Bill C-77 (Historical)

An Act to amend the National Defence Act and to make related and consequential amendments to other Acts

This enactment amends provisions of the National Defence Act governing the military justice system.
It adds a new Division, entitled “Declaration of Victims Rights”, to the Code of Service Discipline, that specifies that victims of service offences have a right to information, protection, participation and restitution in respect of service offences. It adds or amends several definitions, including “victim” and “military justice system participant”, and specifies who may act on a victim’s behalf for the purposes of that Division.
It amends Part III of that Act to, among other things,
(a) specify the purpose of the Code of Service Discipline and the fundamental purpose of imposing sanctions at summary hearings;
(b) protect the privacy and security of victims and witnesses in proceedings involving certain sexual offences;
(c) specify factors that a military judge is to take into consideration when determining whether to make an exclusion order;
(d) make testimonial aids more accessible to vulnerable witnesses;
(e) allow witnesses to testify using a pseudonym in appropriate cases;
(f) on application, make publication bans for victims under the age of 18 mandatory;
(g) in certain circumstances, require a military judge to inquire of the prosecutor if reasonable steps have been taken to inform the victims of any plea agreement entered into by the accused and the prosecutor;
(h) provide that the acknowledgment of the harm done to the victims and to the community is a sentencing objective;
(i) provide for different ways of presenting victim impact statements;
(j) allow for military impact statements and community impact statements to be considered for all service offences;
(k) provide, as a principle of sentencing, that particular attention should be given to the circumstances of Aboriginal offenders;
(l) provide for the creation, in regulations, of service infractions that can be dealt with by summary hearing;
(m) provide for a scale of sanctions in respect of service infractions and for the principles applicable to those sanctions;
(n) provide for a six-month limitation period in respect of summary hearings; and
(o) provide superior commanders, commanding officers and delegated officers with jurisdiction to conduct a summary hearing in respect of a person charged with having committed a service infraction if the person is at least one rank below the officer conducting the summary hearing.
Finally, the enactment makes related and consequential amendments to certain Acts. Most notably, it amends the Criminal Code to include military justice system participants in the class of persons against whom offences relating to intimidation of a justice system participant can be committed.

National Defence

[Harjit S. Sajjan, Liberal, Minister of National Defence]

Mr. Speaker, our government takes the allegations of sexual misconduct very seriously. No one should feel unsafe at work. That is why we passed Bill C-77, the declaration of victims rights. It puts victims at the core of the military justice system, which reviews unfounded cases. We created the sexual misconduct response centre, which provides confidential 24-7 support to CAF members anywhere in the world.

We know that we have a lot more work to do, and that is the work that we are going to get done. We are going to listen to survivors, and we are going to make sure that a zero-tolerance policy is enforced and that we give confidence to women in the Canadian Armed Forces.

[Harjit S. Sajjan, Liberal, Minister of National Defence]

Mr. Speaker, as we said, we have a lot more work to do, when it comes to supporting the women in the Canadian Armed Forces. There is work that we have done, when it comes to passing Bill C-77, and with the sexual misconduct response centre. We have been taking important steps, but clearly we have a lot more work to do to make sure we have an absolutely harassment-free workplace in the Canadian Armed Forces. That is the work Madam Arbour is doing. The work, when it comes to military justice reforms, will also be presented. We have a lot more work to do. We are going to get this done.

Opposition Motion—Allegations of Sexual Misconduct in the Military

[Salma Zahid, Liberal, Scarborough Centre, ON]

Mr. Speaker, I will be sharing my time with the member of Parliament for Peterborough—Kawartha.

I rise today to discuss an important issue for the women and men who serve our country, and indeed for all Canadians: how we can best ensure that members of the Department of National Defence and the Canadian Armed Forces are guaranteed a safe, respectful and harassment-free work environment.

All members of this House know that Canadians deserve nothing less, and our government will accept nothing less. Our government has always taken allegations of sexual misconduct extremely seriously. Whenever any allegations against anyone in the Canadian Armed Forces have been raised to him, regardless of rank or position, the Minister of National Defence has acted diligently and referred them to the relevant authorities.

When the Minister of National Defence was made aware of the allegations against the then chief of the defence staff in 2018, he acted immediately and they were referred to the Privy Council, which manages order in council appointments. This is the exact same process followed by the previous Conservative government, including the now Leader of the Opposition.

However, we know we need to do more and we need to create better systems. The minister and our entire government continue to take this issue extremely seriously. Though our work is nowhere near done, we have made progress. Our government established the sexual misconduct response centre, or SMRC, which offers members confidential support 24-7 anywhere in the world. I am happy to say that budget 2021 increases our investment in the SMRC.

