Naval Order – Hateful Conduct

NAVORD 1020-1

Naval Order – Hateful Conduct

1. Identification

Date of Issue:  15 October 2020

Application: This order and directive applies to members of the Canadian Armed Forces (CAF) and employees of the Department of National Defence (DND) who serve or are employed in the Royal Canadian Navy (RCN).

Approval Authority:  This Naval Order (NAVORD) is issued by the Commander RCN (CRCN) under the authority of Queen’s Regulations & Orders (QR&O) 4.12.

Enquiries:  Director Naval Personnel and Training (D Nav P&T) 2-3

2. Policy Statement

2.1 Admiral’s Intent

The RCN is expected to maintain the highest standard of personal conduct at all times, in accordance with the RCN Code of Conduct, DND and CAF Code of Values and Ethics, and Duty with Honour. This includes both personnel currently serving with the RCN and those employed in support of.

The RCN will not tolerate hateful or racist conduct in any form. Hateful and racist conduct is contrary to Canadian military ethos. The RCN’s intent, in line with our fellow services, is to drive racism, discrimination and Hateful Conduct from our ranks and ensure that everyone on our team, civilian and military, has the opportunity to reach their full potential in a diverse, inclusive, and respectful environment. Any form of Hateful Conduct erodes cohesion and esprit de corps, a necessity for our Navy, and diminishes our authority as a force for good at home and abroad.

Shipmates, our words and actions, both in person and on-line, and our actions and reactions as bystander, must at all times demonstrate this firm commitment with deliberate and sustained action and leadership. All members of the RCN are to follow the directions laid out in this order, as we work together to be better and eliminate hateful and racist conduct from our ranks.

3. Definitions

3.1 Deck Plate Leadership

Deck Plate Leadership is the act of actively engaging and interacting with subordinates in their workspaces. It involves not only being present, but participating in their daily routines and looking after their well-being. Through Deck Plate Leadership, RCN personnel lead by example, demonstrate what right looks like, and behave with respect and in a manner that brings credit to our Navy. Deck Plate Leadership is achieved by leading, developing, communicating, and supporting subordinates while consistently exemplifying the expectations of the RCN Code of Conduct (Source: RCN Code of Conduct).

3.2 Discrimination

Discrimination is an action or a decision that treats a person or a group badly for reasons such as their race, age or disability. These reasons, also called grounds, are protected under the Canadian Human Rights Act (Source: Canadian Human Rights Commission).

3.3 Harassment

Harassment is the improper conduct by an individual that offends another individual in the workplace, including at any event or any location related to work, and that the individual knew or ought to have reasonably known would cause offence or harm. It comprises objectionable act(s), comment(s) or display(s) that demean, belittle, or cause personal humiliation or embarrassment, and any act of intimidation or threat. It also includes harassment within the meaning of the Canadian Human Rights Act (i.e. based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered). Harassment is normally a series of incidents, but can be one severe incident which has a lasting impact on the individual. Harassment that is not related to grounds set out in the Canadian Human Rights Act must be directed at an individual or at a group of which the individual is known by the harassing individual to be a member (Source: Defence Terminology Bank).

3.4 Hateful Conduct

Hateful Conduct is an act or conduct, including the display or communication of words, symbols or images, by a CAF member, that they knew or ought to have reasonably known would constitute, encourage, justify or promote violence or hatred against a person or persons of an identifiable group, based on their national or ethnic origin, race, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics or disability (Source: Defence Administrative Order and Directive (DAOD) 5019-0).

3.5 Hate Incident

A Hate Incident is any allegation of Hateful Conduct that has been reported to, or documented by, the chain of command (Source: Canadian Forces (CF) Military (Mil) Personnel (Pers) Instruction (Instr) 01/20).

3.6 Micro-agression

Micro-agression is a statement, action, or incident regarded as an instance of indirect, subtle, or unintentional discrimination or prejudice against members of a marginalized group such as a racial minority (Source: Termium).

3.7 Racism

Racism is prejudice, discrimination, or antagonism directed against a person or people on the basis of their membership in a particular racial or ethnic group, typically one that is a minority or marginalized (Source: Mil Pers Instr 01/20).

4. Policy Framework

4.1 General

The RCN will listen, learn and act for any instance, or potential instance, of Hateful Conduct. Our actions will define our ability to improve as an institution. The following framework will be used to ensure our actions are fulsome and consistent, pursuant to these orders.

