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This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

Purpose of this Document


This document is written primarily for cadets experiencing difficulties with a decision, act, omission or policy in the Canadian Cadet Organizations (CCO). It is intended to empower young people in the CCO to positively deal with difficulties they face through the channels currently available to them. This documents secondary audiences are Officers, Civilian Instructors, members of the Leagues, parents and other participants in the CCO. It is hoped that these groups will also take an interest in the information presented in this document, work to understand it, and share it with cadets. It is incumbent on these groups to attempt to provide truthful, straightforward and accurate guidance to cadets who are experiencing difficulties in the CCO. This document is intended for informational purposes only. Although at the time of writing, this document should be fully up-to-date, there may be policy specifics which play into each situation, and this document should only be taken as general guidance. If legal advice is required, seek out the counsel of a lawyer. We do hope that this document will provide help to cadets that need it, as well as education and information to the secondary audiences. Thank you for taking the time to learn more about the resolution processes available to cadets. ~ The team at Can Cadets Write Grievances? June 2013

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

1.

What is a grievance?

A grievance is part of a formal process for Canadian Armed Forces (CAF) members. CAF members are entitled to use the grievance process to express displeasure with a decision by a superior. The process can also be used to express disagreement with Department of National Defence or Canadian Armed Forces policy. A grievance is an administrative legal process for Canadian Armed Forces members. The grievance policy gives CAF members six months

Initial Action
The Reason for the Grievance Member has a 6-month time limit from an event taking place to submit a grievance.

60 Days Following Submission


Time limit after submission of a grievance for the initial authority to give a decision.

90 Days After Decision


Time limit after a person receives the initial authority decision. They decide if they want a second opinion and if yes, submit to the "final authority" (the CDS).

Unlimited
Time limit for the final authority to give a decision. The final authority is the office of the CDS.

If the member is dissatisfied with the decision of the CDS, they may contact the Ombudsman now or at any point in the process. They may also choose to go to the Federal Court of Canada.

from the time a problem arises to submit a grievance in writing to an initial authority. Policy requires an initial decision within sixty days of submission from the initial authority (usually a Commanding Officer, typically at the rank of Lieutenant Colonel). If the person who writes the grievance is not satisfied by the response from the initial authority, they can forward their grievance to the final authority for a second opinion within ninety days from receiving the initial authoritys decision. The final authority for Canadian Armed Forces grievances is the office of the Chief of Defence Staff (CDS). All grievances that are submitted to the final
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

authority are also reviewed by the Director General Canadian Armed Forces Grievance Authority (DGCAFGA). A CAF member may not be satisfied with the decision of the Chief of Defence Staff. If they are not satisfied, they have the option of escalating the issue to the Department of National Defence / Canadian Armed Forces Ombudsman, or taking the matter to the Federal Court of Canada, usually with assistance from a lawyer. The grievance process is a well-defined, multi-step process with the purpose of providing independent, impartial and fair resolution of CAF members problems. The process is designed to prevent conflicts of interest, and allow a procedurally fair review of flawed decisions, improper acts, unfairness, abuse of authority, harassment or omissions by CAF members superiors. In addition to the grievance process, CAF members may also make use of a separate harassment complaint and investigation process. *See the end of this document to find more information about many of the organizations discussed in the section above.

2.

Can Cadets submit grievances?

Cadets cannot submit grievances. No formal process exists for grievances or other requests for review of a decision, omission, act or policy written by cadets. Some corps and squadrons across Canada have invented processes, but no national process exists.

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

If that is the case, what can cadets do if they are hurt by a decision, act, omission or a policy?
3.
Cadets, parents, Civilian Cadets are civilians. Because cadets are Instructors and members of the civilian Canadian citizens, they are Leagues may submit a Letter permitted to directly contact elected Requesting Review (LRR) to the officials in cases where they have been Minister of National Defence. Like treated unfairly by leaders. the groups listed above, cadets are civilians. Because cadets are Canadian citizens, they are permitted to directly contact elected officials in cases where they have been treated unfairly within the cadet program. They cannot be punished for doing so, as such punishment would violate s. 2(b) of the Canadian Charter of Rights and Freedoms, in addition to violating fundamental principles of democracy.

