DAOD 5019-7, Alcohol Misconduct

1. Introduction

Date of Issue: 2010-07-12

Application: This DAOD is an order that applies to officers and non-commissioned members of the Canadian Amed Forces (CAF).

Supersession:

  • CFAO 19-31, Misuse of Alcohol
  • CANFORGEN 092/02, Clarification to Misuse of Alcohol Policy

Approval Authority: Chief of Military Personnel (CMP)

Enquiries:

  • Director Military Careers Policy and Grievances (DMCPG) (for policy)
  • Director Military Careers Administration (DMCA) (for policy administration)
  • Director General Health Services (DGHS) (for health education, assessment, treatment and rehabilitation)

2. Definitions

alcohol abuse (abus d'alcool)

Alcohol abuse means a maladaptive pattern of repeated alcohol use as manifested by recurrent or significant adverse consequences as described in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (Text Revision).

alcohol dependence (dépendance à l'alcool)

Alcohol dependence means a physiological or psychological dependence on alcohol as manifested by tolerance or symptoms of withdrawal as described in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (Text Revision).

Alcohol Misconduct (inconduite liée à l'alcool)

Alcohol misconduct means any conduct, other than a conduct deficiency involving alcohol, that is an offence under the Criminal Code or the Code of Service Discipline that includes the consumption or influence of alcohol as an element of the offence or as a contributing factor, including, but not limited to, the following offences:

  • impaired driving;
  • impaired driving causing bodily harm or death;
  • refusing to comply with a demand to provide a breath or blood sample;
  • drunkenness under section 97 of the National Defence Act or an offence under QR&O article 19.04, Intoxicants, if dealt with at court martial, or at summary trial if a court martial election was given; and
  • stealing, assault or sexual assault.

conduct deficiency involving alcohol (écart de conduite lié à l'alcool)

A conduct deficiency involving alcohol means any conduct or performance involving alcohol that:

  • is an offence under section 97 of the National Defence Act or QR&O article 19.04, if dealt with at summary trial and a court martial election was not given;
  • is an offence under provincial or municipal law; or
  • demonstrates personal financial mismanagement or any other unacceptable conduct or performance.

3. General Principles

Context

3.1 Alcohol abuse and alcohol dependence create widespread and serious problems in the CAF, harming basic social and military values and undermining security, morale, discipline and cohesion in the CAF.

3.2 Alcohol abuse and alcohol dependence lead to behaviour that reflects discredit on the CAF and are therefore not tolerated by the CAF.

3.3 Maintaining a healthy regard for alcohol is addressed through education and, if necessary, medical treatment.

Applicant for Enrolment, Re-engagement or Re-enrolment

3.4 A person who has engaged in alcohol misconduct may be refused enrolment, re-engagement or re-enrolment in the CAF.

Standard of Conduct

3.5 No CAF member shall engage in alcohol misconduct.

Consequences

3.6 A CAF member who engages in alcohol misconduct is liable to criminal, disciplinary and administrative action, including release.

3.7 Alcohol misconduct and conduct deficiency involving alcohol shall be dealt with in a timely fashion.

Responsibilities of CAF Members

3.8 A CAF member is required to report:

  1. alcohol misconduct by another CAF member, in accordance with QR&O subparagraph 4.02(1)(e), General Responsibilities of Officers,or QR&O subparagraph 5.01(e), General Responsibilities of Non-Commissioned Members, as applicable; and
  2. their arrest by a civil authority, in accordance with QR&O article 19.56, Report of Arrest by Civil Authority.

Reporting an Incident

3.9 An incident of alcohol misconduct or suspected alcohol misconduct shall be reported to:

  1. the CAF member's commanding officer (CO) through the chain of command;
  2. the military police; or
  3. the local representative of the Judge Advocate General (JAG).

4. Education

General

4.1 The CAF policy on alcohol misconduct and conduct deficiency involving alcohol shall be made known to:

  1. all applicants for enrolment or re-enrolment in the CAF;
  2. CAF members during recruit and basic officer training; and
  3. CAF members on leadership courses.

