OTTAWA — The Canadian Armed Forces found itself at a crossroads on Monday as the military faced calls to finally end some of its closest-held traditions to end decades of broken promises — including by permanently leaving the prosecution of sexual offences by its members to civilian authorities.
Even as the federal Liberal government, through Defence Minister Anita Anand, promised to provide the political oversight needed to bring about such change, there remained deep skepticism over whether a well-established pattern will repeat itself.
The latest calls for change came Monday in a highly anticipated report by retired Supreme Court justice Louise Arbour, who was tasked last year with charting a way forward after a series of scandals involving allegations of sexual misconduct by some in the upper ranks of the Forces.
The result was a scathing indictment of the Armed Forces’ resistance to change, with the respected jurist who previously served as the United Nations’ top human rights official taking dead aim at many of the military’s most important structures and institutions.
Arbour questioned not only the military’s insistence on investigating and prosecuting incidents of sexual assault, which she said should be permanently transferred to the civilian authorities, but also the way it recruits, trains and promotes service members.
She also questioned the justification for having dedicated military colleges in Kingston, Ont., and St-Jean-sur-Richelieu, Que., which are responsible for grooming future officers but carry a reputation for perpetuating the military’s sexualized culture.
“The continued prevalence of sexual misconduct at the military colleges is well documented, and I think it’s harder to address these issues there than in a civilian environment,” Arbour said during a news conference in Ottawa on Monday.
“I was not in a position to examine in detail the quality of the academic stream, (but) the military leadership and physical training at these colleges is problematic and does not, in my view, justify the continuation of this model as an undergraduate university environment.”
One of the main themes of Arbour’s report was the military’s resistance to past recommendations that had also stemmed from detailed reviews sparked by scandals.
The retired judge painted a picture of foot-dragging and half-hearted action.
The former UN human rights czar nonetheless did not specifically recommend the creation of an independent oversight body, as many experts and observers had requested, but instead called for more involvement and oversight by existing civilian authorities.
“I don’t see the need for an inspector general, if everything else in this report is implemented,” Arbour said of the 48 recommendations contained in her report.
“If you create too many of these so-called oversight bodies, you dilute the political responsibility.”
Still, Arbour revealed that she had repeatedly followed up on her interim recommendation made in October to temporarily transfer the criminal sexual offences to civilian courts.
“Had I not had monthly contact with the prosecuting authorities and the investigating authorities … on a monthly basis, and with the minister, they’d still be drafting the letter to the provincial authorities about how to move forward,” she said.
Anand, who was at the news conference alongside Arbour as well as defence chief Gen. Wayne Eyre and Defence Department deputy minister Bill Matthews, announced that 17 recommendations were being immediately accepted.
Others will need “further analysis, planning and consultation,” Anand added, promising to come report to Parliament on the progress.
One recommendation being reviewed is whether to permanently transfer the investigation and prosecution of cases involving criminal sexual misconduct to civilian authorities.
“This is a system-changing recommendation and we will examine it in earnest,” Anand said.
A recommendation to study the pros and cons of military colleges will also get further review.
One of the accepted recommendations was the appointment of an external monitor who will oversee the implementation of Arbour’s recommendations, with regular reports to the minister and public. Another is for Anand to report to Parliament on those that will not be implemented.
The military has in recent years agreed “in principle” with all recommendations from external sources, before then implementing them half-heartedly or letting them collect dust.
Asked whether she or Prime Minister Justin Trudeau, who was not present for Monday’s news conference, would take responsibility if Arbour’s recommendations fall by the wayside and another scandal occurs, Anand said: “This report will not fall by the wayside.”
“If we do not take this moment for what it is and implement the recommendations that identify deep areas of need for change in the Canadian Armed Forces and the defence team broadly, we run the risk of not being a fully effective military,” she added.
“We must grab the bull by the horns and make the changes now.”
Later Monday, Trudeau said the Liberal government would work “closely and rapidly” with survivor groups and others “to make sure that we’re moving forward in the right way” on the remaining recommendations in the Arbour report.
Federal opposition parties and organizations such as the Royal Canadian Legion wasted no time on Monday calling for the Liberal government to quickly act on Arbour’s recommendations, as well as independent oversight of their implementation.
“We know that one report will not ‘fix’ systemic violence and harassment,” said June Winger, national president of the Union of National Defence Employees. “But this report is a tool that we will use to push the government towards meaningful and concrete actions.”
While experts on military sexual misconduct were largely supportive of Arbour’s report and recommendations, which they described as extremely comprehensive, there was also a fair amount of skepticism about whether it would finally result in real change.
Megan MacKenzie, who studies military sexual misconduct at Simon Fraser University in B.C., said she would have liked to have seen Anand voice stronger support for all the recommendations. She also questioned the appointment of an external monitor.
“Who’s going to be on this external review?” MacKenzie said. “I’m not sure how you can have someone holding the minister accountable who’s an appointee of the minister.”
