‘Are they going to follow up this time?’: Ottawa announces another external review of sexual misconduct in the military

Hey there, time traveller!
This article was published 28/04/2021 (1338 days ago), so information in it may no longer be current.

There was a sense of déjà vu Thursday as Ottawa announced an independent review to study sexual misconduct in the military — six years after a similar review delivered recommendations that were never fully implemented.

Under fire over the failure to tackle sexual misconduct within the Canadian armed forces, the government announced that retired Supreme Court Justice Louise Arbour will lead an “independent external comprehensive review” to examine the causes of sexual misconduct and other forms of harassment in the forces.

Arbour — a former UN high commissioner for human rights and chief prosecutor for the international criminal tribunals for the former Yugoslavia and Rwanda — has also been tasked with developing recommendations for an independent system to probe allegations.

“My first reaction was ‘Are we in 2015 again?’” said Charlotte Duval-Lantoine, fellow at the Canadian Global Affairs Institute, who studies gender integration and leadership in the Canadian armed forces during the 1990s.

“It’s always useful to have more study, the problem is: Are they going to follow up this time?”

It was just six years ago that a different retired Supreme Court judge, Marie Deschamps, found sexual misconduct to be “endemic” in the military, and recommended the creation of an independent body to probe allegations — something that has never been created.

“External reviews are beginning to look like a delay and deflection strategy,” said Megan MacKenzie, Simons chair in international law and human security at Simon Fraser University.

She said there have been two consistent messages for years from military survivors and advocates: that there must be an independent system to report allegations, and that this is a “systemic problem.”

Defence Minister Harjit Sajjan described Deschamps’s review as a “good start,” but acknowledged that all 10 of her recommendations have not been fully implemented, despite the military recently stating that it has taken action on all the recommendations.

“We have not achieved the recommendations fully, more work does need to occur, and we are here today to clearly show this,” he said at a news conference Thursday.

“Madame Arbour will go and look deep within our system to determine what type of independent process is needed that will give confidence to our survivors, a process that they can trust, and where perpetrators can be held to account.”

Sajjan said Arbour’s review “will build on the work” of Deschamps’s review, and that while Arbour’s final report is not due for at least a year, she’ll be able to make interim recommendations.

Despite striking similarities between the two, Deschamps told the Star that she sees Arbour’s review as being able to go further.

“I welcome the appointment of Madame Arbour,” she said in an email Thursday. “From what I read, her mandate appears to be broader than the one I was given. This would not be a mere repetition of what I did.”

One notable difference between the two is that Arbour has been specifically tasked with developing recommendations “related to establishing external oversight and/or review mechanisms related to harassment and sexual misconduct.”

That part of Arbour’s mandate is a “key” element of her review, said Maya Eichler, Canada research chair in social innovation and community engagement at Mount Saint Vincent University, describing Arbour as “extremely well positioned” to do this work.

“She won’t recommend whether or not to have external oversight, but will recommend what it should look like. I think that’s a huge step forward,” Eichler said.

“Considering that there’s lots of conflicting opinions on what external oversight needs to looks like, it’s reasonable that the government is asking someone like Justice Arbour to come up with recommendations.”

For survivor Colten Skibinsky, who recently shared his story with the Star of being sexually assaulted in the military in 2013, Thursday’s announcement was a positive step, but he also remains a bit skeptical.

Skibinsky said he felt he had been heard after recently having a productive conversation with Anita Vandenbeld, parliamentary secretary to the minister of defence, and said he was pleased the government was now using language reflecting the fact that sexual misconduct can happen to anyone.

“I think it’s needed. Getting another former justice to do another external review is definitely not comfortable for the government, so it shows they’re serious,” he told the Star.

“I just hope that this justice is going to keep Deschamps’s recommendations and maybe build on them and give the government some tools to actually implement some external oversight appropriately.”

The Liberal government has been facing criticism for months over sexual misconduct in the military, and specifically over its handling of an allegation against ex-chief of the defence staff Gen. Jonathan Vance in 2018.

“Today’s announcement by Minister Sajjan is not action, but another review to take pressure off the Liberal coverup of sexual misconduct in the Canadian Armed Forces,” said Conservative defence critic James Bezan in a statement.

The government said Thursday it will also create a new organization — the chief of professional conduct and culture — headed by Lt.-Gen. Jennie Carignan. It will co-ordinate measures to implement culture change in the military.

The government will also fund peer-to-peer support for military members and veterans — something survivors have been demanding.

Jacques Gallant is a Toronto-based reporter covering politics for the Star. Follow him on Twitter: @JacquesGallant