Specific Programmes

4.2 Specific alcohol education programmes consist of:

  1. informing applicants on enrolment and re-enrolment in the CAF, and CAF members during recruit and basic officer training and leadership courses, of the content of this DAOD;
  2. ensuring that CAF members regularly receive alcohol awareness information under the Health Promotion Program;
  3. ensuring that CAF members in leadership positions are trained under the Health Promotion Program to:
    1. identify the signs of alcohol abuse and alcohol dependence;
    2. take an active role in detection; and
    3. provide guidance and information to CAF members.

5. Process for Alcohol Misconduct

Action by CO and DMCA

5.1 After any report of a CAF member's alcohol misconduct or suspected alcohol misconduct, the CO shall:

  1. immediately notify DMCA and provide a sufficient description of the circumstances;
  2. obtain legal advice from the local JAG representative; and
  3. consider action under QR&O article 101.08, Relief from Performance of Military Duty – Pre and Post Trial.

5.2 Upon notification by a CO, DMCA shall initiate an administrative review (AR) as appropriate under DAOD 5019-2, Administrative Review.

5.3 Only DMCA, the Director General Military Careers (DGMC) and CMP may impose administrative action for alcohol misconduct. Any purported administrative action imposed by a CO in respect of alcohol misconduct is of no force or effect.

Action by other CAF Authorities

5.4 The following table describes the actions of other CAF authorities when an incident of a CAF member's alcohol misconduct or suspected alcohol misconduct has been reported:

CAF AuthorityAction
Military Police
  • Conduct an initial assessment and determine the requirement for the assistance of the Canadian Forces National Investigation Service (CFNIS);
  • conduct an investigation as required; and
  • provide all reports related to the incident to DMCA.
CFNIS
  • Conduct an investigation as required; and
  • provide all reports related to the incident to DMCA.

CAF Member Tried for an Alcohol Misconduct Offence

5.5 If a CAF member is tried for an alcohol misconduct offence, the CO shall obtain, upon the conclusion of the service tribunal or civil court proceeding, the documents listed in the following table:

If ...obtain the following ...
the CAF member is convicted,
  • the certificate of conviction or other document setting out the conviction (see QR&O article 19.61, Certificate of Conviction and QR&O article 19.62, Action Following Conviction by Civil Authority);
  • the form or other document setting out the sentence;
  • any probation order; and
  • any prohibition order.
the CAF member is discharged or found not guilty, or a stay of proceedings is directed,
  • the entire court transcript; and
  • the decision of the service tribunal or civil court.

5.6 The CO shall forward to DMCA:

  1. all the above applicable documents;
  2. any conduct sheet of the CAF member, updated as required;
  3. a summary of the evidence;
  4. the CO's recommendation, with explanation, as to administrative action, if any, that should be imposed in respect of the CAF member; and
  5. any other relevant information to assist in the AR.

CAF Member Not Tried for an Alcohol Misconduct Offence

5.7 If a CAF member is not tried for an alcohol misconduct offence, the CO shall forward to DMCA:

  1. all information concerning the reported incident;
  2. any conduct sheet of the CAF member;
  3. the CO's recommendation, with explanation, as to administrative action, if any, that should be imposed in respect of the CAF member; and
  4. any other relevant information to assist in the AR.

6. Process for Conduct Deficiency Involving Alcohol

Action by CO

6.1 After any report of a CAF member's conduct deficiency involving alcohol or a suspected conduct deficiency, the CO shall:

  1. conduct an initial evaluation;
  2. consult with the local JAG representative to determine the required action in accordance with this DAOD, other relevant DAODs and QR&O article 101.08;
  3. consider relieving the CAF member from the performance of military duty in accordance with QR&O article 101.08;
  4. contact the military police if the initial evaluation of the incident indicates a requirement for a police investigation;
  5. administer, if appropriate, a remedial measure in accordance with the Administrative Action if an AR is not Conducted block; and
  6. refer the member to a CAF medical care provider in accordance with CFAO 34-56, Mental Disorders.