Charlotte Duval-Lantoine of the Canadian Global Affairs Institute was also concerned about the external monitor’s independence, adding it is now up to the government to ensure Arbour’s recommendations are acted upon — a situation that has previously resulted in failure.
“The ball is in the government’s camp,” Duval-Lantoine said.
“It is up to it to make those recommendations happen, and to make them work for the CAF. This is where we have seen most gaps.”
This report by The Canadian Press was first published May 30, 2022.
TALLAHASSEE, Fla. (AP) — A judge has blocked the head of Florida’s state health department from taking any more action to threaten TV stations over an abortion-rights commercial they’ve been airing.
U.S. District Judge Mark Walker’s ruling Thursday sided with Floridians Protecting Freedom, the group that produced the commercial promoting a ballot measure that would add abortion rights to the state constitution if it passes in the Nov. 5 election. The group filed a lawsuit earlier this week over the state’s communications with stations.
“The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false,’” the judge said in a written opinion.
He added, “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”
State Surgeon General Joseph Ladapo and John Wilson, who was then the top lawyer at the health department before resigning unexpectedly, sent a letter to TV stations on Oct. 3 telling them to stop running an FPF ad, asserting that it was false and dangerous. The letter also says it could be subject to criminal proceedings.
FPF said about 50 stations were running the ad and that most or all of them received the letter — and at least one stopped running the commercial.
The group said the state was wrong when it claimed that assertions in the commercial were false. The state’s objection was to a woman’s assertion that the abortion she received in 2022 after she was diagnosed with a terminal brain tumor would not be allowed under current state law.
The state hasn’t changed its position. In a statement Thursday, a spokesperson for the health department again said that the ads are “unequivocally false.”
The judge’s order bars further action from the state until Oct. 29, when he’s planning a hearing on the question.
The ballot measure is one of nine similar ones across the country, but the campaign over it is the most expensive so far, with ads costing about $160 million, according to the media tracking firm AdImpact. It would require the approval of 60% of voters to be adopted and would override the state law that bans abortion in most cases after the first six weeks of pregnancy, which is before women often realize they’re pregnant.
WASHINGTON (AP) — The blast shook the ground and its red flash of fire covered the doorway as U.S. special operations forces blew open a door during a recent training exercise.
Moments later, in their next attempt, the boom was noticeably suppressed and the blaze a bit smaller, testament to just one of the new technologies that U.S. Special Operations Command is using to limit the brain injuries that have become a growing problem for the military.
From new required testing and blast monitors to reshaping an explosive charge that reduces its blowback on troops, the command is developing new ways to better protect warfighters from such blast overpressure and to evaluate their health risks, particularly during training.
“We have guys lining up to volunteer for these studies,” said retired Sgt. Maj. F. Bowling, a former special operations medic who now works as a contractor at the command. “This is extremely important to the community. They’re very concerned about it.”
The Defense Department does not have good data on the number of troops with blast overpressure problems, which are much harder to detect than a traumatic brain injury.
Traumatic brain injuries are better known and have been a persistent problem among combat forces, including those subjected to missile strikes and explosions that hit nearby.
According to the department’s Traumatic Brain Injury Center of Excellence, more than 20,000 service members were diagnosed with traumatic brain injuries last year. More than 500,000 have been diagnosed since 2000.
Josh Wick, a Pentagon spokesperson, said emerging information from evaluations of both acute blasts and repetitive low-level exposures shows links to adverse effects, such as the inability to sleep, degraded cognitive performance, headaches and dizziness.
“Our top priority remains our forces’ long-term cognitive well-being and operational effectiveness as warfighters,” said Gen. Bryan Fenton, head of U.S. Special Operations Command. “We are committed to understanding and identifying the impacts of blast overpressure on our personnel’s brain health.”
Fenton said research with academics and medical and industry experts is helping find ways to mitigate and treat overpressure. He said cutting-edge technologies are key to reducing the effects of repeated exposures, such as those many of his troops experience.
Out in a remote training area for Army special forces at Fort Liberty in North Carolina, commandos used what they call a Muchete breaching charge, specifically formed into a shape that more precisely directs the blasts and limits the harmful waves coming from an explosion. A small number of journalists were allowed to watch the training.
“The reduction on the blast overpressure coming back on the operator on average is generally between 40 and 60%,” said Chris Wilson, who leads the team at the command that oversees clinical research and other performance-related initiatives. “It really also depends on where somebody is standing. But it’s certainly a pretty dramatic reduction in the exposure. So I think that’s a win.”
Wilson said development and testing of the refined charge is ongoing but that units are using this one now in training until one gets final approval and can be more widely distributed.
Because of the extensive amount of training for special operations forces — both to hone their skills and to prepare for specific operations — troops may practice breaching a door dozens or hundreds of times. As a result, training is where they are most likely to have such repeated exposures. The command wants a better sense of how each person is affected.
During the demonstration, a number of the Army special forces soldiers were wearing small monitors or sensors to help leaders better understand the level of blast pressure that troops are absorbing. The sensors allow officials to compare readings based on where troops were standing and how close they were to the blast.
