Canadian Forces to repeal ‘duty to report’ in latest sexual misconduct reform

The Canadian Armed Forces are repealing a policy known as the 'duty to report' to give victims of sexual misconduct and harassment more control in the reporting process.

The Department of National Defence and Canadian Armed Forces are beginning the process of repealing regulations known as the “duty to report” as part of cultural reforms following the sexual misconduct crisis.

The longstanding regulations require military members to report any kind of misconduct that violates the military code of service to the relevant authorities. And while intended to promote order and discipline, the rule has been highly criticized for how it applies in forcing reporting of sexual misconduct even if the survivors and victims may not want to report.

In retired Supreme Court of Canada justice Louise Arbour’s external review of the CAF’s handling of sexual misconduct, spurred by months of exclusive Global News reporting, she called for the repeal of the duty to report due to the potential to harm victims.

“Sexual assault survivors weigh their options. If they choose to remain silent, they do not have to fear further punishment or face unwelcome exposure if others inform on their predicament against their wishes,” Arbour wrote in her report.

In a media briefing, Lt.-Gen. Jennie Carignan said the military carefully examined this recommendation and found that the duty to report can bring unintended harm to victims of abuse and harassment.

“We never want the stress of reporting to prevent someone from getting the care and support that they need,” she said.

“Our intent will always be the timely treatment of all forms of misconduct in a fair and equitable way.”

Carignan added that while Arbour’s report recommended an exemption in the duty to report regulations for sexual misconduct, it was ultimately decided to fully repeal the policy so other issues of harassment, like hateful conduct, are also not subject to it.