6.2 The CO shall refer any incident to DMCA for an AR if the conduct deficiency involving alcohol demonstrates a significant lack of judgement relating to the performance of the CAF member's duties or disregard for the safety of others.

Note – Additional information on the responsibility of a CO is set out in the CDS Guidance to Commanding Officers.

DMCA Oversight

6.3 Prior to any administrative action being imposed by a CO for a CAF member's conduct deficiency involving alcohol, DMCA may order that an AR be conducted under DAOD 5019-2.

6.4 If DMCA has ordered an AR in respect of a conduct deficiency involving alcohol, a CO may not impose administrative action. Any administrative action purportedly imposed by a CO after the AR is ordered by DMCA is of no force or effect.

7. Administrative Action

Evidence

7.1 Administrative action in respect of alcohol misconduct may be imposed only if there is clear and convincing evidence that the CAF member has engaged in alcohol misconduct.

7.2 Administrative action in respect of a conduct deficiency involving alcohol may be imposed only if there is reliable evidence that the CAF member has engaged in the conduct deficiency.

Administrative Action if an AR is Conducted

7.3 Before determining appropriate administrative action, the approving authority, as set out in the AR Types table of DAOD 5019-2, shall consider all the evidence surrounding the incident. In weighing that evidence, the approving authority is required to consider the following:

  1. the facts of the present case;
  2. the CAF member's entire period of service, taking into account the CAF member's rank, military occupation, experience and position;
  3. the CAF member's previous conduct or performance deficiencies, if any;
  4. the CAF member's leadership role, if any;
  5. whether the CAF member's leadership capacity is compromised; and
  6. the ACF member's history of referral for medical assessment for similar incidents.

7.4 As a general principle, the appropriate administrative action is one that best reflects the degree of incompatibility between the CAF member's:

  1. alcohol misconduct or conduct deficiency involving alcohol; and
  2. continued service in the CAF.

7.5 Administrative action which may be imposed is set out in the AR Decisions block in DAOD 5019-2.

Administrative Action if an AR is not Conducted

7.6 If a CAF member has engaged in a conduct deficiency involving alcohol and an AR is not conducted, a CO may administer a remedial measure in accordance with DAOD 5019-4, Remedial Measures.

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8. Treatment and Rehabilitation

General

8.1 The chain of command is responsible for ensuring that a CAF member who is believed to be displaying unacceptable alcohol-related conduct or performance is referred to a CAF medical care provider for assessment. A referral is ordered using form DND 2829, Medical Referral and Certification.

8.2 The DGHS is responsible for the assessment, diagnosis, treatment and follow-up of CAF members referred by the chain of command.

8.3 The entitlement to medical care, including treatment and rehabilitation, for members of the Regular Force, the Reserve Force, the Special Force, a force of a North Atlantic Treaty Organization state, or any other military force as directed by the Minister of National Defence, is set out in QR&O article 34.07, Entitlement to Medical Care. The provision of medical care is the responsibility of DGHS.

Responsibilities of CAF Medical Care Providers

8.4 Only a CAF medical care provider or a CAF addictions counsellor may assess, recommend treatment for, and treat alcohol abuse or alcohol dependence.

8.5 A CAF medical care provider shall fully describe and explain to the CO, by appropriate means, any medical employment limitations (MELs) assigned to the CAF member and any time required away from the workplace for medical reasons.

8.6 The CAF member may consent to the disclosure of other information.

8.7 A CAF medical care provider may be required by law in certain circumstances to disclose information about a CAF member to a third party without the consent of the CAF member.

CAF Member Responsibility

8.8 CAF members shall inform their supervisor of any MELs and any time required away from the workplace for medical reasons. The CAF member shall comply with all MELs.

