ARCHIVED - Canadian Forces Grievance Board - Report

Mostly met

Optimizing the Board's Contribution to Fairness and Transparency – In October 2010, acting on the recommendations of a CF working group which included representation by the Board, the Armed Forces Council, the senior executive body of the CF, approved the introduction, on a trial basis, of a new approach for the referral of grievances. Under the current model, not every grievor has the opportunity to have an external review of their grievance since regulations stipulate that only certain categories of grievances are referred to the Board. Discussions had been underway with the CF to refer grievances to the Board using a "principled approach", in which the Board would review all grievances at the Final Authority (FA) Level for those cases where the CF are unable to find a resolution acceptable to the grievor. In such cases, the Board would provide the benefit of an independent and external review before the CDS renders a decision. The pilot project had a start date of January 1, 2011 and is expected to last to fall 2011. The Board is committed to the success of this innovative model and has already taken the necessary steps to ensure it is fully prepared to respond to the anticipated workload increase associated with this pilot project.

Review of the National Defence Act – The Board continues to seek the implementation of three outstanding recommendations raised by the late Chief Justice Antonio Lamer in his 2003 report². These three recommendations would allow Board members to complete their caseload after the expiration of their term; provide the Board with subpoena power; and establish that the Board's annual report be based on a fiscal year rather than the calendar year. However, the Board noted they were not included in Bill C-41³, which in 2011 died on the order paper. The Board hopes that these recommendations will be included in the next amendments to the NDA.

Improved processes and tools - Increased Operational Efficiency – Operational efficiency remains a priority at the Board in order to respond to its obligation to review grievances "expeditiously" and to contribute to a fair and transparent military grievance process. In 2010, the Board succeeded, for the second consecutive year, in further reducing the average time required for the review of grievances. By March 31, 2011, the elapsed time required for the Board to review a grievance and to issue F&R had been reduced to an average of 3.2 months, for cases received in 2010. This represents an improvement of 67% compared to 2008 (9.6 months), and 47.2% compared to 2009 (6.1 months).

Technology and Work Tools – To achieve its performance and quality objectives, the Board relies on a solid technology infrastructure and ensures its employees have access to the right tools. Several initiatives to increase efficiency and reduce the risk of loss of documents were implemented in 2010. For example:

• The Board is moving towards a paperless work environment by giving priority to electronic exchange and storing of grievance files.
• An advanced video-conferencing system was implemented and successfully integrated into the Board's operations. The system reduces travel costs of Board members residing in different regions of the country and improves communications with the Board's staff in Ottawa. The system can also be used during hearings to receive testimony from witnesses.

Mostly met

Communications in Support of the Board's Mandate – Over the last decade, the Board has dedicated substantial efforts to eliminate a common misconception that it is an organization internal to the Department of National Defence (DND) and the CF. These efforts to pursue a name change over the last several years culminated with the tabling of Bill C-41 which included a provision to change the name of the Board to the Military Grievances External Review Committee. The proposed change is important for the Board, which has been aware for some time that the current name does not reflect its unique and external role. The Board believes that the new name, when adopted, will lead to a better understanding of the specific role for which it was created. The Board is hopeful that this provision will be included in the next amendment to the NDA.

Recommendation from the program evaluation – In 2010, the Board responded to a recommendation from the five-year program evaluation and redefined its communications objectives to ensure closer alignment with its mandate and strategic direction. Three communications objectives were identified. First and foremost, the Board wanted to ensure that all parties involved in the military grievance process understand its role. Second, the Board recognized the importance of having all parties benefit from its unique perspective on matters raised in grievances. Third and finally, as a public organization, the Board reaffirmed its commitment to communicate the results of its work to the citizens of Canada, to whom it is ultimately responsible. The Board engaged in a variety of activities to meet these communications objectives, including:

• Posting new case summaries and recommendations on issues of systemic nature on the CFGB's Web site. Summaries and recommendations provide the reader with a wealth of information on policies and regulations as well as on grievance issues;
• Publications of Perspectives, a newsletter primarily directed to senior officers at DND Headquarters. Through Perspectives, the Board shares with CF decision-makers valuable information about grievance trends and areas of dissatisfaction that come to its attention during the review of individual grievances;
• Publication of a quarterly electronic bulletin available through the Board's Web site. The eBulletin highlights current and interesting cases recently reviewed by the Board;
• A new statistics page on the Web site to provide a global overview, in graphics and numbers, of the Board's F&Rs for cases reviewed over the past five years, and of CDS decisions on these cases; and
• Visits to CF bases to maintain direct communication with members of the CF in their work environment.

