Past Conduct to be Factored in to National Selection Boards for Promotions

The Canadian Armed Forces (CAF) continues to make fundamental changes based on the 2022 Independent External Comprehensive Review (IECR) by former supreme court Justice Louise Arbour.

In a recent CANFORGEN, the military announced it will be introducing an assessment of past conduct deficiency and how it will factor in to national selection boards for promotion.

The introduction of form DND 4963, Past Conduct Deficiency and the process of including this in promotion selection is based on Recommendation 31 of the IECR.

Recommendation 31

An entire section of the 2022 IECR was devoted to how the CAF conducts national board selection and carries out promotions. The report was conducted to provide a third-party, objective assessment of CAF culture, how it conducts its business, and how the military can be a more inclusive environment.

Recommendation 31, specifically outlines how past behaviour of a promotion candidate for high ranks should be considered in national selection boards.

The recommendation states, “A past misconduct sheet should be prepared for each candidate considered for promotion to the rank of lieutenant colonel/commander or above, or to the rank of chief warrant officer/chief petty officer 1st class, by an appropriate unit under the CMP. The past misconduct review should include anything the CAF deems to be serious misconduct, but should include at a minimum, convictions for criminal code sexual offences and findings of sexual harassment. The CAF should also prepare appropriate guidance to selection boards on how to take past misconduct into account as part of their deliberations and decision-making. Finally, the CA should make appropriate provision in its policy for rehabilitation, including the removal of criminal convictions for a record suspension has been granted.”

Efficient Solutions

Nearly seven months after the IECR was released, then-Minister of National Defence Anita Anand responded to the report and directed the CAF to develop and implement a new document or updated database to record misconduct throughout a member’s career “with the sole purpose of informing promotion-section board deliberations,” stated LGen. Bourgon, Chief of Military Personnel, in CANFORGEN 101/24.

Thus, the military developed DND 4963. Additionally, the reintegration portion of Recommendation 31 has also been addressed in the CANFORGEN.

“Reintegration using restorative approaches fall under the workplace reintegration framework developed by Chief Professional Conduct and Culture. The record suspension aspects of this recommendation fall within, which was modified on June 20, 2022,” reads the CANFORGEN.

Form Process

DND 4963-Past Conduct Deficiency will apply to national selection boards for promotion to the ranks of lieutenant-colonel/commander and above for officer and chief warrant officer/chief petty officer 1st class for non-commissioned members, states the military memo.

For Regular Force selection boards for promotion, the form will be initiated annually by the selection board secretary, who is typically a career manager, on behalf of the promotion authority in coordination with the commanding officers of national board candidates, reads the CANFORGEN.

Once the pertinent information is provided, if there is prior misconduct, there are two possible scenarios.

1. Either the information and misconduct are considered not serious enough to be considered.
2. The misconduct, along with supporting documentation, will be provided to the selection board for consideration as part of their deliberations.

Factors to be Considered

According to the CANFORGEN, there are certain factors to be considered when determining whether past misconduct is relevant to the readiness to perform at the next rank. These factors are:

• “The sentence, finding and or/administrative action imposed
• Member’s rank, experience and position, and leadership role when the misconduct occurred
• The member’s general performance and conduct following the misconduct to present to ascertain the degree the member actively took steps to modify their behaviour.”

Questions regarding this process can be directed through level 1 talent managers to DGMC.