Voluntary Treatment

8.9 A CAF member who is concerned about their alcohol consumption, alcohol abuse or alcohol dependence is encouraged to voluntarily seek medical services assistance.

Treatment Refusal

8.10 Treatment for alcohol abuse or alcohol dependence is voluntary, i.e. a CAF member is not obliged to accept treatment. However, a CAF medical care provider shall document any refusal of treatment on the CAF member's medical file and shall fully describe and explain to the CO, by appropriate means, any continuing MELs assigned to the CAF member and any time required away from the workplace for medical reasons.

8.11 Refusing treatment for alcohol abuse or alcohol dependence does not preclude:

  1. the CO making another mandatory referral for medical assessment at a later date; or
  2. the CAF member volunteering for assessment or treatment at a later date.

Treatment After Release

8.12 A CAF medical care provider may assist a CAF member in identifying opportunities for treatment after release.

8.13 Any costs for treatment after release are the responsibility of the released CAF member.

9. Responsibilities

Responsibility Table

9.1 The following table identifies responsibilities under this DAOD:

The ...is or are responsible for ...

CAF Recruiting Group

  • informing applicants for enrolment or re-enrolment in the CAF of the policy on alcohol misconduct and conduct deficiency involving alcohol.

Canadian Defence Academy

  • ensuring that education on alcohol misconduct and conduct deficiency involving alcohol is set out in the officer and non-commissioned member general specifications.

training authorities and designated training authorities as identified in CF Mil Pers Inst 02/07, Authority and Management Framework – Military Employment Structure (MES)

  • informing CAF members during recruit and basic officer training and leadership courses of the policy on alcohol misconduct and conduct deficiency involving alcohol as set out in this DAOD and any other applicable publication.
DGHS
  • providing education under the Health Promotion Program on healthy alcohol consumption; and
  • providing resources, if appropriate and an entitlement exists, for assessment, diagnosis, treatment and follow-up.
CF Provost Marshal
  • providing DMCA with all military police and CFNIS investigation reports relating to alcohol misconduct.
DMCA
  • conducting ARs in respect of alcohol misconduct and conduct deficiencies involving alcohol, if appropriate; and
  • informing COs and CAF members through the chain of command of:
    • AR decisions by approving authorities;
    • the reasons for the decisions; and
    • actions to be taken.
CO
  • taking action as set out in the Process for Alcohol Misconduct and the Process for Conduct Deficiency Involving Alcohol maps; and
  • notifying the CAF member and implementing any administrative action imposed by an approving authority as a result of an AR.
CAF medical care provider
  • assessing the CAF member;
  • making the appropriate diagnosis;
  • recommending treatment;
  • establishing a treatment schedule;
  • documenting any refusal of treatment;
  • advising the CO of any MELs of the CAF member; and
  • informing the CO of anticipated absences of the CAF member from the workplace.

10. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other References

  • Canadian Human Rights Act
  • Criminal Code
  • National Defence Act
  • QR&O article 5.01, General Responsibilities of Non-Commissioned Members
  • QR&O article 19.04, Intoxicants
  • QR&O article 19.56, Report of Arrest by Civil Authority
  • QR&O article 19.61, Certificate of Conviction
  • QR&O article 19.62, Action Following Conviction by Civil Authority
  • QR&O article 34.07, Entitlement to Medical Care
  • QR&O article 101.08, Relief from Performance of Military Duty - Pre and Post Trial
  • DAOD 5019-2, Administrative Review
  • DAOD 5019-4, Remedial Measures
  • DAOD 7002-3, Investigative Matters and References
  • CFAO 34-56, Mental Disorders
  • ADM(HR-Mil) Instruction 04/05, Health Promotion Program Implementation
  • CF Mil Pers Inst 02/07, Authority and Management Framework – Military Employment Structure (MES)
  • CDS Guidance to Commanding Officers
  • Form DND 2829, Medical Referral and Certification
  • Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (Text Revision), American Psychiatric Association