Sexual Assault & Sexual Misconduct in the CF
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The optics of anything but an all out effort to meet each and every bullet point in the recommendations will be seen as refusal to correct the situation.
Also, it may be that the cheaper way is to go with 100% complete compliance as quickly as possible so we can move on.
Also, it may be that the cheaper way is to go with 100% complete compliance as quickly as possible so we can move on.
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All the stories give the same date - the wheels of justice can, at times, grind sloooooooooooooooooooooooooooooooooooooowly ....Bzzliteyr said:
Blackadder1916
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Strike said:
While not a lawyer, I did note a similar time between offence/arrest and preliminary hearing for another alleged sexual offence case that was discussed on this means.
Re: 4 RN Sailors Charged with Gang Sexual Assault
FJAG
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Strike said:
Bit hard to know the actual facts here but if I have things right then we have incident reported in late April, charges laid in Jul and a preliminary inquiry set for Aug 2nd (2016 presumably. That's not unreasonable or unusual. When individuals appear in order to set a preliminary hearing date then the dates assigned depend on the number of days that the inquiry will take (based on the two lawyers' best estimate) and the first available dates where all of: a provincial court judge, and the two lawyers involved have time available in their schedules. Sometimes, especially where you have a high profile defence lawyer, the delay may be based simply on that lawyer's availability. Crown attorneys generally are more flexible. In some very busy regions/cities judge availability may also be an issue.
Here the appearance to set a date was late September 2015 and a 2 Aug 2016 date is just a touch over ten months and, as I said above, that's not unusual.
:cheers:
Bzzliteyr
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And where does the person that has been charged stay/live/exist during that time? Jail?
I'll admit I haven't the foggiest and have only dealt with military charges that didn't involve my incarceration.
*edited for typo, apparently "asmit" is a word in the dictionary*
I'll admit I haven't the foggiest and have only dealt with military charges that didn't involve my incarceration.
*edited for typo, apparently "asmit" is a word in the dictionary*
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I haven't found anything in media coverage to date, but if he WAS in jail, I'm guessing that would be a pretty big part of the 5W's the media would be mentioning.Bzzliteyr said:
Haggis
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Section 499 of the Criminal Code sets out the conditions under which an accused can be released while awaiting trial.
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MJP said:
In order to remand (keep in jail) someone prior to trial (a time period which can last many months), the Crown must appear before a Judge and argue for why the accused needs to stay in jail. Typically, the argument revolves around being a danger to the public or a pattern has developed where the accused will skip town or commit additional offences.
An accused can also be released immediately following arrest on conditions (or no conditions) and can be jailed to await trial if he has had difficulty adhering to his conditions.
FJAG
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JesseWZ said:
That's not a bad summary.
The area is very complex and the provisions for judicial interim release (ie bail granted by a judge) are found at s 515 of the Criminal Code. See here: http://laws-lois.justice.gc.ca/eng/acts/C-46/page-311.html#h-166
Note particularly subsection 515(10) which lists the circumstances that would justify denying bail.
:cheers:
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http://news.nationalpost.com/full-comment/christie-blatchford-canadas-military-has-its-share-of-men-behaving-badly-but-dont-declare-them-all-disreputable
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I am reminded of the time I was taken from the Bde HQ and sent for Harassment Investigator training. It was drawn out and quite expensive (judging by the amount of outside "talent" being brought in to train us). I never used this training since shortly thereafter it was decided that civilian investigators would be hired instead, which from what I was able to gather were even more expensive.
So we are now reinventing the wheel for the third time (remember SHARP and diversity training?) and creating another alternative bureaucracy to do something which we have the tools to do already. But, as said, it is mostly perception. We must be seen to "do" something.
While I am certainly for finding and removing abusive people, my true objection to this entire exercise is it is built on an assumption of guilt, aligned with some pretty broad and vague definitions of what constitutes abuse. Much like the situation in the 1990's I can well imagine a spate of accusations and investigations as people try the system to settle scores or attack people they don't like, leading to a work environment where everyone is looking over their shoulder wondering if someone, somewhere, will take something out of context and use it against them. I can hardly imagine a more corrosive work environment for everyone.
So we are now reinventing the wheel for the third time (remember SHARP and diversity training?) and creating another alternative bureaucracy to do something which we have the tools to do already. But, as said, it is mostly perception. We must be seen to "do" something.
