2021/2022 Legislative Program

VAC Backlog/Wait Time Crisis

The overriding concern in the veterans' community today remains the ongoing crisis as to the intolerable backlog and wait times confronting veterans in making applications for disability pensions and health care benefits. The National Council of Veteran Associations (NCVA) has consistently argued that systemic change is absolutely essential. It is self‑evident that the departmental measures to increase staffing and digital resources will not be sufficient on their own to resolve this deplorable state of affairs as underlined by the Parliamentary Budget Officer's (PBO's) report of September 2020. Indeed, it is fully expected that the backlog will only be exacerbated as increased numbers of Canadian Armed Forces members are medically released following the conclusion of the pandemic.

From NCVA's perspective, it is incumbent upon the new Liberal Government, in concert with the official Opposition parties, to enunciate bold and creative measures to accelerate the establishment of fast‑tracking protocols/automatic entitlement for outstanding veterans' claims in order to alleviate this backlog and wait time dilemma which has only been compounded by the COVID‑19 crisis.

The following represents the crux of NCVA's position in relation to this ongoing administrative crisis:

• The department should adopt the position that veterans' claims be considered at face value and be based on the reasonable evidence provided by the veteran and his or her family, with the proviso that individual files could be monitored over time and "spot audits" carried out to address any potential abuses. The clear reality that medical reports usually required by VAC to support these applications continue to be extremely difficult to obtain at this time must be recognized in assessing this present dilemma.
• Even though medical offices and therapists' clinics are starting to re‑open, these individual health professionals are simply overwhelmed with their own backlog and rescheduling delayed appointments. The preparation of medical reports to support veterans' claims is not a priority at this time for these beleaguered physicians and therapists.
• Unless creative steps are taken, the adjudicative delays and turnaround time dilemmas will not be relieved in the short term, given the reality of the significant challenge in obtaining these medical/therapist reports to substantiate individual veterans' applications.
• There is a general consensus among major veteran stakeholders that this administrative/adjudicative measure leading to a form of fast‑tracking/automatic entitlement deserves immediate attention.
• It has been the longstanding view of NCVA that this type of automatic entitlement approach should have been implemented by Veterans Affairs Canada (VAC) years ago in regard to seriously disabled veterans. This desired policy change would achieve the objective of expediting these specific claims so as to circumvent governmental "red tape" and in recognition of the fact that nearly all of these cases are ultimately granted entitlement in the end, often following many months of adjudicative delay. It is our considered position that now is clearly the time to extend this thinking to all veterans' claims.
• It is noteworthy that a number of mandate letters received by the Minister of Veterans Affairs from the Prime Minister contained a specific direction that VAC should implement a form of automatic entitlement with respect to common disabilities suffered by Canadian veterans.
• It is also extremely significant that many financial assistance programs rolled out over the last 20 months by federal/provincial governments are premised on the philosophy of "pay now and verify later." In regard to a number of financial initiatives, the earlier need for medical reports to substantiate entitlement to these programs has been waived by the Government, given the impracticality of accessing any input from the medical profession in Canada through these troubled times.
• It is to be noted that the initial reaction of the department to this proposed form of fast‑tracking/automatic entitlement was that this approach could be implemented for benefits that are paid on a monthly basis; however, given the fact in relation to disability awards that the majority of veterans are still opting for lump sums, this would represent a concern for the department.
• In addressing this concern, it was our recommendation that, as an interim step in granting this form of automatic entitlement, the disability award could be paid as a monthly allowance with a preliminary assessment in the first instance. Ultimately, the department would have the ability to fully assess the extent of the veteran's disability in order to determine the veteran's final assessment, at which point the veteran could choose to convert his or her monthly allowance to a lump sum award with the appropriate financial adjustment to consider the monthly amounts already paid.
• The great advantage in this recommendation is that the veteran's entitlement would be established early on and the veteran's concerns surrounding financial security and access to health care and treatment benefits would be addressed in this manner.
• The old adage that "desperate times call for bold and creative measures" is particularly apt in this situation.

A. VAC Policy Statement – June 2020

The department issued a policy statement in June 2020 in response to this serious concern entitled "Timely disability benefits decisions: Strategic direction for improving wait times." This communication piece had been a significant priority for some time, not only for NCVA but also the Standing Committee on Veterans Affairs (ACVA) and many other stakeholder groups.

In NCVA's judgment, this policy document represented a statement of good intentions for the mid‑ to long‑term objectives cited in the material, but failed to effectively remedy the ongoing backlog crisis which has only been intensified by the COVID‑19 challenge.

Although it is somewhat encouraging that the VAC policy statement has adopted a number of our proposals including the prospective employment of automatic entitlement for common disabilities, the utilization of presumptions for certain consequential disabilities, and the lessening of the requirement for medical referrals in specific cases, the department's report unfortunately concluded that this will take considerable time to implement.

Furthermore, the departmental policy statement placed significant weight on the fact that an approximate $90 million had been approved in 2020 by the Government for VAC in a supplementary budget estimate to retain new employees to deal with the ongoing backlog. However, this newly acquired departmental staff continues to face a steep learning curve and was not actually operational until January 2021.

It is also noteworthy that the PBO completed an evaluation of the VAC backlog through a financial analysis report issued on September 21, 2020, titled "Disability Benefit Processing at Veterans Affairs Canada". The PBO concluded that, without further fundamental systemic change together with further significant increases in government funding to augment VAC staffing resources, the department would not substantially impact turnaround times for veterans' claims for years into the future, given the current pace of adjudication.

The department presented a formal briefing of their policy position on June 30, 2020, to various Ministerial Advisory Groups. As part of the ongoing dialogue surrounding this presentation, NCVA took the strong position that the department needs to accelerate their plan of action through an adoption of the above‑cited fast‑tracking protocols/automatic entitlement approach for all outstanding veterans' applications.

Given the unattainability of medical reports from various health care providers, the following fundamental question still requires an immediate answer:

What level of evidence is the department prepared to accept to approve current claims in the backlog?

Clearly, individual veterans and/or their advocates who are preparing disability applications must be cognizant of the department's position in relation to this important subject as to the sufficiency of evidence required for VAC approval.

In our judgment, the "approve and verify" philosophy we have espoused is a crucial ingredient to the solution in this context.

Rather surprisingly, as part and parcel of our discussions over the last two years, VAC has indicated through the briefing process that, ostensibly, "higher government authority" is required to implement this form of creative initiative.

With all due respect, we are somewhat mystified by this prerequisite for government authority, as it has been readily apparent that VAC has determined the overall question of sufficiency of evidence for many decades in adjudicating veterans' applications. In this context, the impact of the benefit of the doubt/presumptive provisions of veterans' legislation have been in place for many years. This unique set of adjudicative principles gives the department great latitude to reach a constructive resolution in relation to policy amendments to address the present crisis regarding wait times.

In summary, the VAC policy statement contained a number of positive steps to alleviate the backlog and unacceptable wait times relevant to veterans' disability claims. However, the scope and pace of these initiatives require a higher priority from the Government in order to establish a more immediate resolution for veterans and their families, often facing severe financial insecurity, particularly during this COVID‑19 crisis.

B. Report of the Standing Committee on Veterans Affairs – December 2020

The House of Commons Standing Committee on Veterans Affairs issued its highly material report "Clearing the Jam: Addressing the Backlog of Disability Benefit Claims at Veterans Affairs Canada" on Friday, December 11, 2020, following many months of study and stakeholder input.

NCVA presented our submission to the Committee in November 2020 as part and parcel of its deliberations.

The Standing Committee findings identify quite clearly the present crisis in VAC adjudication and call for urgent and dramatic change in departmental protocols. Most importantly from our perspective, the report endorses our position that a form of automatic entitlement/pre‑approval, together with fast‑track protocols, need to be adopted by the department to address the required systemic change.

