Duty of care for civilian ex-partners
Petitioners ask Justice Minister to require CAF/DND to adopt duty-of-care policies for civilian ex-partners and to treat noncompliance with court-ordered disclosure and support as service offences. The government responds that regulations and enforcement exist.
Why we would sign this petition
- Creates a formal duty-of-care and targeted policies to help civilian ex-partners enforce court-ordered financial disclosure and support, addressing access and vulnerability concerns.
- Makes noncompliance subject to service offence procedures, increasing accountability and deterring use of military status to evade obligations.
- Mandated education for chain of command and justice actors could improve enforcement consistency across postings and reduce delays or gaps in compliance.
Why we wouldn’t sign this petition
- The government says it has updated regulations and garnishment processes, so the petition may duplicate existing measures rather than add practical solutions.
- Imposing new duties on CAF/DND could create administrative burdens and complicate military operations, especially given frequent postings and privacy constraints.
- Classifying civil support noncompliance as a service offence raises jurisdictional and due‑process concerns; strengthened civil enforcement or provincial garnishment improvements may be preferable.
The summary and both sets of reasons are AI-generated from the petition and given equal weight. Claims are the petitioners’ own; consult the official record for the full text.
Official petition
Petition to the Minister of Justice Civilian former spouses and partners of military members are more often female, underemployed or unemployed, victims of family violence, live away from their support systems, and cannot afford to return to court to enforce court orders; The Canadian Armed Forces and Department of National Defense have a duty of care to civilian former military family members that is currently being breached; Canadian Armed Forces members are subject to the Code of Service Discipline, even when not on duty or in uniform; Many Canadian Armed Forces members are disobeying court orders for financial disclosure and corollary relief (child and spousal); Civilian former spouses and partners of military members are continually denied assistance in enforcing corollary support orders by the Chain of Command; Canadian Armed Forces members are weaponizing the legal and financial support systems for their financial gain and to continue their abusive behaviours. The Canadian Armed Forces and Department of National Defense are complicit in these acts despite having family violence and abuse policies; and A “service offence” under the NDA is an offence under that Act, the criminal code, or an Act of Parliament, Canadian Armed Forces members who have failed to follow court orders for financial disclosure or corollary relief have prejudiced good order and discipline. We, the undersigned, citizens and residents of Canada, call upon the Minister of Justice to to work with the Canadian Armed Forces and Department of National Defense in developing and deploying duty of care to civilian former spouses and partners of military members policies, including detailed plans to deal with service offences related to court ordered financial disclosure and corollary relief and educating the Chain of Command and Justice System.
Government response
Response by the Minister of National Defence Signed by Sherry Romanado As outlined in Canadian Armed Forces Ethos: Trusted to Serve, Canadian Armed Forces members have a duty to uphold the highest standards of conduct, both on and off duty. Individual and institutional leadership are important to reinforce this ethos, maintain order and discipline, and uphold professional standards. In April 2023, the Canadian Armed Forces created a garnishment registry to simplify the process for applicants and track obligations when Canadian Armed Forces members are posted between provinces. In addition, Chapter 207 of the Queen's Regulations and Orders was amended in 2023 to bring it into alignment with the Garnishment, Attachment and Pension Diversion Act. Article 207.03(2) of the Queen’s Regulations and Orders obliges Commanding Officers to order payment of garnishments or court-ordered debts from their military members.?This duty is non-discretionary – the Commanding Officer must ensure the debt payment be deducted directly from the pay and allowances of the relevant Canadian Armed Forces member as soon as circumstances permit. These changes to regulations, policy, and process seek to improve compliance with provincial garnishment law and reinforce the trusted relationship that the Canadian Armed Forces maintains with all Canadians. In the event this regulation is not complied with, National Defence may exercise administrative and disciplinary options to hold Commanding Officers accountable. The Canadian Armed Forces has a robust two-tiered military justice system under which members can be charged with service infractions or service offences. Service infractions are administrative and non-penal in nature, but address breaches in discipline that are generally less serious than the misconduct covered by service offences. For these infractions, a summary hearing is held at the unit level to determine if the member has committed the service infraction. If so, potential sanctions include reduction in rank and deprivation of pay. Courts martial adjudicate services offences, forms of misconducts of a serious nature, in a formal judicial setting presided over by a military judge.