Since the SMRC operates outside the military chain of command, reporting directly to the deputy minister, it allows affected persons to access support in a confidential manner. The SMRC offers many programs and services to help affected members. One of them is the response and support coordination program, which helps Canadian Armed Forces members navigate systems from the moment they make contact with the SMRC until they decide they no longer require support. At every step of the way, SMRC personnel accompany those affected by sexual violence, providing whatever support may be necessary.

Canadian Armed Forces members seeking information about the reporting process can contact the SMRC to explore their options while remaining anonymous. Civilian members of the defence team can also access support through the SMRC, as well as through the employee assistance program.

Though the SMRC is an important tool, we have not gotten this right yet and our work is far from over. That is why Canada’s defence team is in the midst of a top-to-bottom change of its institutional culture. This is the right thing to do. It is not just a moral imperative; it is also vital to the success of the Canadian Armed Forces now and into the future. Only when members have complete trust in one another can they perform at the highest levels as a team.

Our goal is to create a defence team where all members feel valued, included and supported by their peers and leaders, an organization where sexual misconduct is never ignored, minimized or excused. To achieve this transformation, we must make sure that members of the Canadian Armed Forces and the Department of National Defence who have been affected by sexual misconduct are supported every step of the way.

Last week, we announced some steps to get us there. First of all, the Government of Canada has initiated an independent external comprehensive review led by former Supreme Court Justice Louise Arbour. This review will look into harassment and sexual misconduct in DND and the Canadian Armed Forces and will examine policies, procedures, programs, practices and culture within national defence and make recommendations for improvement. We will learn from what did not work and build on what did.

Second, the Department of National Defence will work with Veterans Affairs Canada to develop a professionally co-facilitated peer support program to assist Canadian Armed Forces members and veterans who have suffered harm as a result of experiencing sexual misconduct in connection with their military service. This peer support program will be available online and in person and is fully resourced through funding included in budget 2021. Budget 2021 also includes funding to enhance other support services, including access to free, independent legal advice, and will help enable Canadian Armed Forces members to access support without making a formal complaint.

Third, we announced that Lieutenant-General Jennie Carignan will begin a new role as the chief of professional conduct and culture, which will unify, integrate and coordinate all policies, programs and activities that currently address systemic misconduct across culture change.

In addition to these steps, our government is following through on its commitment to consult with victims of service offences, which will inform the development of the regulations needed to implement the declaration of victims rights from Bill C-77. National Defence has engaged directly with victims groups and will soon be launching an online questionnaire to collect anonymous feedback from DND employees and Canadian Armed Forces members. To the victims groups that have generously devoted their time and energy to sharing lived experiences and feedback with the government, I want to say this: We have heard everyone; we are taking action and there is much more to come.

Today, I want to highlight some of the resources available to Canadian Armed Forces members to access counselling, advice and other support services. The resources include Canadian Armed Forces medical centres, military chaplains, the Canadian Forces member assistance program, military family resource centres, and the family information line.

Another avenue for members to bring forward concerns or incidents is through one of the 16 complaint management centres, located across the country, under the integrated conflict and complaint management program. This service combines harassment, grievance and alternate dispute resolution approaches in a streamlined fashion. They report, track and resolve complaints of inappropriate behaviour like sexual harassment.

If the nature of the sexual misconduct requires the involvement of the military police and justice system, there are supports for Canadian Armed Forces members during this process as well. The military police have established six sexual offence response teams trained to handle sexual misconduct cases appropriately and with empathy. These teams are sensitive to survivors and help them connect with other resources and support systems they may need.

In addition, the director of military prosecutions has established the sexual misconduct action response team, made up of specially trained prosecutors. Their role, again, is to make sure survivors are treated with compassion and understanding, and that they receive the information and support they need throughout military justice proceedings.

We know that supporting survivors of sexual misconduct is essential, and that is why the military has taken steps to ensure that support is available and provided from the moment a person seeks advice or counsel through investigation and prosecution. Along with future changes, these steps will help build a healthy, safe and inclusive workplace where all people are supported and treated with respect.

We know that there is much more work to be done, and our government will continue consulting with experts and those who have been affected by sexual misconduct.

I know that together we will create a defence workplace where everyone is treated with dignity and respect. We will build the right systems so that when an incident occurs, members of the Canadian Armed Forces and the Department of National Defence have access to a process that is sensitive, fair and compassionate. We are listening—

[Kamal Khera, Liberal, Parliamentary Secretary to the Minister of International Development]

Mr. Speaker, I will be sharing my time with my good friend, the member of Parliament for Oakville North—Burlington, whom I have the privilege of working alongside on so many issues, including in committee on public safety.