4.2 Prevent

The RCN shall raise awareness, inspire active, respectful dialogue to generate positive culture change, and to ensure our policies and practices are shaped by perspectives and considerations regarding both episodic and systemic racism and discrimination. We shall foster an inclusive and respectful workplace in which Hateful Conduct, discrimination, and cultural insensitivity are not tolerated and where personnel feel supported and able to intervene and report Hateful Conduct incidents without fear of reprisal.

4.3 Respond

The RCN shall respond to incidents of Hateful Conduct in an appropriate, timely and decisive manner. We shall hold ourselves and our shipmates accountable for any incident of Hateful Conduct. We shall ensure individuals who are targeted or negatively impacted by Hateful Conduct are provided our support and the resources to deal with the incident.

4.4 Monitor and Assess

The RCN shall contribute to and support further development of CAF-wide mechanisms to monitor, track and assess these types of incidents, in order to better determine where we need to shape cultural and institutional change. We shall identify and analyze trends with the intent to advance our understanding of the issues, predict future behaviour and outcomes, and improve our prevention and response.

5. Prevent

5.1 General

Awareness of the CAF’s commitment to prevent and address Hateful Conduct requires education and training. In accordance with CF Mil Pers Instr 01/20, the CAF Policy on Hateful Conduct will be clearly articulated to:

  • All applicants upon enrolment or re-enrolment in the CAF;
  • CAF members during recruit and basic officer training;
  • CAF members on occupation qualification training;
  • CAF members on leadership courses; and
  • CAF members pre-deployment and post-deployment

5.2 Annual Hateful Conduct Prevention Training

Commanding Officers (COs) or their delegates, must deliver Hateful Conduct training and education on an annual basis. This training and education should aim to achieve the following objectives:

  • Increase awareness of what behaviours constitute Hateful Conduct and possible warning signs;
  • Promote discussion of any Hateful Conduct or conflict situations that may occur;
  • Promote positive behaviours that are in line with Duty with Honour: the Profession of Arms in Canada;
  • Instruct CAF members on their responsibilities under this instruction; and
  • Identify ways of resolving conflicts where Hateful Conduct may be involved and how to access resources.

6. Respond

6.1 Reporting of Hate Incidents

All members of the RCN have a duty to report Hate Incidents, and are expected to intervene. Failure to act in addressing Hateful Conduct is considered complicity in the event. Examples of what may or may not constitute Hateful Conduct are included in Annex A.

RCN members can comply with this requirement by reporting to the chain of command (CoC), the Military Police or Assistant Deputy Minister (Review Services) Director of Special Examinations Inquiries, as applicable.

An officer commanding a command must report Hateful Conduct, suspected or confirmed, in accordance with QR&O article 4.11, Reports of Unusual Incidents.

6.2 Initial Actions upon Notification of a Hate Incident

Awareness of Hate Incidents may come from a number of sources, such as grievance mechanisms, direct observation, media reports, or reports from the public. Regardless of how the CoC becomes aware of the incident, the following actions must be taken:

  1. Ensure that negatively impacted team members are supported by their CoC and advised of available support services, including chaplaincy and health services. Further support resources can be found at the Chief Military Personnel (CMP) Hateful Conduct Intranet Site;
  2. As soon as possible after becoming aware of a Hate Incident, report the conduct, suspected or confirmed, in Commanders Critical Information Requirements (CCIR) 12-Liner format to Maritime Component Command (MCC)/Regional Joint Operations Centre (RJOC)/CoC in accordance with Commander RCN’s CCIR Directive;
  3. As soon as possible, but within 24 hours, submit a Significant Incident Report (SIR) to MCC/RJOC/CoC/Assistant Deputy Minister (Public Affairs)/Canadian Forces Integrated Command Centre in accordance with DAOD 2008-3 and Commander RCN’s CCIR Directive, including NDHQ CNavy Ottawa//DNavP and T 2// on the distribution.
  4. Additionally, SIRs are to be sent to the Director Professional Military Conduct-Operation HONOUR, and Info Director Military Careers Administration (DMCA) 2 as outlined in CF Mil Pers Instr 01/20, when the Hate Incident involves the following: 
    • Formation Commanders, COs and their Coxswains/Unit Chiefs;
    • A member who has been taken into custody or against whom charges have been laid;
    • Incidents with potentially significant media interest which could cause discredit to the RCN or CAF; and
    • A breach of this policy that prevents Commanders from achieving their mission.
  5. All reported Hate Incidents shall be entered into the Hateful Conduct Incident Tracking System (HCITS) within 48 hours, and will be continuously updated as new information becomes available until the incident has been concluded or resolved. An RCN HCITS Standard Operating Procedure is enclosed at Annex B.