We would suggest that the Standing Committee's report reflects a comprehensive canvassing of a number of the salient issues surrounding the backlog/wait time problem. With respect to the adjudicative initiatives we have focused on, the following represents the major recommendations made by the Standing Committee in its report to Parliament:

• Recommendation 13: That Veterans Affairs Canada continue to automatically approve applications for medical conditions presumptively attributed to service in the Canadian Armed Forces or the Royal Canadian Mounted Police, table to the Committee its list of such medical conditions, and continue to expand it through research in Canada and in allied countries
• Recommendation 14: That Veterans Affairs Canada conduct a study on women‑specific medical conditions related to service in the Canadian Armed Forces and Royal Canadian Mounted Police, and, when applicable, add them to the list of medical conditions presumptively connected to military service
• Recommendation 15: That the Minister of Veterans Affairs amend the Veterans Well‑being Regulations to allow for the automatic pre‑approval of disability benefit claims, and that Veterans Affairs Canada implement a pilot project to identify the risks and advantages of such automatic pre‑approval of claims
• Recommendation 16: That Veterans Affairs Canada conduct an in‑depth review of the Veterans Emergency Fund in the context of its use to support veterans waiting in the backlog and report back to the committee with their findings
• Conclusion: Adopting these measures would exhibit good faith in dealing with the existing backlog and uphold the fundamental principle that has guided all Canadian veterans' compensation programs since World War I: the benefit of the doubt. Committee members want to reaffirm this principle and reassure veterans and their families that their well‑being is the sole and unique purpose of Veterans Affairs Canada.

In response to these compelling recommendations, the Minister of Veterans Affairs, Lawrence MacAulay, earlier this year provided a formal reply to the Committee setting out what constitutes, in our respectful judgment, a further statement of good intentions from the department's perspective in relation to increasing staffing, technological advances et al. We remain convinced that a more innovative approach is required to truly address this enduring backlog and wait time crisis in VAC.

In this context, senior officials of the department still maintain that they are ostensibly in the process of seeking legislative/regulatory authority to implement appropriate adjudicative changes required in accord with the Standing Committee conclusions and our longstanding proposals. It is our reading of the current situation that the department has hopefully recognized that there is sound rationale for incorporating the necessary adjudicative protocol amendments as the fundamental means of alleviating this unacceptable backlog/turnaround time conundrum. NCVA will continue to press the department to expedite the implementation of the necessary changes outlined by the Standing Committee report.

C. 2021 Federal Budget

Insofar as the 2021 federal budget, brought down by Finance Minister Chrystia Freeland on April 19, it is noteworthy that the Government has recognized that:

"… [v]eterans are three to four times as likely to suffer from depressive or anxiety disorders, and over 15 times more likely to experience post‑traumatic stress disorder (PTSD), than the general population. Veterans are entitled to financial support for mental health care through the Treatment Benefit Program but they can wait up to two years to receive mental health care while waiting for their disability benefit application to be confirmed.…

"Budget 2021 proposes to provide $140 million over five years starting in 2021‑22, and $6 million ongoing, to Veterans Affairs Canada for a program that would cover the mental health care costs of veterans with PTSD, depressive, or anxiety disorders while their disability benefit application is being processed."

Although this budgetary proposal does not fully adopt our favoured concept of automatic entitlement/preapproval, it does provide a significant step forward in recognizing that treatment benefits should be granted immediately and not be dependent on the disability application process, which can indeed take up to two years. Thus, this provision is hopefully a springboard to expanding this principle so that veterans are not left in a precarious situation for many months or even years before health care/treatment benefits are available to them. The Government, through the budget, has determined that mental health care (PTSD, depressive or anxiety disorders) should be given priority at this time. It will be our continuing position that this approach should be applied to all physical disabilities so that veterans in serious need of health care or treatment benefits should be granted the same sense of priority.

Although this stop‑gap initiative has the potential to trigger much‑needed treatment benefits for those veterans suffering urgent mental health issues, it still begs the larger question as to whether VAC is prepared in relation to the overall adjudication of disability benefits to fully operationalize the requisite systemic measures needed to ameliorate the pervasive administrative and bureaucratic delays currently confronting Canadian veterans and their families.

Indeed, we were dismayed to learn that this sound budgetary proposal will not actually be implemented until April 2022 due to the deleterious impact of the "machinery of government." NCVA takes the strong position that the implementation of this program should be expedited to meet the need that was intended and clearly articulated in Budget 2021. Any inordinate delay in the implementation of the treatment benefit initiative will effectively defeat the fundamental purpose of the budgetary provision. NCVA would submit that there must be another solution to this unacceptable delay in the implementation process – veterans suffering from a mental health condition should not be waiting many more months to access much‑needed treatment benefits. They need it now.

We also believe that the Government could go further in this context. It is to be noted that over 95 percent of PTSD claims are approved by the department. Therefore, automatic entitlement just makes good administrative sense and would accelerate the necessary treatment benefits for the disabled veteran so as to obviate any further triggering of the bureaucracy of government.

As we have said all along with respect to the backlog/wait times crisis, veterans deserve nothing less during these challenging times where financial and health concerns have been intensified by COVID‑19!

D. Transitional Provisions/Complexity of Legislation

It is not without significance that, due to the complexity and confusion surrounding a number of new benefits which have been promulgated over the last couple of years, the VAC adjudicative process has been further backlogged, resulting in many veterans being unable to access these new benefits and, as significantly, struggling to understand the criteria for application. In effect, the Government has created a legislative "monster" insofar as the nature and scope of the benefit grid which currently exists within VAC is concerned. With the introduction of the new Pension for Life provision, statutory eligibility and policy guidelines have been dramatically complicated to the point where both the applicant veteran and the corresponding VAC adjudicator are confronted with many legalistic and interpretative obstacles with respect to achieving speedy decision‑making and satisfactory entitlement results.

Although the department has initiated significant policy revisions to provide for an early intervention well in advance of the ultimate medical release of the disabled veteran, there remains much more work to be done to ensure that this transitional process is improved. It is extremely noteworthy that, in the past four years, both the Veterans Ombudsman and the Department of National Defence (DND) Ombudsman have made substantive proposals to the Minister and the Standing Committee on Veterans Affairs in relation to improving the transitional protocols in this context.

Quite clearly, one of the most significant priorities with reference to this transitional phase is to ensure that disabled veterans are fully apprised of benefits and entitlements, rehabilitation options and job alternatives well before their medical discharge from the Canadian Armed Forces.

In this regard, it remains the strong opinion of NCVA that VAC should be able to identify those benefits a veteran is entitled to and implement these benefits on the veteran's behalf. In general terms, the utilization of a knowledgeable case manager, together with administrative aids such as an enhanced "My VAC" account at an early point in the transitional process, should expedite this procedure, as opposed to the current protocol where a veteran is often asked to describe his or her needs and the precise benefits that the veteran is seeking. It has been our recommendation that the case manager must be in a position in nearly all cases to identify these benefits and entitlements to the individual veteran under the various VAC programs, and that this should occur in collaborative partnership with DND prior to the discharge of the disabled veteran in question. With particular reference to seriously disabled veterans, the onus should be removed from the veteran and the VAC administrative function should be fine‑tuned and more proactive in establishing entitlements for such veterans.

VAC Backlog/Wait Time Crisis Recommendations

Sexual Misconduct in the Canadian Armed Forces

NCVA is concerned with the ongoing allegations of sexual misconduct in the Canadian Armed Forces (CAF). These issues go to the core of the institution, impacting trust in leadership, morale, and operational effectiveness. Consequently, there is a requirement for immediate, comprehensive, and enduring change to support all serving and former members of the CAF.

Purpose

The purpose of this position paper is to provide a high‑level overview of the history of sexual misconduct in the CAF, including a summary of the findings of the key investigations and recommendations, and the recent response to address this unacceptable and abhorrent behaviour. This evaluation will conclude with NCVA's recommendations to effect immediate and enduring change.

