Bill C-66

Military Justice System Modernization Act

An Act to amend the National Defence Act and other Acts

This enactment amends provisions of the National Defence Act that relate to the military justice system in response to the Report of the Third Independent Review Authority to the Minister of National Defence and the Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces.
In response to those reports, the enactment amends that Act to, among other things,
(a) modify the process for appointing the Canadian Forces Provost Marshal, the Director of Military Prosecutions and the Director of Defence Counsel Services with a view to enhancing their independence;
(b) affirm the Judge Advocate General’s respect for the independence of authorities in the military justice system in the exercise of the Judge Advocate General’s superintendence of the administration of military justice;
(c) remove the court martial’s jurisdiction to try a person in relation to an offence under the Criminal Code that is alleged to have been committed in Canada and that is of a sexual nature or committed for a sexual purpose;
(d) remove the Canadian Armed Forces’ authority to investigate an offence under the Criminal Code that is alleged to have been committed in Canada and that is of a sexual nature or committed for a sexual purpose;
(e) expand the class of persons who are eligible to be appointed as a military judge;
(f) expand the class of persons who may make an interference complaint and provide that a member of the military police or person performing policing duties or functions under the Canadian Forces Provost Marshal’s supervision must make such a complaint in certain circumstances; and
(g) change the title of the Canadian Forces Provost Marshal to the Provost Marshal General.
In addition, the enactment amends the National Defence Act to remove military judges from the summary hearing system and to provide that, in the context of a service offence, an individual acting on behalf of a victim may request that a victim’s liaison officer be appointed to assist them.
It further amends that Act to harmonize the sex offender information and publication ban provisions with the amendments made to the Criminal Code in An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act .
Finally, it amends the Criminal Code to, among other things, provide superior courts of criminal jurisdiction with the jurisdiction to hear applications for an exemption in respect of orders to comply with the Sex Offender Information Registration Act made under the National Defence Act and applications to vary the duration of such orders.

Military Justice System Modernization Act

[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.

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

Mr. Speaker, I appreciate the minister's tabling Bill C-66 at second reading. The Conservatives will be supporting Bill C-66, but we want to send it to committee. We know that it needs to be thoroughly studied, and we want to make sure that it is going to work for victims. We want to hear from stakeholders, military justice experts and the CAF itself to ensure that the appropriate action is being taken.

The government came to power nine long years ago, and here we are in the dying days of this Parliament and the government, and the Liberals are finally bringing forward something they knew was a problem. In 2015, former chief justice Deschamps brought forward a report that sat on the desk of former chief of the defence staff Jonathan Vance, and on the desk of the former minister of national defence, who is now the Minister of Emergency Preparedness, for years and they did nothing with it.

The Liberals actually covered up the sexual misconduct by former chief of the defence staff Jonathan Vance. They even stalled a committee from doing an investigation into why there was a cover-up from the Prime Minister's Office by Katie Telford and by the former minister of national defence. Why did they allow that to happen and why did they not act then to address the problems we had in the Canadian Armed Forces in protecting the victims of sexual misconduct?

[Bill Blair, Liberal, Scarborough Southwest, ON]

Mr. Speaker, I am very gratified to hear that the member opposite, my critic in defence, and the Conservative Party will support the passage at second reading of Bill C-66. It is absolutely essential that we move forward with all speed. We all have a shared responsibility, and I believe every single member of this House cares about the men and women who serve in the Canadian Armed Forces. I believe we all know that we have to work together to ensure that they have a safe, respectful and supportive work environment. I would very much like to get this bill to committee because I very much respect the work of the committee, and I am very gratified to hear of the member's support.

I also feel a great sense of urgency. This is an important bill. As I said, on the very first day I was appointed to this position, I tried to explain to DND and to Canadians that it was among my greatest responsibilities to make sure that we find every possible way to support all of the men and women of the Canadian Armed Forces. I believe that is a value that everybody shares. I will wait respectfully to hear from our friends from the other parties, but I believe it is very much in the best interests of Canadian Armed Forces members, members of DND and all Canadians that we move forward with all diligence and speed to get this bill passed. We have work to do. Let us do it together.

[Christine Normandin, Bloc, Saint-Jean, QC]

Mr. Speaker, my question is going to be somewhat similar to the question from my colleague, the co-chair of the Standing Committee on National Defence.

