Harassment Prevention and Resolution Instructions – Procedural Fairness Principles

Topic

Harassment Prevention and Resolution Instructions – Procedural Fairness Principles

Case number

• 2021-282 (F&R date: 2023-04-26)

Issue

The Committee has observed a concerning ambiguity between the Canadian Armed Forces (CAF) Harassment policy direction provided by the over arching Defence Administrative Orders and Directives (DAOD) 5012-0 and the complimentary direction found in the Harassment Prevention and Resolution Instructions (HPRI). Paragraph 3.7, Note 2, of the DAOD 5012-0 requires that the Responsible Officer (RO) disclose all information to be used in rendering their decision. This would necessarily include the respondent’s comments in response to the complainant’s allegations. This Note also requires the RO to allow the parties an opportunity to submit representation following such disclosure.

However, paragraph 4.1 [Basic Principles] of the HPRI does not contain that same direction. This gap in the HPRI direction fails to ensure that the procedural fairness principles outlined in the DAOD 5012-0 are respected during the harassment complaint process

Recommendation

The Committee recommended that the Final Authority direct that paragraphs 4.1 and 6.2 of the HPRI be revised to accurately reflect paragraph 3.7, Note 2, of DAOD 5012-0, ensuring that both the respondent and the complainant receive full disclosure of all information to be considered by the RO in arriving at a decision, especially in those cases where there is no harassment investigation.