Background

What is sexual misconduct?

According to the CAF, sexual misconduct includes a broad range of harmful activity and unacceptable behaviour and is defined in Defence Administrative Orders and Directives (DAOD) 9005‑1 Sexual Misconduct ¹ as:

Conduct of a sexual nature that causes or could cause harm to others, and that the person knew or ought reasonably to have known could cause harm, including:

• actions or words that devalue others on the basis of their sex, sexuality, sexual orientation, gender identity or expression;
• jokes of a sexual nature, sexual remarks, advances of a sexual nature or verbal abuse of a sexual nature in the workplace;
• harassment of a sexual nature, including initiation rites of a sexual nature;
• viewing, accessing, distributing or displaying sexually explicit material in the workplace; and
• any Criminal Code offence of a sexual nature, including:
  • section 162 (voyeurism, i.e. surreptitiously observing or recording a person in a place where the person exposes or could expose his or her genital organs or anal region or her breasts or could be engaged in explicit sexual activity, or distributing such a recording);
  • section 162.1 (publication, etc., of an intimate image without consent, i.e. publishing, distributing, transmitting, selling or making available an intimate image of another person without their consent, such as a visual recording in which the person depicted is nude, exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity); and
  • section 271 (sexual assault, i.e. engaging in any kind of sexual activity with another person without their consent).

What is the prevalence of sexual misconduct in the CAF?

A Statistics Canada survey ² published in 2018 highlights the prevalence of sexual misconduct in the CAF. In the 12 months preceding the survey it is documented that:

• Approximately 900 members of the Regular Force and 600 members of the Primary Reserve reported that they had experienced sexual assault in the military workplace or at the hands of a military member, Department of National Defence civilian or contractor.
• Approximately 8,400 Regular Force and 4,560 Primary Reserve serving members reported that they had personally experienced inappropriate sexual behaviour or discrimination in the past 12 months.

The same survey states that, while sexual misconduct affects men, women and LGBTQ2 members, it is a gendered issue, as women in the Regular Force are about four times more likely than men to be victims of sexual assault.

CAF‑DND Sexual Misconduct Class Action Settlement

In 2016, seven former members of the CAF initiated a class‑action lawsuit against the Government of Canada alleging sexual harassment, sexual assault or discrimination based on sex, gender, gender identity or sexual orientation in connection with their military service and/or employment with the DND and/or Staff of the Non‑Public Funds. In 2019, the Federal Court approved it and signed off on a $900 million class‑action settlement. As of October 4, 2021, the Administrator has received over 10,000 claims and the claims period does not close until November 24, 2021. ³ While this is an important step of recognition and accountability by the Government of the institutional and systemic harm caused by the failure to acknowledge and address the issue of sexual misconduct in the DND and CAF, it does not address the ongoing leadership, cultural and trust issues related to sexual misconduct.

Veterans Affairs Canada Policy Change Related to Disability Claims from Military Sexual Trauma (MST)

In 2019, Veterans Affairs Canada (VAC) updated several disability benefit policies to clarify and improve the adjudication approach for disability benefit claims related to MST. ⁴ Specifically, the policy change acknowledged that, in certain cases, an individual may not report an incident or event and, therefore, the incident or event may not be captured in personnel records including the Service Health Records. Therefore, VAC has taken the position that the lack of documented, objective evidence to show that military duties or factors caused or contributed to an injury or disease is not to be considered as evidence that the Applicant's statement is not true. The Applicant's statement is now considered key evidence and should be considered credible and reliable, as it is a sworn statement. The policy change also acknowledged that incidents do not have to occur on a military base to be service‑related and a claim for MST will not be denied solely on the basis that it did not happen on CAF property or at an official military event. ⁵

As this is a recent policy change, NCVA will monitor the impact of these improvements to ensure that those CAF members and veterans who have experienced military sexual trauma receive the benefits and services they deserve and need.

Sexual Misconduct in the CAF – 30 Years of Investigations, Reports, Recommendations and Response

Today, the CAF is at an inflection point in terms of leadership, professional conduct and culture.

Sexual misconduct within the CAF is a well‑known systemic issue ⁶ that continues to be reported by current and former CAF members, and the steps taken to address sexual misconduct have not been successful despite many efforts to effect culture change and gender integration. This issue of sexual misconduct is not about just "a few bad apples." It is about why this behaviour continues to occur in the institution. What are the networks, policies and processes that enable a culture of sexualized behaviour?

The allegations of sexual misconduct have been ongoing for over 30 years, beginning in the mid‑1980s with integration of women into the CAF, and can be characterized in three recent periods.

The first time that the issue of sexual misconduct in the CAF was a prominent national headline and also identified as a significant issue in the CAF that needed to be addressed was in 1998. ⁷ The May 25, 1998, cover of Maclean's magazine featured a story titled "Rape in the Military" and a photograph of a CAF member in uniform. ⁸ The article recounts how a CAF member was raped after one month into her Naval training and, when she reported it, she was charged for being in a male barracks after hours. The article also included similar accounts from 12 other women. The article highlighted that:

Most of the incidents (described in the article) took place in the 1990s, after the military began its program of fully integrating women into the armed forces. And many of them reveal a systematic mishandling of sexual assault cases: investigations were perfunctory, the victims were not believed and often they – not the perpetrators – were punished by senior officers who either looked the other way or actively tried to impede investigations. And in the opinion of many of the women victims, the abuse they suffered is as shocking as the Somalia scandal, when members of the Canadian Airborne Regiment tortured and killed a Somali teenager in 1993.

The CAF responded to Maclean's stating that there would be zero tolerance for this conduct and that "new initiatives including anti‑harassment programs, a new military investigative unit and a grievance board that operates outside the chain of command would be established to solve the problem."

The second period was 16 years later in 2014 when two magazine articles appeared. The first article by L'actualité appeared on April 24, 2014, titled: "Crimes sexuels: le cancer qui ronge l'armée canadienne." ⁹ The article's shocking headline also stated that:

Chaque jour, cinq personnes sont agressées sexuellement dans les Forces canadiennes. Femmes. Hommes. Cadets. Soldats. Techniciens. Pilotes. Marins. Ingénieurs. Militaires du rang ou officiers étoilés. Aucun métier, aucun grade, aucune base au pays n'y échappent.

Two weeks later, on May 16, 2014, another Maclean's magazine article, titled "Our Military's Disgrace, From 2014: An investigation uncovers the sexual violence plaguing our soldiers – and a military hierarchy with its own justice system, and its own rules," ¹⁰ revealed more of the same and resulted in a resurgence of reports of allegations of sexual misconduct in the CAF. The article reported that:

According to statistics obtained through Canada's Access to Information Act, military police have received between 134 and 201 complaints of sexual assaults every year since 2000. That's an average of 178 per year. Most specialists agree that hundreds of other cases are not reported. Statistics Canada estimates that only one in 10 cases of sexual assault is reported to authorities. That means a total of 1,780 sexual assaults per year in the Canadian Forces. Or, five per day.

These 2014 allegations led the CAF to commission an independent review of its procedures and programs related to sexual harassment and assault. The resulting 2015 report, "External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces," ¹¹ by former Supreme Court Justice the Honourable Marie Deschamps found that there is an underlying sexualized culture in the CAF that is hostile to women and LGBTQ2 members, and conducive to more serious incidents of sexual harassment and assault. Specific findings included:

• Frequent use of swear words and degrading expressions referencing women's bodies, sexual jokes, innuendos, unwelcome touching
• Sexual assault including "dubious" relationships between lower rank women and higher rank men and date rape
• The use of sex to enforce power relationships
• Members became accustomed to the sexualized culture as they moved up the ranks and both men and women appeared to be desensitized to this sexualized culture
• A broadly held perception in the lower ranks that those in the chain of command condone or are willing to turn a blind eye to incidents

The report also found an under‑reporting of incidents of sexual misconduct for fear of negative repercussions related to career progression, being stigmatized as weak or retaliation by peers or supervisors, and a strong perception that the complaint process lacks confidentiality.

