Given the nature of the Ombudsman functions, it is not necessary that the position be set out in the National Defence Act . The Ombudsman carries enormous moral authority and credibility in the eyes of the senior decision-makers within the Department and the Canadian Forces, which are derived in large measure from the neutrality and confidentiality of his office and his direct reporting relationship to me. The authority of the position will permit the Ombudsman to be involved in cases that cannot be resolved by the chain of command and to draw attention to any problems in a public way. The Ombudsman will report directly to me and his annual report will be made public. Earlier this year there were reports in the media about a number of incidents or allegations of sexual assault in the military.
Sexual assault is a crime and is treated as such.
In addition to being inherently reprehensible, sexual assaults committed in the military context undermine the ability of members of both sexes to contribute equally to the Canadian Forces mission. Sexual assaults are highly corrosive of morale and unit cohesion. They diminish the mutual respect and trust in fellow members, which is something that underpins military efficiency. Repeal of the current limitation on the trial of sexual assaults committed in Canada would give the Canadian Forces concurrent jurisdiction with civilian authorities in respect of sexual assaults, as is the case for the vast majority of federal offences. The Canadian Forces already have concurrent jurisdiction over virtually all federal offences, including offences of a sexual nature such as sexual exploitation which occur in Canada.