Once again, I am thankful for the opportunity to rise today to address the House on a subject that concerns all of us: the well-being of the members of our Canadian Armed Forces and those who support them.

In recent months, Canadians have heard the heart-wrenching accounts of Canadian Armed Forces members and civilian colleagues who have been subjected to behaviours, treatment and experiences that are completely unacceptable. For far too long, their accounts have been ignored.

For instance, opposition members knew of the rumours against General Vance in 2015, yet still appointed him. They appointed him while there was an active Canadian Forces national investigation service investigation into him, and appointed him to the most senior position within the Canadian Armed Forces. The current leader of the official opposition said that he passed along sexual misconduct rumours about General Vance in 2015, claiming those were looked into. I ask my fellow Conservative members, how is this possible, if General Vance was appointed at the same time and the investigation was suddenly dropped?

What our members have endured is wrong. The Canadian Armed Forces is entrusted to keep Canadians safe at home and abroad. The organization owes survivors more. Every Canadian Armed Forces member makes enormous personal sacrifices to protect Canadians and, regardless of rank or gender identity, has an undeniable right to serve in safety. We must and we will live up to that expectation.

The Minister of National Defence has always followed the processes that were put in place when allegations were brought to his attention. This is something he has said publicly, in this House, and it is something he will continue to do. However, as members have no doubt heard from my hon. colleagues, our government is taking important steps to address systemic misconduct within the Canadian Armed Forces to bring about cultural change within the organization.

The need to change the military's culture is born of the reality that the lived experiences of many defence team members are completely out of line with the values professed within the organization and by the organization, which are values of integrity, inclusion and accountability. That needs to change, and we are committed to bringing about that change.

If we want that change to be significant, if we want it to be meaningful and if we want it to last, then we need to reflect honestly on what has been happening. Where we find failings and fault, we must accept responsibility. Where we are able to learn lessons, we must seize the opportunity to build a better organization. Where members of the defence team share their accounts and experiences, we must listen and we must listen very carefully.

The end goal is simple. It is to ensure that every member of the defence team, every member of the Canadian Armed Forces is valued and respected. Defence culture and professional conduct must reflect the core values and ethical principles our military aspires to uphold as a national institution, which is what Canadian Armed Forces members, veterans, recruits, public servants and Canadians deserve and expect of the organization.

It is clear that the measures we have taken already since forming government have not gone far enough and have not moved fast enough. This is why we announced last week that Madame Arbour will conduct an independent review into the Canadian Armed Forces, including the creation of an external reporting system that is independent from the chain of command and meets the needs of those impacted by sexual misconduct and violence. It is also why, in budget 2021, we committed over $236 million to eliminate sexual misconduct and gender-based violence in the Canadian Armed Forces, including expanding the reach of the sexual misconduct response centre and providing online and in-person peer-to-peer support. All options to create a safer future for women serving in the Canadian Armed Forces are going to be considered to change the culture of toxic masculinity that exists in the Canadian Armed Forces.

Last Thursday, the Minister of National Defence announced the creation of a new organization to lead us there. Among the many other initiatives I just talked about, the Department of National Defence appointed Lieutenant-General Jennie Carignan as DND's new chief of professional conduct and culture. Under her leadership, the professional conduct and culture organization will unify, integrate and coordinate all of the policies, programs and activities that address systemic misconduct and support culture change within the forces. The organization will include a new assistant deputy minister who will directly support Lieutenant-General Carignan. The team will bring together members from all ranks and classifications, reflecting the diversity that Canadians expect. Make no mistake. This is not a generic prepackaged solution to a long-standing problem. Before any future steps are taken, those working to bring about change will actively listen to the accounts of people affected, people at every rank, every level and across all regions of this country.

As so many members of the defence team have already shared experiences and recommendations, we do not have to wait before implementing a number of much-needed changes. Lieutenant-General Carignan and her team will take a number of steps to bring about change right away. To start, they will wrap up Operation Honour. Much has already been said about drawing this initiative to a close, but it bears repeating. Lieutenant-General Carignan and her team will review all of the research conducted under Operation Honour so its findings can inform renewed culture change efforts.

This new team will also develop mechanisms to implement the workplace harassment and violence prevention regulations of Bill C-65. It will also support ongoing efforts to bring the remaining provisions of Bill C-77 into force. This includes introducing the declaration of victims rights into the National Defence Act.

