Louise Arbour

2022 - 5 - 31

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Image courtesy of "The Globe and Mail"

Military has 'failed' to keep women in uniform safe from sexual ... (The Globe and Mail)

Civilian justice system should handle all criminal sexual assault cases from Canadian Armed Forces ranks, report says.

Still, Stéfanie von Hlatky, a Canada research chair in gender, security and the armed forces at Queen’s University, said the government could already have done a lot, but Ms. Arbour’s report leaves no room for other excuses. Megan MacKenzie, a professor at Simon Fraser University, said she’s concerned the Liberals could take too long to act on Ms. Arbour’s recommendations and miss the opportunity, for example, if the government or ministers change. The Deschamps report produced a “flurry of activity” in an attempt to fix the problem. “The college environment for female cadets remains unwelcoming and at times hostile,” the report finds. Ms. Arbour’s report details a “disconnect between rhetoric and reality” in what Forces leaders said they would do to end sexual harassment and what actually was done. Elaine Craig, a law professor at Dalhousie University who studies the military legal system’s response to sexual assault, said she’s disappointed the government isn’t acting now. “I know that those who live with these issues on a day-to-day basis are eminently capable of determining how best to proceed, if they accept the general direction and changes I am proposing. Ms. Anand said she would appoint an external monitor as soon as possible to report on progress regularly. “We will act quickly to analyze, review and plan our responses,” Ms. Anand said. “They need to change how they do many things – and profoundly so,” Ms. Arbour concluded. As former chief of defence staff Jonathan Vance, and his replacement (now removed), and other top officers were investigated for harassment or assault, the government tapped Ms. Arbour to study the issue and how the Forces could set up an independent reporting system. Last year, Mr. Fish found that six years after Ms. Deschamps’ report, sexual misconduct in the military remained “ persistent, preoccupying and widespread.”

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Image courtesy of "Globalnews.ca"

Canada's military a 'broken system' that's a 'liability' to the country ... (Globalnews.ca)

The Liberals brought in Louise Arbour for advice on addressing the sexual misconduct crisis following exclusive reporting by Global News into allegations ...

“The CAF is currently sitting on hundreds of recommendations.… “While I have listed 17 of Madame Arbour’s recommendations that are in progress or which will be acted on immediately, this is just the beginning of our response. “The current problem is that you never get a clear answer on that…. One of the dangers of the model under which the CAF continues to operate is the high likelihood that some of its members are more at risk of harm, on a day to day basis, from their comrades than from the enemy. The first would be to assume that this is only attributable to a culture of misogyny, and that change will come naturally with time and more enlightened attitudes. “The military colleges appear as institutions from a different era, with an outdated and problematic leadership model. There is enough evidence that military colleges are not delivering on their mandate that I believe alternatives must be explored with an open mind.” Arbour was tasked specifically with providing recommendations on how best to set up an independent system for reporting military sexual misconduct. Furthermore, Criminal Code sexual offences should be removed from the jurisdiction of the CAF, Arbour said. “The long-established way of doing business in the CAF is anchored in operational imperatives that are often nothing more than assumptions. “Operating as a totally self-regulated, self-administered organization, entirely reliant on deference to authority, it has failed to align with the ever-changing, progressive society we live in. Arbour recommended someone be appointed to implement all of her recommendations.

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Image courtesy of "Toronto Star"

Canadian Forces sexual misconduct review calls for civilian criminal ... (Toronto Star)

Calling out a “deeply deficient culture” that has allowed sexual misconduct to continue to fester in the military, a highly anticipated report released ...

Arbour’s report follows an external review conducted by retired Supreme Court justice Marie Deschamps in 2015, which found that sexual misconduct was “endemic” in the military. She recommended the minister be briefed on all sexual harassment and misconduct investigations. “I expect our officials to examine quickly how we can implement the recommendations, and if not, why not,” Anand said in an interview. “She has left no stone unturned, and provides us with our marching orders.” Anand said work was beginning immediately to implement 17 of Arbour’s 48 recommendations. She stressed that the military cannot implement major change on its own, and will require external input throughout its efforts.

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Image courtesy of "CBC.ca"

Military should give up control of sexual assault cases permanently ... (CBC.ca)

In a new report, former Supreme Court justice Louise Arbour says the Canadian military should permanently move sexual offence investigations into civilian ...

