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.

Military Justice System Modernization Act

[Lindsay Mathyssen, NDP, London—Fanshawe, ON]

Madam Speaker, this legislation would remove the minister's power of appointing and removing the director of military prosecutions and the director of defence counsel services. Instead, these would become Governor in Council appointments, with the minister having the power to request a public inquiry into potential remedial or disciplinary measures against these directors. It would remove the ability of the judge advocate general to issue instructions to the director of military prosecutions on individual cases. While the director would still be operating under the JAG and could get general instructions, the JAG would no longer be able to direct individual cases.

It would change the title of the Canadian Forces provost marshal to provost marshal general, putting that individual on the same level as the judge advocate general and reporting directly to the minister instead of reporting to the vice chief of the defence staff. It would reverse a component of Harper-era Bill C-15, which gave the vice chief of the defence staff power to issue instructions to the provost marshal on particular cases. It would expand eligibility to submit an interference complaint to the Military Police Complaints Commission. Currently, complaints of interference can only be made by a member of the military police. It would now allow a victim, an individual acting on behalf of a victim or any other person affected by the performance of the policing duty to make a complaint. It would codify some practices from Bill C-77, including that military judges cannot oversee summary hearings and that a military judge cannot be charged with a service infraction.

There would be some major changes to how Canada will treat criminal sexual offences in the military. Again, it is another chapter in Canada's ongoing military sexual trauma crisis, which has spanned decades. For many Canadians, this was first brought to their attention in 1998, when brave women spoke out to Maclean's magazine. There was a four-part series on the systemic sexual harassment and sexual assault in the Canadian Armed Forces and it discussed how violence against women was covered up and how the chain of command looked the other way far too often. This coincided with a public trust crisis in the Canadian Armed Forces, driven by the Somalia affair. The two events spurred several reforms. This included the creation of a Department of National Defence and Canadian Armed Forces ombudsman, the Military Police Complaints Commission, a military grievance external review committee and the decision to move criminal sexual offences into the jurisdiction of the military police, the exact policy this legislation is looking to reverse.

This is the critical point I have heard from many service people. For decades, survivors have felt that while they deserve justice, they have not received that justice. Women, 2SLGBTQ+ and marginalized communities have felt that the Canadian Armed Forces and the federal government are not making the reforms to create space for them. Instead, they feel that the government is reacting to bad press, treating them like a problem to be managed instead of people to be valued. Decades after the government's decision to bring criminal sexual offences into the military police's jurisdiction, The Globe and Mail reported that those feelings were real. Through historic cabinet documents, they found that the then-minister of defence, Art Eggleton, made the transfer simply to end the media coverage of sexual assault in the military. The federal government did not make this change to protect women and men in the armed forces but instead did so to protect itself, hoping people would forget.

However, survivors have continued fighting for a change, and their organizing has brought the spotlight onto harmful military culture again and again. Their perseverance has led to multiple investigations into the military justice system. To date, this has included the 2015 report by Justice Deschamps, the 2021 report by Justice Fish, an Auditor General's report, two reports by the Standing Committee on the Status of Women, and, of course, Arbour's report. I want to also include the recent history-making report by the Standing Committee on Veterans Affairs on women's health.

Supporting survivors of military sexual trauma is generational. Even before my time in the House of Commons, my mother, Irene Mathyssen, worked on this issue and spoke with many women about their experience. They have told me that, for so many, she was the first member of Parliament to believe them and to hear them. She saw the urgency of this crisis, and she fought for women in the military and victims of military sexual trauma. When I was elected, I joined the NDP team as the critic for the status of women. When the scandals broke, involving the most senior military officials being perpetrators and enablers of sexual misconduct, we saw the Standing Committee on National Defence get caught up in the partisan politics of this place. I saw parliamentarians weaponize the experience of these survivors to score political points against each other and I saw endless filibustering. However, women parliamentarians from across the political spectrum knew that survivors deserved better.

We brought this study to the status of women committee, and I heard the stories of these brave survivors. I promised them and myself that I would fight for them and I am honoured that they trusted me with their experiences and asked me to help them make the change. I can never forget that promise. I now serve as the critic for national defence, and I have used every opportunity to push for that change. I have challenged every minister, every departmental official and every senior CAF official to move on the long list of recommendations that can create meaningful culture change.

The Canadian Armed Forces has been criticized for being slow to enact recommendations from these reports. Justice Arbour emphasized the need for greater civilian input and oversight within the military to cut through the systemic resistance to change. When the current President of the Treasury Board was the minister of national defence, she announced, on December 13, 2022, that she would accept all of Justice Arbour's recommendations and bring forward a plan to enact these changes, including this legislation. The government announced an immediate transfer of all active criminal sexual investigations to civilian courts. However, this did not happen entirely. Approximately half of cases remained in the military justice system without a clear explanation as to why.

Of the cases that were transferred, the existing concurrent jurisdiction between the military police and civilian authorities caused major problems. Retired Corporal Arianna Nolet was one of the first military sexual trauma victims to have her case transferred to civilian courts. Last September, her case was stayed due to time delays in the back-and-forth between military and civilian police. The cause of the delays was twofold. First, civilian authorities were wary of taking over the case and, due to concurrent jurisdiction, they were not mandated to accept the case. Second, the transfer of the case files by the military police was significantly delayed. Military police dragged their feet every step of the way, leaving what the judge called an “albatross of nine months of delay under the military justice system clasped suddenly around [the case's] neck, [which] was irretrievably locked up in the civilian system”. That albatross meant a survivor was denied her day in court. The case was thrown out of court under timely-trial rules. When that case was thrown out, the minister of defence said it was a unique circumstance, but we have seen several cases have the same fate.

One of Canada's most prominent military law experts, retired Colonel Michel Drapeau, said the law must be changed to end concurrent jurisdiction, and as long as we transfer cases between two jurisdictions, we will see more and more cases stayed. Drapeau, who wrote the main book on military law in Canada, said the government should have immediately brought forward a short bill, a page, to amend the National Defence Act and simply add criminal sexual offences to the list of crimes the military cannot handle. With that simple change, we could have prevented the cases that were transferred from being stayed.

That is why, last year, I brought forward my bill, Bill C-363, which would have done exactly that. Because of my place in the lottery for Private Members' Business, the bill was not debated. However, I wanted to send a message to the minister that we need urgency. We needed action as soon as possible to end the tug-of-war over jurisdiction and ensure that all survivors who have their cases transferred would have their day in court.

There are still many cases moving forward in this confusing tug-of-war, and there is no indication that the transfer is getting smoother because this is not about procedure and it is not about making technocratic deals with provinces; this is about power. This is about a system designed to cover up problems, to revictimize survivors and to maintain the status quo. That is why there is so much urgency to fix this problem and why the NDP is supporting bringing this bill to committee quickly.

However, let me be clear: With just this legislation, the government is not fully delivering the changes needed and this cannot be the last chapter in our fight. When the Minister of National Defence announced the legislation, I heard from countless women and men, survivors of military sexual trauma, about their frustration with the current government. They told me that they were never consulted by the government on the legislation. Much like they saw in 1998, they were seeing another checking-of-a-box exercise, so they once again felt invisible.

We cannot make legislation about survivors without survivors. We cannot treat survivors as a communications problem to be solved or a legal liability to be avoided. They are women and men who have stepped forward to protect our country, who are willing to put their lives on the line when the federal government deploys them. Parliamentarians have a moral, sacred obligation to do everything they can to protect them and not revictimize those who have faced institutional betrayal.

I have spent the summer in conversation with dozens of survivors with first-hand experience of reporting their cases in the military and civilian justice systems and they need to be consulted. That is why we need to get this legislation to committee quickly, where we can centre on the voices of survivors and, through amendment, give them a voice in this change.

I do not have enough time to speak about all of them, but some of the feelings and ideas I heard about need to make it to the committee study. I would like to provide a bit of context today.

First and foremost, we need to end the framing of this problem as a criminal justice issue alone. It is easy to say the sexual misconduct was carried out by a few bad apples, that it was the old boys' club covering up for their buddies, and by swapping people around, we could end it, or that this is about a handful of truly horrific random acts of violence. Criminal sexual offences do not come out of nowhere. This is a result of a permissive environment, a culture that encourages gendered and power dynamics, that allows powerful men to test and push boundaries over and over without anyone speaking up.

If we only focus on criminal justice reform and not on tough conversations around institutional culture change, we are not doing justice for survivors. It is not enough to hold perpetrators accountable. We must get to the roots of, and prevent, sexual violence. We cannot put all the resources and energy for change into a legal reform basket. We need a top-down review of the CAF, from recruitment and training to the health care system, promotions and so much more.

I also heard concerns that the Criminal Code focus of this bill is not addressing the escalatory nature of sexual misconduct and could create problems with drawing the line between acceptable and unacceptable behaviours. I heard that many survivors have lost faith in the justice system as a whole, and the divide between civilian and military justice does not address that loss of faith. The problems of the civilian justice system must be addressed.

I heard concerns that this legislation could continue the rotten-apple theory that the problem is a handful of powerful perpetrators who need to be stopped instead of a wider institutional and cultural driver. I heard that there need to be more options for survivors to get justice, not fewer. There need to be greater opportunities and supports toward pursuing human rights court cases and non-criminal cases, as well as opportunities for restorative justice. Survivors need more agency and more say in how their cases move forward.

I heard that survivors need greater supports and information, including legal services, prior to reporting to be fully informed on the process. I heard many conversations about whether the bill is protecting investigations from chain-of-command interference. There are concerns around civilian police gaining access to conduct new investigations, collect evidence and access necessary information for historical cases.

I heard concerns about the expertise and preparedness of the civilian system with regard to military cases. These included concerns about local police units' connections with current or former military personnel, resources of civilian police, jurisdictions between and across provinces, willingness to open complex cases, the ability to understand and access military records and spaces, and the need for a dedicated national team.

I heard concerns about the creation of new senior positions, changes to military judge appointments, and the need to ensure accountability, scrutiny of appointments and an openness to voices outside of the old guard. I heard concerns about pursuing aspects of a criminal case that are illegal under the National Defence Act but not currently codified in the Criminal Code of Canada. I heard of the need to ensure that this reform is not set in stone forever and that research and legislative reviews are proactively scheduled to ensure this legislative change is having the intended impact.

I heard strong concerns about international misconduct cases, including the collection and preservation of evidence and the ability of the military justice system to handle these cases. I heard strong concerns that the members of the cadets, the reserves and the navy, and civilian employees on base were not adequately considered in this legislation. I heard strong concerns that members who are not on base cannot access the same quality of services and supports and that new supports in this bill do not adequately address this gap.

I heard that the new rules on the victim's liaison officer positions need to be reconsidered and strengthened and that there is a need for a legal and policy advocate independent from the chain of command. I heard some talk about the importance of underlining that this is not only a women's issue and increasing outreach to all service members.