6.3 Actions following Initial Reporting

Once initial reporting is complete, the CO or CoC must ensure that the Hate Incident is appropriately addressed through disciplinary and/or administrative action. The next steps should be as follows:

  1. Determine if the information provided by the report or notification of a Hate Incident is factual and accurate;
  2. Engage the Military Police in order to receive advice on the type of investigation(s) that needs to be initiated. Where and when a unit disciplinary investigation is deemed necessary in accordance with article QR&O 106.02, Investigation Before Charge Laid, such an investigation may only be conducted once it is determined that all police with jurisdiction to investigate the matter have declined to investigate. Before proceeding to investigate, the Unit Legal Advisor should be contacted;
  3. Consult with the Unit Legal Advisor and Human Resource Advisors as required, to determine appropriate disciplinary and/or administrative actions, and to obtain advice throughout the process. Note administrative actions are based on balance of probability while disciplinary actions are based on reasonable doubt. A guilty finding is not required to recommend release or impose other administrative actions; and;
  4. In instances where a member in a supervisory, instructional or command position is accused of committing a Hate Incident, consider the requirement to recommend or apply work re-assignments, in order to provide safety and security to the unit and to all other CAF members.

Once a Hate Incident has been concluded or resolved, ensure all records pertaining to the member’s conduct are placed on the member’s personnel record file. It is important that the member’s personnel file accurately reflect all disciplinary, criminal and administrative action related to Hateful Conduct.

A Hateful Conduct Incident Management Decision Tree is included at Annex C.

NOTE: The CoC must follow the process set out in the policy governing the type of misconduct being examined. Where the Hate Incident involves a civilian, the CO should refer to DAOD 5016-0, Standards of Civilian Conduct and Discipline, and liaise with their Labour Relations Advisor for guidance.

6.4 Administrative Action and Disciplinary Action

When a determination is made that a Hate Incident meets the definition of Hateful Conduct, a spectrum of administrative and disciplinary actions may be taken against the member. Consultations shall be made with career management subject matter experts and may be required with legal advisors and military police to determine the best approach.

The CO may pursue one or more of the following options, as appropriate:

Administrative Actions

  • Issue remedial measures in accordance with DAOD 5019-4;
  • Initiate an Administrative Review (AR) under DAOD 5019-2; where a CO recommends release, the file is to be forwarded to DMCA for completion of the AR; and
  • As context requires, forward the Commander’s Critical Information Requirements (CCIR) to the Personnel Security Screening Officer.

Disciplinary Actions

  • Conduct a Military Police Investigation, as required; and
  • Conduct a Unit Disciplinary Investigation in accordance with QR&O Chapter 106, Investigation of Service Offences.

Criminal Investigation

  • Contact the Military Police.

6.5 Additional CoC Considerations

The CO must determine whether they can adequately deal with the matter, in accordance with QR&O article 4.02. The CO or officer in the CoC will consult their legal advisors where the incident is complex. The determination of whether the CO or officer in the CoC can adequately resolve the matter involves an exercise of discretion. It requires that an officer act in good faith in order to achieve the strategic intent of this policy. All relevant factors must be examined, including but not limited to the following:

  • Safety concerns such as possible reprisals against the individual who reported the Hate Incident or the alleged victim of that Hate Incident;
  • The need to ensure the operational readiness and effectiveness of the CAF;
  • The safety of CAF members and the public;
  • The gravity of the Hate Incident identified;
  • The disciplinary interests of the respondent’s unit; and
  • Whether the resources are in place to implement the necessary measures.

6.6 Reprisals

CoCs must prevent reprisals in accordance with QR&O article 19.15, Prohibition of Reprisals. Accordingly, a CO must investigate any reports of threatening, intimidating, ostracizing, or discriminatory behaviour taken in response to a Hate Incident report. Any CAF member participating in such behaviour will be subject to Administrative and/or Disciplinary Action.