The report made four recommendations to confront the issue of sexual misconduct:

1. Institutional cultural reform is required to address not only the more serious incidents of sexual harassment and assault, but also low‑level sexual harassment, such as the use of sexualized and demeaning language, which contributes to an environment that is hostile to women and LGBTQ2 members.
2. Leadership commitment at the senior level is essential to developing programs that result in meaningful impact, as well as to convey a clear message to all CAF members that inappropriate sexual conduct will not be tolerated, and to rebuild trust between CAF members and senior leadership.
3. Improving the integration of women in senior leadership positions is key to cultural reform. The report stated that there is a link between the existence of a hostile organizational culture that is disrespectful and demeaning to women, and the poor integration of women into the organization.
4. To re‑establish trust and confidence, establish an independent centre for accountability for sexual assault and harassment outside of the CAF with the responsibility for receiving reports of inappropriate sexual conduct, as well as prevention, coordination and monitoring of training, victim support, monitoring of accountability, and research, and to act as a central authority for the collection of data.

In response to these recommendations, the Chief of the Defence Staff (CDS) at the time launched Operation HONOUR and established the Sexual Misconduct Response Centre (SMRC), an organization that while independent from the CAF was still part of the DND – not quite as envisioned by the recommendation in the Deschamps Report. The mission of Operation HONOUR was to eliminate harmful and inappropriate sexual behaviour within the CAF. ¹²

The CAF Director General of Military Personnel Research and Analysis (DGMPRA) conducted a qualitative study in 2017‑2018 for the Directorate Professional Military Conduct – Operation HONOUR. ¹³

The DGMPRA study revealed that the Operation HONOUR initiatives, established to address sexual misconduct in the CAF, were inadequate. The negative culture continued to persist, service members were still fearful of reprisal when they came forward to report sexual misconduct to their superiors, and there was a lack of respectful and sensitive interaction. The study also found that there was still a lack of accessibility to health and mental health care supports.

The third period began this year, in February 2021, with reported allegations of inappropriate behaviour and sexual misconduct by a former CDS, the current CDS and the Chief of Military Personnel. This resulted in more allegations of sexual misconduct from serving and former CAF members being reported by the media. Subsequently, these allegations led to the launch of two Parliamentary Committee studies:

• The Standing Committee on the Status of Women. The goal of this study was to make recommendations to the Government to accelerate culture change and support the elimination of sexual misconduct in the CAF so that all members benefit from a working environment that is safe and inclusive.
• The Standing Committee on National Defence initiated a study of sexual misconduct in the CAF; however, a final report has yet to be released.

The June 2021 Report from the Standing Committee on the Status of Women, "Eliminating Sexual Misconduct within the Canadian Armed Forces," ¹⁴ found that, despite having some positive effects, Operation HONOUR did not achieve its goals. The report concluded that, while Operation HONOUR "got the conversation going" about sexual misconduct and helped improve resources and education on the issue within the CAF, it did not focus on the right targets to effect positive cultural change in the CAF.

Similar to the 2015 Deschamps Report, the 2021 report found that the CAF is hierarchical, male‑dominated, based on patriarchal gender norms and highly sexualized, and stated these factors create a toxic work environment where incidents of sexual misconduct occur and go unchecked. The report stated that changing the culture in the CAF and creating a safe, inclusive, and respectful working environment is urgent.

The report made 21 recommendations, which focused on two main issues:

1. The need to create a safe and inclusive workplace in the CAF, including the urgency of changing the culture within the CAF.
2. The imperative to address reports of sexual misconduct in the CAF, in particular with respect to improving the reporting and investigation of sexual misconduct incidents and to providing trauma‑informed support services to survivors in the CAF.

Notably, the report recommended that the Government:

• Create a fully independent Office of the Inspector General of the CAF and DND.
• Fully implement all recommendations of the 2015 Deschamps Report.
• Offer trauma‑informed support programs and services for survivors of sexual misconduct, including physical and mental health programs and services, and identify possible gaps in service or in funding, with the goal of offering trauma‑informed, gender and diversity‑sensitive and survivor‑centric services for all survivors of sexual misconduct in the CAF, including ensuring that specialized mental health services and peer‑support for sexual trauma survivors are available.

Similarly, the June 2021 National Defence and Canadian Armed Forces Ombudsman Position Paper, "Independent civilian oversight: The defence community serves no less – A Position Paper," ¹⁵ also affirmed the need for immediate culture change and the establishment of independent oversight of the DND and CAF. In the position paper, the Ombudsman stated that, while there is an urgent need to address culture change, there is also a need for independent civilian oversight, and highlighted the six studies since 1995 that have stated the need for an independent oversight body.

On June 1, 2021, the Third Independent Review of the National Defence Act (NDA), by former Supreme Court Justice the Honourable Morris J. Fish, was tabled in Parliament. The review included a chapter specifically on sexual misconduct in the CAF and how allegations are handled within the military justice system. ¹⁶ The review found that, despite efforts to address the problem:

Sexual misconduct in the Canadian Armed Forces (CAF) remains persistent, preoccupying and widespread – despite the CAF's repeated attempts to address the problem and to curb its prevalence. It has had a traumatic impact on the lives and careers of victims, a corrosive effect on discipline and morale and a marked tendency to undermine public confidence in the CAF's institutional capacity to solve the problem internally.

Justice Fish also acknowledged the findings of the Deschamps Report and affirmed that the "the nature, extent and human cost of sexual misconduct in the CAF remain as debilitating, as rampant and as destructive in 2021 as they were in 2015."

The review made four key recommendations to address sexual misconduct in the CAF:

1. Eliminate the victim's duty to report sexual misconduct to the chain of command as it impacts victim's autonomy and risks exposure to reprisals, ostracization and pressure to withdraw the complaint.
2. Conduct an independent review of the relationship between the SMRC, CAF and DND to ensure that the SMRC is fully independent from both.
3. Provide free and independent legal advice to victims of sexual misconduct.
4. Implement the Declaration of Victims Rights provided for in Bill C‑77, ensuring that victims investigated or prosecuted under the NDA will be entitled to substantially the same protections as the Canadian Victims Bill of Rights affords.

Sexual Misconduct in the CAF – Government Response to the Recent Allegations

Amid the flurry of the most recent allegations of sexual misconduct, both the Government and the CAF have responded with several significant initiatives to restore trust, to effect institutional culture change and to address the issue of sexual misconduct and harmful behaviour in the CAF.

Cancellation of Operation HONOUR

The Acting CDS cancelled Operation HONOUR on March 24, 2021, amid the allegations of sexual misconduct at the top levels of leaderships in the CAF and facing criticism by serving and former CAF members of its ineffectiveness. ¹⁷ Further, in a May 25, 2021, interview with the CBC, the Deputy Minister of National Defence, Jody Thomas, said that Operation HONOUR "lost its way" because the "government" failed to properly implement recommendations from the 2015 Deschamps Report. ¹⁸ In her comments Thomas said that the Deschamps Report was treated like a checklist and confirmed the "government" did not "truly" implement it.

