Can Cadets Write Grievances?

7/30/2019 Can Cadets Write Grievances?

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This document is unofficial and was prepared by a third party.

This document is not intended as legal advice.


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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 toempower young people in the CCO to positively deal with difficulties they face throughthe 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 willalso take an interest in the information presented in this document, work to understandit, and share it with cadets. It is incumbent on these groups to attempt to providetruthful, straightforward and accurate guidance to cadets who are experiencingdifficulties in the CCO.

This document is intended for informational purposes only. Although at the time ofwriting, this document should be fully up-to-date, there may be policy specifics whichplay 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 aseducation and information to the secondary audiences. Thank you for taking the timeto learn more about the resolution processes available to cadets.

~ The team at Can Cadets Write Grievances?June 2013


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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 toexpress 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

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 thegrievance 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

Initial Action

The Reason for theGrievance

Member has a 6-month

time limit from anevent taking place to

submit a grievance.

60 Days

Following

Submission

Time limit aftersubmission of a

grievance for the initial

authority to give a

decision.

90 Days After

DecisionTime limit after a

person receives the

initial authority

decision. They decide if

they want a secondopinion and if yes,

submit to the "final

authority" (the CDS).

Unlimited

Time limit for the final

authority to give adecision. The final

authority is the office ofthe CDS.

If the member is

dissatisfied with the

decision of the CDS, they

may contact theOmbudsman now or at

any point in the process.They may also choose to

go to the Federal Courtof Canada.


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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 escalatingthe 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.


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3. If that is the case, what can cadets do ifthey are hurt by a decision, act, omission

or a policy?Cadets, parents, Civilian

Instructors and members of the

Leagues may submit a Letter

Requesting Review (LRR) to the

Minister of National Defence. Like

the groups listed above, cadets are

civilians. Because cadets areCanadian 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.

4. Why might a cadet need to submit aLetter Requesting Review (LRR) to theMinister of National Defence?

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 haveaccess 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

Cadets are civilians. Because cadets are

civilian Canadian citizens, they are

permitted to directly contact elected

officials in cases where they have been

treated unfairly by leaders.


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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

of matters like discipline, training

and performance accurately

demonstrate a cadets attributes. For

example, if a cadet is Returned to

Unit for disciplinary reasons, a

Canadian Armed Forces recruiting

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 FlyingScholarship.

This idea of procedural fairness translates to

decision-makers being 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.


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An officer is refusing to promote me and wont tell me why or giveme a valid reason.

Negative comments were written on my course report that dontreflect my performance.

I didnt get selected for an exchange. A cadet that did get selected isless qualified than me.

A first year staff cadet was given a senior position over me andofficers couldnt tell me why. I was a returning staff cadet with more

courses and experience.

Unfairness at a biathlon ormarksmanship competition

stopped me from going tonationals.

A less experienced or lessqualified cadet was given a

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 myhair 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 cadetbecause I got pregnant.

I was told I could no longer be a cadet because I was charged with alow-level offence (non-sexual/non-violent).

Aboriginal cadets or visible minorities seem to be chronicallyoverlooked for promotions and awards.

Discrimination on the basis of a prohibited

ground under the Charter of Rights and

Freedoms, Canadian Human Rights Act orprovincial Human Rights legislation is a

violation of Canadian law. For more

information on Canadian Human Rights

Commissions, see the help section at the end of

this document.


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The child of our Sponsoring Committee chairperson or CO unfairlyreceives rewards over me.

I experienced an abuse of authorityor abuse of power situation atsummer camp or at my corps / squadron.

I was told I needed to remove religious dress, or I was told I neededto remove my religious dress in order to participate in an activity.

I was told I needed to take time between being a cadet andbecoming 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.

5. Should I follow the chain ofcommand and try to solve my problem atlower levels first?

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 arerequired 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


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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.

6. I am worried about being punished forspeaking up about my problem.

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,but there is nothing preventing your

contacting any federal Member of

Parliament, and you cannot be

punished by the cadet program for

taking this step. Cadets are civilian

Subsection 29(4) of the National

Defence Act prohibits a CAF member

from being penalized or punished for

exercising their right to submit a

grievance.


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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 punishedfor 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.

7. Why isnt there a formal policy processsimilar to the Canadian Armed Forcesgrievance process for cadets and CivilianInstructors? Dont these groups need someform of rights-based protection andassistance at times?

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 withemployment 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.


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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.

8. How do I write a Letter RequestingReview (LRR) to the Minister of NationalDefence?

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 FlyingScholarship.

o Possible requested remedy: I want to be guaranteed a spot forthe 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.


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I am an Aboriginal male cadet and was told I was required to cut myhair in order to remain in the program.

o Possible requested remedy: I would like this situationinvestigated and the Commanding Officer be told to reasonably

accommodate cultural variances. (Note: A cadet and CAF

policy exists for

Aboriginal male cadets

who wish to wear their

hair long for cultural

reasons. If you believe

you have been

discriminated against onthe 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 isless qualified than me.

o Possible remedy requested: I request to be selected for anexchange during the upcoming summer.

A first year staff cadet was given a senior position over me andofficers 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 higherranked 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.

Represent your position professionally.