At the same time, the Board developed a strategy for obtaining feedback from its various audiences, in order to ensure the effectiveness of its communications. A survey was developed for base personnel attending the Board's presentations during base visits and was administered for the first time in 2010 at the CF Base Borden. Additional surveys are also being developed to secure feedback from readers of the Board's publications and Web site. This feedback will be used to ensure the Board's messaging remains relevant and is consistent with its communications objectives.

Met all

Course adjustment – In 2010, the Board conducted a strategic review of its plans and priorities, in consideration of the unique role it plays in the military grievance process and its expertise as an administrative tribunal. The exercise led to the adoption of a new Strategic Outcome (SO) which now reads: "The Chief of the Defence Staff and members of the Canadian Forces have access to a fair, independent and timely review of military grievances." The new SO more accurately reflects the Board's mandate and vision and was approved as part of the Treasury Board Secretariat amendments process for 2011-12 and future year Estimates. It also represents a strategic adjustment in line with the Board's commitment to maximizing its contribution to the CF grievance process by extending the benefit of a "fair, independent and timely review" to all unresolved military grievances at the Final Authority (FA) level.

A program evaluation was conducted in accordance with the requirement for all government departments and agencies to assess their program every five years. The results of the evaluation, which covered the period from January 2005 to December 2009, validated the Board's strategic direction and priorities. The evaluation concluded that the grievance review program of the CFGB remains relevant, and that the need for an external review of military grievances continues to exist. The evaluation also concluded that the CFGB's objectives support government priorities and that its activities are consistent with federal roles and responsibilities. The evaluation made recommendations in two specific areas: the alignment of the Board's communications activities with its mandate; and the allocation of resources between its internal services and its grievance review program. Acting on these recommendations, the Board developed an action plan to evaluate strategic communications objectives and activities and adjusted the reporting of its financial resources.

Security Priorities – In 2010, the Board undertook a multi-pronged approach to improve all aspects of the organization's safety and security, including: personnel; physical and Information Technology (IT) infrastructure; knowledge; and assets. The Board worked toward developing a Departmental Security Plan. This included both updating its Business Continuity and Resumption Plan and developing a CFGB Threat and Risk Assessment (TRA). The implementation of the action plan arising from the recommendations of the TRA will be carried out in 2011-12.

The Board also developed and implemented improved IT and IM (Information Management) strategies with the intent of upgrading computer workplace systems, rationalizing its technology infrastructure and consolidating its IT security procedures.

Exceeded

In the last three fiscal years, a total of 71 recommendations on systemic issues have been communicated to the Chief of the Defence Staff (CDS). Of these, the CDS accepted 77.8% which merited further study.

Synopses of these and other cases and the associated recommendations can be found on the Board's Website at the following address:
http://www.cfgb-cgfc.gc.ca/English/SR.html

Mostly met

In 2010-11, 63% of recommendations on systemic issues included the interpretation and application of regulations, policies and guidelines. The CDS agreed with the Board on 77% if its recommendations.

Exceeded

This performance indicator was assessed through an evaluation of the CFGB Review of Military Grievances Program – July 2010, Government Consulting Services (GCS).

The evaluation assessed the extent to which the CFGB has: improved regulations, policies, guidelines and the grievance process; helped in the administration of the affairs of the CF; and impacted on the morale of CF members.

With regard to whether or not the CFGB has helped in the administration of affairs of the CF, 80% of interviewees were in agreement. They noted that the CFGB F&Rs raise awareness of areas where policy changes may be needed and help confirm interpretation of policies thereby allowing Initial Authorities (IAs) to be more confident in their decisions. The website and publications also help IA and potential grievors in deciding on how to proceed when issues arise.

The evaluation report can be consulted at the following link:
http://www.cfgb-cgfc.gc.ca/documents/Eval_CFGB_ERMGP0710-e.PDF