That is just a bit of what I heard. However, there was one unified message from everyone we spoke to: This bill is simply not enough. This cannot be the be-all and end-all. Survivors will not remain invisible. Culture change is not something that happens overnight, and I understand that, nor can it be fixed by one piece of legislation. This is an issue that the government and all of us in this place must be committed to.

I will conclude as I started. Generations of military sexual trauma survivors have felt invisible. They have fought every day to demand that we fulfill our responsibility to protect everyone who serves. When the bill gets to committee, we will hear from survivors. We will centre their voices and their proposals, because we cannot make this legislation about survivors without survivors.

[Bill Blair, Liberal, Minister of National Defence]

moved that Bill C-66, an act to amend the National Defence Act and other Acts, be read the second time and referred to a committee.

Mr. Speaker, as indicated, I have the privilege today to begin debate on the second reading of Bill C-66, the military justice system modernization act.

If I may, I would like to begin by first acknowledging and thanking the thousands of witnesses, advocates and survivors who have generously and courageously offered their advice and their experience on the important matters that are before us in the bill.

I would also like to commend the important work and advice of Madam Justice Arbour and Justice Fish for the advice they have provided, which has so well informed this work.

I also would like to take the opportunity to thank the dedicated members of the Canadian Armed Forces, the Department of National Defence, the Department of Justice and my ministry for their tireless work on this important bill.

Every single day in Canada and around the world, the Department of National Defence's public service employees and Canadian Armed Forces members come to work in service of their country and their fellow citizens. As the international rules that keep us all safe have come under increased threat, their task is crucial, and their ability to respond to global challenges is becoming even more important.

To effectively do their jobs, DND's public service employees and CAF members must feel protected, respected and empowered to serve. In other words, changing the culture of DND and CAF is not just simply the right thing to do; it is also essential to the readiness and operational effectiveness of our institution.

From the very first day I was appointed as Canada's Minister of National Defence, I have tried to make it very clear that my most important responsibility is to ensure that the Canadian Armed Forces' members go to work in an environment that fosters and enables their excellence. They must be provided with a work environment where they feel safe and supported while they do the critical work of protecting our nation and its people. That includes that no one at National Defence and the Canadian Armed Forces is subjected to harassment, misconduct or discrimination.

It also includes ensuring that all of our members have access to justice. Our people, after all, must be always at the heart of everything we do. They protect Canadians here at home, defend our sovereignty and respond to natural disasters to keep Canadians safe. They stand on the eastern flank of NATO. They train Ukrainians with the skills they need to fight and win. They work with our partners to ensure a free and open Indo-Pacific.

It is our responsibility to protect our people in uniform and civilians, and support them. To do so, we need to modernize our military justice system in order to rebuild trust in it. That is precisely what Bill C-66 aims to do. It proposes a suite of amendments to the National Defence Act to bolster confidence in the military justice system for all of our people.

Let me share some of the key changes the bill proposes. After months of work, hundreds of interviews and the review of thousands of documents, former Supreme Court Justice Louise Arbour provided the government with 48 recommendations to build a more inclusive military where all members are protected, respected and empowered to serve. We must and we will implement all of these recommendations.

In December 2022, my predecessor, now the President of the Treasury Board, directed National Defence to move forward on all 48 of Justice Arbour's recommendations and issued a detailed plan on how we will take action in response to each of them. Since then, we have made some very important and tangible progress. To date, approximately 20 of these recommendations have been implemented, and we are currently on track to address all 48 recommendations by the end of next year.

Recommendation 5 is the only recommendation from Justice Arbour that requires that it be implemented through legislation, so the legislation before us proposes to address recommendation 5 by removing the jurisdiction of the Canadian Armed Forces over Criminal Code sexual offences committed in Canada.

The legislation would give exclusive jurisdiction over these offences to the civilian justice system. Justice Arbour made this recommendation for a very clear reason. She stated that concurrent jurisdiction, jurisdiction that is both in the military and civilian justice system over such offences, “has had the opposite effect to that intended; it has not increased discipline, efficiency or morale, and it has not generated the confidence it would need....Rather, it has contributed to an erosion of public and CAF member confidence.” Madam Arbour went on to highlight the urgency of ending concurrent jurisdiction, to give clarity and certainty to all actors in the justice system and to ensure fairness and justice to survivors.

Under the proposed legislation, the Canadian Armed Forces would no longer have jurisdiction to investigate and prosecute any Criminal Code sexual offences committed in Canada. Instead, that jurisdiction would rest exclusively with civilian authorities.

Bill C-66 also addresses eight of the recommendations from former Supreme Court justice Fish through an independent review. It proposes to modify the important process for key military justice authorities to remove any real or perceived influence from the chain of command. It also proposes to expand the eligibility criteria for military judges to include non-commissioned members so that we can help diversify the pool of potential candidates, and it proposes to expand the class of persons who can make an interference complaint to the Military Police Complaints Commission.

In addition to addressing the recommendations from Justice Arbour and Justice Fish, Bill C-66 would also take additional steps to ensure the confidence and integrity of our military justice system. It proposes to exclude military judges from the summary hearing system, and it proposes to provide additional supports for survivors by expanding access to victims' liaison officers to individuals acting on behalf of the victim under the Declaration of Victims' Rights.

These proposed amendments are comprehensive, as they are required to be, and they incorporate the feedback and the needs of those who have been directly affected by sexual misconduct. The chief professional conduct and culture has conducted engagements with over 16,000 national defence personnel and Canadian Armed Forces members, as well as external stakeholders, in order to listen and to learn from their experience.

We have also consulted with current and former DND and CAF personnel, including those affected by conduct deficiencies of a sexual nature, harassment of a sexual nature, crimes of a sexual nature; victim advocacy groups; and military justice actors. In these consultations, we have heard overwhelmingly about the need for concrete and durable military justice reform in order to maintain trust in the system, and we have heard clear support for removing CAF jurisdiction of Criminal Code sexual offences committed in Canada.

We have heard the voices of our people loudly and clearly. We have listened and we have acted. We now know as well that there is much more work to do, but we are making concrete and measurable progress. Bill C-66, we believe, is an important step in a journey designed to achieve durable and lasting institutional reform. I hope that every member of the House will support this crucial legislation.

Let me also address some of the other work that we are doing to better support our people and to give them procedural fairness and access to justice that they deserve.

Since December 2021, 100 per cent of all new Criminal Code sexual offence charges have been laid in our civilian justice system. No new Criminal Code sexual offences are being adjudicated within the military justice system. In June 2022, Bill C-77 came into force, which established the Declaration of Victims' Rights. That includes the creation of victims' liaison officers to better assist victims in understanding and accessing their rights.

We developed a military-wide online brief on victims rights and the summary hearing process in order to promote awareness of changes in the military justice system so that victims, witnesses and military justice actors know exactly what to do when an incident of misconduct occurs. In budget 2022, we allocated over $100 million over six years to support the modernization of the military justice system, as well as other cultural change efforts.

We are also making progress in implementing the recommendations that have been made by Justice Arbour and Justice Fish. Members of the Canadian Armed Forces can now take their complaints for sexual harassment or discrimination on the basis of sex directly to the Canadian Human Rights Commission. This is precisely in line with recommendations 7 and 9 made by Justice Arbour.

We have addressed recommendation 11 from Justice Arbour by repealing the duty-to-report regulations. We have addressed recommendation 14 by agreeing to reimburse eligible legal costs for those who have been affected by sexual misconduct. We are also implementing recommendation 20 from Justice Arbour's report.

We announced in “Our North, Strong and Free” that we are going to establish a probationary period to enable faster enrolment of applicants, and where necessary, timely removal of those who do not adhere to our requirements of conduct. We have also strengthened the promotion process for senior leaders to better assess character, talent and competence.

In response to recommendation 29, I have also appointed the Canadian Military Colleges Review Board. This board is focused on reviewing the current quality of education, socialization and military training that takes place at our colleges, and I have been sufficiently clear that their cultures need to change significantly. We have launched an online database to make our conduct and culture research and policies more open and accessible, which is also in line with recommendation 45 from Justice Arbour.

As we deliver these meaningful reforms, we are committed to the highest standards of openness and accountability. That is precisely why we appointed Madam Jocelyne Therrien in the role of external monitor. Her role is critically important. She is overseeing the implementation of all of Justice Arbour's recommendations and providing Canadians with public progress reports on a regular basis.

In fact, Madam Therrien released her third biennial report earlier this year in May. It notes our progress on bringing about the change that will re-establish trust in the Canadian Armed Forces as a professional, inclusive workplace. In addition, she identified that there is a lot more work to do and that we have to move faster. I want to express my gratitude for Madam Therrien's work and her honest assessment as we continue building a respectful and inclusive institution.

In order to help drive these efforts, we have also developed the comprehensive implementation plan to prioritize and sequence our work right across the National Defence and Canadian Armed Forces portfolio to address the recommendations from Justice Arbour and Justice Fish, as well as the minister's advisory panel, the anti-racism report and the national apology advisory committee board, which was developed to provide recommendations for Canada's historic apology to the descendants of the No. 2 Construction Battalion.

We will continue working on all fronts, because it is critical to the well-being of our people and for the CAF's operational effectiveness.

As I said at the very outset of my remarks, we are committed to building a workplace culture where every member of National Defence and the Canadian Armed Forces feels protected, supported, respected and empowered to serve. Our commitment to building a better military culture is highlighted by our updated defence policy, “Our North, Strong and Free”. It is evident in our Canadian Armed Forces ethos, “Trusted to Serve”.

In these documents, we have made it very clear that conduct deficiencies, harassment, discrimination and violence in any form must not be allowed to develop or remain within our institution because they cause deep harm to our people. They fundamentally undermine our mandate, our mission and our effectiveness, and they erode the trust that Canadians place in us.

Therefore we are working hard to build a more modern and inclusive military culture in which Canadians from all walks of life can serve their country. That work is being led by the chief professional conduct and culture, the CPCC. This office was created in 2021. The CPCC serves as the single authority for professional conduct and culture at National Defence. The position was initially led by General Jennie Carignan. Of course now it is being led by Lieutenant-General Prévost, as General Carignan is our new chief of defence.

It has consulted with 16,000 DND personnel, Canadian Forces members and external stakeholders, and those consultations have deeply informed our work. It has enabled us to better understand the lived experiences of our people. It has enabled us to proceed on our culture of change work from a place of knowledge, understanding, support and compassion. Culture change requires a systemic, sustained and continuing effort. It is not just the right thing to do; it is also the smart thing to do. It is essential to our operational effectiveness.

