External Review on Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces

Scope of Work

Mme Marie Deschamps will independently conduct the External Review and deliver a report to the Chief of the Defence Staff. Mme Deschamps will consider and make recommendations concerning:

  • CAF policies, procedures and programs in relation to sexual misconduct and sexual harassment.
  • The definition of “sexual misconduct” and “sexual harassment” as provided for in the Defence Administrative Order and Directives.
  • The training CAF members receive in relation to sexual misconduct and sexual harassment.
  • The extent to which CAF members report alleged incidents of sexual misconduct or sexual harassment and if applicable, any reasons why reporting may not occur, including the role of military culture and the chain of command as it relates to the reporting of incidents.
  • Any other matter that Mme Deschamps considers relevant in assisting the CAF to strengthen the prevention of incidents of sexual misconduct and sexual harassment.

Over the course of the contract, Mme Deschamps will complete a comprehensive review of CAF policies, procedures and programs related to sexual misconduct and sexual harassment, will conduct onsite interviews with CAF members, subject matter experts, and stakeholders outside of the CAF, and is scheduled to provide a final report to the Chief of the Defence Staff, complete with recommendations, by Spring 2015.

Mme Deschamps will receive the full cooperation of the CAF and the DND and will have direct access to CAF members, facilities and documents as she wishes. She will also be available to CAF members that wish to contact her directly.

Limitations to the Scope of Work

The scope of work for the External Review does not include:

  • The review of any decision relating to the military or criminal justice system including: a decision by a military judge in the performance of his or her judicial duties, a decision of a court martial or summary trial, or a decision made to investigate complaints, lay charges, proceed with charges or prosecute charges.
  • Legal advice received by the DND or the CAF in relation to any matter or any proceedings.
  • Professional conduct and professional standards under the jurisdiction of the Bar Society of province.
  • Conduct of military police that may be the subject of a complaint under Part IV of the National Defence Act.
  • Any matter related to the Judge Advocate General (JAG) in respect of his superintendence of the administration of military justice in the CAF.

Reviewer’s Biography

The Honorable Marie Deschamps received a Licentiate in Laws from the Université de Montréal in 1974 and an LL. M. from McGill University in 1983. The Université de Montréal awarded her an honorary doctorate in 2008; she received from the Law School of McGill University the F. R. Scott award for distinguished service in 2013. She was appointed Companion of the Order of Canada in 2013. She was called to the Quebec Bar in 1975 and practiced as a litigator at Martineau Walker and Sylvestre et Matte in family, civil and commercial law, then at Rouleau, Rumanek et Sirois in criminal law and finally at Byers Casgrain in civil and commercial law.

She was appointed judge to the Quebec Superior Court in 1990, to the Court of Appeal in 1992 and to the Supreme Court in 2002. She retired from the judiciary in August 2012. She has been an adjunct professor at the law schools of University of Sherbrooke since 2006, and of McGill University since 2012. She continues to serve as member of a number of committees and boards of directors, including Gaz Metro inc., Éducaloi and Pro Bono Canada. She rejoined the Quebec Bar in 2013. She is regularly invited to give lectures and conferences to various audiences, mostly on constitutional and commercial law and on governance and ethics.

How to contact the Reviewer

All current and former CAF members who wish to get in touch with the Reviewer are encouraged to do so via email at forces@review-examen.com.

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