Why might a cadet need to submit a Letter Requesting Review (LRR) to the Minister of National Defence?
4.
Like CAF members who must resort to the grievance process, Cadets can be treated unfairly or poorly by adult staff, acting as agents of the Federal Government in their role as CAF cadet officers. Cadets can also disagree with policies in the cadet program. It is important that cadets have access to a process for oversight of decisions made by adult staff or regional bureaucrats. Cadets invest significant personal time, energy and effort toward summer training courses, promotions and awards. Selection of cadets for these limited resources must be done in a procedurally fair way. This idea of procedural fairness translates to decision-makers being
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

able to fully explain how a particular decision was made, and the decision being made in a legally reasonable way. Put simply, if you are not selected for something and another cadet is the officer who makes the decision should be able to tell you why, and the why should make sense to a reasonable person. Because I said so is not a sufficient response. Cadets also have electronic and paper files created by officers that contain personal information, course reports, records of discipline, training documents and a number of other pieces of information. If a cadet ever applies to join the Canadian Armed Forces after quitting cadets, this file may be requested from the cadets former corps or squadron. This is why it is important to ensure that records This idea of procedural fairness translates to of matters like discipline, training decision-makers being able to fully explain how and performance accurately a particular decision was made, and the demonstrate a cadets attributes. For decision being made in a legally reasonable way. Put simply, if you are not selected for example, if a cadet is Returned to something and another cadet is the officer Unit for disciplinary reasons, a who makes the decision should be able to tell Canadian Armed Forces recruiting you why, and the why should make sense to a reasonable person. centre may question the reason. It is important that records are accurate, and any negative placements on a cadets file are done in a procedurally fair way that follows cadet policy, the best interests of the youth involved, Canadian law, and the Defence Ethics Programme. There are a number of reasons why cadets may need to submit a Letter Requesting Review (LRR) to the Minister of National Defence. The following section does not list every reason that a cadet may need to submit a Letter Requesting Review (LRR). However, some examples of possible situations include: A less deserving cadet was selected for the Air Cadet Flying Scholarship.

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

An officer is refusing to promote me and wont tell me why or give me a valid reason. Negative comments were written on my course report that dont reflect my performance. I didnt get selected for an exchange. A cadet that did get selected is less qualified than me. A first year staff cadet was given a senior position over me and officers couldnt tell me why. I was a returning staff cadet with more courses and experience. Unfairness at a biathlon or Discrimination on the basis of a prohibited marksmanship competition ground under the Charter of Rights and Freedoms, Canadian Human Rights Act or stopped me from going to provincial Human Rights legislation is a nationals. violation of Canadian law. For more A less experienced or less information on Canadian Human Rights Commissions, see the help section at the end of qualified cadet was given a this document. medal over me. I was returned to unit (RTUd) from summer training and disagree with the reasons. I was kicked out of cadets for an unfair reason. I was questioned or charged by the military or civilian police at summer camp, and officers didnt help me or tell my parents. I was treated like a prisoner, confined to barracks and Returned to Unit. I am an Aboriginal male cadet and was told I was required to cut my hair in order to remain in the program. I am being discriminated against because I am gay / lesbian / bisexual / transgender. I was told to step down from my position or take time off as a cadet because I got pregnant. I was told I could no longer be a cadet because I was charged with a low-level offence (non-sexual/non-violent). Aboriginal cadets or visible minorities seem to be chronically overlooked for promotions and awards.
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

The child of our Sponsoring Committee chairperson or CO unfairly receives rewards over me. I experienced an abuse of authority or abuse of power situation at summer camp or at my corps / squadron. I was told I needed to remove religious dress, or I was told I needed to remove my religious dress in order to participate in an activity. I was told I needed to take time between being a cadet and becoming a cadet officer, I believe this is discriminatory on the basis of age. I experienced abuse or harassment at the hands of cadet leaders. I was bullied by other cadets and nothing was done by leaders to stop it. I was told I was not able to participate in an activity, attend a course or be a member of cadets because of a physical, psychological or mental illness or disability.

