Defence Minister Anand moving military sexual misconduct cases into civilian justice system
CBC
In one of her first acts as Canada's new defence minister, Anita Anand announced today she's transferring the investigation and prosecution of sexual misconduct cases within the Canadian Forces into the civilian justice system.
The move follows a recommendation from retired Supreme Court justice Louise Arbour.
The military has been reeling over a series of sexual misconduct investigations. Since early February 2021, 11 current and former senior Canadian military leaders have been sidelined, investigated or forced into retirement from some of the most powerful and prestigious posts in the defence establishment.
Arbour is leading an external review into sexual harassment and misconduct in the Canadian military. She's advising the federal government on how an independent, external reporting system — one which allows victims to report acts violence and misconduct without fear of reprisal — can be put in place.
Her review, which began in April, is expected to last about a year. Anand's move today is in response to one of the interim recommendations Arbour gave to Anand's predecessor, Harjit Sajjan, last month.
Arbour said that the Canadian Armed Forces (CAF) should continue to conduct administrative reviews of sexual misconduct cases in parallel with civilian courts, regardless of whether these cases result in charges.
Arbour said, however, that "particular consideration" should be given to "how and when civilian authorities — in the course of an investigation — should convey relevant information about the investigation to the CAF leadership."
In a media statement, Arbour said she welcomed Anand's decision.
"As outlined in my interim report, the issue of sexual misconduct in the CAF has opened the institution to unprecedented scrutiny and an equally unprecedented opportunity for change. I will continue as part of my review to identify these opportunities in all the areas that fall within my mandate," she said.
Survivors of sexual assault and misconduct in the ranks testifying before recent parliamentary committees have called for an external reporting agency.
Those committees launched hearings after the country's two most senior military commanders — retired general Jonathan Vance and Admiral Art McDonald — were accused separately of inappropriate behaviour.
Some senior leaders are facing allegations of sexual misconduct and are under military police investigation. Two people have been charged criminally in connection to the claims. Some have launched public campaigns to fight for their jobs back.
In some cases, military leaders have been placed on leave in response to their handling of sexual misconduct files.
The investigations often came to light publicly only after journalists started asking questions of the Department of National Defence (DND).
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