6.7 Security Clearance and Change of Circumstance Reports

National Defence Security Orders and Directives (NDSODs) Chapter 4 Standard B Annex H gives clear direction on when change in circumstances reporting shall take place and what needs to happen to maintain security. Where personnel have expressed extremist views, taken actions that call into question their loyalty to the Crown, or information about them is known that could make them vulnerable to compromise, it is critical that a change in circumstances report is made. Commanding Officers and senior managers shall consult with the RCN Deputy Command Security Officer for advice on change in circumstances and access to sensitive materials, ensuring all information is encrypted and PROTECTED B.

6.8 Relief from Performance of Military Duty

Given the gravity of such incidents and the impacts on affected individuals and unit cohesion, in accordance with QR&O articles 19.75 and 101.09, the designated authority may consider the relief from performance of military duty of a CAF member when they consider that it is necessary to separate the member from their unit. In so doing, the designated authority should consider relief of a member only after concluding that other administrative measures are inadequate in the circumstances. In determining whether to relieve a member, an authority must balance the public interest, including the effect on operational effectiveness and morale, with the interests of the member. A CO must monitor each case to ensure that appropriate action is taken if there are changes in the circumstances on which the decision to relieve a member was based.

In accordance with QR&O articles 19.75 and 101.09, prior to relieving the accused perpetrator from the performance of military duty while an investigation is ongoing, the authority will provide the member with the following:

  • the reason why the decision to relieve the member from the performance of military duty is being considered; and
  • a reasonable opportunity to make representations.

The authority who relieves an officer or non-commissioned member from the performance of military duty will, within twenty-four (24) hours of relieving the member from the performance of military duty, provide the member with written reasons for the decision.

6.9 Service Tribunal or Civilian Court Proceedings

If a CAF member is charged with an offence with respect to a Hate Incident, the CO must obtain and keep on file as part of their investigation, upon the conclusion of the service tribunal or criminal court proceeding, the documents listed as follows:

If the CAF member is found guilty, the CO must obtain any documented order issued by the court which may include but are not limited to the following:

  • Sentencing Order or court transcript;
  • Probation Order;
  • Prohibition Order; and
  • Certificate of Conviction and Conduct Sheet.

(See QR&O article 19.61, Certificate of Conviction, and QR&O article 19.62, Action Following Conviction by Civil Authority).

If the CAF member is discharged or found not guilty, the CO must obtain:

  • Court transcript; and
  • The decision of the court.

6.10 Administrative Action – Post Disciplinary Proceeding

If the member was found not guilty of a charge, was discharged, or charges were not proceeded with, a review of the facts of the case is still required by the CoC to determine whether there is reliable evidence that establishes on a balance of probabilities that Hateful Conduct has occurred. A guilty finding is not required to recommend release or impose other administrative actions.

Notwithstanding any other provision of DAOD 5019-2 or 5019-4, and in order to ensure consistent CAF-wide application of CF Mil Pers Instruction 01/20, the CO of any member convicted of an offence motivated by hate either by summary trial, court martial or criminal court, the CO must consult DMCA 2 to determine if a Notice of Intent (NOI) to recommend release should be issued by the unit CO. DMCA 2 will conduct an AR in accordance with DAOD 5019-2 if an NOI to recommend release is issued.

6.11 Privacy Considerations

The CAF must only collect personal information for which it has a demonstrable need. All parties involved in the handling of personal information related to Hateful Conduct must limit the discussion and dissemination of this information to those who have a need to know. If possible, personal information must be collected directly from the individual to whom it relates. All personal information collected, used, disclosed and retained by the CAF must be dealt with in accordance with the Privacy Act. Commanders at all levels must treat information regarding Hateful Conduct in a discreet and sensitive manner and in accordance with the proper handling of personal information, in accordance with DAOD 1002-0, Administration of the Privacy Act.

7. Monitor & Assess

7.1 General

Eliminating Hateful Conduct in the RCN requires rigorous monitoring and assessment of Hate Incidents, in order measure progress and identify areas that require additional leadership attention and focus. The RCN will support CAF analytics and performance measurement tools, leveraging them to improve our efforts in prevention and response. We will support development of CAF mechanisms to identify vulnerable and at-risk RCN members who are, or may be leaning towards, a hateful ideology, and set the conditions to address these behaviours before they happen.

7.2 Unit Morale and Cohesion

The CoC must always strive to have situational awareness of unit morale. Following any Hate Incident, the CoC shall assess unit morale and cohesion with the aim to identify and address potential issues within the group which may have facilitated or enabled hateful behaviour. 