Should I follow the chain of command and try to solve my problem at lower levels first?
5.
It is often a good idea for cadets to attempt to solve problems at lower levels before submitting a Letter Requesting Review (LRR) to the Minister of National Defence. This usually means attempting to have a discussion with your Commanding Officer explaining your problem and what you would like to see fixed. As Canadian Armed Forces members, who technically hold a commission in the military, cadet officers are required to make procedurally fair decisions that respect fairness and the rule of law.* If a cadet is treated unfairly; or a cadet is not selected for an award, promotion or other reward, the Commanding Officer should be able to
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

explain the reason why, and the explanation should be reasonable. If they are not able to explain it, or a cadet is not satisfied with the response, a cadet or their parent always has the right to submit a Letter Requesting Review (LRR) to the Minister of National Defence. Some issues are not addressed effectively at lower levels of the organization. In many situations for example, it is unhelpful (due to regional barriers and red tape), for cadets to take issues from summer training centres to their Commanding Officers. Often regional jurisdictions, impediments to communication, a lack of effective oversight and other barriers prevent a proper resolution of cadets problems. It is ultimately the decision of the cadet, but a Letter Requesting Review (LRR) is one option which allows for a procedurally fair, unbiased process of review for any decision which has a significant negative impact on a cadet. *For more on the Canadian Armed Forces approach to administrative law, please see CAFP A-LG-007-000/AF-010 the Military Administrative Law Manual.

I am worried about being punished for speaking up about my problem.


6.
It is always your decision as to whether or not you want to submit a Letter Requesting Review (LRR) to the office of the Minister of National Defence. You should be aware that as a civilian citizen, you always have the right to go to any elected official in Canada to discuss your concerns. Because the cadet program falls under the Minister of National Defence, a Letter Requesting Review (LRR) is best handled by the Ministers office, Subsection 29(4) of the National Defence Act prohibits a CAF member but there is nothing preventing your from being penalized or punished for contacting any federal Member of exercising their right to submit a Parliament, and you cannot be grievance. punished by the cadet program for taking this step. Cadets are civilian
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

Canadian citizens, and have the right to speak directly to elected officials about any concerns. You may be interested to know that subsection 29(4) of the National Defence Act prohibits a CAF member from being penalized or punished for exercising the right to submit a grievance. The CAF and Canadian Government recognize the importance of an independent, impartial and procedurally fair process for the handling of grievances. You may also be interested to know that under CAF policy, an initial authority must provide an assisting officer if a person requests one when writing a grievance or going through the grievance process. Cadets do not have the benefit of an assisting officer.

Why isnt there a formal policy process similar to the Canadian Armed Forces grievance process for cadets and Civilian Instructors? Dont these groups need some form of rights-based protection and assistance at times?
7.
We cannot speculate on reasons for the lack of a current process for cadet grievances. Cadets compete for positions on expensive and prestigious courses, expeditions, deployments and exchanges around the world. Additionally, Canadian cadets frequently work to attain promotion and advancement within the cadet organization by putting in significant hours and substantial levels of work and dedication (on par with employment hours). Disappointing, troubling and patently unfair situations often arise, where cadets do not know where to turn, or how to get a real answer beyond suck it up.

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

When cadets are treated in a procedurally unfair way within the program, they have the ability to speak directly to any elected official and cannot be punished for doing so. The Canadian Cadet Organizations are subject to all government-wide policies, the standards of review that the Courts have applied to government organizations, and the Canadian Charter of Rights and Freedoms.

