# 2015-061 Others, Retaliation

Case summary

F&R Date: 2015-08-27

The grievor claimed that his Commanding officer (CO) did not take disciplinary measures against officers who took punitive actions against him.

The Committee found that the grievor could not say that he had been personally aggrieved by the decision of his CO to not lay charges. The Committee also found that the CO did not appoint an assisting member. The Committee recommended that the CO be informed that he did not fulfill his duty to assign an assisting member to the grievor. The Committee also recommended that the Chief of the Defence Staff (CDS) ask that a broader review of the allegations of wrongdoings involving National Army Cadet Summer Training Center (NACSTC) be undertaken.

FA decision summary

The CDS agreed with the Committee's findings, but not with its recommendation that a broader, more holistic investigation of the number of allegations of wrongdoings and sexual assaults involving the personnel at NACSTC be performed. Given the criminal and administrative investigations, both currently underway and recently completed, the CDS found it reasonable to conclude that the allegations of wrongdoing have been and are being appropriately addressed by the responsible organizations within the Department of National Defence. The CDS found that the grievance process is a paper-based administrative review process which does not allow for evidence to be presented and acquired through verbal testimony, but as commanders should attempt to achieve informal resolution of grievances, the commander should have granted the meeting. However, at this stage, the CDS found that the requested meeting would be unproductive, as the allegations had been dealt with and the chain of command had been restructured. However, he directed that the findings of a summary investigation into the circumstances be shared with the grievor in order to provide closure. The CDS agreed with the Committee's recommendation that the CO be made aware of his duties and responsibilities as prescribed in the Queen’s Regulations and Orders for the Canadian Forces chapter 7. The CDS also directed that the COs involved be reminded of their duty to abide by the Canadian Forces Grievance System policies and regulations. Finally, the CDS asked the Commandant to ensure that a number of his staff members be trained as assisting members for grievances.