The next order of business will be to form a team to establish a framework that will help achieve a number of longer-term goals. It will realign responsibilities, policies and programs that address elements of systemic misconduct across National Defence and the Canadian Armed Forces. It will also simplify and enhance misconduct reporting mechanisms, including for people outside of the chain of command. It will give greater agency to, and strengthen support mechanisms for, those who have experienced misconduct. It will enhance tracking mechanisms, from initial reports of the misconduct to case closures. It will also integrate additional data points, such as intersectionality, reprisals, member satisfaction and retention. Finally, it will lead institutional efforts to develop a professional conduct and culture framework that tackles all types of harmful behaviour, biases and systemic barriers.

So much work has already been done within the department to build healthy, safe and inclusive workplaces. So many organizations are focused on developing programs and policies to move us in the right direction, whether it is the gender-based analysis plus, the integrated conflict and complaint management program, the anti-racism secretariat, the Canadian Armed Forces diversity strategy, Canada's anti-racism strategy or Canada's national action plan on women, peace and security.

The professional conduct and culture organization is being established with the clear understanding that previous culture change efforts have fallen short of what was needed. With the standing up of this new organization, the defence team is taking a fundamentally different approach, an approach that will be more holistic and coherent in addressing the complex challenges faced by the Canadian Armed Forces.

In closing, I would like to reiterate our deepest concern for the well-being of every member of the Canadian defence team. The standing up of the professional conduct and culture organization is a testament to our genuine commitment to protect members of the Canadian Armed Forces. Our government has shown that we are dedicated and committed to creating a lasting culture change across the defence team. That is the goal, and we will do just that.

[Anita Vandenbeld, Liberal, Ottawa West—Nepean, ON]

Madam Speaker, my colleague said it very well. We really need to make sure that we end the toxic, partisan finger-pointing, and all parties get together and focus on what we can do to provide the right supports to survivors. We are not going to get it right every time. In Operation Honour, we did not get it right but we tried certain things. We keep on trying things. We put in legislation to change the justice system, such as Bill C-77. We have put in a whole new institution, which is the SMRC.

We have to build on the things that were done right and then make the changes survivors are asking for. We really need to be listening to survivors and I think that is being lost in this debate today. This is not about the politicians, the men, and who said what or who did what. This is about the people, men and women, who need us right now. They need Parliament to be focused on solutions, on fixing the problem and on doing right by them.

[Anita Vandenbeld, Liberal, Parliamentary Secretary to the Minister of National Defence]

Madam Speaker, I rise today to address this opposition day motion by discussing our efforts to prevent and address sexual misconduct in the Canadian Armed Forces and the department of National Defence.

I want to talk about the efforts that were highlighted during last week's announcement about a new independent external comprehensive review and a new organization dedicated to creating the conditions for enduring cultural reform throughout the armed forces.

We recognize that our past efforts have failed. Serious allegations against senior military officers have cast a pall over the Canadian Armed Forces and the Department of National Defence as a whole. We recognize that our efforts have not fully resolved the problems identified by survivors or delivered the results they deserved.

We have a responsibility to ensure that our people work in an environment where they are treated with dignity and respect. It is a responsibility that we take very seriously. With that in mind, I would like to take a moment to address recent accusations concerning the Minister of National Defence and the allegations against the former chief of defence staff, General Vance.

When the minister met with the then Canadian Armed Forces ombudsman on March 1, 2018, at the very end of the meeting, Mr. Walbourne raised a non-specific allegation against General Vance. Mr. Walbourne did not go into details. Out of respect for the integrity and independence of the investigative process, the minister directed the ombudsman to share the allegations with the appropriate authorities. The matter was shared with the Privy Council Office, which is directly responsible for Governor in Council appointments, including the chief of defence staff.

The fair and unbiased investigation into allegations of wrongdoing is fundamental to our system of justice. It is fundamental to our concept of democracy. Such investigations must never be or even appear to be tainted by political influence. The actions that the minister took were the same as the previous Conservative government. They are the same actions, in fact, that the leader of the opposition took when he received rumours of sexual misconduct regarding General Vance prior to his appointment as chief of the defence staff.

Over the past months, we have heard harrowing accounts from others who have faced sexual misconduct in the line of duty, pointing to serious problems with our institutional culture, and we highlighted the need for comprehensive and lasting change. I have personally heard from many survivors, many of those impacted, and I want to thank them for coming forward and sharing their accounts. It is making a difference. We have listened, and we are taking action.

As the minister announced last Thursday, former justice of the Supreme Court, Madame Louise Arbour, has agreed to lead a new, independent, external, comprehensive review of our institutional policies and culture. This review will build on previous efforts to date, including the Deschamps report.

