QUESTION PERIOD — National Defence
Victims' Rights
November 4, 2020
Thank you, Your Honour. My question is to the Government Representative in the Senate. Senator Gold, I was pleased to serve on the Standing Committee on National Security and Defence when Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, was studied. A key component of Bill C-77 was the creation of a statutory declaration of victims’ rights within the National Defence Act to provide essential support to those who have been victims of an offence by individuals subject to the Code of Service Discipline. Regrettably, the implementation of those rights has been delayed because the military legal branch has not yet drafted regulations in support of the legislation.
Senator Gold, while it is important that the military lawyers do their due diligence in drafting these regulations, it is equally important to understand that rights delayed are rights denied. This is true especially for military members who have experienced sexual assault and harassment, many of whom still struggle to receive support for their claims from their leadership and must navigate the military justice system as victims without sufficient resources, information or guidance. When asked, DND’s legal branch indicated that they were consulting with stakeholders including victims’ rights groups.
Senator Gold, what is the status of these consultations? And how much longer must members of the Canadian Armed Forces wait for rights they have been promised more than a year ago in the new Declaration of Victims Rights?
Thank you, senator, for your question and for your support for the bill when it was introduced in the last Parliament and committee.
I have been following the news about the time that it’s taking to draft the regulations, as well as the news from Statistics Canada and internal DND reports to the effect that sexual misconduct continues to be a problem, requiring cultural change within the Canadian Armed Forces.
The government has been doing the consultation that Minister Sajjan promised to do when he appeared before the Senate committee in the last Parliament, and I have been advised that at this point, the government has consulted federal partners, including the Sexual Misconduct Response Centre, whose councillors provide victims 24-hour, seven-day-a-week support around the world, counselling assistance and information. The government wants to take the time to get things right for and by victims.
Senator Gold, it has been brought to my attention that in some cases of harassment, and not necessarily sexual misconduct only, there is a de facto double standard that is resulting in civilians working for the Canadian Armed Forces being told they are not entitled to the same protections under Operation HONOUR in their workplace, as members who are enlisted. Could you please report back to clarify if the Declaration of Victims Rights is going to correct this grievous discrimination against civilian employees?
Thank you, again, for your question. I will certainly look into this matter and report back as soon as I can.