How do I write a Letter Requesting Review (LRR) to the Minister of National Defence?
8.
A Letter Requesting Review (LRR) should contain enough detail to tell someone who doesnt know about the cadet program what happened and why it was a problem for you. It should tell the staff at the office of the Minister of National Defence what needs to be fixed. You should say how you experienced a loss, and what you would like to see done to fix that loss. The requested resolution can include one thing, or a number of different things, including a statement acknowledging wrongdoing or an apology. For example: A less deserving cadet was selected for the Air Cadet Flying Scholarship. o Possible requested remedy: I want to be guaranteed a spot for the Air Cadet Flying Scholarship for the upcoming summer. An officer is refusing to promote me and wont tell me why. o Possible requested remedy: I would like to be promoted, and for the Commanding Officer to be ordered to practice procedural fairness in selecting cadets for promotion in the future.

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

I am an Aboriginal male cadet and was told I was required to cut my hair in order to remain in the program. o Possible requested remedy: I would like this situation investigated and the Commanding Officer be told to reasonably accommodate cultural variances. (Note: A cadet and CAF policy exists for Aboriginal male cadets Represent your position professionally. who wish to wear their Clearly explain the problem and how hair long for cultural you would like to see the situation reasons. If you believe fixed. you have been discriminated against on the basis of race or ethnicity, you may wish to contact the Canadian Human Rights Commission or a provincial/territorial Human Rights tribunal). I didnt get selected for an exchange. A cadet that did get selected is less qualified than me. o Possible remedy requested: I request to be selected for an exchange during the upcoming summer. A first year staff cadet was given a senior position over me and officers couldnt tell me why. I was a returning staff cadet with more courses and experience. o Possible remedy requested: I request back pay for a higher ranked staff cadet position for the summer. Unfairness at a competition stopped me from going to nationals. o Possible remedy requested: I request a spot at nationals during the upcoming competition.

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

I was told I needed to remove religious dress or could not participate in an activity due to my religious dress. o Possible remedy requested: I request this matter be investigated. (Note: the cadet organizations are required to reasonably accommodate religious dress under Canadian Human Rights legislation, including the Charter. The current cadet dress policy also allows certain forms of religious dress. If you feel you have experienced discrimination on the basis of religion, you may wish to contact the Canadian Human Rights Commission or a provincial / territorial Human Rights tribunal). I was questioned or charged by the military or civilian police at summer camp, and officers didnt help me or immediately tell my parents. I was treated like a prisoner, confined to barracks and Returned to Unit. o Possible remedy requested: I request the policy be reviewed and a policy be created for cadets who are charged or questioned by police when away from home under the care of cadet officers. (Note: if you were confined to barracks you may have a civil claim available for false imprisonment depending on the severity of the circumstances. Include details in your LRR to the Minister of National Defence.) A less experienced or less qualified cadet was given a medal over me. o Possible remedy requested: I request that the process for selection be reviewed, and if found to be improperly carried out, I be awarded a medal.

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

I was returned to unit (RTUd) from summer training and disagree with the reasons. o Possible remedy requested: I request that the RTU be struck from my record and I be given a pass for the course, badge and certificate of qualification. I was kicked out of cadets for an unfair reason. o Possible remedy requested: I request that the reasons for my dismissal be reviewed and if found to be improper, I be reenrolled at the rank of ______. Aboriginal cadets or minorities seem to be chronically overlooked for promotions and awards in my corps or squadron. o Possible remedy requested: I request that the cadet program collects statistics on economic, racial, ethnic and other factors when cadets join to determine if the cadet program recruits minorities and youth from disadvantaged economic backgrounds and designated minority groups. I request an investigation of these concerns at my corps / squadron. (Note: the cadet program does not currently collect statistics on ethnicity, income or other factors to ensure the cadet program is representative of the Canadian population.) I am being discriminated against because I am gay / lesbian / bisexual / transgender. o Possible remedy requested: I request an investigation. (Note: you can also contact the Canadian Human Rights Commission or a provincial / territorial Human Rights Commission if the discrimination is based on prohibited grounds other than and including those listed).