Since 2015, the issue of sexual misconduct has become common knowledge, so much so that Justice Deschamps, who reported on it at the time, served a guide for Justice Arbour, who also had to report on it. She wondered why she was being approached to do something that had already been done.

This bill was introduced in March, but we had to wait until September for second reading. It took some time. The bill primarily focuses on sexual misconduct, although we know that military personnel are complaining about many other kinds of grievances too.

If we had done the work on sexual misconduct a little sooner, would we have been able to move on to the next step by now and address other kinds of grievances that military personnel are complaining about? These grievances are adding fuel to an already serious fire, which explains why we are having problems with recruitment and retention.

[Bill Blair, Liberal, Scarborough Southwest, ON]

Mr. Speaker, I also feel a sense of urgency. We have to get this done.

We have made very significant progress in response to all of Arbour's recommendations. We have also published a comprehensive implementation plan, which is available to all members of the House, to give a very clear outline of the work we are undertaking and will continue to do to get this done.

There is only one recommendation contained in Arbour's recommendations that requires legislative changes, and as members know, we introduced legislation back in March. This is our first opportunity to debate it, and I believe absolutely that we have the ability to work on this important matter together and get it to committee.

I believe the committee will add great value to this discussion. It will have an opportunity to hear from witnesses and move this forward. However, in the interests all of the men and women who have served or continue to serve in the Canadian Armed Forces and the Department of National Defence, and frankly in Canadians' interests as well, we are required to put our heads down together and get this job done.

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

Mr. Speaker, I want to thank the hon. minister for bringing this legislation together. The New Democrats will be supporting it at second reading to get it to committee because we know how important it is.

However, what I heard over the summer from many of the survivors of military sexual trauma, and the minister noted it, is that while the work of Louise Arbour was incredible and the consultation was very much needed, that was the work she had done. The work the government had done did not consult survivors. They were very concerned that they were left out of the consultation process for this piece of legislation.

I would very much like to hear an explanation from the minister of the gap that seems to have occurred.

[Bill Blair, Liberal, Scarborough Southwest, ON]

Mr. Speaker, I give my personal thanks for your and your party's support, which will allow this bill to move forward. That is important and it will allow us to get some work done.

With respect to consultation, as I have indicated and as Madam Justice Arbour reported, she did do fairly extensive consultation, during which she talked to hundreds of survivors, advocates and witnesses, who provided her with advice. I think her recommendations are a really clear road map of the path forward, and we have been well informed by them. I also want to assure you that our chief of the defence staff, in her previous role, conducted very extensive consultations. She advised me that she spoke to 16,000 people, and not just members of the Canadian Armed Forces, although there were many, and members of DND, but also advocates, survivors and witnesses. There was very extensive consultation.

I also hear you, because I have heard the same thing. There are some people who do not yet feel they have been heard. We are presented with a real opportunity at committee to give those people another forum where they can come forward and share their experiences and opinions with the committee. I also hope that you engage with our chief of the defence staff, who oversaw the consultation with over 16,000 people, so that she can share with you the results of those consultations.

I do not think we can ever do enough to listen to the lived experiences. People need to know that they have been heard, and we have tried very hard to hear them. I know there is no universal consensus on exactly the right way forward, but we have been informed by the excellent report of Justice Arbour and the excellent report of Justice Fish. We have listened to literally thousands of people who have come forward and offered their opinions, their lived experiences and their advice. Our work has been informed by that experience and that advice, but I would welcome the committee taking even further steps to continue in that consultation.

[Rechie Valdez, Liberal, Minister of Small Business]

Mr. Speaker, I thank my hon. colleague for putting forward this important legislation. I want to give a shout-out to all of our veterans and those who have served and who continue to serve our country, especially those from Mississauga—Streetsville's Legion 139.

I think a few of us in this room were able to be on the veterans affairs committee, and while serving on that committee, we heard many different testimonies, especially when we did the women's study. It had testimony from those who experienced sexual misconduct on how traumatizing those experiences were.

My hon. colleague talked about trust and how vitally important trust is, so I would like him to share how the reforms he is putting forward will continue to build trust with those who serve our country.

