Canadian Military Abolishes ‘Sexual Misconduct’ Definition, Aligns With Criminal Code

National Defence Minister Bill Blair delivers a keynote address at the Canadian Association of Defence and Security Industries annual defence industry trade show CANSEC in Ottawa on May 29, 2024. The Canadian Press/Sean Kilpatrick

Defence Minister Bill Blair says the Canadian Armed Forces (CAF) will be doing away with its definition of “sexual misconduct” as part of a broader effort to effect culture change in the military.

The offence is being replaced with the new terms “conduct deficiencies of a sexual nature,” “harassment of a sexual nature,” and “crimes of a sexual nature.”

“Sexual assault” will also be included in policies as a standalone definition and refer to the Criminal Code as the applicable law.

“Today’s steps reaffirm our commitment to meaningful culture change,” said Mr. Blair in a June 27 statement.

The change comes in response to recommendations formulated by former Supreme Court Justice Louise Arbour in her 2022 report.

Ms. Arbour had been commissioned to review the issue of harassment and sexual misconduct in the CAF.

“There is no value to including sexual assault as one part of ’sexual misconduct,' an umbrella term that has only caused enduring confusion,” she wrote in the report.

Ms. Arbour had also recommended to repeal the regulations pertaining to the “Duty to Report” sexual misconduct allegations, saying it created the unintended consequence of victims losing their agency and control in the reporting process.

Mr. Blair announced the repeal will come into force on June 30.

Along with changing internal policies with regards to what had been dubbed “sexual misconduct” until now, the Liberal government introduced legislation this spring to change how these offences are tried.

Mr. Blair introduced Bill C-66 in March, seeking to remove the court martial’s jurisdiction to try alleged sexual offences under the Criminal Code. The legislation also seeks to strip the CAF’s authority to investigate these alleged offences. These intended changes also follow recommendations from Mr. Arbour.

“Through these measures and our ongoing efforts, we will build a diverse, inclusive, and supportive institution that can attract and retain talented people across our country,” Mr. Blair said in announcing the legislation.

The defence minister’s June 27 statement also mentions the new release of a plan detailing how to implement recommendations from three other external reviews on topics like the National Defence Act or “systemic racism and discrimination.”

Other initiatives to overhaul the military includes the current implementation of the new Culture Evolution Strategy, as The Epoch Times first reported this week from internal records released via access-to-information.

The strategy deems “colonialism,” “patriarchy,” and “heteronormativity” as cultural problems in the CAF.

Top defence leaders have expressed concerns about the strategy over its “negative tone” and how it can apply to a war-fighting force.

“We heard from many of you that there are concerns about how culture evolution will be received,” wrote the CAF’s chief of professional conduct and culture in a September email to defence leaders to introduce the strategy.