Budget 2021

While the April 19, 2021, budget announcement provides promise that the Government is going to improve programs and services for CAF members and veterans who experienced sexual misconduct, it is also important that the initiatives meet their needs and that they have equitable access. The specific programs include:

Budget 2021 proposes to provide $236.2 million over five years, starting in 2021‑22, and $33.5 million per year ongoing to the Department of National Defence and Veterans Affairs Canada, including $158.5 million over 5 years and $29.9 million per year ongoing funded from existing resources to expand their work to eliminate sexual misconduct and gender‑based violence in the military and support survivors. Specifically:

• Enhance internal support services to victims, including access to free, independent legal advice and enabling military members to access services without making a formal complaint.
• Expand an existing contribution program to support community‑based sexual assault service providers outside major urban military centres, and increase the reach of the Sexual Misconduct Response Centre that serves the Canadian Armed Forces to additional locations across Canada.
• Pilot online and in‑person peer support groups for Canadian Armed Forces members and veterans who experienced sexual misconduct during their service. These will be tailored to military experience.
• Conduct research to inform targeted training and response frameworks, and engage external experts to support education and training to prevent sexual violence.
• Implement new external oversight mechanisms to bring greater independence to the processes of reporting and adjudicating sexual misconduct within the military.
• Undertake other initiatives to enhance institutional capacity to address harassment and violence, including enhancing the military justice system to better respond to allegations of misconduct and support survivors. ¹⁹

Government Launch of Another Independent Review

On April 29, 2021, the Government appointed the Honourable Louise Arbour, a former Chief Justice of the Supreme Court, to conduct an "Independent External Comprehensive Review into Sexual Misconduct and Sexual Harassment in the DND and the CAF." ²⁰ The aim of the review is to:

• Shed light on the causes for the continued presence of harassment and sexual misconduct despite efforts to eradicate it.
• Identify barriers to reporting inappropriate behaviour and to assess the adequacy of the response when reports are made.
• Assess the recruitment, training, performance evaluation, posting, and promotion systems in the CAF as well as the military justice system's policies, procedures, and practice to respond to such allegations.
• Make recommendations on preventing and eradicating harassment and sexual misconduct.

CDS Initiating Directive on Professional Conduct and Culture

On April 30, 2021, the CDS and Deputy Minister promulgated an "Initiating Directive" to address the issue of sexual misconduct, culture change and core values of the CAF. ²¹ The Directive states that:

We must recognize and accept that aspects of our culture are not fit for purpose for defence and security in the 21st Century, nor do they reflect the core values of the Canadian society we serve and which rightly holds us to a higher standard. Recent allegations of senior leader misconduct have shone a light on the reality that the desired culture change has not been achieved and is still urgently needed.

Key to this Directive was the creation of a Chief, Professional Conduct and Culture ²² to lead cultural transformation and develop a framework that will:

• Realign policies, programs and responsibilities that address misconduct across DND and the CAF.
• Improve the ways systemic misconduct is reported, tracked and addressed, both within and outside of the chain of command.
• Give greater agency and support to those who have experienced misconduct and those affected by it.
• Examine the ways systemic misconduct affects and is affected by intersectionality, reprisals, member satisfaction, and retention.

While these announcements and initiatives signal the Government's and the CAF's willingness and intent to address the issue of sexual misconduct and harmful behaviour, it is questionable whether another study is required and whether it is intended to include an independent oversight and accountability mechanism to ensure that effective and enduring change will finally occur.

Conclusion and Recommendations

Despite almost 30 years since the full integration of women and LGBTQ2 members in the CAF, incidents of sexual misconduct and harmful behaviour continue and the steps taken to address the problems have not been effective. In a recent CBC interview the Acting CDS, General Eyre, confirmed that the CAF has "failed as an institution to properly address sexual misconduct and called it an existential issue that threatens to make the CAF irrelevant in society and not able to defend the country if it's not fixed." ²³

All of the investigations, reports and recommendations made over the last 30 years point to four consistent issues that need to be addressed:

• The urgency of cultural transformation to address the "underlying sexualized culture in the CAF that is hostile to women and LGBTQ2 members"
• Reporting incidents without fear of reprisal, independent of the chain of command and in a safe and confidential environment
• The requirement for independent investigations, accountability and oversight
• The lack of trauma‑informed support programs for CAF members and veterans who have experienced sexual misconduct

Therefore, it is time to stop the investigations, reports and meetings discussing the same problems and effect meaningful change now. The continued allegations of sexual misconduct and harmful behaviour in the CAF highlight the need for immediate, comprehensive and enduring change.

Sexual Misconduct in the Canadian Armed Forces Recommendations

NCVA's recommendations to address the long‑standing issue of sexual misconduct and harmful behaviour in the CAF, as supported by the many studies and recommendations over the last 30 years, are as follows:

If the Government and the CAF do not take immediate action on these recommendations, we are failing the men and women who served and continue to serve this country.

We would express our appreciation to Captain (RCN) (Ret'd) Andrea Siew, former president of the Canadian Military Intelligence Association (a member‑organization of NCVA), for her outstanding contribution to this critically important position paper which represents a high priority concern of NCVA's Legislative Program.

Long‑Term Care/Intermediary Care

A. Admission to Long‑Term Care Facilities

One of the major recent developments with respect to long‑term care has been the initiation of a policy by VAC to widen the scope of eligibility to so‑called traditional veterans' beds in historical veterans' hospitals to modern day veterans. With specific reference to individual hospitals such as Sunnybrook in Toronto, the department has taken steps to exercise this operational discretion where vacant beds have resulted from the passing of traditional veterans and the demand from the modern‑day veteran community exists.

In addition, as many of you will be aware, there have been a number of high‑profile cases in the last number of years which have been described in national media articles with reference to specific veterans attempting to gain admission to long‑term care facilities in various provinces across the country. It is of interest that VAC has ostensibly developed a flexible position in this context, so as to provide access to traditional veterans' facilities on the basis of designating certain priority access beds as community beds (preferred veterans beds) for the purposes of VAC policy guidelines. This development of a form of freedom of choice for veterans attempting to gain admission to long‑term care facilities should be encouraged on an ongoing basis.

B. Ste‑Anne's Hospital

NCVA is pleased to confirm that the class action lawsuit initiated in 2018 by Wolf Solkin, then‑95‑year‑old resident at Ste‑Anne's Hospital in Montreal, has been settled. The class action pleadings took the position that there have been significant violations in the 2016 transfer agreement between the Federal Government (VAC) and the Province of Quebec as to the quality and standard of care at the hospital, together with a failure to satisfy the bilingual language requirements.

As you will recall, we have strongly supported this claim from the outset, as set out in our Legislative Program for the last three years. It has been our recommendation in this context that VAC expedite the resolution of this legal dispute and address the shortfalls emanating from these transfer agreement violations at Ste‑Anne's by providing appropriate funding to address the significant breaches in this contractual arrangement.

Indeed, one of our major proposals with respect to the long‑term care situation at Ste‑Anne's was as follows:

That NCVA continue to express the concerns of our member organizations to the Minister and the Deputy Minister with reference to the administration of Ste‑Anne's Hospital. NCVA intends to hold ongoing discussions with the Minister's office to protect the interests of veterans affected by this transfer and ensure that the provisions found in the transfer agreement established to support the commitments made in relation to priority beds for veterans, language rights, and the standard of care be strictly enforced and funded by the Federal Government as promised.

We did carry out numerous discussions with senior officials at the department and, more particularly, with Michel Doiron (the former Assistant Deputy Minister, Service Delivery Branch) wherein we learned in confidence that settlement negotiations were being carried out and that it was the intention of the Federal Government to consummate an equitable resolution to this longstanding grievance by the residents of Ste‑Anne's Hospital.

The class action initiated by the indomitable Mr. Solkin is a true legacy to this gentleman, a World War II veteran who only learned of the settlement a few days before his passing on February 3, 2021.