Through this review, Madame Arbour will provide crucial, tangible recommendations on how we can better protect our people and set the conditions for a lasting culture change. Most notably, we will look to her for guidance and recommendations on how we can set up an independent external reporting system outside of the chain of command for defence team members that meets the needs of those who have experienced sexual misconduct. We will also look to her to help us to ensure that our military justice system can properly respond to incidents and put survivors at the centre of it.

We will strengthen our existing structures on both the military and civilian sides, including the sexual misconduct response centre, to provide greater confidence to those who need support, and to help us review our evaluation and promotion system in the Canadian Armed Forces with a focus on how our organization selects and trains its leaders.

This leadership piece is very important. In fact, this is critical. As we have seen from media reports, the previous Conservative government decided to appoint General Vance as chief of the defence staff, even though he was under active investigation into sexual misconduct by the Canadian Forces National Investigation Service and the current leader of the opposition was personally aware of rumours of sexual misconduct.

Just as the Conservatives were about to appoint their hand-picked choice to lead the Canadian Armed Forces, the commanding officer leading the investigation into General Vance said he was under pressure to drop the investigation. Pressure from whom? Who was behind this pressure? Did the Conservative government push the investigation to be closed, to clear the way for General Vance? These are important questions that I hope my colleagues will address, but I digress.

I mentioned Madame Arbour earlier. Her work will provide crucial, tangible recommendations on how we can better protect our people and set the conditions for lasting culture change. She will carry out this work transparently and independently from the chain of command, with input from appropriate stakeholders inside and outside of the defence team. She will assess our progress in applying the recommendations of the Deschamps report and help us build on those efforts. Throughout the process, she will be able to provide any interim recommendations, which we will act upon as they come in.

In addition to the review by Madame Arbour, we have launched a new organization within the defence team, tasked with setting the conditions for cultural transformation across the institution. That is beginning right now. We know that there are problematic aspects of military culture that can foster sexual misconduct and other harmful behaviours. These are values, beliefs and behaviours that prioritize toughness and aggression over emotional intelligence and cooperation.

These parts of our culture are completely unacceptable. They make us less effective and reliable as an organization. They erode the confidence people have in our institution and, most importantly, they harm those who have chosen to wear the uniform and devoted their lives to keeping us safe.

Under the leadership of Lieutenant-General Jennie Carignan, serving as the chief of professional conduct and culture, this new organization will examine how we can address these toxic parts of our military culture, informed by best practices, as well as experts, advocates and those with lived experience, inside and outside of our military. This organization will unify, integrate and coordinate our existing efforts, including ensuring the interim steps Madame Arbour recommends are addressed immediately and fully. Ultimately, they will provide concrete steps that we can take to prevent sexual misconduct and other harmful behaviours from happening in the first place.

The work that this new organization has been tasked with, and Madame Arbour’s efforts, both take into account the fact that sexual misconduct does not happen in a bubble, nor is it the only harmful behaviour that can leave lasting trauma. To create lasting change, we have to look at the full spectrum of the problem.

We have to examine systemic challenges such as abuses of power, discrimination, biases and negative stereotypes, and address each of them appropriately. We have to shed ourselves of the outdated and toxic notions of what it means to be a warrior, an attitude that can foster these harmful behaviours and values. We have to transform the culture of our military from top to bottom, and we must have the right reporting and investigative structures in place to handle incidents when they occur.

We are deeply committed to building a culture of inclusion across the defence team. With these new initiatives, we are taking active steps to prevent sexual misconduct and other harmful behaviours by looking at our existing structures, and the values and behaviours of our institution.

We are ensuring that every member of our team is treated with dignity and respect at all times. At the same time, we also know that we need to do more to support people when they have been harmed. That is why, through budget 2021, our government is providing over $236 million in funding to expand our support systems to ensure the independence of sexual misconduct allegations and to improve our capacity to handle harassment and gender-based violence through the military justice system. As part of this, we are expanding the reach of our sexual misconduct response centres across the country. This is an important step to ensure that members and veterans who have been affected by military sexual trauma can access the resources and the supports they need.

We have heard from people affected by military sexual trauma and we know that they face different challenges than survivors of other forms of conflict-based trauma. That is why the work that our sexual misconduct response centres do is so important. They have been a key resource for those in our organization affected by sexual misconduct since 2015. They offer 24/7 confidential support and counselling services to anyone who reaches out and, crucially, their work is carried out independently from the military chain of command.

Dr. Denise Preston and her team help members navigate the various support services available to them, both inside and outside the department. They can help members access the right mechanisms to report incidents of sexual misconduct, including a military liaison team made up of a Military Police liaison officer, a special military adviser and a military liaison officer. This team is dedicated to the work of the SMRC and they are experts in their field. They can give members advice about how to make a complaint or about what is involved in an investigative process and they can facilitate reporting if the member chooses to do so.