While I am certainly for finding and removing abusive people, my true objection to this entire exercise is it is built on an assumption of guilt, aligned with some pretty broad and vague definitions of what constitutes abuse. Much like the situation in the 1990's I can well imagine a spate of accusations and investigations as people try the system to settle scores or attack people they don't like, leading to a work environment where everyone is looking over their shoulder wondering if someone, somewhere, will take something out of context and use it against them. I can hardly imagine a more corrosive work environment for everyone.
daftandbarmy
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Sexual Harassment…Some See It…Some Won’t
In the spring of 1980, Redbook magazine invited HBR to conduct a joint survey on the issue of sexual harassment in the workplace. Among the questions that needed to be addressed: How critical is the problem? Is it pervasive? How difficult is it for top management to spot and prevent harassment? Will it be easy to implement the newly issued EEOC guidelines? We surveyed more than 7,000 HBR subscribes, of whom 25% responded. (In its March 1981 issue, Redbook is publishing a separate article on the survey.)
The major conclusions discussed include the following. Most people agree on what harassment is. But men and women disagree strongly on how frequently it occurs. The majority correlate the perceived seriousness of the behavior with the power of the person making the advance. Top management appears isolated from situations involving harassment. Many women, in particular, despair of having traditionally male-dominated management understand how much harassment humiliates and frustrates them, and they despair of having management’s support in resisting it. Most people think that the EEOC guidelines—although reasonable in theory—will be difficult to implement because they are too vague.
The survey clearly shows that management should address this problem, which affects the morale, self-confidence, and efficiency of many workers. On a positive note, respondents suggest specific policies and approaches for management to confront the issue.
https://hbr.org/1981/03/sexual-harassmentsome-see-itsome-wont&cm_sp=Article-_-Links-_-Top%20of%20Page%20Recirculation
In the spring of 1980, Redbook magazine invited HBR to conduct a joint survey on the issue of sexual harassment in the workplace. Among the questions that needed to be addressed: How critical is the problem? Is it pervasive? How difficult is it for top management to spot and prevent harassment? Will it be easy to implement the newly issued EEOC guidelines? We surveyed more than 7,000 HBR subscribes, of whom 25% responded. (In its March 1981 issue, Redbook is publishing a separate article on the survey.)
The major conclusions discussed include the following. Most people agree on what harassment is. But men and women disagree strongly on how frequently it occurs. The majority correlate the perceived seriousness of the behavior with the power of the person making the advance. Top management appears isolated from situations involving harassment. Many women, in particular, despair of having traditionally male-dominated management understand how much harassment humiliates and frustrates them, and they despair of having management’s support in resisting it. Most people think that the EEOC guidelines—although reasonable in theory—will be difficult to implement because they are too vague.
The survey clearly shows that management should address this problem, which affects the morale, self-confidence, and efficiency of many workers. On a positive note, respondents suggest specific policies and approaches for management to confront the issue.
https://hbr.org/1981/03/sexual-harassmentsome-see-itsome-wont&cm_sp=Article-_-Links-_-Top%20of%20Page%20Recirculation
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HMCS Athabaskan sexual assault report sparks investigation
Alleged assault occurred 3 weeks ago while ship was at sea
http://www.cbc.ca/news/canada/nova-scotia/hmcs-athabaskan-sexual-assault-report-1.3349988
Clearly, we're not yet seeing the institutional change that we're striving toward.
However, what's interesting is that, while The Deschamps Report focuses on the sexualized culture of the military that is hostile toward women, the victim of this sexual assault is a male.
Alleged assault occurred 3 weeks ago while ship was at sea
http://www.cbc.ca/news/canada/nova-scotia/hmcs-athabaskan-sexual-assault-report-1.3349988
Clearly, we're not yet seeing the institutional change that we're striving toward.
However, what's interesting is that, while The Deschamps Report focuses on the sexualized culture of the military that is hostile toward women, the victim of this sexual assault is a male.
J
jollyjacktar
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It happens to both sexes in Canadian society and we're a part of that society. I investigated a sexual assault that ocurred at sea on VDQ in the late 90's and was based off the ATH while we completed the investigation. What should be the take away is that these things are thankfully few and far between and hopefully they will continue to shrink in number.
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