SMSRC says independent counsel is knowledgeable about sexual offence prosecution, military justice system
The Sexual Misconduct Support and Resource Centre (SMSRC) has announced that its services now include free, direct legal assistance to those who have experienced sexual misconduct in situations involving the Department of National Defence (DND) or Canadian Armed Forces (CAF).
After this expansion, those who are at least 18 years old may avail of the new service, according to a news release from the DND.
The Independent Legal Assistance (ILA) program now offers the services of a full-time bilingual independent legal counsel knowledgeable about the military justice system and the prosecution of sexual offences.
“The Sexual Misconduct Support and Resource Centre wants to ensure that individuals affected by sexual misconduct in a DND/CAF context have access to the legal help they need, at no cost,” said Martin Gravel, the SMSRC’s chief operations officer, in the news release. “Having an ILA Program Legal Team strengthens our ability to provide supportive and independent legal options and services.”
In its news release, the federal government department shared that the ILA program seeks to help affected individuals understand their legal rights and options and make informed choices in line with their needs, circumstances, and objectives.
“The members who serve our country, and the Defence Team that supports them, deserve a workplace where they feel safe and are treated with dignity and respect,” said David McGuinty, national defence minister, in the news release. “The expansion of the Independent Legal Assistance Program will provide access to legal counsel faster, helping clients understand their rights and options.”
According to the DND, the ILA program provides three classes of legal support:
- general information regarding the law and legal processes, which can educate affected people about how and where to request assistance
- personalized legal advice concerning military and criminal justice systems
- legal representation from the independent legal counsel in military and criminal court proceedings
“I want to thank the SMSRC for the important work they do to support the Defence Team,” McGuinty said in the DND’s news release.
Available services
Since May 2023, those who have suffered through sexual misconduct in a DND/CAF context can seek reimbursement for eligible legal expenses incurred on or after Apr. 1, 2019 if they consulted an external lawyer in Canada, according to the federal government department’s news release.
Budget 2021 set aside funding of $236.2 million over five years to expand the DND’s efforts to address sexual misconduct and gender-based violence within the military and improve internal support services for victims, including by offering free and independent legal advice for those affected and enabling them to access services even without a formal complaint.
Reports from the Third Independent Review Authority to the Minister of National Defence, the Independent External Comprehensive Review, and the CAF/DND Sexual Misconduct Class Action, among others, called for the establishment of the ILA program.
The DND noted that Defence Counsel Services extends assistance to eligible past and present CAF members accused of sexual misconduct. The DND added that some individuals may qualify for provincial or territorial legal aid programs or may choose to hire a civilian lawyer at their own expense.