The SMRC can also assign a dedicated counsellor to support members through the process, including advocating for them, accompanying them to appointments and assisting with workplace accommodations. However, this is just one piece of the work they do.

The SMRC is also working with affected members to develop new programs and create a national survivor-supported strategy and it provides crucial, expert guidance and recommendations that shape the policies and programs we have in place across the defence team.

To support its efforts, budget 2021 also provides funding to develop a new peer-to-peer support program. In the coming weeks and months, we will work with Veterans Affairs Canada, professionals, mental health professionals and those with lived experience to launch this program. It will include both online and in-person support informed by best practices and available to any Canadian Armed Forces member or veteran who has been harmed.

Finally, this funding also ensures that we will continue our efforts to implement the declaration of victims rights in our military justice system.

We have worked extensively with victims groups and we will soon launch an online questionnaire to solicit anonymous feedback from DND employees and Canadian Armed Forces members. Through these efforts, we will make the changes needed to modernize our military justice system in line with the commitments we put forth in Bill C-77. We are dedicated to building a military justice system that takes a victim-centric approach and truly gives victims and survivors a voice. We have already made some important progress implementing Bill C-77 and we will keep doing this critical work.

We want to ensure that we have the best support available when people have been harmed. Through the funding provided in budget 2021, we are doing just that. We know that gaps in our institutional policies led us to fail our fellow team members. We have not lived up to our responsibility to protect our people. We have seen that the values we proclaim to hold dear do not always match people’s lived experiences.

Every defence team member, every Canadian, deserves to work in an environment free from harassment and discrimination, an environment where they are treated with dignity and respect, an environment where they are valued for their skills. However, the past weeks and months have shown us we still have a lot of work to do to make this environment a reality.

For those who have been harmed, I am very truly sorry. We have listened; we are still listening. Our efforts must deal with the issues at the root of the problem. We cannot just treat sexual misconduct on a case-by-case basis. We have also learned that culture change on this scale cannot simply be ordered. It requires active effort from all of us and a strong understanding of the parts of our culture that have caused harm. Our efforts must be comprehensive. They must be lasting. They must address the systemic changes that keep us from moving forward.

I know that many people are skeptical of our efforts, and with good reason. Too much damage has been done. Too many people have been affected.

However, I promise that we will do whatever it takes to transform the culture within our Canadian Armed Forces and get to the root of sexual misconduct and other toxic behaviours.

I also want to make it clear that the measures the minister announced last week are just the first steps based on the conclusions of the independent external comprehensive review.

Under the leadership of the chief of professional conduct and culture, and following the recommendations of other experts dedicated to cultural transformation, we will continue to make progress.

We will do whatever it takes to restore confidence, and we will keep working to ensure a genuine culture of dignity and respect for all those serving in the forces.

National Defence

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

Mr. Speaker, Canadians continue to learn that far too many military members who have experienced sexual assault and misconduct remain trapped in a culture where their voices go unheard. Bill C-77 protects in law the anonymity and security of victims and witnesses in these cases, but failure to implement this critical charter has allowed serious allegations to be ignored, investigations to be shut down and charges to be dropped.

Why has the defence minister, for two years, failed to ensure that the charter of victims in the armed forces is enforced?

[Leona Alleslev, Conservative, Aurora—Oak Ridges—Richmond Hill, ON]

Mr. Speaker, all military members need to be able to report abuse of power and sexual misconduct, confident in the knowledge that they will not suffer further abuse or reprisal. The passing of Bill C-77 in 2019 ensured that the privacy and security of victims within the Canadian Armed Forces was protected in law. However, this key legislation has not been implemented or enforced. Those who come forward still suffer. Why has the defence minister failed to implement the charter of victims in the armed forces?

Opposition Motion—Instructions to the Standing Committee on Ethics and to the Standing Committee on National Defence

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Mr. Speaker, the Liberals are all talk and no action. A case in point is that in 2018, we passed Bill C-77, which would have brought a victims bill of rights to National Defence, and protected the privacy and security of victims and witnesses in proceedings involving certain sexual offences.

Three years after the fact, the Liberals have not even brought that bill into force, and they did nothing to General Vance. For three years they knew there were sexual misconduct allegations against him and evidence of it. Again, the Liberals failed. They failed the women in the Canadian Armed Forces more than anyone else.

It is our responsibility as parliamentarians to get to the bottom of this and shed light on what actually happened to ensure it never happens again.

National Defence

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, it is extremely obvious that more needs to be done and quicker. There is no question about that. Every woman and man who serves in our armed forces deserves to work in a safe environment and have resources and support if they have allegations or experience unwanted behaviours.