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

I was told to step down from my position or take time off as a cadet because I got pregnant. o Possible remedy requested: I ask that an investigation take place. (Note: you can also contact the Canadian Human Rights Commission or a provincial / territorial Human Rights Commission if you are discriminated against on the basis of pregnancy. This is included under sex or gender discrimination in Canada.) I was told I could no longer be a cadet because I was charged with a low-level offence (non-sexual/non-violent). o Possible remedy requested: I request that this matter be investigated. (Note: there is currently no national policy regarding cadets who have been charged with offences. Some regions have made up their own policies on this matter.) The child of our Sponsoring Committee chairperson or CO unfairly receives rewards over me. o Possible remedy requested: I ask that an investigation take place and if found to be warranted, I am promoted etc. as appropriate. I experienced an abuse of authority or abuse of power situation at summer camp or at my corps / squadron. o Possible remedy requested: I ask that an investigation be conducted into the behaviour of this officer or officers. I was told I needed to take time between being a cadet and becoming an officer, I believe this is discriminatory on the basis of age. o Possible remedy requested: I request that this decision be reviewed. If I am an appropriate candidate for the Cadet
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

Instructors Cadre (excepting my age), I ask that the CO be directed to recommend my enrolment. (Note: If you believe you are being discriminated against on the basis of age, you can also contact the Canadian Human Rights Commission. Discrimination on the basis of age is illegal under Canadian law.) I experienced abuse or harassment at the hands of cadet leaders. o Possible remedy requested: I ask that an investigation into this matter be conducted. (Note: if you experience suspected abuse at the hands of a cadet leader, you are encouraged to contact the military or civilian police closest to you.) I was bullied by other cadets and nothing was done by leaders to stop it. o Possible remedy requested: I ask that an investigation into this matter be conducted. (Note: if the bullying is criminal harassment, you are encouraged to contact the military or civilian police closest to you.) I was told I was not able to participate in an activity, attend a course or be a member of cadets because of a physical, psychological or mental illness or disability. o Possible remedy requested: I ask that an investigation into this matter be conducted. (Note: the cadet program and all government agencies are required to reasonably accommodate physical, psychological or mental illnesses or disabilities under Canadian human rights legislation. You are encouraged to contact the Canadian Human Rights Commission.)

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

A General Note on Writing a Letter Requesting Review (LRR) to the Minister of National Defence When writing, be respectful, assertive and represent your position professionally. It is much easier for someone to understand your point of view if it is fully explained in a neutral emotional tone (although this is sometimes easier said than done). It is a good idea to have someone you trust review your Letter Requesting Review (LRR) prior to sending it to the office of the Minister. Ask that person to pay attention to the tone of the Letter Requesting Review (LRR). Avoid the urge to mud-sling. Focus on the problem rather than the people involved. If you are involved in a situation that starts to go downhill, be sure to keep a detailed log of dates, times, meetings and interactions (like phone calls, emails, etc.) related to your problem. Remember that the office of the Minister of National Defence receives hundreds of pieces of mail per day. Although they will take time to carefully review your Letter Requesting Review (LRR ), the contents of the letter will likely be forwarded back to your cadet region headquarters for investigation, then the cadet region will forward their findings back to the office of the Minister of National Defence for final review and determination. It is worth repeating when writing, be respectful, assertive and represent your position professionally.

How do I structure a Letter Requesting Review (LRR)?