The command is evaluating a number of blast sensors on the market, and some higher risk troops are already using them. Testing and other studies are continuing with the goal of getting them out across the force in the next couple of years.
According to Wilson and Col. Amanda Robbins, the command’s psychologist, there are distinct differences between acute traumatic brain injuries and what is called long-term blast exposure or blast overpressure.
Traumatic brain injuries, they said, are acute injuries that are relatively well documented and diagnosed. They said repetitive blast exposure needs more attention because there are lots of questions about the impact on the human brain. The damage is far more complex to diagnose and requires more study to establish links between the repetitive blasts and any damage or symptoms.
To aid the research, Special Operations Command is looking at doing more routine testing throughout service members’ careers. One test is a neurocognitive assessment that the command does every three years. Officials also want warfighters to be assessed if they have had a concussion or similar event.
The Defense Department more broadly will require cognitive assessments for all new recruits as part of an effort to protect troops from brain injuries resulting from blast exposures. New guidance released in August requires greater use of protective equipment, minimum “stand-off distances” during certain types of training, and a reduction in the number of people in proximity to blasts.
The other test being done by Special Operations Command is a more subjective comprehensive assessment that catalogs each person’s history of injuries or falls, even as a child. It’s done early to get a baseline.
Robbins said what they have seen is that new, younger operators and those with 20 or more years of experience are more amenable to doing the testing.
“The challenge is going to be in the midcareer operators who may be more concerned about self-reporting potentially having a perceived negative impact,” she said.
She added that the assessment is a way to take into account incidents that may not be in their medical records, so that problems can be identified early on and people can get treatment.
SAN FRANCISCO (AP) — A federal judge on Friday delayed an order requiring Google to open up its Android app store to more competition until an appeals court decides whether to block the shake-up because of legal questions surrounding a jury’s verdict that branded Google as an illegal monopolist.
The delay granted during a court hearing in San Francisco comes less than two weeks after U.S. District Judge James Donato issued a decision that would have forced Google to make sweeping changes to its Play Store for Android smartphones starting Nov. 1.
The mandated changes included a provision that would have required Google to make its library of more than 2 million Android apps available to any rivals that wanted access to the inventory and also distribute the alternative options in its own Play Store.
Google requested Donato’s order be stayed until the Ninth Circuit Court of Appeals could examine the handling of a monthlong trial that led to the December 2023 verdict, which framed the Play Store as an illegal monopoly that stifles innovation and drives up consumer prices.
In Friday’s hearing, Donato scoffed at the notion that Google could succeed in overturning the trial verdict. “The verdict in this case was amply supported by a mountain of evidence about Google’s anti-competitive conduct,” the judge said.
But he decided the Ninth Circuit should be given a chance to consider a postponement until a panel of judges can decide can consider Google’s appeal of the 2023 trial focused on antitrust claims lodged by video game maker Epic Games.
Donato said he wouldn’t be surprised if the Ninth Circuit imposes an even longer delay on his ruling, “but that is for someone else to decide.”
In a statement, Google said it was pleased Donato hit the pause button while it tries to extend the delay even further.
“These remedies threaten Google Play’s ability to provide a safe and secure experience and we look forward to continuing to make our case to protect 100 million U.S. Android users, over 500,000 U.S. developers and thousands of partners who have benefited from our platforms,” Google said.
Epic pointed to Donato’s critical comments about the merits of Google’s appeal in a statement that described the stay as a “procedural step.”
It’s unclear how long the Ninth Circuit will take to decide on Google’s request for a permanent stay of Donato’s ruling while its appeals unfolds — a process that could take more than a year.
In 2021, the Ninth Circuit delayed a provision of another federal judge’s order mandating that Apple allow links to alternative payment systems with apps made for the iPhone as part of another antitrust case brought by Epic.
Although Apple avoided being labeled an illegal monopolist in a trial involving the iPhone app store, it unsuccessfully fought the provision requiring the company to allow alternative payment links within apps. But delaying that requirement preserved Apple’s exclusive control of a payment system that has generated commissions ranging from 15% to 30% on some e-commerce occurring within apps. Apple exhausted its avenue of appeals in the U.S. Supreme Court earlier this year.
Google also pockets billions of dollars annually from a similar commission system within its Play Store for Android phones — a setup that is allowed to continue as long as Google can prevent Donato’s ruling from taking effect.
In its arguments for delaying Donato’s order, Google said it wasn’t being given enough time to make the drastic changes it framed as “a Herculean task creating an unacceptable risk of safety and security failures within the Android ecosystem.” In its Friday statement, Epic blasted Google’s tactics as “fearmongering.”
Google also argued the shake-up would saddle it with unreasonable costs, a contention Donato also brushed aside during Friday’s hearing.
“I don’t want to be glib about it, but the expense that Google might incur appears to be a drop in the bucket compared to the profits it reaps annually from the Play Store,” Donato said.