However, it is not true that, as the member says, we have not done anything. We passed Bill C-77, a declaration of victims rights that puts victims at the core of the military justice system and reviews unfounded cases. We created the sexual misconduct response centre, which provides confidential, 24/7 support services to CAF members. We implemented the path to dignity and respect, a strategy for long-term culture change. We also put in place the response and support coordination program for CAF members. However, there is more to do, and we will do it.

[Harjit S. Sajjan, Liberal, Minister of National Defence]

Mr. Speaker, I look forward to testifying at committee, but one thing we can agree on is that we do need to do more to make sure that we create an inclusive environment for all in the Canadian Armed Forces, especially when it comes to sexual misconduct.

We have passed Bill C-77, the declaration of victims rights. We have an independent justice review that is ongoing. We also have an independent panel looking at systemic racism and gender bias. We have a lot more work to do, and we are going to continue with that progress.

[Harjit S. Sajjan, Liberal, Minister of National Defence]

Mr. Speaker, we want all survivors to have the confidence to come forward so they can be heard and protected and to make sure their allegations can be investigated.

When it comes to the actions of our government, we will take no lessons from the previous government. Bill C-77, the declaration of victims rights, died on the Order Paper in the previous government, but we passed it. Plus, SMRC currently provides 24/7 support to anyone for these types of matters anywhere in the world.

We will continue this work. We know we have a lot more work to do, but we will not stop or rest until we have zero tolerance.

National Defence Act

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

moved for leave to introduce Bill C-203, an act to amend the National Defence Act (maiming or injuring self or another).

Mr. Speaker, I rise today to introduce a bill that I had sincerely hoped to see adopted in the last Parliament.

The bill aims to remove a significant barrier to members of the Canadian Forces receiving the mental health assistance they need. It would do so by repealing subsection (c) of section 98 of the National Defence Act. This is the archaic section of the National Defence Act that makes self-harm a disciplinary offence in the military code of conduct.

The problem of death by suicide of Canadian Forces members is not going away. We are still losing more than one serving member per month to death by suicide, 17 in 2019 alone. We have lost 212 regular members over the last 15 years and of course the number is much higher when we include reservists and veterans.

Again, I am arguing that removing this section would send a strong message that self-harm is a mental health issue and not something to be addressed by discipline.

This is a matter I first brought forward in the last Parliament as an amendment to Bill C-77, the military justice bill. When that amendment was ruled out of order, I offered this private member's bill as an alternative way of taking the actions necessary to send a positive message to Canadian Forces members struggling with mental health issues. Despite support for my bill by opposition parties in the last Parliament, the Liberals blocked it from moving forward.

Today, I am introducing the bill in a minority Parliament, once again hoping MPs will now listen to the voices of the hundreds of families that have lost loved ones to death by suicide, that MPs will join together in this Parliament to tackle the ongoing challenge of death by suicide in the Canadian Forces and that MPs begin by passing this legislation.

(Motions deemed adopted, bill read the first time and printed)

Supplementary Estimates (A), 2019-20

[Harjit S. Sajjan, Liberal, Vancouver South, BC]

Madam Chair, first of all, the mental health and well-being of our women and men in the Canadian Armed Forces is an absolute priority for us, along with putting in the right investments when it comes to research on PTSD, mental health support and the joint suicide prevention strategy that we launched with Veterans Affairs.

On the exact topic the member is talking about, Bill C-77 was not the place to make those changes. As I have said, we will continue to work with all colleagues in the House and the Senate to address those direct concerns, because there is a much wider discussion to be had on this. I can assure the member that it is something we are taking very seriously.

[Serge Cormier, Liberal, Acadie—Bathurst, NB]

Madam Chair, I appreciate this opportunity to talk about an issue of great importance to all MPs and to all Canadians: the Canadian Armed Forces and the Department of National Defence. I would like to thank the women and men of the Canadian Armed Forces for the excellent work they do every day for this country.

Today I would like to talk about how our government is taking care of Canadian Armed Forces members and their families. As I said before, the women and men of the Canadian Armed Forces and their families are a priority for our government. Our people in uniform are the forces' most valuable asset. Our troops keep Canada safe and contribute to multilateral efforts to make the world safer, more prosperous and more sustainable.

We can have the most modern equipment in the world, work in the greenest facilities, offer the best possible services and have the best possible policies, but none of that matters as much as taking good care of our women and men in uniform. That is why our government and the Minister of National Defence built Canada's defence policy around our people, our troops, our civilian employees and our military families.