9.
There is no set format for how you should write a Letter Requesting Review (LRR) to the Minister of National Defence. Some will be lengthy, some will be short. Do not get too concerned about using a specific format; simply remember it is important that a person with little or no knowledge of the cadet program can read your Letter Requesting Review (LRR) and
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

have a basic understanding of the problem and what you want to make it right. Write as clearly as you can, and include as much information as is required to get your story across. A good basic structure is the following:

Be respectful, assertive and represent your position professionally. It is much easier for someone to understand your point of view if it is fully explained in a neutral emotional tone.

i. A brief description of the decision, act or omission that is the subject of the Letter Requesting Review (LRR), including all supporting facts known to the cadet; ii. A request for determination (adjudication) and a clear statement of the full redress sought (what the cadet wants to make things right); and iii. A copy of any substantiating documents (related proof) in the matter. [For example, a Letter Requesting Review (LRR) regarding a course report could be forwarded along with a copy of the course report.] A different possible way to structure a Letter Requesting Review (LRR) to the Minister of National Defence is the following. You can use the headings as they appear below to separate your document into five sections: facts, issues, policy & analysis, conclusions and resolution. 1. Facts - What happened? Be specific with dates, names and place the events in a clear timeline from oldest to most recent. Tell the complete story, for example if you describe something as unfair remember to explain fully why and how the action was unfair. 2. Issues This is where you can clearly list the major things that are problems arising from your situation. (Remember, you can also discuss how policy and regulations are unfair or applied in unfair ways.) For example:

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

a. Was my misbehaviour serious enough to cause my being RTUd? b. Does the fact that I was never counselled on the problems with my performance make my course report unfair and invalid? c. Was the behaviour of this Officer an abuse of authority or an abuse of power within the normal meaning of that term? d. Was the promotion of a less qualified cadet procedurally unfair in these circumstances? e. Were the rules applied unfairly to me during this competition, preventing my advancement to nationals? f. Should I be automatically released or suspended from the cadet program under policy after being charged with a low-level offence? g. Am I required to take time off from my position at cadets because I got pregnant? 3. Policy and Analysis This section is optional. In it, you may wish to discuss CATOs (Cadet Administrative and Training Orders), Canadian law or any other lower level policy or There is no one definition for procedural fairness. However, it is generally accepted that regulation, including your in order to be fair in a legal sense, the common corps or squadrons standing law rules of natural justice, freedom from bias orders. This section discusses on the part of the decision maker and a meaningful and informed participation by the how policy applies to your person in the proceedings, must be followed facts and issues in the throughout the process. situation. For instance, if you The principles associated with procedural were disciplined by being fairness can include: the right to counsel, kicked out of cadets or kicked adequate notice, release of information, the out of a position, you could ability to make submissions, evidentiary standards and providing reasons for decisions discuss the CATO on cadet that are made. discipline and how it relates to - Excerpt from Canadian Armed Forces your facts.
Publication B-GG-005-027/AF-011
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

4. Conclusions In this section you should clearly conclude how what happened is unfair or not in line with law, policy, regulations or not in line with more vague concepts like procedural fairness. In this section, you should give your conclusive answer to the questions you posed in the issues section earlier in your Letter Requesting Review (LRR). 5. Resolution (Relief Requested) This section should contain a clear statement of what you want the Minister of National Defence to do in order to make things right.

10. Why should I submit a Letter

Requesting Review (LRR) to the Minister of National Defence?


You should do what you feel Leadership, bad decision-making and is right for you in the circumstances. poor policy will not change unless Remember that leadership, bad people are willing to speak out against decision-making and poor policy it. Raising concerns about the cadet organization is something we should will not change unless people are not be afraid to do. In fact, it is a willing to speak out against it. If you positive process for the cadet program have problems that are not which results in a better organization addressed by the chain of command for everyone involved. Leaders think for themselves and provide critique. within the cadet program, you should not be afraid of using your power as a civilian Canadian citizen to draw attention to problems, and make the cadet program better for all the young people and adults who are involved. Raising concerns about the cadet organization is something we should not be afraid to do. In fact, it is a positive process for the cadet program which results in a better organization for everyone involved. Leaders think for themselves and provide critique.
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

11. Where can I get more information or

help with my problem?


