic information, including rank, unit and the location of the assault, and that data also has to include a sense of satisfaction or of justice, as reported by the complainant.

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot—Acton, QC

It could be done by sending a questionnaire to victims.

9:45 a.m.

Director, Survivor Perspectives Consulting Group

Donna Van Leusden

That would be one way. Another way could be to find out if that person is still wearing the uniform of their own free will.

Did their file go to DMCA for review because they've been on three TCats?

There are a couple of different ways to look at it. I agree with her that it can't come down to just conviction rates, because, again, you can have a “not guilty” and still have a survivor who felt really supported and felt like they had their back. That's a healthy outcome.

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot—Acton, QC

In your opinion, who would be responsible for conducting this assessment to ensure that the process is impartial, fair and neutral? Of course, I am not talking here about assessing victim satisfaction but rather assessing, after two or five years, the effectiveness of transferring cases to the civilian justice system.

9:45 a.m.

Director, Survivor Perspectives Consulting Group

Donna Van Leusden

I think the process needs to be conducted by someone independent of the Canadian Armed Forces.

It has to be somebody who's well outside. They need to have military culture knowledge, but somebody outside of DND and outside of the CAF needs to be able to look at it holistically and critically.

The Canadian Armed Forces is a very small community.

Even when you have military judges who are outside, they are still.... Their roommate from RMC can be the accused, that kind of thing. It needs to be somebody independent, but somebody who can take a thorough look at the outcomes.

The Chair Liberal Charles Sousa

Thank you.

Mr. Kibble.

9:45 a.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Thank you, Mr. Chair.

We heard a question earlier about Canadian Armed Forces members being—

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot—Acton, QC

The microphone has to be turned on so that we can hear you clearly.

It's done.

The Chair Liberal Charles Sousa

It's okay. It's resolved.

9:45 a.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Could I start the time again, please?

Thank you for your generosity.

Mr. Chisholm, we heard a question about armed forces members' cases being investigated and prosecuted by their supervisor in the immediate chain of command. My understanding is that, of course, it would be reported to their supervisor in the chain of command.

In the 500-plus cases you dealt with, would you say that they were investigated and prosecuted by their chain of command, or was that done by the military police and the DMP, etc., outside of their chain of command?

9:45 a.m.

Master Warrant Officer (retired), As an Individual

William Chisholm

It's a good question, sir. I think the low-level stuff can be investigated by the chain of command well. I don't like “low-level, high-level”, but generally, most commanding officers, if they feel they can't be independent, will get somebody from outside their unit to do the investigation.

I do believe that for anything that's not criminal—again, I don't like “low-level”—the military police are equipped to do that. I believe the conviction rate—because they do it daily—is quite good. I've been to many summary trials and courts martial where, if it gets to that point, the person has been investigated well and is generally convicted.

9:45 a.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Thank you.

Would it be fair to make this comparison? In a police department, if a police officer had committed a crime, while it might be reported internally, it would then be investigated by an independent police body or, in this case, a smaller department, perhaps a different police department. Would that be a similar analogy to convert from civilian to military terms?

9:45 a.m.

Master Warrant Officer (retired), As an Individual

William Chisholm

I believe that's a good analogy, sir. Most commanding officers mean well. If they feel they couldn't be independent, they would get an external environment.

9:45 a.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Thank you.

I want to do a quick round table for everybody. I'll start with Mr. Chisholm.

Dr. MacKenzie refers to making a decision “[i]n the moments following an incident of sexual violence.” In your experience of what you've seen—and for everybody else, the personal experience—did you feel that you had to report immediately in the moment, or was it at a later time when you were removed from a dangerous situation? This is just to speak to “in the moment”, or were you given time? In your case, Mr. Chisholm, it's about the cases that you've seen.

Answer very quickly, so we can get around the table.

9:50 a.m.

Master Warrant Officer (retired), As an Individual

William Chisholm

I believe that most people are leery to report right away, because they're in a trauma state. I believe once they're informed properly, they would have a better avenue, sir.

9:50 a.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

It's a safer and more appropriate time to make such an important decision. Thank you.

Could the rest of the panel comment? We will start with Ms. Wood.

9:50 a.m.

As an Individual

Christine Wood

I knew I had been raped for a week. I was drugged and raped. I knew about it for a week. I talked to a medical doctor on base, and he warned me that I should think twice about reporting to the MPs because reprisals often follow you around for the rest of your career. I thought about it for 24 hours, and then I reported.

9:50 a.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

This was a week later, plus 24 hours. Did you feel that you were in the moment or that you had had an appropriate opportunity to make such a terrible decision?

9:50 a.m.

As an Individual

Christine Wood

I had time by then, yes.

9:50 a.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Thank you for that. I'm sorry for what happened.

Ms. Van Leusden, could you answer the same question, please?

9:50 a.m.

Director, Survivor Perspectives Consulting Group

Donna Van Leusden

Two of my reports ended up being legacy reports, about 20 years after the fact. At the time, I did not have the support I would have needed to report.

In the one instance, in Kingston, on my course, he remained my course warrant. I still reported to him. They actually had us all march into the office one morning. We had to give him reasons why we'd screwed up. The night before that was the night he assaulted me. When I walked into his office, he smirked at me and asked why I wasn't feeling well. That's just an example.

9:50 a.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

That was 20 years later, so certainly not in the moment.

9:50 a.m.

Director, Survivor Perspectives Consulting Group

Donna Van Leusden

Right, but I also did one immediately.

9:50 a.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

You did one that was—

9:50 a.m.

Director, Survivor Perspectives Consulting Group

Donna Van Leusden

Yes. At the time, I reported immediately and called the MPs. They arrested him on scene and took him away.