Our “Strong, Secure, Engaged” defence policy guarantees that the Canadian Armed Forces will employ more people, that they will be properly prepared to tackle the task at hand and to encourage them to stay on once they have enlisted. In addition, giving our military personnel our full support guarantees that they will have the tools needed to answer the call of duty anytime and anywhere to the best of their ability, so that they may continue to properly defend our country and preserve our values, helping keep Canadians safe. That is why our government promptly introduced initiatives to improve the care provided to our military personnel and their families.

I would like to outline some of those initiatives. Let me begin with those intended for military family members, since they are the strength behind the uniform. Military family members provide ongoing support and step up when their loved ones have to be elsewhere. We recognize the immense contribution they make and we are extremely grateful to them for that. That is why the defence team updated the military family services program. We are providing an additional $6 million a year to military family resource centres.

Through the seamless Canada initiative, we are working with the provinces and territories to facilitate relocation. We also put in place virtual mental health consultation services for the families and deployed support staff abroad to support soldiers anywhere, at any time. We also launched the military spousal employment network to give military spouses access to jobs offered by employers across the country in the public or private sectors.

Another aspect is transition support. Sometimes, as we know, military families continue to deal with some unique challenges when they leave the forces. That is why our commitment to their well-being goes beyond their years of active service. A year ago, we officially established the Canadian Armed Forces transition group. This group, as promised in our policy, provides support to sick and injured members of the Canadian Forces and facilitates the transition for all members, veterans and their families. This is an important first step in improving the care provided to our troops when they transition to a new post or life outside the forces.

A third very important aspect is compensation and benefits. To ensure that members of the Canadian Armed Forces feel supported throughout their career, the government is also ensuring that they receive adequate compensation. We have launched several initiatives to ensure that our military members are well compensated. For example, we have enhanced tax breaks for members who participate in international missions. We have also altered the compensation structure for the reserves so that reservists are paid the same as members of the regular forces for equal work.

A very important issue that we are also tackling is changing the culture of the defence team. We are doing nothing less than changing the way in which we support our troops and their families. Just as important is the fact that we are focusing on changing the culture within the Canadian Armed Forces. That is why we are striving to implement the recommendations concerning the equal treatment of the sexes in all of our programs and policies.

According to “Strong, Secure, Engaged: Canada's Defence Policy”, diversity and inclusion must be prioritized for effective operations and decision-making in the Canadian Armed Forces. We know that diverse and inclusive armed forces are more agile and more effective. This is why we are committed to increasing the proportion of women in the Canadian Armed Forces to 25% by 2026.

We know that the Canadian Armed Forces have not always been welcoming to members from all backgrounds, in particular to LGBTQ2 and visible minority members. We are committed to correcting these mistakes.

In November 2017, the Prime Minister formally apologized to Canadians who had endured discrimination based on their sexual orientation. It never should have happened, and we are committed to eradicating intolerance within the Canadian Armed Forces.

We are currently working with other government partners to follow through on the results of the class action lawsuit over the LGBT purge. Up to $110 million will be set aside to compensate all those who were subjected to these discriminatory practices, including federal public servants, members of the Canadian Armed Forces and members of the RCMP.

We have also implemented reconciliation and commemoration measures. There is the Canada pride citation, which will be awarded to eligible applicants in recognition of their service to Canada and the hardships they endured.

We have learned from the past. Our government will continue to make every effort to ensure that the workplace is welcoming and free from harassment and discrimination. Hateful behaviour, in any form, will not be tolerated. Furthermore, tougher sentences for crimes motivated by prejudice or hate were proposed in our Bill C-77, which received Royal Assent this summer.

This was a defining moment for the military justice system, giving more rights to victims of service offences.

We will also continue to move forward with Operation Honour, the mission of which is to eliminate sexual misconduct in the Canadian Armed Forces.

Two weeks ago, the Federal Court approved a $900-million settlement agreement in the class action lawsuit over sexual misconduct in the CAF and DND. We hope this settlement will serve as recognition of the harm done to victims of sexual misconduct and enable them to turn the page and begin the healing process.

We are proud of the care we provide to members of our Canadian Armed Forces. From the time they first don the uniform to the day they hang it up for good and beyond, we will be there for them and their families. They deserve to be taken care of, and they deserve to be respected. Our government will make sure it does both.

Once again, I commend the men and women of the Canadian Armed Forces for the work they do for us every day.

In my speech I talked about the services we are offering to families. The minister and I had an opportunity to visit the base in Gagetown when I was the parliamentary secretary. I would like to ask him a question about family resource centres and the transition that some men and women have to make when moving from one base to another.

How can those programs make the journey or transition within the Canadian Armed Forces a little easier for members?