At this stage of development, we have learned that the notice of settlement pertaining to the class action contains the follow substantive principles:

• It is recognized that the Federal Government and the Province of Quebec failed to maintain the level of care and service that veterans received from Ste‑Anne's Hospital before it was transferred to a provincial health and social services centre.
• Members of the class who will be entitled to share in the settlement proceeds include any and all individuals who are or were veterans of the Second World War or the Korean War, and who resided at Ste‑Anne's Hospital at any time as of April 1, 2016, or thereafter, as well as their heirs, successors and assigns.
• The settlement was reached in consideration of the payment of a global, final and definite amount of $19,008,045.
• Each member of the class will be entitled to a share of the settlement proceeds which shall correspond to the number of days they spent at Ste‑Anne's Hospital between April 1, 2016, and October 30, 2020, multiplied by a fixed and definite amount to be determined once all statements of claim will have been duly received and processed.
• As an integral part of the settlement agreement, it is understood that the terms and provisions of the original transfer agreement between the Federal Government and the Province of Quebec must be satisfied, and necessary changes implemented to meet the required standards entrenched in the agreement.
• The settlement approval hearing before the Quebec Superior Court has been consummated and the terms and provisions of the settlement sanctioned by the Court.

This is indeed good news supporting the validity of the claim and the need for significant change to satisfy the key elements of the transfer agreement as originally contemplated by the parties and ensuring that the standards of care in existence prior to the transfer are replicated.

Wolf Solkin's legacy will be forever remembered by the residents of Ste‑Anne's as an indefatigable advocate of veterans' rights, even at the later stages of his life.

C. Intermediary Costs

As emphasized over the course of the last number of NCVA meetings, it is self‑evident that VAC, through VIP, has the authority to cover specific costs and expenditures while a qualified veteran resides in his or her home. In addition, once such a veteran pensioner has reached the stage where a long‑term care facility is required, the Veteran Health Care Regulations establish financial support at this time in the health care process.

As we have consistently argued with departmental officials for many years, what has been missing has been the financial assistance for the middle ground or intermediary level of institutionalization where many of our members currently find themselves, i.e., seniors' residences and assisted living facilities.

We have had a number of intensive meetings with departmental officials over the last three years in an attempt to close this gap, and we remain encouraged that attempts are continuing to be made by the Government to address this longstanding concern.

D. Veterans Ombudsman's Report

As previously advised, we continue to work closely with the OVO in this context. It is of significant interest that the Ombudsman's office has adopted our position and has issued a number of reports with regard to long‑term care/intermediary care which fully recognize the shortcomings that currently exist in the VAC Health Care Regulations concerning this particular gap in financial coverage. This will add further ammunition and support to our ongoing initiative to ensure that these inequities are eliminated.

In this regard, it is noteworthy that the Veterans Ombudsman released an excellent report in 2018 entitled "Continuum of Care: A Journey from Home to Long Term Care" which contains a comprehensive analysis of the current VAC long‑term care and health care policies. The report further provides a series of recommendations which are consistent and in line with NCVA's longstanding position on this important subject. We will continue to collaborate with the OVO in pursing the implementation of these mutually desired recommendations.

In summary, the Veterans Ombudsman's proposals are as follows:

1. Follow‑up contact with Veterans Independence Program recipients should be made on at least an annual basis and more frequently for those at higher risk (with in‑home assessments when necessary) to ensure timely and accurate identification of changing needs as veterans age.
2. Eliminate the inconsistency in Veterans Independence Program eligibility for housekeeping and grounds maintenance for survivors and spouses so that they may all have access to the services they need, regardless of what the veteran received or did not receive prior to their death or involuntary separation.
3. Adjust the eligibility criteria of the Caregiver Recognition Benefit to provide easier access to compensation for caregivers when service‑related conditions inhibit a veteran's ability to perform instrumental activities of daily living and childcare.
4. Introduce additional financial support that can be used to subsidize assisted living options for veterans whose needs do not require long‑term care, but who cannot stay in their own homes.
5. Merge the Veterans Independence Program and Long‑Term Care program into one "Continuum of Care" program such that access is determined once, and criteria are transparent, understandable, and based on the physical and mental health needs of the veteran.
6. Reduce the complexity of 28 different eligibility groups, currently using service type, such that access to continuum of care support is based on the physical and mental health needs of veterans.
7. Develop and publicly communicate a strategy to ensure that the continuum of care needs of all veterans is being met within the current context of the Canadian health care system.

Long‑Term Care/Intermediary Care Recommendations

Last Post Fund/Veterans Burial Regulations

It remains NCVA's position that it is necessary for VAC to recognize that a seriously disabled veteran should be entitled, as a "Matter of Right," to receive funeral and burial benefits pursuant to the Veterans Burial Regulations.

As we have often stated, it is puzzling indeed that, during the lives of seriously disabled veterans, the department has recognized the cumulative and synergistic impact of both their pensioned and non‑pensioned conditions, approving many health care and treatment benefits on their behalf but, in death, ignores the relationship between these conditions.

In this context, it is inconceivable in our submission that the impact of the seriously disabled veteran's pensioned and non‑pensioned disabilities did not play a part in his or her ultimate demise. In this overall analysis, the principle of presumption should be fully applicable to this area of VAC adjudication.

With the odd exception, however, recent developments in this area insofar as the treatment of seriously disabled veterans continue to be extremely encouraging.

Although it remains unusual, we were deeply disturbed this year to learn of the rejection of a Hong Kong veteran's claim for Last Post funding. As many of you will be aware, The War Amps of Canada has acted for the Hong Kong Veterans Association and all of its members for many decades – rarely have we been required to appeal a claim for Last Post funding under the Veterans Burial Regulations as VAC has long recognized the beneficial entitlement of this unique group of Canadian veterans.

We must say that we continue to be appalled that another appeal has proven necessary, given the history of the Canadian Hong Kong veterans and the horrific experience they suffered as POWs of the Japanese in World War II for some 44 months – the devastating story of the abuse, torture, starvation and gross violations of human rights has long led us to the irrefutable conclusion that the family of a Hong Kong veteran should automatically receive Last Post funding as a Matter of Right.

In our submission, no family of a Hong Kong veteran who suffered the physical, mental and psychological trauma of life in Japanese POW camps in World War II should be required to demonstrate the interrelationship of this experience on the ultimate demise of the veteran – surely it is self‑evident.

There is no doubt, in our considered opinion, that the death of a Hong Kong veteran is at least in part a consequence of his World War II experience and the multiple pensioned conditions that such a veteran has endured his entire life.

It remains our hope that this particular case reflects an aberration with regard to Last Post funding claims, and we would advise that we have achieved success in the greater majority of Hong Kong veteran claims with regard to Last Post funding. However, it is clear that we must be vigilant in this context and thus we have continued to mount a comprehensive campaign to provide an "education" to the department and ensure that all adjudicators are properly informed as to the tragic history of Canada's Hong Kong veterans.

Indigenous Veterans

With reference to the longstanding grievance of Indigenous veterans in relation to their claim for compensation for post‑World War II/Korea benefits, the Government announcement initially contained in the 2019 federal budget provided an ex‑gratia payment of $20,000 to those Métis veterans still alive and a similar amount to the estates of those Métis veterans who have died in the last three years. In addition, the $30 million fund created in the budget would largely be employed to establish a legacy fund to recognize the contribution of Métis veterans to the country's Second World War and Korea efforts, and to commemorate the sacrifices and achievements of all Métis veterans.

It must be stated that this announcement unfortunately fits into the description of "better late than never" as it is a real shame that this governmental policy was not initiated many years ago when a greater number of Métis veterans were still alive. It is also noteworthy that, originally, there was a restriction in eligibility to those estate beneficiaries where the Métis veteran had died after January 2016. Fortunately, the Government has amended this limitation period as of June 2020, and the policy is now inclusive of recognition payments being presented to all surviving spouses and common‑law partners regardless of when their loved one passed. The policy remains the same that, if the spouse or common‑law partner has also passed, all living children of a World War II Métis veteran who has passed after January 2016 are eligible to receive equal portions of the $20,000 Recognition Payment.

It will be remembered that some years ago, The War Amps of Canada initiated a legal petition in the United Nations Human Rights Committee in an attempt to pressure the Canadian Government on the substance of the claim on the basis of this systemic discrimination. The claim, although gaining appropriate exposure to this particular grievance, was not fully successful in the United Nations Human Rights Tribunal due to the ostensible limitation periods that exist in that particular jurisdiction.