We will continue to listen and learn from people across National Defence and the Canadian Armed Forces. We will continue to work with external stakeholders and partners as we work toward building a safer and more inclusive work environment. I believe we are making real and tangible progress, but there is always much more work to do.

At the same time, as we modernize our military justice system and change our culture, we also need to ensure that the survivors of sexual assault and misconduct always get the support, care, respect, compassion and resources they need. Much of that work comes from the Sexual Misconduct Support and Resource Centre. This is a centre that is independent of the chain of command.

It provides expert advice, guidance and recommendations to the military and National Defence on all matters relating to sexual misconduct. That includes a 24-7 support line where members can receive confidential support and information on options, and guidance on supporting others, as well as referrals to care and service operations. It also runs the response and support coordination program to provide individuals who have experience sexual misconduct in the DND and CAF environments with a dedicated civilian counsellor who can help them access health services, prepare for police interviews and very much more.

The Sexual Misconduct Support and Resource Centre also runs a grant program to fund community-based programs to broaden the range of support services that will be available to the wider defence community. It offers peer support programs and partnerships with Veterans Affairs Canada.

We have more work to do to support those affected by misconduct. That is why last year we launched the independent legal assistance program, which will provide reimbursement of legal expenses incurred on or after April 1, 2019 as a result of sexual misconduct in the DND and CAF environments. That is in line with Justice Arbour's recommendation 14, and we have responded. The program is also working toward facilitating direct access to legal information, legal advice and legal representation.

The work that I have outlined today is comprehensive in scope, but we need to do more and we will do more. A very important step in doing more is passing this legislation. Doing more is going to give exclusive jurisdiction over Criminal Code sexual offences in Canada to the civilian justice system, exactly as Madam Arbour has recommended.

We need to give clarity and certainty to victims and survivors, and we need to build a more modern military justice system that can maintain the confidence of the people it serves. By getting this done, I believe we will improve the operational effectiveness of our armed forces. Getting this done will help us attract and retain even more talented Canadians from right across the country. It will show them that as members of our military, they have access to a fair and modern justice system and reliable resources if they ever suffer harm.

Above all else, this is the right thing to do for our people, for our military and for our country. I believe it will help us rebuild the trust that may have been lost. It will keep our people safer and better supported, and it will help to ensure that the Canadian Armed Forces has the culture, the people, the institutions and all of the support and resources it needs to keep this country safe now and in the decades to come.

National Defence

[Anita Anand, Liberal, Minister of National Defence]

Mr. Speaker, our government takes the issues raised by the member opposite very seriously. That is why on November 4, I moved, as minister, to accept the interim recommendations of Madame Arbour. That is why we offered an apology today. That is why we are going to be moving very quickly after we receive the final recommendations of Madame Arbour. That why we are implementing Bill C-77.

Our government takes the issues raised in the question very seriously and we will work very hard to regain the confidence of Canadians in the Canadian Armed Forces.

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

Mr. Speaker, we will stay focused on supporting survivors. We know that we have considerable work to do, but we also have started a lot of work. We passed Bill C-77, whereas the previous government let it die on the Order Paper. We have also committed $236 million in budget 2021 to end sexual misconduct. We will get it done.

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

Mr. Speaker, when it comes to the work of the committee, it makes its own decisions, but I look forward to the recommendations on which the members have been working. I know our members of the committee are absolutely committed to supporting survivors. The antics that the opposition continues to make are to prevent that work.

Our government has worked since we formed a government on providing support to survivors, with the passing of Bill C-77. We know that we have a lot more work to do and we will continue to do it.

Opposition Motion—Censure of the Minister of National Defence

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

Mr. Speaker, I disagree with the premise of the question. I believe that the Minister of National Defence has tremendous respect and has, in fact, made sure that the women and men of the Canadian Armed Forces are front and centre in everything we do.

Colleagues can see that through a number of the things he has done. We have put the SMRC in place. We have put in legislation, through Bill C-77, to create a victims' bill of rights. We have done a review of all unfounded cases. We have created the path to dignity and respect. He commissioned the Fish report on the military justice system. We have settled the Heyder Beattie case instead of dragging it out in court. We have created Seamless Canada to make sure that the families of people in our military are taken care of.

This is a minister who has spent his career serving and protecting, and he has always put the men and women of the Canadian Armed Forces first.

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

Mr. Speaker, I have been listening to the debate, and I must say that I am very disappointed. Instead of working together in the House and at committee, where Liberal members have been trying to work in good faith, we are debating this motion today. We should be working together across the aisle to address survivors and their needs, and to change the culture of toxic masculinity that exists in the Canadian Armed Forces.

Both at committee and in the House, Liberal members have tried in good faith to put forward concrete suggestions that will really make a difference for the women and men in the Canadian Armed Forces. I am very disappointed with the opposition. The Conservatives have chosen to take an entire day of debate to make personal and baseless attacks against the minister.

The Minister of National Defence is one of the most honourable individuals I have ever met. He has served this country, both in uniform and in the House. He has broken down barriers as the first Sikh commander of a regiment, and I have personally seen his commitment to inclusion and equality as an ally. The aspersions that we are hearing today against him in the House are based on half-truths and blatant partisanship. The Minister of National Defence deserves our thanks and our respect.

Today in my remarks, I would like to focus on the achievements since 2015, under this minister's leadership, to build a modern, agile and inclusive Canadian Armed Forces.

Since 2015, we have worked hard to provide defence team members with everything they need to succeed both here at home and around the world. We have significantly invested in important procurement projects for our brave women and men serving in the army, navy and air force. We have ensured that everything we do is carried out with an eye toward environmental sustainability, and we have made progress building a more inclusive, safe and welcoming environment for all members.

In each of these lines of effort, we are guided by a robust and comprehensive defence policy: “Strong, Secure, Engaged”. It is a policy that puts our people first. In fact, it is the very first chapter. It makes sure that we are accountable to Canadians.

However, at the same time, the Minister of National Defence and I recognize that we need to do more. It is clear that the Department of National Defence and the Canadian Armed Forces are in need of significant institutional culture change. It is clear that there are those who have been harmed by the remnants of an outdated, exclusionary and toxic military culture.

As the minister said earlier, we are dealing with issues such as inequality, racism, systemic discrimination, sexual misconduct and abuse of power. These challenges are undermining the capacity of the armed forces to keep Canadians safe. They are eroding trust in the institution and, more importantly, they are hurting the people who chose to serve our country.

We are taking important steps to address all of these challenges as we continue with our other important work.

I want to take some time today to give an overview of the important work going on across the entire department. First, I want to talk about the work we are doing to support our people and drive culture change.

When we launched the defence policy in 2017, our goal was to ensure that our people are at the heart of everything we do. We launched important new initiatives to support their health and well-being at all stages of their careers, and we committed to taking care of their loved ones as well.

These programs have helped thousands of CAF members over the last four years, but at the same time, we know that we have to do more for them, because we know that investing in the well-being of those tasked with our protection is and should always be our top priority. We need to create a culture of dignity, respect and inclusion for all members at all levels, military or civilian.

We are committed to making comprehensive and lasting change and to addressing the systemic challenges that foster sexual misconduct and other inappropriate behaviours, including abuses of power, discrimination, biases and harmful stereotypes. That is why we asked former Supreme Court Justice Louise Arbour to undertake an external, independent, comprehensive review earlier this year.

Within the defence team, we have also created a new organization, Chief, Professional Conduct and Culture, under the leadership of Lieutenant-General Jennie Carignan. Its goal is ultimately to ensure that our actions, behaviours and institutional policies reflect the very best parts of our organization and Canadian society. That work is already under way.

These efforts will build on our previous work done to modernize policies and processes and to promote true diversity and inclusion across the ranks. This includes integrating gender-based analysis plus in all of our policies, programs and services to remove barriers to inclusion and better support our personnel, and launching a new advisory panel on systemic racism and discrimination and the Anti-Racism Secretariat.

At the same time, we are also working hard to ensure that our military justice system is modern, fair and responsive to the needs of the Canadian Armed Forces. Through Bill C-77, we are implementing several significant changes to the military justice system, including incorporating a victims’ bill of rights to ensure that victims are supported and their voices are heard when interacting with the system.

Earlier this month, we tabled the third independent review by Justice Morris Fish. We accepted all 107 of his recommendations in principle and have already begun to implement 36 of them immediately to better serve our people.

Moreover, through budget 2021 we are committing $236 million to eliminate sexual misconduct and gender-based violence in the Canadian Armed Forces. This includes 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 and men serving in the Canadian Armed Forces are being considered to change the culture of toxic masculinity that creates an unacceptable workplace.

Supporting our members means ensuring that they have the equipment they need to do the incredible work we ask of them.

That is why, in our “Strong, Secure, Engaged” policy, we identified hundreds of new investments we will have to make to ensure that our armed forces have access to modern, agile and customized equipment.

I am pleased to say that, in spite of the challenges presented by COVID‑19, 37% of these 342 projects are either completed or in progress. That is incredible progress, especially in light of the challenges the global pandemic has brought.

Our efforts to build a well-supported and well-equipped military have prepared and positioned us to respond to threats here in Canada and to support our allies and partners abroad.

Domestically, Canadian Armed Forces members are called upon to take part in search and rescue operations and to offer support in the event of a natural disaster or other emergency situation where their expert knowledge is invaluable in supporting Canadians.

Since the global pandemic hit, members of the Canadian forces have been helping out in communities across the country. They include the approximately 1,700 members who helped protect vulnerable Canadians in 54 long-term care facilities in Quebec and Ontario, and countless first nations and remote communities.

Internationally, our CAF members are engaged in Europe through both NATO and non-NATO missions, as well as in the Middle East, the Asia-Pacific region and Africa. Closer to home, we participate in U.S.-led counternarcotics operations through Operation Caribbe, and we work closely with the United States at NORAD and on other issues pertaining to continental defence. In missions like these across the globe, CAF members make vital contributions to safety and stability. They serve with excellence alongside our friends and allies, and when needed, they help out in our communities.

We ask CAF members to do critical, life-saving work every single day, but we know that for them to accomplish these extraordinary tasks, we need to build an environment where they are both well supported and well equipped at all times. We need to listen to survivors of sexual harassment, assault and abuse of power, and put the well-being of the brave women and men of the Canadian Armed Forces front and centre. We must end impunity and restore trust.

We encourage those who have experienced misconduct to come forward. We are committed to making the institutional change necessary to ensure that we prevent sexual misconduct from happening in the first place. We are focused on providing not only a safe workplace, but one where all members of the defence team can truly belong and thrive. That is our priority on this side of the House.

National Defence

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

Mr. Speaker, I completely agree with the member opposite. When it comes to that, we need to do more. We have started, from 2015, making the changes that have been necessary, but we know they have not gone far enough, and we are willing to do more. We are willing to take in any further recommendations.