Dealing with tough situations in the cadet program can be extremely stressful and difficult. You may feel helpless, abandoned, angry, fearful, depressed or upset. Remember to remain calm, mentally strong and focussed on finding a solution. If you ever need help or guidance, talk to a trusted adult or a friend about the difficulties you are facing. Remember that finding long-term solutions is a marathon, not a sprint. It may take several months to get to the point where you feel your issue has been resolved and your voice has been heard. Be patient and stay on the right path in solving your problems in a positive way. There are a number of places where you can get help if you are having a problem, need advice or are looking for general information. Websites for the offices listed below are easy to find using any major search engine: Office of the Minister of National Defence This is the best place to send a Letter Requesting Review (LRR) related to the cadet program. You can also email or telephone, depending on the complexity of your problem. o Letters can be mailed, no postage required to: The Minister of National Defence Parliament of Canada House of Commons Ottawa, Ontario K1A 0A6 Phone: 1-866-599-4999 (You will reach an operator, ask for the office of the Minister of National Defence.)

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

Canadian Forces Whistleblowing, Submit a Disclosure of Wrongdoing - The term "whistleblowing" refers to the act of calling attention to a questionable or illicit activity in an attempt to have it brought to an end. There is a form available on line to disclose wrongdoing within the CAF / DND. Search Canadian Forces Whistleblowing Disclosure Form on any major search engine. Within the Department of National Defence (DND), the term whistleblowing is referred to as a "disclosure of wrongdoing." When a Canadian Armed Forces (CAF) member or DND employee becomes aware of wrongdoing, they have a responsibility to report that wrongdoing. Public servants can submit a disclosure under the Public Servants Disclosure Protection Act (PSDPA), while CAF members can submit a disclosure using the Canadian Forces Disclosure Process. The National Defence and Canadian Armed Forces Ombudsman The Office of the Ombudsman was created in 1998 to increase openness and transparency in the Canadian Armed Forces and the Department of National Defence, and to ensure the fair treatment of concerns raised by CAF members, departmental employees and their families. This office also receives complaints related to the cadet organizations. There is an online form on the Ombudsmans website to submit complaints. The Ombudsman helps members of the Defence community navigate a large and complex organization in order to access existing channels of assistance or redress when they have a complaint or concern. The office is also responsible for reviewing and investigating concerns and complaints from current and former CAF members, cadets, departmental employees and their immediate family members who believe that they have been treated improperly or unfairly by the Department of National Defence or the CAF.

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

o The office of the DND / CAF Ombudsman also has a toll free telephone number you can call to get guidance or help with a course of action for your problem: 1-888-828-3626. Director General Canadian Forces Grievance Authority (DGCFGA) This website contains a number of resources for preparing a Letter Requesting Review (LRR). It includes resources for grievance writing that are applicable and useful to the writing process for a Letter Requesting Review (LRR). You can also visit their website to learn more about the CAF grievance process. Kids Help Phone - 1-800-668-6868. Canada's only toll-free, 24-hour, bilingual and anonymous phone counselling, web counselling and referral service for children and youth. Every day, professional counsellors provide support to young people across the country. The service is completely anonymous and confidential they don't trace calls, they don't have call display. You don't even have to tell them your name if you don't want to. This phone call can help with any emotional or difficult conflict situations, or if you just need someone to talk to. Military or Civilian Police If your situation involves suspected criminal harassment, abuse, or other illegal acts it is okay to consult your local civilian or military police for assistance or help. Provincial Members of the Legislative Assembly (MLA) or Federal Members of Parliament (MP) Politicians are your representatives in government and will often be able to provide assistance, advocacy and support with serious problems related to the cadet program. You may want to simply send an additional copy of your Letter Requesting Review (LRR) to the MLA or MP who is responsible for your area of the country. You can contact any politician and cannot
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