APPENDIX: 2021 Election Platforms

Following is the full campaign documentation of each federal party as it pertains to veterans' issues.

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Liberal Platform: "Honouring Our Veterans"

(From https://liberal.ca/our-platform/)

Key Actions to Support Veterans, Since 2015

• Invested, in six years, nearly $11B in new funding for better care, services, and supports for Veterans and their families.
• Reintroduced the Veteran's Service Card, which helps members as they transition to post‑military life and acknowledges their incredible service to our Forces.
• Developed a new Joint Suicide Prevention Strategy between the Canadian Armed Forces and Veterans Affairs Canada to prevent suicide among our military members and Veterans.
• Reopened all nine Veterans Affairs offices closed by the Conservative government to improve Veterans' access to services.
• Adopted a motion to end Veteran homelessness by 2025.

Ending Veteran Homelessness

Veterans have a higher likelihood of experiencing chronic homelessness. One homeless veteran is too many. Veterans have dedicated themselves to serving Canadians; no veteran should be without a home or the care, support, and opportunities that they deserve. We believe that every Veteran deserves a home.

A re‑elected Liberal government will:

• Move forward on our plan to launch a pilot program next year that will provide rent supplements and wrap‑around supports to homeless Veterans, so that they can get the housing and services they need.
• Introduce a Veterans stream to the Rapid Housing Initiative which will see new affordable housing become available for Veterans.

Reducing Benefit Wait Times for Veterans

Under Erin O'Toole's watch, as the Conservative's Minister of Veterans Affairs, Veterans support offices were shuttered, and staff were laid off. When we formed government, we re‑opened all nine offices, so our Veterans and their families had access to the personalized, quality services they deserve.

We have invested nearly $200 million to reduce wait times for Veterans and hired 350 additional staff. We also invested $140 million to ensure that Veterans don't have to wait for their benefits to get high‑quality mental health care.

A re‑elected Liberal government will:

• Continue our work to reduce wait times and ensure Veterans and their families receive decisions on their applications in a timely manner.
• Invest the necessary resources to accomplish this, such as hiring more case workers and adjudicators, continuing to enhance disability benefit processing, and by enhancing innovative digital solutions.
• Ensure the benefit system and Veterans Affairs services are responsive and meet the needs of underrepresented Veterans including women, LGBTQ2, racialized, and Indigenous Veterans.

Veterans' employment strategy

Too many veterans struggle to find meaningful work in their post‑service careers. Veterans leave the military with a broad set of skills that are valuable to employers across the economy. We think that a key part of building back better is making sure that everyone who wants to work has access to the support they need to find a good job.

A re‑elected Liberal government will:

• Launch Canada's first National Veteran Employment Strategy, with a goal of ensuring that every Veteran can find meaningful work after releasing from the Canadian Armed Forces. A part of this strategy will include improving qualification recognition so that certifications earned while in service can be used in civilian life.

Commemoration

Canadians are proud of their military heritage, but as time passes, it is critical that we not forget the sacrifices made by Veterans in the fields of Belgium, to the mountains of Afghanistan, and beyond. Not nearly enough is known about the extraordinary contributions of modern Veterans or the contributions of Canada's women, Indigenous, racialized, and LGBTQ2 Veterans. We have an obligation to make sure they receive the honour and recognition they deserve.

To ensure that the legacies of those who have served live on, a re‑elected Liberal government will:

• Support Commemorate Canada and ensure this program recognizes modern Veterans as well as women, Indigenous, racialized, and LGBTQ2 Veterans from all conflicts.
• Ensure that we recognize the valuable contributions of Canadian Armed Forces Veterans who have served our country in domestic operations such as wildfires, ice storms, and floods.

Members of the Canadian Armed Forces have the right to work in an environment that is free from violence, harassment, and discrimination. Allegations of sexual misconduct, homophobia, and xenophobia in the Canadian Armed Forces have shocked Canadians and revealed an unacceptable culture of discrimination and impunity. The women and men of the armed forces make tremendous sacrifices to keep us safe and protect Canadian values. They are owed nothing less than the same.

A re‑elected Liberal government will:

• Implement the recommendations of the Independent External Comprehensive Review led by Justice Arbour to address sexual harassment and misconduct in the Canadian Armed Forces, including instituting external oversight and independence over the processes of reporting, investigating, and adjudicating complaints, outside of the chain of command.
• Modernize the military justice system and ensure survivors are treated with respect and have the full range of options and services available in the civilian system, including implementing recommendations from the Third Independent Review of the National Defence Act led by Justice Fish.
• Expand resources available to survivors through the Sexual Misconduct Response Centre and make these services available to all members of the defence team, including DND employees, veterans, and members of military families.
• Expand health services available to women in the CAF, ensuring comprehensive access to sexual and reproductive health resources, child care, and mental health resources. We will increase investments to address the clinical, occupational and deployment health needs of CAF women in cooperation with the newly established National Institute of Women's Health.
• Co‑design and fully fund a permanent peer‑to‑peer support program for CAF members who have experienced military sexual trauma and make it accessible to all members of the defence team.
• Work to root out all sources of anti‑Indigenous and anti‑Black racism, LGBTQ2 prejudice, gender bias, and white supremacy in the Canadian Armed Forces and implement the recommendations of the Advisory Panel on Systemic Racism, Discrimination to ensure that all members of the defence team work in a safe and respectful workplace.
• Undertake ambitious efforts to improve the diversity of the CAF, including women, LGBTQ2, Indigenous, Black, and racialized Canadians and persons with disabilities.

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Conservative Platform: "Standing Up for Our Veterans"

(From https://www.conservative.ca/plan/)

There is a sacred trust between Canadians and those brave soldiers, sailors, and aircrew who have put service before self.

For our veterans, service meant putting the safety and well‑being of the nation first. It meant families left alone, bodies punished in far‑away lands and, for too many, injury or death.

We owe it to them to recognize and fulfill our obligation – our promise to take care of them if they are injured in the service of our country and to help them and their families transition back to civilian life when their service is completed.

Justin Trudeau was elected on a promise to restore Veterans pensions and enhance Veterans benefits. He has failed to do so. After making a cynical appeal for their support, he turned his back on our most dedicated citizens.

It's time for a government that truly cares about our veterans.

Canada's Conservatives will:

• End the mess of two benefit systems – Canadian Armed Forces (CAF) and Veterans Affairs Canada (VAC) – that do not work together and replace them with one streamlined system of benefits from enlistment through service and retirement.
• Ensure financial security & transition support for injured Veterans and their families.
• Streamline benefit adjudication & set performance targets to ensure that the benefits system is focused on helping our veterans rather than on outdated procedures.
• Allow veterans and their families to direct their care and rehabilitation.
• Insist on care, compassion, and respect in every aspect of veteran services.
• Ensure that the benefits system is focused not only on compensation but on helping veterans build meaningful careers through partnerships with universities, colleges, and businesses.

Specific measures that Canada's Conservatives will take to honour the sacred trust include:

• Empowering military doctors, who know the demands of service and the impact of injuries, to determine a service‑related injury for all CAF and VAC purposes.
  • No longer will one medical evaluation deny someone the ability to serve, and a separate assessment then deny them benefits.
• Revising the concept of "universality of service" to be job‑specific.
  • The "everyone is a rifleman" concept is outdated and unsuited to the realities of modern warfare while leading to injured service members being pushed out and cut off.
  • Fitness categories will become job‑specific, and those who wish to continue to serve after injury will have the opportunity to retrain in an area where they can serve.
• Ensuring a smooth transition for any CAF members who have to be medically released, including retaining them in the CAF until all the benefits and services from the CAF, VAC, and Service Income Security Insurance Plan have been confirmed and put in place.
• Implementing the Lifelong Disability Benefit for moderately to severely injured veterans.
• Making a transfer to the reserves a practical and easy option and adjusting service requirements to balance the need for training with the reality of adapting to the civilian workforce.
  • This will ease a regular force member's transition and strengthen the reserves.
• Ensuring that military families, especially spouses, are provided with sufficient support.
• Implementing a strategy to combat homelessness among veterans and explore the potential for using surplus military housing to provide housing for homeless veterans.
• Covering the cost of PTSD service dogs for veterans and creating training standards for them.
• Empowering frontline VAC employees to adjudicate claims.
• Completing the Afghanistan War Memorial.
• Funding educational initiatives that teach Canadians about veterans' service and Canada's place in the world.