On the recommendations that were provided by Justice Fish, we have accepted. The work that Madame Deschamps brought on highlighted the problem that is facing the Canadian Armed Forces, as will the work that Madame Arbour will be doing.

We will be taking action. We continue the work on passing Bill C-77 and also ensuring we continue to create an inclusive environment for all in the Canadian Armed Forces.

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

Mr. Speaker, we will continue to work very hard to look after our women and men in the Canadian Armed Forces. The horrible allegations that have come forward are extremely alarming and we must work harder. The work we have done in passing Bill C-77 is one of the first steps, also SMRC and the work that is being done there, plus the work that Madam Arbour will also do. We will get this done.

Opposition Motion—Censure of the Minister of National Defence

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

Mr. Speaker, when it comes to serving our Canadian Armed Forces members, the women and men who have served, I have always been there to support them. Through the lived experience, I will never cut and run; I will always be there to support them.

I was given the tremendous privilege of becoming Minister of National Defence. I fought to become the member of Parliament for Vancouver South, but I was given this privilege. From the lived experience, from day one, my focus has always been to serve our members. Even though I served and have a microcosm of experience, it is my responsibility to serve them.

When it comes to the culture change, something that is very important, actions have been taken, whether by SMRC, or doing the gender-based analysis plus or putting support where it is needed to ensure our victims are supported through Bill C-77.

I admit that when it comes to doing more, we should do more, and we will.

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

Mr. Speaker, I rise today to address the motion the Leader of the Opposition has put forward. He presents this motion in an attempt to wage personal and partisan attacks rather than focusing on our members who serve in the Canadian Armed Forces. He is a veteran. I am a veteran, and I expect better.

I will not, and I repeat, will not gloss over the fact the defence team is going through a very difficult time right now, particularly those who are survivors of sexual harassment, assault and abuse of power. As the largest and most diverse employer in Canada, the defence team is a microcosm of our Canadian society. We see the same problems reflected in our organizations that we see play out in other areas of our society.

We have had to reckon with inequality, systemic racism, sexual misconduct and abuse of power. It is uncomfortable. It is painful, and it is inconsistent with our ideals as Canadians and as human beings.

The experiences we have heard over the past few months from those who have experienced sexual harassment and assault in the Canadian Armed Forces is appalling. To every member of the Canadian Armed Forces, and to every person in the Department of National Defence who has been affected by sexual harassment and violence, I am truly sorry. Whether it was recently, 10 years ago, 20 years ago or 30 years ago, we were not there to support them.

As somebody who has put on the uniform, I know the Canadian Armed Forces and the Department of National Defence need to do better. We all need to do better. I know our current reporting systems are not enough. Too often, people do not feel able to report misconduct our of fear of reprisal and retribution. This has to change, and this will change.

It is why I asked Madam Louise Arbour, former Supreme Court justice, to lead an independent external comprehensive review of our institutional policies and culture. Over the coming months, we expect Madam Arbour to provide concrete recommendations on how the Canadian Armed Forces and the Department of National Defence can set up an independent external reporting system for defence team members that meets the needs of those who have been impacted by sexual misconduct.

We know we have a lot more to do to regain our members' trust. We are committed to making a lasting change, one that sheds the toxic and outdated values, practices and policies that harmed our people.

This motion from the Leader of the Opposition is not about supporting our members. In fact, the opposition had the opportunity time and time again in this very Parliament to be part of the solution. Instead, opposition members have consistently chosen to obstruct the progress.

In the past weeks, the Leader of the Opposition and his party voted against almost a quarter of a billion dollars to help eliminate sexual misconduct in the Canadian Armed Forces in budget 2021. They voted against supporting peer-to-peer services. They voted against increasing access to the sexual misconduct response centre for members of the Canadian Armed Forces. In fact, the leader of the official opposition and his party voted against our commitment to implement new external oversight mechanisms to bring greater independence to the processes of reporting and adjudicating sexual misconduct within the military.

This is staggering hypocrisy from the Leader of the Opposition and the Conservative Party, which should not be unexpected from the Conservatives. They have done this at every turn. If the Conservatives want to talk about fighter jets, let us talk about the Conservative record on fighter jets.

After years of cuts from the Conservatives, our air force could not generate enough aircraft to answer our NATO and NORAD commitments at the same time. We are committed to procuring 88 advanced fighter jets to show our friends and allies we will be there for them when we are called upon, and we have stepped up. How they chose the number of 65, I do not know, but I am going to guess they needed to cut. They needed to balance their budget.

When it comes to our contribution in the fight against Daesh, our work alongside our coalition partners has reached success. I will not be apologetic for our government's stance and the operations we have conducted with our allies. By increasing our ground presence, along with that of our partners and allies, the coalitions worked to reduce Daesh's territorial control by over 98% on the ground.

When the Conservatives sat back, Liberals stepped forward. We worked with the U.S., NATO, regional partners and allies to increase peace and stability in the region. Just a few months ago, we announced that we would extend our work in the Middle East by deploying up to 850 Canadian Armed Forces personnel to support the global coalition, the NATO mission in Iraq and capacity-building activities in Jordan and Lebanon because we know this is a regional issue. Canada will remain a reliable partner in multinational operations around the world.

If the Leader of the Opposition wants to claim a cover-up, he should look no further than himself. We want to talk about preventing things from happening. We learned from media reports that the leader of the official opposition himself was aware of allegations of sexual misconduct regarding General Vance prior to his appointment as chief of the defence staff, an allegation from the general's time in Gagetown, as it was reported. It was an allegation that the leader of the official opposition said that he had investigated.

The former national security advisor, Richard Fadden, said to a parliamentary committee that this is not true. Let me quote Mr. Fadden. Speaking of when General Vance was stationed in Naples, he said, “I did a bit of an inquiry into what was happening with a lady who subsequently became his wife. That was the extent of the involvement.”

After this non-investigation, it seems that the Canadian Forces National Investigation Service received political pressure to stop its investigation into Vance, an investigation that just happen to end right before his swearing in as chief of the defence staff under the Conservative government.

The Leader of the Opposition continues to say that he passed along sexual misconduct allegations by General Vance in July 15. He continues to claim that those were looked into, despite evidence to the contrary. I ask this House, how can the Leader of the Opposition's story be credible if General Vance was appointed after no investigation of the knowledge that the leader had? Almost immediately after the allegations were made, pressure was brought to bear and the investigation was suddenly dropped.

Unlike the Conservatives, I know how important our people in the Canadian Armed Forces are. That is why they are at the very centre of our defence policy. Chapter number one states that.

Women are working tirelessly to create a culture of dignity, respect and inclusion for all members, to ensure that the organization is truly as diverse as the Canada it serves, and to be the employer of choice for Canadians of every background, not just for the few that some members want. Our defence policy, “Strong, Secure, Engaged”, commits to promoting diversity and inclusion as core institutional values.

We have taken a number of steps to increase representation of women and other unrepresented populations at all levels of the organization. Right now, Lieutenant-General Carignan is the chief of professional conduct and culture at the organization. She and her team will unify and coordinate the ongoing and evolving efforts to create positive and lasting change across the defence team.

At NATO's Allied Joint Forces Command Naples, we have Lieutenant-General Joe Paul, a member of the Huron-Wendat First Nation as deputy command. While he is there, he will help to prepare, plan and conduct military operations in order to preserve the peace, security, and territorial integrity of all NATO alliance members. This sends a powerful message to the indigenous community of our alliance.

Over the coming weeks, Lieutenant-General Fran Allen will become Canada's first female vice-chief of the defence staff. All these members are deserving of these important roles, and they help build a senior leadership that is more representative of the Canadians they serve each and every day.

We have also integrated gender-based analysis plus across all our policies, programs and services to remove barriers to inclusion and better support our personnel. We are addressing all forms of hateful conduct in our organizations with anti-racism and anti-harassment efforts. This is why last year I created an advisory panel on systemic racism and discrimination with Captain Door Gibson, Sergeant Derek Montour, Major Sandra Perron and Major-General Ed Fitch, who are all retired.

They have lived experiences of facing discrimination, anti-Semitism and anti-indigenous prejudice, and they are working to help build a Canadian Armed Forces and Department of National Defence that are more welcoming and inclusive for our members. Their recommendations will make sure that people within the military, including instructors, are better supported and free from discrimination, racism and harmful behaviour, whether they are women; Black, indigenous and people of colour; lesbian, gay, bisexual, transgendered, queer, two-spirited, LGBTQ members of the community; or part of a religious minority.

Along with the anti-racism secretariat, this work will help the defence team eliminate all forms of racism, prejudice, bias, anti-Semitism, Islamophobia and white supremacy from within our organization.

Where the previous government did little to improve things for those who wear the uniform, and removed the training, the sharp training that was there, we have taken action. In 2019, we received royal assent for Bill C-77, historic legislation to evolve the military justice system by aligning it with the civilian justice system in important ways, while remaining responsive to the unique needs of our Canadian Armed Forces. The act enshrines victims' rights into the code of service discipline. We are working with our members so the regulations for that bill meet the needs of the survivors, rather than the Canadian Armed Forces and the Department of National Defence.

Earlier this month, we tabled a third independent review of the National Defence Act by former Supreme Court justice Morris Fish. This is one of the most comprehensive independent reviews of the military justice system in a decade. Justice Fish's recommendations provide one of the largest overhauls of the National Defence Act and the Canadian military justice system in recent memory.

I have accepted the 107 recommendations in principle. As we speak, we have already begun to implement 36 of those recommendations to further improve the military justice system to bring greater confidence to our members, who wear the maple leaf on their shoulder.

All this work is in addition to the independent external comprehensive review that former Justice Louise Arbour is leading to help us build on and refine our efforts to address and prevent sexual misconduct in our organizations. Over the coming months, Madam Arbour will provide concrete recommendations for how the Canadian Armed Forces and the Department of National Defence could set up an independent external reporting system for defence team members that meets the needs of those who have been impacted by sexual misconduct.

This system needs to be focused on those who have been impacted by misconduct, be responsive to their needs and be outside the chain of command and the Department of National Defence. Any less cannot be accepted, and any less will not be accepted.

Madam Arbour and her team will provide significant direction on how we must evolve to support affected people, and how we can ensure that every incident is handled appropriately. Part of this work also includes looking into the current structures in the Canadian Armed Forces, the Department of National Defence and the sexual misconduct response centre to see how we could strengthen them to provide greater confidence to those who need support.

We will also examine the performance evaluation promotion system in the Canadian Armed Forces with a focus on how leaders are selected and trained. This review will also look at the military justice system's policies, procedures and practices to see how we could make this system more responsive to the needs of those who have experienced misconduct while holding perpetrators accountable. As Madam Arbour does this important work, she will be able to provide interim recommendations to the Canadian Armed Forces and the Department of National Defence, and we commit to acting upon it immediately.

