Status of Women Committee on April 22nd, 2021

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

Thank you, Mr. Choi.

Who do you report to, Mr. Choi?

[Kin Choi]

I report to the deputy minister.

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

Who assigned you the task of assessing Mr. Boland's complaint against the deputy minister?

[Kin Choi]

The deputy minister received the complaint and I was asked to look into it.

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

By whom?

[Kin Choi]

Once I receive it, it's part of my duty, so I looked into the nature of the complaint. I checked in with our legal counsel and provided options to go forward in how it would proceed.

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

Thank you.

Then subsequently, you dismissed the complaint against your boss, the deputy minister, on February 19, 2021. Is that correct?

[Kin Choi]

After we went through a review of the process and—

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

It's a yes or no, Mr. Choi. Did you dismiss the complaint against your boss?

[Kin Choi]

I believe technically it's not whether or not it was dismissed; it was whether or not it was founded or not founded, and in this case it was not founded.

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

But you made that determination about your boss. As the functional authority for civilian human resources, you have the responsibility for all procedural and behavioural wrongdoing on behalf of the deputy minister, so you're saying that includes reviewing the deputy minister's behaviour. Is that correct?

[Kin Choi]

While I am the functional authority, I exercise that functional authority with the support of both my staff, who are professionals in labour relations, as well as legal counsel.

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

Yes, but ultimately you're the authority and you've dismissed a claim on your boss. Is that correct?

[Kin Choi]

Again, I am not privy to talk about a specific case. If we are looking—

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

I didn't say what case. I said just in general.

Could you table for this committee the document that says that a subordinate is granted the legal authority to review, investigate or dismiss a complaint against a superior or a peer within the same chain of command?

[Kin Choi]

As I said, as part of the process as the functional authority, I would take in all the information of a complaint, the nature of it, seek advice from legal counsel—

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

Is there a document that says a subordinate has the authority to clear a superior?

[Kin Choi]

I receive my delegation through a functional delegation authority that's assigned to me.

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

But my question was this: Can a superior delegate to you to absolve the superior of anything?

[Kin Choi]

In my role, as I am delegated overall for the activities and programs and services of human resources on the civilian side of the Department of National Defence. I have the authority to look at issues as they come in, and we treat all the issues without regard for rank and level in providing advice and determining whether or not harassment has taken place.

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

Can you confirm that—

[The Chair, Conservative, Marilyn Gladu]

I'm sorry; that's your time.

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

Thank you very much.

[The Chair, Conservative, Marilyn Gladu]

Now we're going to Ms. Zahid for five minutes.

[Salma Zahid, Liberal, Scarborough Centre, ON]

Thank you, Madam Chair.

Thanks to both General Whelan and Mr. Choi for appearing before the committee today.

Mr. Choi, in previous testimony a witness alleged that the Deputy Minister of National Defence had broken the law. Did the deputy minister break the law?