Canadian Armed Forces Disclosure Process (CAF DP)
CAF recourse and complaint mechanisms
- Introduction
- Canadian Armed Forces Disclosure Process (CAF DP)
- Compensation and Benefits Issues
- CFHA military housing services
- Grievances
- Health services complaints
- Recourse for career issues
- Official languages
- Sexual misconduct
- Filing a complaint with the Canadian Human Rights Commission
- Principles of procedural fairness
- Relocation issues
- Workplace harassment and violence prevention
- Recourse and complaint mechanisms outside the DND/CAF
CAF members have several options to submit a formal complaint. You can address a decision or action with an authority, such as a harassment complaint, or a grievance, in the scope of personal interest (whether it be yours or another’s). You can explain what happened, how that incident affected you or others and request resolution. However, in cases, where you witnessed or know of an incident that may impact the public’s confidence or harm the integrity of the DND/CAF, there is an alternate mechanism.
This education segment is intended to help inform CAF members about:
- the process for disclosing wrongdoing (also known as “whistleblowing”);
- how it is defined by the CAF and DND;
- how to report wrongdoing;
- what the disclosure of wrongdoing process involves as well as
- pointing you to the authority in charge of investigating wrongdoing allegations, resources and references.
The Public Service Disclosure Protection Act (PSDPA) defines wrongdoing in the public sector, establishes a procedure for the disclosure of wrongdoings in the public sector and ensures the protection of those who make a disclosure of wrongdoing.
CAF members are not considered Public Servants under the PSDPA however section 52 of the Act states that the CAF must establish a similar disclosure process outlined in the PSDPA. As a result, the CAF established the CAF Disclosure Process (CAF DP) (only available on the Defence Network) through which members of the CAF can submit a protected disclosure of wrongdoing or complaint of reprisal.
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What is Wrongdoing?
Articles 7 and 8 of the Internal Disclosure Processes for the DND and the CAF - Procedures Manual (herein referred to as “CAF DP Procedures Manual”) offer both PSDPA and CAF DP definitions of Wrongdoing.
If you are unsure if your allegation meets the definition of wrongdoing:
- refer to the CAF DP Procedures Manual and the PSDPA for additional context;
- visit the Assistant Deput Minister (Review Services) (ADM (RS)) - Internal Disclosure Office (IDO) on Canada.CA for contact information and further assistance with submitting a protected disclosure of wrongdoing; or
- visit the IDO homepage on the Defence Network for contact information and further assistance.
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Submitting a Disclosure of Wrongdoing
CAF members have the option of submitting disclosures of wrongdoing to two authorities, depending on the type of alleged wrongdoer:
- ADM (RS) - IDO when the alleged wrongdoer is a member of the CAF or an employee of the Department of National Defence.
Submitting a protected disclosure of wrongdoing to ADM (RS) - IDO under the CAF DP
- ADM(RS) or the Public Service Integrity Commissioner (PSIC) when the alleged wrongdoer is a public servant (an employee of DND or any other federal department).
Since CAF members are not Public Servants, they cannot make a protected disclosure to the PSIC under the PSDPA. Despite this, CAF members may provide information about a wrongdoing by a public servant to the Public Sector Integrity Commissioner.
Submitting a protected disclosure of wrongdoing to ADM (RS) - IDO under the CAF DP
Submitting information about a wrongdoing to PSIC (not protected)
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What Does the Whistleblowing Complaint Process Involve?
The IDO decides whether to investigate any disclosure of wrongdoing complaint. Refer to the CAF DP Procedure Manual articles 14-20 for process description, milestones and timelines.
According to the CAF DP Procedure Manual , a disclosure may also be screened out, or an investigation may be stopped if:
- the disclosure refers to any wrongdoing involving a personal interest, rather than the public;
- the subject of the disclosure has been investigated and adequately addressed;
- another mechanism created by an Act of Parliament can appropriately address the disclosure; or
- A more appropriate departmental resolution mechanism is available.
Note: The disclosure of wrongdoing process does not replace other DND or CAF redress and recourse mechanisms, such as the filing of grievances or harassment complaints. These matters should continue to be addressed through existing processes and mechanisms that are available to deal with such concerns.
The IDO will advise you if another recourse mechanism is more appropriate to address your complaint. However, the CAF DP procedures manual notes that ADM (Review Services) may continue to oversee the resolution of the matter.
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Protection from Reprisals
If you disclose wrongdoing in good faith through the CAF DP, you will be protected from reprisals under QR&O 19.15 – Prohibition of Reprisals . If you feel like you have suffered reprisals resulting from disclosing an act of wrongdoing, contact DND’s Internal Disclosure Office (link only available on the Defence Network):
- by phone at 1-866-236-4445 or
- by email at ido-bdi@forces.gc.ca.
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Assistant Deputy Minister (Review Services) (ADM(RS))
ADMS (RS) is the Senior Officer of Internal Disclosure (SOID) for the CAF and the DND as designated by the Chief of Defence Staff (CDS) and the Deputy Minister of National Defence, respectively, per the CAF Disclosure Process and the PSDPA. The Internal Disclosure Office (IDO) receives and investigates disclosures of wrongdoing for the DND and the CAF.
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Public Service Integrity Commission
The Public Sector Integrity Commissioner (PSIC) is independent and reports directly to Parliament. Their role is:
- to investigate wrongdoing in the federal public sector
- help protect whistleblowers and those who participate in investigations from reprisal.
For more information visit the PSIC website.
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How we can help
The Office of the DND/CAF Ombudsman does not have the authority to dismiss, substitute, or modify an ADM (Review Services) decision on wrongdoing. However, we can determine whether you have been treated fairly throughout the process.
Every situation is unique. Contact our office if exceptional reasons, like time sensitivity, health, security, or financial concerns for you or your family, prevent you from addressing your concerns through regular channels. Where these compelling reasons exist, our office can ensure the appropriate parties are aware of your circumstances and making an informed decision.
References
- Internal Disclosure Office Disclosure Process Graphic
- National Defence Act Part III - Code of Service Discipline
- DAOD 2006-1, Procedures for the Safeguarding and Authorized Disclosure of Information in the DND and the CAF - Canada.ca
- DAOD 7024-0, Disclosure of Wrongdoings in the Workplace - Canada.ca
- DAOD 7023 – Defence Ethics - Table of Contents - Canada.ca
- Department of National Defence and Canadian Forces Code of Values and Ethics - Canada.ca
- Values and Ethics Code for the Public Sector- Canada.ca
Additional Resources
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