As we continue our work with the defence team, we have created a new organization of professional conduct and culture under the leadership of its chief, General Carignan. This will be responsible for carrying out and creating the conditions for cultural transformation by unifying, integrating, and coordinating the ongoing efforts across the Department of National Defence.

Their goal is to ensure that our actions and behaviour reflect the very best parts of our organizations of Canadian society. Their efforts will closely align with the work being carried out by the external review and will be informed by best practices, as well as experts, advocates and those who have lived experiences, inside and outside our institutions, at all levels.

We are dedicated to creating lasting cultural change across the defence team, change that is enduring and that meets the needs of those who have experienced sexual harassment and violence. The motion that the Leader of the Opposition has put forward does nothing to help those in the Canadian Armed Forces. It is more focused on personal attacks and petty games, something that I have unfortunately been far too accustomed to. That is okay.

It is disappointing, though, but it comes as no surprise from a party that is focused more on fanning the flames of division, a party that refused to acknowledge structural racism, like the Leader of the Opposition did in September of last year, or in the midst of a pandemic when Dr. Theresa Tam, who is Canada's chief public health officer, had her loyalty to our country questioned, because of her name and the colour of her skin, by a Conservative MP. It is a party that voted against a motion to condemn Islamophobia.

The Leader of the Opposition based his entire leadership campaign around the slogan “Take Back Canada”. From whom?

This motion is below the dignity of the House, but it is clear that is exactly the type of divisive and dog-whistle politics on which the Conservative opposition depends.

National Defence

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

Mr. Speaker, that is all talk and no action.

Justice Fish explicitly calls on the government to implement the Victims Bill of Rights provisions in Bill C-77. It is a bill that was passed by this Parliament two years ago this month and still has not been brought into force. He states that until those victims' rights are put in place, “sexual assaults should not be investigated or prosecuted under the National Defence Act”.

Why has the Prime Minister dragged his feet for years and failed to implement the rights for victims of sexual assault so they can finally get justice in our armed forces?

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

Madam Speaker, our government takes allegations of sexual misconduct extremely seriously, and no one should feel unsafe at work. That is why we passed Bill C-77, a declaration of victims rights that puts victims at the core of the military justice system, which reviews unfounded cases.

We also created a sexual misconduct response centre. We know that we have a lot more work to do, and we are going to get it done.

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

Mr. Speaker, when Mr. Walbourne brought the information forward, I reached out immediately to the Privy Council Office. Privy Council Office officials then reached out to Mr. Walbourne the very next day. That is immediate action.

However, we know that we have a lot more work to do. Our government takes allegations of sexual misconduct very seriously. No one should feel unsafe to work. Some of the work we have been doing includes passing Bill C-77, a declaration of victims rights, to put victims at the core of the military justice system. It also reviews unfounded cases. We have more work to do, and we will get it done.

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

Mr. Speaker, we have been taking action since we formed government. As I stated, we passed Bill C-77, the declaration of victims rights, which puts victims first, at the core of the military justice system. We created the sexual misconduct response centre and “The Path to Dignity and Respect”. We also put in place a response and support coordination program for CAF members who experience sexual misconduct.

A lot of work has been done, but at the end of day, more work needs to move forward to make sure that women in the Canadian Armed Forces have the confidence to come forward when misconduct is done. Our goal at the end of the day is to prevent this from happening in the first place, and we will get this done.

[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?

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

Congratulations once again, Mr. Chair. I think this is our fourth time in committee of the whole together.

It has been an absolute privilege and an honour to be reappointed as the Minister of National Defence to serve our women and men in the Canadian Armed Forces. As I stated to many members, I welcome input from all members of Parliament in the House when it comes to serving our Canadian Armed Forces members.

I am eager to continue to implement Canada's defence policy, Strong, Secure, Engaged.

Strong, Secure, Engaged is a rigorously costed and funded transparent vision for the next 20 years of our Canadian Armed Forces. We are increasing our spending by 70% to ensure that our women and men in uniform have what they need to do the important job that we ask of them.

Our work is not just about defence. It is about positioning Canada for success in an uncertain world. Canadians know that we cannot be an island of stability in an ocean of turmoil. Eventually those negative ripples of conflict will reach our shores. It is about promoting the values and interests that are core to Canada's prosperity and security. It is about standing with our partners and allies as we put Canada's expertise to work on a global scale.

Today, through our supplementary estimates, I am requesting $463.6 million for national defence so the Canadian Armed Forces can continue their work. I make this request confident in the benefits and flexibility of the defence funding model. We only ask for funds when we need them. We make adjustments as requirements evolve. Savings are reallocated and earmarked funding is protected until we are ready to spend it. We do not leave money on the table. These supplementary funds will allow us to continue implementing Canada's defence policy, directly supporting our people and their families, expanding our capabilities and equipping our defence team to address the threats of the modern security environment.

First, we must invest in our people and their families. A resilient, inclusive and diverse defence team is critical to Canada's security and we are proud of our progress to support our people.

Just this summer, Bill C-77 received royal assent, marking a historic evolution of the military justice system and enshrining rights for victims into that system. We are working to right past wrongs as well.

The Canada pride citations are a tangible way to recognize the contributions of former LGBTQ2 members whose service careers were cut short due to discriminatory policies.

Two weeks ago, the Federal Court approved the final settlement agreement of the Canadian Armed Forces DND sexual misconduct class action lawsuit. We hope this settlement will bring closure, healing and acknowledgement to our members who were harmed by sexual misconduct in the workplace.

These are just a few of our efforts to ensure a safe, welcoming and inclusive workplace.

We also recognize the critical jobs our reservists play, which is why we restructured reserve pay to better align with the regular force, ensuring the same pay for the same day's work.

Last year, we reintroduced the veteran's service card and set up the Canadian Armed Forces transition group to better support armed forces members and their families alongside their journey.

We will be building on these initiatives. We are requesting just over $179 million in voting and statutory appropriations to fund recruitment, retention and other initiatives to support our people and their families, including competitive salaries and benefits, training and expanded transition resources. Investing in our people is not only the right thing to do, but it is necessary to grow our defence team to the size it needs to be to face the challenges of tomorrow, something we promised in SSE.

Taking care of people also means equipping them to do their jobs. This summer I was pleased to announce $250 million to upgrade reserve infrastructures across Canada over the next five years.

So far in 2019-20, we have invested over $440 million in major construction and maintenance and repair projects. All infrastructure projects are done with an eye toward greening defence.

While some parties continue to ignore the science on climate change and offer no plan to tackle this global challenge, our government is taking action against climate change. Our innovate energy performance contracts at wings and bases across the country are helping us to meet our climate objectives, while producing economic benefits for communities and creating significant long-term cost savings for Canadians.

Our efforts to minimize our carbon footprint have put us on track to reduce greenhouse gas emissions by 40% by 2030. These estimates also include $27.7 million for our ongoing project to replace the jetties at CFB Esquimalt so that our navy's infrastructure will be ready to accommodate existing and future ships.

As climate change contributes to a more accessible Arctic, we are also investing in the north, and that is why we are helping upgrade the Inuvik airport runway and why we have built the Nanisivik refuelling facility. These investments do more than help us defend our sovereignty and contribute to continental defence. These investments build relationships with our indigenous peoples who live in the north. They help us create jobs and economic opportunities and maintain access for all Canadians who live and work in those communities.

Our new Arctic and offshore patrol ships and projects like over-the-horizon radar technology will enhance our operating and surveillance capabilities in that vast and challenging environment. These estimates include $8.3 million for remotely piloted aircraft systems to further enable long-range intelligence and surveillance in Canada and on deployments. We are requesting $26.4 million to ensure that our CF-18s remain operational and interoperable with our allies until our new fighter fleet is ready. We are requesting $3.2 million to advance the Canadian surface combatant project, along with $177 million to support and upgrade the armoured combat support vehicle fleet.

The latter highlights the flexibility of the defence policy's funding model, which would allow us to begin this project five years sooner than anticipated. This would save us money that would have been spent maintaining an aging fleet. The project would benefit Canadians, supporting over 10,000 well-paying middle-class jobs across Canada.

Even with all the right people and all the right resources, Canada cannot tackle modern defence challenges alone. Global instability is heightened by the effects of climate change and scarcity. Rapid advances in technology bring both opportunity and risk. We face threats to democracy and challenges to the rules-based international order. In this environment, we must be innovative and collaborative, working across departments, across disciplines and across borders. That is why we are committed to being a reliable partner and a responsible global citizen.

These estimates include roughly $42 million as Canada's contribution to support the NATO common services, like military equipment and infrastructure. Our current contributions to NATO are significant. Commodore Kurtz is currently leading the Standing NATO Maritime Group Two. Major-General Jennie Carignan is leading the training mission in Iraq. Our contributions to NATO will be leading a battle group in Latvia and supporting our air policing in Romania. We are rejoining the NATO AWACS program that the previous government pulled out of.

This summer, we completed our United Nations peacekeeping mission in Mali and began providing tactical airlift support to other United Nations missions as part of Operation Presence in Uganda. We continue to advance the Vancouver principles and the women, peace and security agenda. As part of the Elsie initiative, Canadian Armed Forces has partnered with Ghana Armed Forces to find innovative solutions to overcome barriers to women's participation in peace operations.

To grow representation of women in peacekeeping, it means increasing the number of women who serve in our armed forces. That is why we will focus on growing the representation of women in the Canadian military to at least 25% of the total force by 2026.

I have barely scratched the surface of all the great work and collaboration happening across the security defence community as part of our SSE implementation. There is much more work to be done. The security challenges we face today are diverse, complex and far-reaching. They pose serious threats to our collective security and prosperity, so it is imperative that we invest in the right equipment, capabilities and initiatives to enable our women and men in uniform to do the difficult jobs that we ask of them. The additional $463.6 million is necessary to deliver on our commitment to support our people so they can continue to protect Canadians and advance peace and security at home and abroad.

Department of National Defence—Main Estimates, 2019-20

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

Madam Chair, I will begin with some brief remarks, but I want to spend the majority of my time on questions to the minister.

We all know that we ask the women and men of the Canadian Armed Forces to do difficult and dangerous work on our behalf each and every day, at home and abroad. As parliamentarians, we have a responsibility to make sure that they receive the training, equipment and support they need, both while they are serving and as veterans. Therefore, tonight, whether we are talking about actual dollars of spending, procurement or deployment, we have to make sure that we keep the serving members and their families central to what we are talking about here tonight.

The Canadian Armed Forces faces many challenges, as we all know, with recruitment and retention. Meeting those challenges is essential to make sure that the Canadian Armed Forces reflects the faces of our nation. Certainly the Canadian Armed Forces and DND have much work to do when it comes to dealing with some key issues, such as sexual assault within the military and mental health issues. This is both a matter of justice and a matter of how we are investing in those who serve their country, and it is a necessity if we are ever to meet those diversity goals.

