DAOD 5516-0, Human Rights
Table of Contents
1. Introduction
Date of Issue: 2013-02-22
Date of Last Modification: 2024-08-08
Application: This DAOD is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).
Supersession:
- CFAO 19-40, Human Rights – Discrimination
- CPAO 2.02, Human Rights – Discrimination
Approval Authorities:
- Assistant Deputy Minister (Human Resources – Civilian) (ADM(HR-Civ))
- Chief Professional Conduct and Culture (CPCC)
Enquiries:
- Director Civilian Labour Relations (DCLR)
- Director Inclusion (DI)
Context
2.1 The Canadian Human Rights Act (CHRA) gives effect in law to the principle of equal opportunity and prohibits discriminatory practices based on any of the following prohibited grounds of discrimination set out in section 3 of the CHRA:
- race;
- national or ethnic origin;
- colour;
- religion;
- age;
- sex (including pregnancy and childbirth);
- sexual orientation;
- gender identity or expression;
- marital status;
- family status;
- genetic characteristics;
- disability (mental or physical); and
- conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
2.2 A "discriminatory practice" for purposes of the CHRA and the DAOD 5516 series is any discriminatory practice prohibited under sections 5 to 14.1 of the CHRA. Subsection 15(1) of the CHRA sets out practices which are not discriminatory practices under the CHRA.
Policy Statement
2.3 The DND and the CAF are committed to:
- ensuring that DND employees and CAF members, and other persons dealing with the DND and the CAF, are treated fairly, respectfully and with dignity;
- providing a workplace for DND employees and CAF members that is free from discriminatory practices; and
- respecting the rights of DND employees, CAF members, and other persons dealing with the DND and the CAF, that are protected under the CHRA.
Requirements
2.4 The DND and the CAF must:
- promote the principles of the CHRA;
- inform DND employees and CAF members of their rights and obligations under the CHRA, and of behaviour that constitutes a discriminatory practice;
- provide leaders, managers and supervisors with guidance and support to enable them to carry out their responsibilities in preventing discriminatory practices and resolving conflicts;
- establish complaint resolution processes; and
- monitor the effectiveness of this DAOD and DAOD 5516-1, Human Rights Complaints.
General
3.1 Should clarification of the policy statement, requirements or authorities set out in this DAOD be required, DND employees and CAF members may seek direction through their channel of communication or chain of command, as appropriate. The anticipated results set out in the policy statement may not be achieved by the DND and the CAF if the requirements specified in this DAOD are not properly implemented. Not achieving the anticipated results could affect the ability of the DND and the CAF to ensure that the CAF is prepared to undertake missions for the protection of Canada and Canadians and the maintenance of international peace and stability.
4. Authorities
Authority Table
4.1 The following table identifies the authorities associated with this DAOD:
| The … | has the authority to … |
|---|---|
ADM(HR-Civ) |
approve human rights policies and procedures for DND employees. |
CPCC |
approve human rights policies and procedures for CAF members. |
Acts, Regulations, Central Agency Policies and Policy DAOD
- Canadian Charter of Rights and Freedoms
- Canadian Human Rights Act and its regulations
- Public Service Labour Relations Act
- QR&O Chapter 7, Grievances
Other References
- DAOD 5003-0, Restrictions on Duty and Individual Limitations
- DAOD 5012-0, Harassment Prevention and Resolution
- DAOD 5015-0, Workplace Accommodation
- DAOD 5016-0, Standards of Civilian Conduct and Discipline
- DAOD 5019-0, Conduct and Performance Deficiencies
- DAOD 5026-0, Civilian Grievances
- DAOD 5516-1, Human Rights Complaints
- Guidelines for Civilian Discipline
- Guidelines for Civilian Grievances
- Workplace Accommodation – Guidelines
- A-PM-007-000/FP-001, Harassment Prevention and Resolution Guidelines
- Defence Ethics Programme