"Justice Arbour has issued a set of clear recommendations to this government. Arbour said that while the military is subject to civilian control, it has been "unwilling or unable" to fully implement outside recommendations in the past. The Canadian Forces' public image has been pummeled in recent years by an unrelenting series of sexual misconduct scandals. "And they will stay on their terms, seeking the substantive equality to which they are entitled. The Criminal Code and civilian authorities should then handle these cases, she wrote. Anand told reporters she accepted this recommendation and will work to "create probationary periods in order to better evaluate recruits." "The current problem is that you never get a clear answer on that. She said that while non-military courts are imperfect, they have more experience in sexual misconduct cases and are better equipped to handle them. The remainder, she said, require more complex analysis that will take place in the coming months. Complainants retained the right to have their cases handled by the military system. If anything, it has served to erode it," Arbour said Monday as she presented her report. Among its 48 recommendations is a call for civilian police and courts to handle all sexual assault cases involving allegations against military members going forward.

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Image courtesy of "CTV News"

It's time CAF cedes more control to civilian authorities on sexual ... (CTV News)

The Canadian Armed Forces (CAF) has been 'unwilling' and 'unable' to embrace action on military sexual harassment and assault and it's time the body cedes ...

The demand has put the Monaco Grand Prix, one of F1's marquee events, in jeopardy. The nation will celebrate Queen Elizabeth II's 70 years on the throne this week with four days of pomp and pageantry in central London. Nearly all the wheat sold in Somalia comes from Ukraine and Russia, which have halted exports through the Black Sea since Moscow waged war on its neighbour on Feb. 24. CTVNews.ca spoke to legal analysts about where the case goes from here. CTVNews.ca spoke to legal analysts about where the case goes from here. U.S. and Canadian regulators are investigating a hepatitis outbreak that may be linked to fresh organic strawberries. Trudeau announced Tuesday morning that the confidence-and-supply agreement has been brokered, and is effective immediately. The stunning leak of a U.S. Supreme Court draft opinion to strike down the landmark Roe v. And in this moment in time, when the world appears to be growing darker, we must grab the bull by the horns and make these changes now,” she said. Despite empty words and platitudes from the government, service women are still waiting for the systemic change they were promised,” a statement reads. “The current problem is that you never get a clear answer on that. I believe this is a consequence of the insularity within which the CAF has traditionally operated, and its determination to perpetuate its old ways of doing business,” she says.

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Image courtesy of "CP24 Toronto's Breaking News"

Canadian Forces should give up responsibility for prosecuting ... (CP24 Toronto's Breaking News)

In a scathing indictment of the Canadian Armed Forces' resistance to change, retired Supreme Court justice Louise Arbour says it is long past time for the ...

“Who's going to be on this external review?” MacKenzie said. She also questioned the appointment of an external monitor. Another is for Anand to report to Parliament on those that will not be implemented. “It is up to it to make those recommendations happen, and to make them work for the CAF. This is where we have seen most gaps.” “We know that one report will not `fix' systemic violence and harassment,” said June Winger, national president of the Union of National Defence Employees. “But this report is a tool that we will use to push the government towards meaningful and concrete actions.” “If we do not take this moment for what it is and implement the recommendations that identify deep areas of need for change in the Canadian Armed Forces and the defence team broadly, we run the risk of not being a fully effective military,” she added.

Arbour report faults military's insular culture for sexual misconduct ... (National Post)

Among the changes recommended in the Arbour report is to stop training officers at the Royal Military Colleges in Kingston and St. Jean.

Arbour said the military has long assumed it can solve this problem on its own and if they continue to believe that they will fail. She said without a clear rule that these cases will be going to the civilian system, military police won’t let go and civilian courts have been unwilling to claim jurisdiction. Arbour said she could find no good reason why that change took place, and believes the 30 or so cases a year would be better handled by civilian courts. Arbour said she believes officers can receive the same or better education in regular Canadian universities. “In none of the initiatives it has launched is there a single reflection on whether its insular, hierarchical structures may have facilitated the abuse of power that characterizes most sexual misconduct,” she wrote. Arbour was called to examine the issue after several previous studies and reports were ignored or not fully implemented.

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Image courtesy of "National Observer"

Military must ditch harmful traditions: retired Supreme Court justice ... (National Observer)

The Canadian Armed Forces found itself at a crossroads on Monday, May 30, 2022, as the military faced calls to finally end some of its closest-held ...

“Who's going to be on this external review?” MacKenzie said. She also questioned the appointment of an external monitor. Another is for Anand to report to Parliament on those that will not be implemented. “It is up to it to make those recommendations happen, and to make them work for the CAF. This is where we have seen most gaps.” “We know that one report will not ‘fix’ systemic violence and harassment," said June Winger, national president of the Union of National Defence Employees. "But this report is a tool that we will use to push the government towards meaningful and concrete actions." “Had I not had monthly contact with the prosecuting authorities and the investigating authorities … on a monthly basis, and with the minister, they'd still be drafting the letter to the provincial authorities about how to move forward,” she said.

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