7.3 Vulnerable and At-Risk Members

In keeping with the requirements of the CAF Intervention Framework (as described in CF Mil Pers Instr 01/20), the RCN will support development of mechanisms to identify vulnerable and at-risk RCN members who are, or may be leaning towards, a hateful ideology or who are exhibiting troubling conduct which may indicate an escalation of conduct along the hateful conduct spectrum. Where applicable, the RCN will promote reintegration in the CAF through appropriate support, professional counselling and remedial measures.

7.4 Hateful Conduct Incident Tracking

The purpose of the Hate Conduct Incident Tracking System (HCITs) is to conduct performance measurement and analytics on Hateful Conduct within the CAF. This level of analysis requires rigorous reporting and tracking of all incidents. Information captured in this system of record will be used to develop tools and analyze trends to create and improve targeted programs and actions aimed at preventing and eliminating Hateful Conduct. As per Sec 6.2, all Hate Incidents must be entered into HCITS no more than 48 hours after they are reported to the CoC. A HCITS SOP is included in Annex B.

8. Responsibility

8.1 Individual Responsibilities

All members of the CAF who serve with or are employed in the RCN are expected to adhere to the RCN Code of Conduct, DND and CAF Code of Values and Ethics and CF Mil Pers Instr 01/20. All members of the RCN are responsible for:

  • Leading by example and abiding by the CAF core military values on and off duty, ashore and abroad wherever they serve;
  • Reporting inappropriate conduct through their CoC;
  • Actively participating in Hateful Conduct prevention and training;
  • Fostering appropriate conduct and supporting each other through a positive team attitude and open and respectful dialogue;
  • Intervening and responding to incidents of Hateful Conduct, when it feels safe to do so; and
  • Reading and complying with Hateful Conduct regulations, including this order and CF Mil Pers Instr 01/20.

8.2 RCN Leadership Responsibilities

Leaders within the RCN are required to assume increasing responsibility in communicating and preventing Hateful Conduct within the RCN. Each responsibility specific to a seniority level escalates from and encompasses those of its subordinate levels. The following is not exhaustive as promoting acceptable conduct is, above all, an inherent leadership responsibility.

The Senior Officers/Civilians Executives and Chief Petty Officers 1st Class are responsible for:

  • Providing institutional leadership, strategic advice and executive coaching in support of the elimination of racism, discrimination and Hateful Conduct; and
  • Engaging their Commands at all rank levels in open, honest, respectful dialogue.

Military/Civilian Supervisors (including those mentioned above) are responsible for:

  • Ensuring a harassment free working environment;
  • Executing the principles of the RCN Code of Conduct through rigorous use of personnel management processes, including those in the Guide to the Divisional System;
  • Inculcating the DND and CAF Code of Ethics & Values to subordinates and setting clear expectations of personal conduct and behaviour;
  • Encouraging bystander intervention and the “buddy system”;
  • Providing leadership and management skills that reinforce this order, exemplifying the RCN Code of Conduct and core military values, and supporting the elimination of racism, discrimination and Hateful Conduct; and
  • Providing advice and input to plans, programs and policies that reinforce this order, the RCN Code of Conduct and core military values and supporting the elimination of racism, discrimination and Hateful Conduct.

The Junior Officers and Non-Commissioned Members are responsible for:

  • Developing a professional body of knowledge and critical thinking skills to enable awareness of unconscious bias and support full engagement on issues surrounding racism and Hateful Conduct.
  • Identifying and promptly correcting any professional or personal misconduct.

8.3 Specific Responsibilities

The Director Naval Personnel & Training is responsible for:

  • Monitoring compliance of RCN Hateful Conduct Incident Reporting, ensuring procedures remain up to date in accordance with CAF established guidelines and policies;
  • Ensuring RCN Hateful Conduct policy remains aligned with DND and CAF orders and governance; and
  • Managing the Guide to the Divisional System so that it clearly reinforces CRCN’s expectations relating to personal conduct.

The Commander Naval Personnel Training Group is responsible for:

  • Developing and delivering Hateful Conduct related Individual Training and Education, consistent with CAF training guidelines, including integration into initial occupational training through the Leadership, Respect, Honour program, as well as the RCN Command Team Training and Command Development Courses.