be punished for doing so. No postage is required for letters to federal Members of Parliament and federal Senators. Military Grievances External Review Committee (MGERC) formerly the Canadian Forces Grievance Board (CFGB), is an independent administrative tribunal reporting to Parliament through the Minister of National Defence. The MGERC reviews military grievances referred to it pursuant to s. 29 of the National Defence Act and provides findings and recommendations to the Chief of the Defence Staff and the Canadian Armed Forces member who submitted the grievance. Their website contains a searchable registry of all CAF grievances currently being reviewed by the MGERC. Alternative Dispute Resolution: National Defence and the Canadian Armed Forces - Alternative Dispute Resolution (ADR) is the means by which the Defence Team (the Department of National Defence (DND) employees, Canadian Armed Forces (CAF) Regular and Reserve members, and the Canadian Cadet Movement) are provided with the resources to resolve workplace conflicts early, locally and informally. Individuals experiencing conflict are encouraged to consider using ADR as the first recourse for resolving the situation. ADR is provided to the Defence Team through a series of Dispute Resolution Centres (DRCs) that are located at major defence establishments across the country. DRCs are staffed by professional ADR practitioners who provide a number of ADR intervention services, training courses and promotional activities. Telephone numbers and email addresses can be easily located through an internet search. Canadian Human Rights Commission (CHRC) This is the national tribunal that hears cases regarding federal government institutions and their obligations regarding the Canadian Human Rights Act. The
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

majority of cases regarding the cadet program would fall under this tribunal rather than a provincial / territorial body. However, the provincial / territorial human rights tribunal websites are also a useful source of information if you feel you have been discriminated against under one of the grounds listed in legislation (age, gender/sex, marital status, disability, sexual orientation, religion, race/ethnicity, etc). The Privacy Commissioner of Canada If your privacy has been violated in some way related to your complaint regarding the cadet program, you may wish to make a complaint to the Privacy Commissioner of Canada. The Privacy Act sets out the rules for the collection, use and disclosure of personal information by federal government institutions, including the cadet program. The Privacy Act gives individuals the right to see any information the government holds about them (including the information held by the cadet program), and to request corrections. There is an online form to request an investigation available on the Privacy Commissioners website. The Access to Information Act This is a Canadian act providing the right of access to information under the control of a government institution. It declares that government information should be available to the public and that decisions on the disclosure of any government information should always be reviewed independently of government departments. You can request any emails or other documents held by the cadet program containing your name or regarding any other topic you want to find out more about. Remember that disclosure is limited by the Privacy Act, so you cannot request personal information about other Canadian citizens only non-personal information, or information about yourself. You

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

can use an internet search engine to find Canada Access to Information Act Request Form. The Defence Ethics Programme (DEP) This is a is a comprehensive values-based ethics programme put in place to meet the needs of the Department of National Defence and the Canadian Armed Forces at both the individual and the organizational levels. Members are bound to three main principles governing their actions: (1) respect the dignity of all persons, (2) serve Canada before self and (3) obey and support lawful authority. These three principles are organized in descending order of importance. An understanding of the DEP is helpful when writing a LRR to the Minister of National Defence. You may wish to refer to the ethical obligations of the CAF officers who are involved in your case.

12. How can I help a cadet who needs to

submit a Letter Requesting Review (LRR) to the Minister of National Defence?


Raising concerns about difficult issues is often a troubling experience for cadets that can involve deeply personal issues and fear of being perceived as deceptive or insubordinate. The best thing that adult staff and other leaders can do for cadets who are submitting a Letter Requesting Review (LRR) is to provide advice, assistance, advocacy and support. It is also important that adult leaders ensure our cadets are treated with human respect, dignity, fairness, equitability and in a way that generally upholds basic principles of procedural fairness a principle expected in the decision-making and actions of all CAF officers and NCMs, regardless of branch.
This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

Please share!
If you are a cadet, parent, league member, sponsor or adult staff member, you are encouraged to remember this document, download this document and informally share this document with cadets and staff when they need the guidance it contains. Consider posting this document as an unofficial resource on your web page or social media site to tell your cadets and staff that you uphold procedural fairness and will always attempt to make leadership decisions that respect this principle and the rule of law. Thank you for taking the time to read this document and for educating yourself on the conflict resolution processes available to cadets.

This document is unofficial and was prepared by a third party. This document is not intended as legal advice.

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