Canada's Conservatives will stamp out the culture of sexual harassment that persists in too many federal government institutions, including the Canadian Armed Forces and the RCMP. We will ensure that the Government of Canada serves as an example for the country of a safe and respectful work environment.

Stamping Out Sexual Harassment

A safe and respectful workplace free from sexual harassment is essential for women to succeed in the workforce. The recent examples of harassment in the ranks of the Canadian Armed Forces underscore the difficulties women often face in the workforce.

The Government of Canada needs to lead by example – starting with the Prime Minister. It is unacceptable that this Prime Minister kept the leader of Canada's military on the job for years and continued giving him raises when his government was aware of serious, credible accusations of sexual misconduct.

Canada's Conservatives will take real action to ensure that the Canadian Armed Forces – and the entire federal government – are safe and respectful workplaces. We will start by ensuring that the investigation of sexual misconduct is done by investigators outside the chain of command. It is unacceptable that allegations against a superior need to be reported to someone who reports to that person and may share information with them.

Canada's Conservatives will recognize that Canada's most vital defence asset is its people by:

• Ending harassment and discrimination and making the CAF a better workplace.
• Enhancing the participation of women, Indigenous people, and visible minorities through proactive, targeted recruitment at the community level.
• Ensuring a respectful and professional workforce free from sexual misconduct and discrimination.
• Calling a public inquiry into harassment and discrimination in the Canadian Armed Forces and make immediate changes such as removing commanders' access to their subordinates' medical files.
• Ordering a service‑wide independent investigation into sexual misconduct in the military.
• Introducing policies to ensure future complaints are made to an external, independent body outside the chain of command.
• Making the CF and DND Ombudsperson an independent Officer of Parliament.

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NDP Platform: "Honouring our veterans"

(From https://www.ndp.ca/commitments)

Canadian veterans have made untold sacrifices for our country. To honour their service, we need to offer the best care and support possible when they come home.

Unfortunately, for too long, veterans have had to fight for the benefits they've earned. For a decade, the Conservative government denied and clawed back benefits, took veterans to court, and cut access to basic care. As Minister of Veteran's Affairs, Erin O'Toole did nothing to reverse the closure of nine regional offices and the firing of nearly 900 staff that provided services for tens of thousands of veterans across Canada.

While hopes were high that the Liberal government would improve veterans care, after half a decade in power they've broken their commitments, failing to improve long wait lists and left billions in money earmarked for veterans care unspent. Years of court cases and broken promises have deepened the disappointment and mistrust that's felt by many of Canada's veterans.

It's time to do right by our veterans.

A New Democrat government will honour the special bond of mutual obligation between Canadians and veterans, and deliver the services that veterans need and deserve. As part of this process, we will work with veterans to design a system that provides fair benefits to all veterans, including equal access to lifetime pensions.

Veterans shouldn't have to wait weeks or even months or years to receive the services they need. We'll get rid of backlogs and step up high‑quality, personalized service delivery by actually providing one caseworker for every twenty‑five veterans, hiring more disability adjudicators to clear the backlog, putting in place automatic approvals for the most common injuries, and improving services that are delivered by phone and online.

There's also much more that we can do to ease the transition from service for veterans. A New Democrat government will give Canadian Forces members access to care and support before the transition, and make sure that their benefits are in place before they are released from service.

New Democrats know that sometimes a sacrifice abroad means being unable to care for yourself when you return, and we will help support veterans and their families by expanding the caregiver allowance to more people. New Democrats will work with partners in community services and the veterans community to end veteran homelessness for good – because one veteran on the streets is one too many.

To ensure that taxpayer money earmarked for veterans care actually gets spent on it, we will automatically carry forward all annual lapsed spending in Veterans Affairs to improve services. There should never be an incentive for any government to save money on the backs of veterans.

And finally, to hold all governments accountable to the sacred commitments we make veterans, New Democrats will make the Veterans Ombudsman fully independent so they can report transparently and directly to Canadians.

Our vision is a military where Canadian Armed Forces members can work safely, get the support they need when they need it, and count on fair policies to govern their work.

A New Democrat government will make mental health support for members and their families a priority. No member or veteran of the Canadian Forces should ever feel that they are all alone in dealing with the impact of their experiences or in transitioning to civilian life. They – and their families – need to know that their country and their government has their back, during their service and for the rest of their lives.

We are also committed to putting an end to sexual harassment and assault in the military. The Liberals have talked about the issue for six years but have failed to make needed changes, while survivors of sexual misconduct continue to suffer from a culture of silence and impunity that extends right to the top of the chain of command. We will immediately implement the recommendations of the Deschamps Report, including establishing independent oversight and accountability for sexual harassment and assault in the military.

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People's Party of Canada Platform: "Veterans: Standing Behind the Men and Women Who Sacrificed for Our Country"

(From https://www.peoplespartyofcanada.ca/veterans)

Issue

The Canadian Armed Forces has a proud history and is one of the most capable and respected military forces in the world.

Unfortunately, successive Liberal and Conservative governments have largely chosen to forget this proud history. They have starved our military forces of funds, equipment and support, and broken their trust with those who made an exceptional personal commitment to put life and limb at risk in the interests of the nation.

The backbone of any military is the character of the men and women who serve. The fastest way to demoralize and undermine a country's military is to fail to look after injured soldiers when they return home or to provide for the families of those who did not make it back.

Facts

Until 2006, veterans injured or disabled during military service received a tax‑free lifetime disability pension under the Pension Act, as determined by a veteran's disability assessment, including support and survivor benefits for spouses and dependent children.

On April 1, 2006, the New Veterans Charter replaced those pensions with a one‑time lump sum disability payout that is wholly inadequate, leaving many injured and disabled veterans in dire financial straits. It created two classes of veterans.

The Trudeau government campaigned on the re‑establishment of a lifelong disability pension, a "Pension for Life", which actually amounts to a hodgepodge of existing benefits recycled and repackaged as something new. The Parliamentary Budget Officer has calculated that the Pension for Life provides the average veteran lifetime payments less than one third of what would have been provided under the Pension Act. Moreover, it has become increasingly difficult for veterans to navigate all the programs and obtain the benefits they are entitled to.

When a veteran who had lost a leg asked Justin Trudeau at a Town Hall why his government was still fighting veterans groups attempting to get the support they were promised, Trudeau said: "Because they're asking for more than we are able to give right now."

Our Plan

The government of Canada has an obligation to honour the nation's sacred commitment to our military men and women and make sure our veterans receive the support they deserve.

A People's Party government will:

• Recognize and respect the unique sacrifices of those who serve and have served in Canada's Armed Forces.
• Enshrine in legislation the country's obligations to our veterans in a Military Covenant between the government and those who serve in the Armed Forces.
• Reinstate the fair disability pension as previously provided for by the Pension Act. The pension will apply retroactively to 2006 and lump sum payments received since then will be treated as advance payments.
• Instigate a line‑by‑line review of the New Veterans Charter (including the Enhanced New Veterans Charter Act of 2011), to determine which policies and programs should be retained, simplify the system and make it easier to navigate.
• Reemphasize the legislative guarantee of the "Benefit of doubt" standard under the Pension Act.