The Units responsible for Naval Reserve Force Recruiting are responsible for:

  • Informing applicants prior to enrolment in the CAF of the CAF policy on discrimination, harassment, professional conduct and Hateful Conduct; and 
  • Ensuring that applicants are aware of the requirement to remove any tattoo(s) that would be prohibited under this instruction before enrolment set out in current tattoo direction and guidance (see References). 

The Commanders, Commandants, and Commanding Officers are responsible for:

  • Fully understanding and executing duties in accordance with this order, CF Mil Pers Instr 01/20, and other relevant orders and instructions, and responding to Hate Incidents in a timely and decisive manner through appropriate disciplinary and administrative processes;
  • Ensuring all members have read this order and CF Mil Pers Instr 01/20;
  • Leading by example and displaying a personal commitment to the elimination of racism, discrimination and Hateful Conduct;
  • Conveying CRCN intent and advising members on their responsibilities under this order;
  • Ensuring that any member who has been affected by Hateful Conduct is adequately supported, and their well-being is prioritized;
  • Delivering unit formal training on conduct issues, focusing on Hateful Conduct, Operation HONOUR, and harassment, at minimum annually;
  • Applying the principles of the RCN Code of Conduct through Deck Plate Leadership and rigorous use of the processes included in the Guide to the Divisional System; and
  • Fostering a respectful, harassment-free workplace in which all personnel have the confidence to report wrongdoing without fear of reprisal.

8.4 Conclusion

To achieve meaningful, long-term effects, Hateful Conduct must be addressed as part of a comprehensive, sustained leadership effort to change behaviours, commencing with adherence to the directions laid out in this order.

9. References

9.1 Source References

DAOD 5016-0, Standards of Civilian Conduct and Discipline

DAOD 5019-0, Conduct and Performance Deficiencies

CF Mil Pers Instruction 01/20, Hateful Conduct

DND and CF Code of Value and Ethics

Duty with Honour: the Profession of Arms in Canada

NAVORD 1001-0- Code of Conduct

CRCN’s Critical Information Requirements Directive

National Defence Security Orders and Directives

CMP Hateful Conduct Intranet Site

Canadian Charter of Rights and Freedoms

9.2 Related References

Criminal Code

Canadian Human Rights Act

National Defence Act

QR&O article 1.03, Persons Subject to QR&O

QR&O article 1.04, Words and Phrases – How Construed

QR&O article 4.02, General Responsibilities of Officers

QR&O article 4.11, Reports of Unusual Incidents

QR&O article 5.01, General Responsibilities of Non-Commissioned Members

QR&O article 15.01, Release of Officers and Non-Commissioned Members

QR&O Chapter 19, Conduct and Discipline

QR&O article 101.09, Relief from Performance of Military Duty – Pre and Post Trial

QR&O Chapter 106, Investigation of Service Offences

DAOD 1002-0, Administration of the Privacy Act

DAOD 2008-3, Issue and Crisis Management

DAOD 5012-0, Harassment Prevention and Resolution

DAOD 7024-0, Disclosure of Wrongdoings in the Workplace

DAOD 5019-2, Administrative Review

DAOD 5019-4, Remedial Measures

DAOD 5516-4, Restrictions of Duty

CDS Guidance to Commanding Officers and their Leadership Teams

CANFORGEN 121/19 CMP 068/19, Direction and Guidance for Tattoos

Privacy Act

Employment Equity Act

National Defence Act

QR&O Chapter 7, Grievances

DAOD 5516-0, Human Rights

DAOD 6002-2, Acceptable Use of the Internet, Defence Intranet, Computers and Other Information Systems

DAOD 7023-1, Defence Ethics Programme

Canadian Forces General Order (CANFORGEN) 012/15, Chief of the Defence Staff (CDS) Designated Release Authorities

CANFORGEN 016/18, CDS Direction on Military Conduct

CDS Designated Release Authorities – Regular Force, 01 December 2017

CDS Designated Release Authorities – Reserve Force, 01 December 2017

Department of Justice Website, Bill C-75

9.3 Annexes

Annex A – Examples of Hateful Conduct

Annex B – Hateful Conduct Incident Reporting and Tracking Standard Operating Procedures

Annex C – Hateful Conduct Incident Management Decision Tree

NAVORD 1020-1

Annex A

Examples of Hateful Conduct

For greater certainty, Hateful Conduct includes but is not limited to the following:

  1. Engaging in hate propaganda offences as set out in the Criminal Code of Canada. Such offences include:
    1. the public incitement of hatred under subsection 319(1) and the willful promotion of hatred under subsection 319(2); and
    2. advocating or promoting genocide under subsection 318(1);
  2. Accessing information that promotes hate on the Defence IT infrastructure, except as required for CAF work-related purposes;
  3. Being a member or otherwise participating in the activities of any organization or group which is known, or ought to be known by the CAF member, to promote or encourage violence, or hatred against a person or any identifiable group, based on a prohibited ground of discrimination, such as:
    1. encouraging membership or participation in the group or organization;
    2. making, publishing, distributing, displaying, sharing or issuing communications of the group or organization (e.g. including online);
    3. donating or raising funds for the group or organization;
    4. speaking or communicating on behalf of the group or organization;
    5. providing assistance in the form of goods, services, equipment or facilities to the group or organization;
    6. transporting personnel or materiel on behalf of the group or organization;
    7. displaying on a Defence establishment or in a public place any sign, emblem, symbol, tattoo or other paraphernalia representative of the group or organization;
    8. attending meetings or rallies for the purpose of supporting the group or organization; and
    9. running for or holding office in the group or organization.
  4. Making statements, sharing or endorsing information verbally, in writing, or online; that promotes violence or hatred against a person or any identifiable group based on a prohibited ground of discrimination;
  5. Acts of violence or intimidation stemming from hate against a person or any identifiable group based on a prohibited ground of discrimination; and
  6. Displaying tattoos that communicate, constitute, encourage, justify or promote violence or hatred against a person or any identifiable group based on a prohibited ground of discrimination.

Direction and Guidance on Tattoos

According to CANFORGEN 121/19, Direction and Guidance for Tattoos, CAF members are prohibited to have or acquire a tattoo that they know or ought to know:

  1. Is connected to criminal activities;
  2. promotes and/or expresses, on the basis of a prohibited ground of discrimination as defined in the Canadian Human Rights Act (CHRA), hatred, violence, discrimination or harassment; or
  3. promotes and/or expresses racism, sexism, misogyny, xenophobia, homophobia, ableism, or sexually explicit material.

NAVORD 1020-1

Annex B

Hateful Conduct Incident Tracking and Reporting RCN Standard Operating Procedures

Hateful Conduct Incident Tracking System (HCITS), has been created as a separate system hosted on the Operation HONOUR Tracking and Analysis System (OPHTAS). Its purpose is to conduct performance measurement and analytics on Hateful Conduct within the CAF. All Hateful Conduct incidents are to be entered into HCITS no later than 48 hours after an incident is reported to the Chain of Command. The following procedures shall be followed to ensure consistency throughout all formations/bases within the RCN.

Initial Reporting

  • Unit receives a report of an incident
  • Unit HCITS rep (normally the Executive Officer, Coxswain/Unit Chief) gathers all relevant information pertaining to the case
  • Downloads HCITS field form.
  • Fills HCITS Field form and sends copy (encrypted) to the Formation OPTAHS/HCITS Office of Primary Interest (OPI) Formation OPTAHS/HCITS OPI will then forward (FWD) the form to the Level 1 (L1) HCITS OPI (D NAV P&T 2-3) who will make the data entry into the system

Follow-on Reporting

  • As the investigation progresses updates to HCITS must done by sending encrypted email updates through the Formation OPI who will FWD the info to the L1 OPI.
  • Changes/updates to the HCITS file must be done as soon as the info becomes available to ensure accurate tracking, analysis and reporting to the CRCN.
  • If there is no new information Unit/Formation Reps/OPI need to annotate this in the notes section of the form by informing the L1 OPI. This shall be done monthly to ensure that the file does not go dormant and accurate tracking is achieved.
  • Units are responsible for the files until the investigation is complete and the file is closed.
  • If members under investigation are posted/transferred to another Unit their file must be transferred with them. The gaining Unit will become responsible for all future updates to the L1 OPI.
  • Upon transfer the loosing Unit will inform the Formation OPI of the transfer and FWD the updated info to the L1 OPI.