As members will know, one of my concerns has been how the Canadian Armed Forces has been dealing with mental health issues. I acknowledge that there has been some progress made. However, I still have a large concern about death by suicide within the Canadian Armed Forces. We are still losing one serving member a month to death by suicide. That is over 160 members since 2005. It is a tragedy for all those families, and it is a tragedy for our country. That number does not even include reservists, because, unfortunately, we do not even keep good statistics on death by suicide of reservists, and of course, it does not count veterans who may be suffering from PTSD.

While there has been progress in acknowledging that not all injuries within the military are visible, we still have much more to do. We had one very big opportunity to do something in this area earlier this year. When we were talking about Bill C-77, the military justice reform bill, I proposed an amendment to remove self-harm as a disciplinary offence in the Canadian military code of conduct.

We held hearings and we heard from witnesses, such as Sheila Fynes, who lost a son to death by suicide while he was serving. We heard from experts on mental health. We heard from senior members of the Canadian Armed Forces. We had indications from a majority of committee members that they would support my amendment. I want to thank the Conservatives for their early support in trying to remove this barrier to treatment of mental health issues that is both symbolic and practical.

However, 30 minutes before we were to vote in committee on my amendment to remove self-harm as a disciplinary offence, the minister sent an email to every member of the committee asking us not to do this. The Liberals then voted against my amendment, saying it was out of order in a military justice reform bill, which is passing strange, since this is a bill that was already amending the code of conduct in several other places.

I have a very direct question for the minister. Why did the minister ask the committee not to remove this barrier to the treatment of mental health issues and to this very severe problem we have with death by suicide in the military? Why did the minister ask committee members not to remove paragraph 98(c) of the military code of conduct?

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

Madam Chair, I see that nothing changes from question period to a committee of the whole, but that is okay. I will continue.

I am pleased to be here alongside the members of our defence team to update everyone on the important work that the Department of National Defence is doing for our women and men in uniform.

Throughout the evening, members will hear about how we are taking care of our people, how we are getting them the equipment they need and how we are supporting a rules-based international order as committed and engaged partners in the world.

Through our yearly departmental funding, we are able to deliver on the commitments we made in our defence policy, strong, secure and engaged, which we launched two years ago. “Strong, Secure, Engaged“ is a rigorously costed and funded transparent vision for the next 20 years of our defence policy.

After the Conservatives spent a decade cutting defence spending, we are increasing it by 70% to ensure that our women and men in uniform have what they need to do the important job we ask of them.

This policy guides how we support our nearly 67,500 regular force members, 29,000 reserve force members and 24,000 civilians. Our Canadian Armed Forces members operate across Canada and around the world. They stand ready to be deployed internationally in the name of Canada's safety and security, and they are always ready to assist Canadians here at home when disaster strikes in their communities, as we have seen this spring. More than 2,500 women and men in uniform answered the call to help those in Ontario, Quebec and New Brunswick hold back the flood waters and protect their homes. I would ask members to please join me in thanking each and every one of our members, our regular force members and our reserve force members, who help to keep our communities safe.

Our Canadian Armed Forces members contribute so much to our country, and they deserve policies and initiatives that support them through all stages of their careers. Initiatives like seamless Canada, the military spousal employment initiative and tax relief for our members who are deployed on named international operations, will all help to ease the stress on our military families.

Our full-time summer employment for reservists will allow them to gain unique and relevant work experience while learning valuable life and leadership skills that will help them find jobs. ln 2018, 7,200 army reservists from the country participated, and we hope to see that number grow every single year.

Bill C-77 is modernizing the military justice system by expanding the rights of victims to ensure that all voices are heard. I am proud to say that it is being studied at committee in the other chamber. Our sexual assault review program and Operation Honour are two of many efforts to address and eliminate sexual misconduct within the Canadian Armed Forces.

We are building a military that looks like Canada and making sure that all members feel safe and welcome as they defend our rights and freedoms at home and around the world. We have launched the Elsie initiative, which aims to increase the number of women in United Nations peacekeeping operations. We have made recruiting more women into our Canadian Armed Forces a priority, because we want a military that represents Canada. By 2026, we are aiming for 25% of our members to be women. That is not an end goal; it is just a guidepost for us to go to.

We are making progress. ln fact, right now, as part of our air task force in Mali, women make up 14% of Canada's deployed personnel. We will continue these efforts until our Canadian Armed Forces fully reflect Canada's diversity.

Our government is investing in the innovation and procurement that will better equip our women and men in uniform.

Unlike the previous government, which muzzled scientists and cut crucial research funding, we are supporting our people by investing $1.6 billion in innovation through our innovation for defence excellence and security program, or IDEaS, and also the mobilizing insights in defence and security program, which we call MINDS.

Both were created to tap into Canada's best and brightest minds, from individuals and small businesses to those at our world-class colleges and universities. They are helping to support defence innovation, and I am excited to see what comes from them next.

We have also made important progress on many of our capital projects, including our Arctic and offshore patrol ships. The first of our six ships, HMCS Harry DeWolf, is scheduled for delivery this summer. Just last month, I was in Halifax to mark the construction of our fourth ship, HMCS William Hall.

This winter, we announced the official winning design bidder for the biggest defence procurement project in Canadian history, the purchase of 15 Canadian surface combatants. Our future fighter capability project was also launched. The request for proposals will be issued in the coming months.

When we formed government, we recognized that years of underinvestment by the previous Conservative government meant that our air force could not generate enough aircraft to answer our NATO and NORAD obligations at the same time. We laid out a plan to deal with the shortfall, which included securing interim fighter aircraft to supplement our existing fleet of CF-18s, because we have missions to fly. The first two jets arrived in Cold Lake earlier this year, and they will be proudly flying in the Canadian colours soon.

As we work on each of these projects, we are following through on our commitment to greening defence. Regrettably, we are feeling the impacts of climate change, with an unprecedented number of floods and fires both here in Canada and around the world. While the Conservatives continue to ignore the science on climate change and offer no plan to tackle this global challenge, our government is taking action. That is why we have invested more than $165 million in green infrastructure projects since 2017. This investment will reduce greenhouse gas emissions by 40% over the next decade. With each of these initiatives and projects, we are building a modern military that will be flexible enough to address current and future threats.

We are also stepping up on the world stage and equipping our Canadian Armed Forces with what they need to uphold our international commitments and be a valuable partner to our allies. In collaboration with our international partners, we are leading on efforts to prevent the use and recruitment of child soldiers. We launched the Vancouver principles at the United Nations Peacekeeping Defence Ministerial in 2017, and 84 member states have signed on since.

Right now, there are 250 women and men in uniform deployed in Mali as part of the United Nations' stabilization effort, providing life-saving aeromedical evacuations of injured soldiers and civilians, and critical air transport. Up to 780 of our members are involved in Operation Neon, Canada's contribution to a multinational surveillance initiative to counter North Korea's evasion of maritime sanctions. There are 540 Canadian Armed Forces members in Latvia on Operation Reassurance, where Canada leads a multinational battle group as part of NATO's deterrence and defence measures across central and eastern Europe. Two hundred of our Canadian Armed Forces members are helping to demonstrate our unwavering support to Ukraine through Operation Unifier, and upwards of 850 members are stationed in the Middle East on Operation Impact. They include Major-General Dany Fortin, who is commanding the NATO training mission in Iraq. The funds we are requesting in these main estimates would enable us to carry on this vital work and continue to build on our successes.

Beyond this funding, we are requesting $733 million for the Communications Security Establishment, to keep our institutions and Canadian citizens safe.

The $21.9 billion requested in these estimates is a $1.5-billion increase, or 7.4% over the amount we requested last year. It also includes new measures announced in budget 2019, including $18.9 million to help our Canadian Armed Forces members transition out of the military and into post-service life, and $2 million for National Defence to support our government's effort to counter economics-based national security threats. This funding will allow us to continue to pursue ambitious capital projects to provide our members with the best equipment available, and to make sure our infrastructure serves both their needs and the ongoing efforts to operate in an environmentally conscious way.

Canadians expect us to fulfill our commitments with the same transparency and care we have demonstrated over the last four years. We take that responsibility seriously, as we take seriously our responsibility to support our people as they defend this country.

Before I finish, I would like to thank the women and men of our Canadian Armed Forces. They ensure we are strong at home, secure in North America and engaged in the world.

National Suicide Prevention Action Plan

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, I, too, want to express my deep gratitude for the tone in this room. This is a very powerful and very sad discussion to have.

It is a privilege for me to speak to Motion No. 174, which talks about suicide prevention.

We are talking about something that is often very hard for people to talk about, so I want to take this opportunity to acknowledge the loved ones living with the reality of suicide, especially in the context of the speech before mine.

The actuality of life when someone we love dies by suicide is simply unimaginable. I want to acknowledge that some communities in our country face higher rates of suicide, including indigenous, LGBTQ2 and military and veterans communities, just to name a few.

ln February of this year, a very young man in my family was successful in his suicide attempt. lt has been devastating for our community of just over 300 people, our family, and most of all, those who loved him the very most, his parents, sister, uncles, aunts, cousins and grandparents.

Suicide shakes the very foundation of the people it impacts. The questioning of how and why is overwhelming. lt is something that most people are unsure how to address. I have heard stories of the loved ones of those who have died by suicide being completely isolated, because people do not know how to speak to that issue, speak to that pain, and therefore, too often, they avoid them. What do we say to people who have lost someone they loved by their own hand?

I have watched this struggle in my loved one's father. The words seem to be blocked at his lips. We know that words have power, and saying them aloud makes the reality that much more real. How does one carry this pain? How does one help? Who does one call? This is why we need a national suicide action plan to help Canadians, a comprehensive plan that would prevent suicide and provide support when suicide happens.

Each month, on average, the Canadian Armed Forces loses one serving member to death by suicide. As a member who represents a military base in my riding, I think it is important that the members of the House hear this. lt is an epidemic that continues, despite some positive steps taken to address mental health issues in the forces.

When Bill C-77 passed through the House late last year, I was disappointed that it did not remove subsection 98(c) from the National Defence Act. This subsection makes self-harm a disciplinary offence under the military code of conduct. It concerns me deeply that members of our military could be seriously considering suicide but feel unable to disclose it or ask for help because they could be disciplined. What a way to come forward and tell this horrific truth about oneself. When people are experiencing a state that leads them to thoughts of self-harm, there must be a safe way for them to come forward.

My friend, the member for Esquimalt—Saanich—Sooke, proposed an amendment to remove subsection 98(c) from the National Defence Act in committee. Unfortunately, it was defeated, and the amendment was defeated on so-called procedural grounds. It has been reintroduced in the House in Bill C-426. Based on the feeling in the House, I really hope that this bill receives unanimous consent at all stages when it comes to this place.