Clearly explain the problem and how

you would like to see the situation

fixed.


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I was told I needed to remove religious dress or could not participatein an activity due to my religious dress.

o Possible remedy requested: I request this matter beinvestigated. (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 atsummer 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 reviewedand 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 confinedto 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 carriedout, I be awarded a medal.


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I was returned to unit (RTUd) from summer training and disagreewith the reasons.

o Possible remedy requested: I request that the RTU be struckfrom 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 re-

enrolled at the rank of ______.

Aboriginal cadets or minorities seem to be chronically overlooked forpromotions and awards in my corps or squadron.

o Possible remedy requested: I request that the cadet programcollects 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 Commissionor a provincial / territorial Human Rights Commission if the

discrimination is based on prohibited grounds other than and

including those listed).


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I was told to step down from my position or take time off as a cadetbecause I got pregnant.

o Possible remedy requested: I ask that an investigation takeplace. (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 alow-level offence (non-sexual/non-violent).

o Possible remedy requested: I request that this matter beinvestigated. (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 unfairlyreceives rewards over me.

o Possible remedy requested: I ask that an investigation takeplace and if found to be warranted, I am promoted etc. as

appropriate.

I experienced an abuse of authority or abuse of power situation atsummer camp or at my corps / squadron.

o Possible remedy requested: I ask that an investigation beconducted into the behaviour of this officer or officers.

I was told I needed to take time between being a cadet andbecoming an officer, I believe this is discriminatory on the basis of

age.

o Possible remedy requested: I request that this decision bereviewed. If I am an appropriate candidate for the Cadet


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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 tostop it.

o Possible remedy requested: I ask that an investigation into thismatter 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 courseor 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 thismatter be conducted. (Note: the cadet program and all

government agencies are required to reasonably

accommodate physical, psychological or mental illnesses ordisabilities under Canadian human rights legislation. You are

encouraged to contact the Canadian Human Rights

Commission.)


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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 ofview 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 tokeep 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.

9. How do I structure a Letter RequestingReview (LRR)?

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


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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:

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 headingsas 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 theevents 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 areproblems arising from your situation. (Remember, you can also

discuss how policy and regulations are unfair or applied in unfair

ways.) For example:

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.


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a. Was my misbehaviour serious enough to cause my beingRTUd?

b. Does the fact that I was never counselled on the problems withmy performance make my course report unfair and invalid?

c. Was the behaviour of this Officer an abuse of authority or anabuse of power within the normal meaning of that term?

d. Was the promotion of a less qualified cadet procedurally unfairin 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 cadetprogram under policy after being charged with a low-leveloffence?

g. Am I required to take time off from my position at cadetsbecause I got pregnant?

3. Policy and Analysis This section is optional. In it, you may wish todiscuss CATOs (Cadet Administrative and Training Orders),

Canadian law or any other

lower level policy orregulation, including your

corps or squadrons standing

orders. This section discusses

how policy applies to your

facts and issues in the

situation. For instance, if you

were disciplined by being

kicked out of cadets or kicked

out of a position, you could

discuss the CATO on cadet

discipline and how it relates to

your facts.

There is no one definition for procedural

fairness. However, it is generally accepted that

in order to be fair in a legal sense, the common

law rules of natural justice, freedom from bias

on the part of the decision maker and a

meaningful and informed participation by the

person in the proceedings, must be followed

throughout the process.

The principles associated with procedural

fairness can include: the right to counsel,

adequate notice, release of information, the

ability to make submissions, evidentiary

standards and providing reasons for decisions

that are made.

- Excerpt from Canadian Armed Forces

Publication B-GG-005-027/AF-011


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4. Conclusions In this section you should clearly conclude how whathappened 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 clearstatement of what you want the Minister of National Defence to do in

order to make things right.

10.Why should I submit a LetterRequesting Review (LRR) to the Ministerof National Defence?

You should do what you feel

is right for you in the circumstances.

Remember that leadership, bad

decision-making and poor policy

will not change unless people are

willing to speak out against it. If you

have problems that are not

addressed by the chain of command

within the cadet program, you

should not be afraid of using your

power as a civilian Canadian citizen to draw attention to problems, andmake 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.

Leadership, bad decision-making and

poor policy will not change unless

people are willing to speak out againstit. 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.


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11.Where can I get more information orhelp 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 rightpath 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 tosend 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 forthe office of the Minister of National Defence.)


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Canadian Forces Whistleblowing, Submit a Disclosure ofWrongdoing - 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 CAFmembers can submit a disclosure using the Canadian Forces

Disclosure Process.

The National Defence and Canadian Armed Forces OmbudsmanThe 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 theirfamilies. 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.


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o The office of the DND / CAF Ombudsman also has a toll freetelephone 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 andreferral 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 suspectedcriminal 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 FederalMembers of Parliament (MP) Politicians are your representativesin 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


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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 theCanadian 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 areencouraged 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 nationaltribunal that hears cases regarding federal government institutions

and their obligations regarding the Canadian Human Rights Act. The


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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 beenviolated 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 thecollection, 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 theright 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


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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 comprehensivevalues-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. Youmay 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 tosubmit 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.


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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.

Documents

Can Cadets Write Grievances?