NAVORD 1020-1

Annex C

Hateful Conduct Incident Management Decision Tree (Flow Chart) (description after image)

Hateful Conduct Incident Management Decision Tree (Flow Chart)

Hateful Conduct Incident Management Decision Tree (Description)

Below is the description of the flow chart:

A. When an incident is disclosed or reported:

  1. Gather facts and consult advisors and the Military Police as required;
  2. Support complainant (see Note 1);
  3. Report higher (CCIR, HCITS) (see Note 2); and
  4. Continue with either steps B or C as described below, depending on the circumstances.

B. When a police investigation is ongoing or required:

If the investigation is sensitive:

  1. If the investigation is sensitive (see Note 3) and disciplinary action is taken, conduct formal administrative action (with DMCA involvement where appropriate) (Note 6). Continue monitoring, follow-up and update HCITS.
  2. If the investigation is sensitive (see Note 3) and disciplinary action is not undertaken, assess the balance of probability (see Note 7). If yes, conduct formal administrative action (with DMCA involvement where appropriate) (Note 6). Continue monitoring, follow-up and update HCITS.
  3. If the investigation is sensitive (see Note 3) and disciplinary action is not undertaken, assess the balance of probability (see Note 7). If no, then close the case (see Note 8).

If the investigation is not sensitive:

  1. If the investigation is not sensitive (see Note 3), conduct initial admin action (see Note 4). If disciplinary action is taken, conduct formal administrative action (with DMCA involvement where appropriate) (Note 6). Continue monitoring, follow-up and update HCITS.
  2. If the investigation is not sensitive (see Note 3), conduct initial admin action (see Note 4). If disciplinary action is not undertaken, assess the balance of probability (see Note 7). If yes, conduct formal administrative action (with DMCA involvement where appropriate) (Note 6). Continue monitoring, follow-up and update HCITS.
  3. If the investigation is not sensitive (see Note 3), conduct initial admin action (see Note 4). If disciplinary action is not undertaken, assess the balance of probability (see Note 7). If no, then close the case (see Note 8).

C. When there is no police investigation or a police investigation is not required:

  1. Conduct initial admin action (see Note 4) and unit investigation (see Note 5). If disciplinary action is taken, conduct formal administrative action (with DMCA involvement where appropriate) (Note 6). Continue monitoring, follow-up and update HCITS.
  2. Conduct initial admin action (see Note 4) and unit investigation (see Note 5). If disciplinary action is not undertaken, assess the balance of probability (see Note 7). If yes, conduct formal administrative action (with DMCA involvement where appropriate) (Note 6). Continue monitoring, follow-up and update HCITS.
  3. Conduct initial admin action (see Note 4) and unit investigation (see Note 5). If disciplinary action is not undertaken, assess the balance of probability (see Note 7). If no, then close the case (see Note 8).

NOTES (from flowchart)

1. In addition to the general support of the chain of command and peers, complainants should be made aware of other support resources including chaplains, mental health services, social workers, or other groups. Additional support resources can be found on the CMP Hateful Conduct Intranet Site.

2. Initial entries into HCITS MUST be done no later than 48hrs (2 working days) after receiving the report. HCITS shall be updated throughout the process as new information becomes available.

3. If the member implicated in the complaint is part of a larger investigation being conducting by Canadian Forces National Investigation Service or Canadian Forces National Counter-Intelligence Unit, taking overt action against them may compromise that investigation. If this is the case, the chain of command should discreetly monitor the member to ensure the safety and security of others.

4. Initial administrative actions should be aimed at ensuring the safety and security of unit members, including the respondent, as well as protecting the integrity of the investigation. They could include removal of the respondent from supervisory roles, separation of the respondent from the complainant and/or other members of the unit, etc.

5. The facts of the situation will influence what kind of investigation is appropriate. This could include disciplinary, summary, harassment, or informal investigations. Units should consult their legal, harassment, or other advisors if there is uncertainty regarding what type of investigation should be conducted.

6. All formal administrative measures must be applied and monitored in accordance with the applicable DAOD(s). Consider Change of Circumstance Report.

7. Regardless of whether disciplinary action was taken, including where charges were laid and a respondent was found not guilty, if the facts suggest that there is ‘balance of probability’ that the respondent engaged in Hateful Conduct, appropriate administrative actions should be taken, determined by the nature and severity of the incident.

8. If the original complainant or anyone else is not satisfied with this outcome, there are options including raising the complaint to the next level of the chain of command, filing a harassment complaint, contacting a local Integrated Conflict and Complaint Management program (ICCM) program, or contacting the CAF Ombudsman.