When we speak to this issue within the context of Motion No. 174, we see the need for it to be addressed. We do not want any Canadians in this country to feel that they cannot come forward to get the help they so desperately need. The Canadian Armed Forces deserve to have our support. The mere existence of subsection 98(c) continues to be a barrier for Canadian Forces members seeking the mental health assistance they need, and the House has only one more opportunity to fix this. I would love it to be in this Parliament.

Today we are debating Motion No. 174, which was tabled in this place by the member for Timmins—James Bay. I want to thank him for his tireless work and advocacy on this issue and for his dedication in bringing this forward. I am relieved to hear that the government will be supporting it.

I also thank the member because this motion speaks to the isolation I mentioned earlier. When people are successful in their suicide, or when their attempt is unsuccessful, everyone is impacted, and it is often the isolation that is the hardest part to carry. People are unsure of what to say, terrified to touch the pain of that choice, regardless of the result.

This outlines exactly why it is so important to have a national suicide prevention action plan. This issue of suicide must be addressed directly and holistically. The more isolation and silence there is around suicide, the more people will hide their thoughts and not ask for the help they need.

lt is imperative that Canada not leave any community behind. We must have a framework, because there are many small and isolated communities, like the ones I represent, that have limited access to services. How do we reach out in a safe way? We all know that when small communities face successful suicides, it can often become an epidemic.

The young man that I spoke of earlier, my relative, is the second in less than a year and a half in our small community of just under 300 people. The impact on that community has been profound, and the fear that another child is going to follow those steps has been something we all watch.

When I think about the Facebook posts that we have seen from some of our youth who are actively questioning the validity of being here, I am reminded again of how important it is as a country that we remember that those children, those people, are so important and that we must address their isolation. We can only do that by having a framework that goes across this country, so that we can work collaboratively.

No one wants to live through this. I think of my brother, who has a serious mental health issue. I think of how strong he has been in his life to face the multiple challenges and how hard it can be when he is put in situations where people do not understand that invisible mental health issue that he lives with every single day. It worries me when people do not understand that and treat him in ways that are profoundly disrespectful.

All of us know what it is to love someone and often feel as though we are fighting for their very existence. I am really happy that we are here to talk about this, to talk about having a system in place to address that.

Recently, we have been doing a study at the Veterans Affairs committee. We are looking at the impact on veterans from the use of mefloquine, which is a medication used to prevent or treat malaria. Sadly, mefloquine has been identified as a medication that can poison the brain. There are many veterans across this country who do not know that they may have the impacts of mefloquine poisoning and that their symptoms may relate directly to that. Some veterans have died by suicide, and there are questions as to whether it was due in part to the undiagnosed impacts of the use of mefloquine. This also must be addressed. That is why this is so important.

I want to acknowledge that I have not touched on every vulnerable community across this country that faces a higher suicide rate. Those stories need to be heard, and I hope to see all members in the House support this motion so that this work can be done. I am very glad to hear that so many here will support it, but we need to make sure that everyone does.

Currently, Canada does have a federal framework for suicide prevention, but this framework does not provide funding, goals, timelines and activities that would reduce suicide and does not assign responsibility to jurisdictions. We know that if responsibility is not given, if the jurisdiction is not given, if goals and resources are not given, the work simply does not get done.

I have to say how honoured I am to be in this place when we are discussing one of the most difficult conversations. We are all facing the challenges, being brave to make noise where often there is silence. I encourage all of us and all Canadians to remember to reach out to those people, even when it is hard and uncomfortable. Sometimes we need to stand with people where they are uncomfortable. We have to admit that we are also uncomfortable, but we have to let them know that we are with them and that we support them.

I think this bill will take those steps and I am really thankful that we are going to support it and see change happen in this country.

Mental Health

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

Mr. Speaker, each month, on average, the Canadian Armed Forces continue to lose one serving member to death by suicide. This is an epidemic that continues, despite some positive steps toward addressing mental health issues in the forces.

The House had a historic opportunity to address this issue directly earlier this year when we passed Bill C-77, the military justice reform bill. In committee, I proposed an amendment to remove paragraph 98(c) from the National Defence Act, the section which makes self-harm a disciplinary offence under the military code of conduct. Unfortunately, the Liberals defeated my amendment on procedural grounds.

I have reintroduced my proposal to remove paragraph 98(c) as Bill C-426. Soon I will be asking for unanimous consent for passing the bill at all stages in order to make self-harm in the Canadian Forces a health issue instead of a disciplinary matter.

The mere existence of paragraph 98(c) continues to be a barrier for Canadian Forces members seeking the mental health assistance they need and the House has only one more opportunity to fix this. I hope when the time comes, the bill will have the support of all members.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue with debate at third reading of Bill C-77, the victims bill of rights.

Tomorrow we will debate Bill C-83, the administrative segregation legislation, at third reading.

For the next two weeks, we will be working with our constituents in our ridings. Upon our return, Monday shall be an allotted day. Tuesday we will start report stage and third reading of Bill C-84, on animal cruelty. At 4 p.m. on Tuesday, the Minister of Finance will present budget 2019. Wednesday will be dedicated to the budget debate.

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, there is a difference between getting answers and not liking the answers, but we will let the Conservatives figure that one out.

As for the work this week, this afternoon we will commence report stage debate on Bill C-83, the administrative segregation legislation.

Tomorrow, we will deal with report stage and third reading stage of Bill C-77, the victims' bill of rights.

Monday shall be an allotted day. Tuesday, if need be, we will resume debate at report stage of Bill C-83, on administrative segregation.

Finally, pursuant to Standing Order 83(2), I am pleased to request the designation of an order of the day for the Minister of Finance to present budget 2019 at 4 p.m. on Tuesday, March 19.

National Defence

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

Mr. Speaker, the Canadian Forces continue to lose more than one member per month to death by suicide, yet one of the barriers to serving members getting the help that they need is the fact that self-harm remains a disciplinary offence in the military code of conduct.

Since the Liberal members ruled my amendment to fix this out of order at committee hearings on Bill C-77, let me ask the minister.

Will the government now support removing self-harm as a disciplinary offence by agreeing to support my private member's bill, Bill C-426, and expedite its passage through the House?

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue with the second reading debate of Bill C-91, the indigenous languages act. We hope to see that referred to committee by the end of the day so that the committee can do its important work. We understand that we have a lot of support, but we do need to consider amendments.

Tomorrow we will start debate at report stage and third reading stage of Bill C-85, the Canada-Israel free trade agreement.

Next week we will be working with our constituents in our ridings.

I would like to note that Tuesday, February 19 will be an allotted day.

On Wednesday, we will begin consideration at report stage and third reading of Bill C-77, on the Canadian Victims Bill of Rights.

National Defence Act

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

moved for leave to introduce Bill C-426, An Act to amend the National Defence Act (maiming or injuring self or another).

Mr. Speaker, I rise today to introduce a bill that 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 archaic section of the National Defence Act makes self-harm a disciplinary offence in the military code of conduct.

The Canadian Forces are still losing more than one member per month to death by suicide. We have lost over 195 serving members in the last 15 years. 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 that I had hoped could have been fixed by a simple amendment to Bill C-77, the military justice reform bill, recently dealt with by the House. At that time, New Democrats and Conservatives supported my amendment, but the Liberals indicated they felt amending Bill C-77 was not the way to proceed. This private member's bill offers an alternative way of taking the actions necessary to send a positive message to Canadian Forces members struggling with mental health issues. I trust it will receive broad support in the House.

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

Criminal Code

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, I would like to thank my colleague from London who spoke earlier and all members for their comments on Bill C-51 today.

At the outset, because I have some time today to give a bit of a longer speech, I want to address the fact that I am troubled that in government, the Liberals are doing exactly what they said they would not do when they were in opposition. In fact, this is our second omnibus justice bill.

I know my friend from Winnipeg, the deputy House leader of the Liberal caucus, likes when I quote some of his outrage in the past Parliament about the use of omnibus bills. However, when it comes to justice omnibus bills in particular, I think the need for a lot of these provisions to be considered independently is the best way to go.

Although the bill is certainly not as long as the government's latest budget implementation act, at 850 pages or more, weaving together a variety of unrelated things in the form of one bill, here we have another substantive piece of justice legislation being presented in an omnibus bill.

Breaking it down, there are some good parts and some parts we certainly have some challenges with. I would like to use my opportunity, if I may, to highlight both the good and the bad.

The good is that as a Parliament, we need to show that we can speak with a united voice with respect to zero tolerance for sexual assault and not respecting the consent of an individual in the case of sexual relations of any kind. Therefore, I think it is good that we are having a fulsome discussion on this part of the bill today. In fact, several members have quoted from some of the case law that has led to the need for Parliament to weigh in and be very clear that people cannot provide the consent necessary to engage in sexual activities when they are unconscious. We need to send a clear signal from Parliament. I think the Senate amendments actually take away that clarity somewhat, and I am glad we are having the debate here on proposed section 273.1 in the bill.

The Supreme Court case that drove clarity in this area was very clear. It said that it was not possible for people to provide consent if they were not conscious, even if express consent had been provided ahead of time, when they were conscious. I think Parliament needs to be crystal clear that consent evolves and that there has to be the constant presence of consent and respect. That is what this bill is intended to do. In fact, some of the Senate amendments, which would almost create tests with respect to the standards, confuse the issue. There needs to be a clear signal sent that consent has to be constant. I think that is a signal that, as parliamentarians, we have to send.

I can say, as someone of my generation, that the debate on campuses about no means no and all these sorts of things was not taken seriously in the early 1990s. We are still having debates today about it. An accused will try to suggest that consent was provided sometime earlier. If consent was provided in the context of alcohol or substances, and if someone was unconscious, consent could not be provided.

The Supreme Court was clear. I think Bill C-51 and our updates to the Criminal Code send a very clear message. There is no test to be performed. It is a bright line. Everyone, all Canadians, need to show respect and a commitment to consent in the context of sexual assault cases. It is basic respect. We are in the era of the #MeToo movement and discussions about unsafe workplaces. All these things have been positive in making sure that one has a positive obligation, with respect to one's relations with someone else, to make sure that there is always consent present. I think that is clear.

I am also glad that a number of speakers from several parties have referenced Bill C-337, the bill of the former interim Conservative leader, Rona Ambrose, on judicial training in the context of sexual assault trials. The bench comprises a cross-section of society, and those attitudes need education to make sure that judicial standards adhere to the expectations we have as a society of respecting consent.

