DAOD 5516-0, Human Rights

1. Introduction

Date of Issue: 2013-02-22

Application: This DAOD is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).

Supersession:

  • CFAO 19-40, Human Rights – Discrimination
  • CPAO 2.02, Human Rights – Discrimination

Approval Authorities:

  • Assistant Deputy Minister (Human Resources – Civilian) (ADM(HR-Civ))
  • Chief of Military Personnel (CMP)

Enquiries:

  • Director Civilian Labour Relations (DCLR)
  • Director Human Rights and Diversity (DHRD)

2. Policy Direction

Context

2.1 The Canadian Human Rights Act (CHRA) gives effect in law to the principle of equal opportunity and prohibits discriminatory practices based on any of the following prohibited grounds of discrimination set out in section 3 of the CHRA:

  1. race;
  2. national or ethnic origin;
  3. colour;
  4. religion;
  5. age;
  6. sex (including pregnancy and childbirth);
  7. sexual orientation;
  8. marital status;
  9. family status;
  10. disability (mental or physical); and
  11. conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

2.2 A "discriminatory practice" for purposes of the CHRA and the DAOD 5516 series is any discriminatory practice prohibited under sections 5 to 14.1 of the CHRA. Subsection 15(1) of the CHRA sets out practices which are not discriminatory practices under the CHRA.

Policy Statement

2.3 The DND and the CAF are committed to:

  1. ensuring that DND employees and CAF members, and other persons dealing with the DND and the CAF, are treated fairly, respectfully and with dignity;
  2. providing a workplace for DND employees and CAF members that is free from discriminatory practices; and
  3. respecting the rights of DND employees, CAF members, and other persons dealing with the DND and the CAF, that are protected under the CHRA.

Requirements

2.4 The DND and the CAF must:

  1. promote the principles of the CHRA;
  2. inform DND employees and CAF members of their rights and obligations under the CHRA, and of behaviour that constitutes a discriminatory practice;
  3. provide leaders, managers and supervisors with guidance and support to enable them to carry out their responsibilities in preventing discriminatory practices and resolving conflicts;
  4. establish complaint resolution processes; and
  5. monitor the effectiveness of this DAOD and DAOD 5516-1, Human Rights Complaints.

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3. Authorities

Authority Table

3.1 The following table identifies the authorities associated with this DAOD:

The …has the authority to …

ADM(HR-Civ)

approve human rights policies and procedures for DND employees.

CMP

approve human rights policies and procedures for CAF members.

 

4. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other References

  • DAOD 5003-0, Restrictions on Duty and Individual Limitations
  • DAOD 5012-0, Harassment Prevention and Resolution
  • DAOD 5015-0, Workplace Accommodation
  • DAOD 5016-0, Standards of Civilian Conduct and Discipline
  • DAOD 5019-0, Conduct and Performance Deficiencies
  • DAOD 5026-0, Civilian Grievances
  • DAOD 5516-1, Human Rights Complaints
  • Guidelines for Civilian Discipline
  • Guidelines for Civilian Grievances
  • Workplace Accommodation – Guidelines
  • A-PM-007-000/FP-001, Harassment Prevention and Resolution Guidelines
  • Defence Ethics Programme