We know, in Ms. Ambrose's home province of Alberta, the case of Justice Camp, where attitudes toward a victim by the bench showed just how disconnected some may be. The vast majority of the bench would be explicitly mindful of the complainant in those cases, but we have seen cases in recent years that show that judicial training with respect to consent, in the context of sexual assault trials, is needed, as is education for all members of the bar.

As a member of the bar, I am glad that a few years ago, law societies across the country incorporated continuing legal education requirements for lawyers to make sure that they are aware of expectations with respect to consent and the law. The very fact that there would be some reluctance to have same continual legal education for judges in the context of sexual assault cases is troubling. I know that most justices demand that level of CLE, so I hope that the government, in the context of my starting off my speech by talking about some of the positive elements of Bill C-51, pushes Bill C-337 through. It should not matter that it came from a former Conservative member of Parliament, Rona Ambrose. It should not matter that it came from this side of the chamber if it addresses the same elements I am saying I support in Bill C-51 today. Let us hope there is some movement in the Senate so that in the spring, we can ensure that it is an expectation that all members of the bench have that training so they can guarantee an environment of respect for all complainants who come forward.

The provisions in proposed section 273.1 also show that Parliament is clear in its direction with respect to consent always being a requirement, and if there is any uncertainty, we err on the side of complainants. Everyone should know that if circumstances change, be they the context, consciousness, alcohol or these sort of things, prior consent is not sufficient. We have to be crystal clear on that.

This is also similar to Bill C-75, an omnibus justice bill, which I have spoken to in Parliament. I have also spoken to Bill C-77, on modernizing criminal justice within the context of the National Defence Act. I supported a number of measures in that bill. In fact, the previous government introduced Bill C-71 in the last Parliament to try to update the National Defence Act and the treatment of criminal conduct by members of the Canadian Armed Forces. That is still in a state of flux. All these bills, particularly because they deal with the rights of the accused and the rights of the victims or complainants in these cases, should be given specific attention and not be put into omnibus bills.

I would like to speak for a moment about the fact that this bill is part of the process of requiring a charter statement from the government with respect to legislation before the House of Commons. I have some concerns about that approach, in two ways. First, I am worried that it may send some sort of chill to suggest that the government is trying to inoculate itself by saying that it reviewed the bill ahead of time and has a charter opinion on it, meaning, therefore, that we cannot raise charter concerns or that there is no reasonable basis to have concerns about its validity under the charter by groups that may be impacted by the decision of this Parliament.

The very nature of the charter itself was to give a back and forth test with respect to the will of Parliament, and the ability for the court to determine whether fundamental charter rights were breached directly or indirectly by legislation in the context of enumerated groups under section 15 of the charter, are expressly contained within the charter, or are analogous ground groups, provided by subsequent court decisions.

The balancing test under section 1 of the charter, the Oakes test, which I learned in law school and is some of the first charter jurisprudence, is that balancing of the charter. By issuing a charter statement, I am quite concerned the government is trying to suggest it is doing its own Oakes test, its own charter examination of issues at the time it is passing legislation. I am not suggesting it will cause chill, but I have not have heard an argument from a member of the government bench to suggest this is any different than any government since the mid-1980s, when the charter came into effect.

Suggesting that the seal of approval for the charter is granted by one of these statements is simply ridiculous. It is up to the court to provide that reasonableness and those limitation tests under the provision of section 1 of the charter, which allows a charter right to be violated by legislation, but applies a reasonableness and balancing test to it since the Oakes jurisprudence started.

I will give a couple of examples of why I have this concern. In this Parliament, we have seen many instances of the government acting in a way I firmly believe violates the charter rights of many Canadians. This is germane because just today, shortly before we rise for Christmas, the government is reversing its position on the so-called values screen for Canada summer jobs.

We all know the controversial values test was applied for the first time in the history of this summer employment plan for youth as a clear way the government intended to exclude faith-based organizations and other service organizations from funding related to students. There were concerns from a charter basis expressed from day one when it came to the values test. Is the government suggesting, with its charter statements, that its actions on a whole range of decisions are somehow inoculated because it is providing a charter assessment? That is political theatre. It cannot provide its own charter assessment. It tries to craft legislation that it feels strikes the right balance, but the actual charter determination is not made in this chamber, which writes the laws, but in other courts.

We bow to the Speaker. We have a bar. This is a court. We write the laws, but we do not adjudicate our own laws. This is a very big distinction I have not heard the government express any clear indication on yet.

I will use another example. There have been several violations, in my view, of indigenous peoples' rights with respect to the duty to consult. In fact, I believe Bill C-69 violates that duty. We can look at the approach the government has taken on the cancellation of the northern gateway pipeline, which is one-third owned by indigenous groups. The duty to consult is not frozen in time. It does not exist 10 years before one develops a pipeline or cuts trees in a forest. If one decides to change the circumstances of that consultation, or cancel something that indigenous peoples are a one-third owner of, one has a duty to consult them on the cancellation. This is an ongoing duty.

The fact that the government may have a piece of paper that says this is our charter statement, this is our validation that the bill conforms with the charter, is political and inappropriate, because the government is suggesting this legislation will withstand any judicial scrutiny before the judicial scrutiny is applied. The government is suggesting that this is A-okay. That is not the way it works.

I invite the Minister of Justice and Attorney General and the parliamentary secretary to walk a little past the Confederation Building on the Hill to a building called the Supreme Court of Canada. It is there that the Oakes test was born, the Oakes test where the section 1 charter clause was.

As I have said, the values test that the government did to politicize the Canada summer jobs program would not be inoculated because of a government-produced charter statement nor would some of its actions with respect to Bill C-69, Bill C-75, Bill C-77. These are court determinations.

I do not have any proof because the charter statement concept is part of the government's justice reforms, including in this legislation, but I do have serious concerns that it will send a chill to suggest that the government will not consider valid concerns people have with respect to their charter rights.

I would like subsequent members of the Liberal caucus, particularly the ministers or the parliamentary secretaries, to provide a substantive rationale for their approach with respect to the charter statements. Are they somehow suggesting that previous governments, both Conservative and Liberal, have somehow not conformed to the charter by doing exactly what we are supposed to do as a Parliament, which is to try and find the right balance between the will of the people and certain provisions within the charter? That is done by a court using the Oakes test, doing the balancing. Producing a charter statement does not protect the government from criticism.

As I said today, days before Christmas, the government suddenly admits that its approach on the values test for summer jobs is wrong. This is much like days before Christmas last year, when it broke its promise to veterans on the return to the Pension Act. The Liberals make very good use of the pre-Christmas period not just for parties, but for dumping out their dirty laundry.

I would like to thank the thousands of Canadians from across the country and many of my colleagues in this chamber for representing the charter rights of millions of Canadians with respect to the conduct of the Canada summer jobs program.

Why I am focusing on this part of the bill is because we have to make sure that Canadians, members of the media and members of both Houses of Parliament do not get fooled by the fact that the government validating its own legislation under the guise of charter approval is not actually charter approval.

I am hoping in the remaining debate we can actually hear a cogent argument from the Liberal caucus on this. Otherwise, it seems to be more of the sort of media spin that we hear from the government.

The Prime Minister just yesterday, while leaning on his desk acting like a professor, told the opposition what we should ask and what we should criticize. We know full well what we should ask and we know where our criticisms and critiques are warranted.

Quietly, when the House does not sit, the Liberals backtrack on things, like they did today on the summer jobs values test, like when we rose for Remembrance week, and Miss McClintic, another justice consideration, was quietly transferred to a prison as we had been demanding, and as the break week happened Statistics Canada suddenly pulled back its program.

Like the Chris Garnier criticism, the non-veteran murderer who is receiving treatment funds from Veterans Affairs Canada, on most of the criticisms we have been raising even though they make the Prime Minister uncomfortable, the Liberals have backtracked. We have been doing our job quite effectively.

In the remaining time for debate, I would like one of the Liberal members to stand up and provide a context and a rationale addressing my concerns in regard to charter statements with respect to the bill before us and others.

As I said at the outset, we support the amendments and update of our Criminal Code with respect to sexual assault.

National Defence

[Stephen Fuhr, Liberal, Kelowna—Lake Country, BC]

Mr. Speaker, I have the honour to present, in both official languages, the 13th report of the Standing Committee on National Defence in relation to Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts. The committee has studied the bill and has decided to report the bill back to the House with amendments.

[Serge Cormier, Liberal, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I thank my colleague for his question and his excellent work on the committee.

As we all know, our government is committed to strengthening victims' rights in the military justice system.

That is what we are doing with Bill C-77, which adds a declaration of victims rights to the Code of Service Discipline.

Bill C-77 ensures that victims rights are upheld and allows the victims to have the help of a liaison officer to navigate in the military justice system.

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

Mr. Speaker, on average, more than one member of the Canadian Forces dies by suicide each month. Unfortunately, serving members often struggle to get the help they need, with one barrier being that self-harm is still a disciplinary offence under the military code of conduct. This policy is archaic and does nothing but keep the men and women serving our country who face mental health challenges from seeking help.

Will the minister support the NDP amendment to Bill C-77 to remove self-harm as a disciplinary offence and help serving members get the help they need and deserve?

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue second reading of Bill C-78, the family justice act. Tomorrow we will begin debate at third reading of Bill C-79, the comprehensive and progressive agreement for trans-Pacific partnership implementation act.

Next week, members will be working with Canadians in their ridings. When we return, we will begin debate on Senate amendments to Bill C-65, the harassment prevention act. Priority will then be given to the following bills: Bill C-77 on the Victims Bill of Rights and Bill C-82, the multilateral instrument in respect of tax conventions act.

Lastly, I would like to take this opportunity to wish all of my colleagues and their families a happy Thanksgiving.

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon, we will continue debate on the NDP opposition motion.

Tomorrow, we will start the second reading debate on Bill C-82, the multilateral instrument in respect of tax conventions act.

Monday, we will resume second reading debate of Bill C-77 on the Canadian Victims Bill of Rights and of Bill C-78, the family law act.

Next Tuesday, October 2, shall be an allotted day.

Finally, for the rest of the week, priority shall be given to report stage and third reading of Bill C-79, the CPTPP implementation act; and the Senate amendments to Bill C-65, the framework for the prevention of harassment.

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue third reading debate of Bill C-71, the firearms legislation. Tomorrow, we will have second reading debate of Bill C-77, the victims bill of rights.

On Monday, we will return to the second reading of Bill C-81, an act to ensure a barrier-free Canada. We also hope to start debating Bill C-78.

National Defence

[Jean Rioux, Liberal, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, during this Victims and Survivors of Crime Week, we are reiterating our commitment to strengthening victims' rights in our military justice system. By introducing Bill C-77, we are adding a declaration of victims' rights to the Code of Service Discipline under the National Defence Act.

This bill includes a provision to incorporate indigenous consideration, something the previous Conservative government neglected to include.