[Bill Blair, Liberal, Scarborough Southwest, ON]

Mr. Speaker, I thank my colleague for her concern.

I believe that for every member of the Canadian Armed Forces and the Department of National Defence, having trust in their workplace, that their rights will be protected and that they will be respected is absolutely essential. It is why, in this bill, we are trying to make very clear that all members of the military justice system will be independent in their actions so that they will not be taking direction from the chain of command. They need to know that they are going to be treated with fairness, respect and compassion. They also need to know that they are going to have access to services.

Our responsibility, all of us, is to show respect and that we have heard their concerns. We have a responsibility to every man and woman who serves in the Canadian Armed Forces to make sure that they have a respectful, supportive work environment and to treat them with the dignity and respect that each one of them deserves. This bill is going to help us with that, but we have a job to do to make sure that we explain exactly what our rationale is. There has been a great deal of consultation, but there is more work to do.

[The Deputy Speaker, Conservative, Chris d'Entremont]

Before going to the next speaker, I want to remind colleagues that we run our questions and answers through the Chair and we do not refer to individual members with the word “you”, which we are not supposed to use here but was used a bunch of times in the debate.

I know the hon. minister was thinking about me but was looking at someone else. I want to thank him for his presentation and for his comments.

Resuming debate, the hon. member for Selkirk—Interlake—Eastman.

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

Mr. Speaker, it is always an honour to stand in this House and speak for the brave women and men who serve in the Canadian Armed Forces. Conservatives are proud of our soldiers, sailors and aircrew, and we want to support all those in uniform who serve Canada.

Conservatives believe that sexual misconduct, discrimination, racism and other forms of harassment must be stomped out of the Canadian Armed Forces because all military members deserve a safe and respectful workplace. It is hard enough to do the dangerous work that we call upon them to do. We know they face incredible danger in addressing the conflicts around the world and the domestic responses to natural disasters right here in Canada.

The previous Conservative government, and we are talking nine years ago, accepted all recommendations from the Deschamps report to eliminate all sexual harassment from the Canadian Armed Forces. That report, as I already asked the minister about, sat on the desk of the former chief of the defence staff, Jonathan Vance, and on the desk of the former minister of national defence, who is now the Minister of Emergency Preparedness and the seatmate of the current Minister of National Defence. It sat on their desks and collected dust. Here we are, nine years later, and they are finally moving forward with legislative changes to the military justice system.

I would say that we cannot trust the Liberals to actually implement the policies needed to stop sexual assault and sexual misconduct within the Canadian Armed Forces when we look at the soft-on-crime policies they instituted in our Criminal Code and our criminal justice system in the civil courts from coast to coast to coast. After nine long years and two more reports from two more former superior court justices, the victims of sexual misconduct within the military still have no answers and they are not having their cases dealt with properly.

As I said earlier, Conservatives support Bill C-66. We want to get it to committee. We know it needs vigorous study. We know we need to hear from witnesses, both experts and academics, who are familiar with the National Defence Act and the military justice system, but we also have to hear from victims. We have to hear from those who serve in the Canadian Armed Forces and other stakeholders, including the legal community, provincial governments and municipal courts, that are going to be forced to handle the investigations, the collection of evidence and the prosecution within our court systems that are already overrun because of the soft-on-crime policies the Liberal government has brought forward.

We have these outstanding issues on whether there is capacity within the civilian court system to handle what is coming from the Canadian Armed Forces. The biggest problem is that they are overrun because of the soft-on-crime approach that is allowing people to get out on bail. Repeat offenders just keep going out and reoffending. That is why Conservatives always say, “Jail, not bail”. By doing that, not only are we taking dangerous and repeat offenders off our streets and making our communities safer, but we are going to be able to free up more resources within the court system to deal with things like sexual misconduct within the Canadian Armed Forces.

Conservatives are wondering about some of the logic within Bill C-66. It is proposing to take the investigation and prosecution of sexual misconduct within the Canadian Armed Forces outside of the military itself for any offences that occur within Canada. They would be moved into the civilian system, whether it is municipal or provincial police departments, or even the federal police department, the RCMP, in some jurisdictions. We would see the skills and ability of our military police and criminal prosecutors within the Office of the Judge Advocate General atrophy and deteriorate.

Within Bill C-66, whenever our troops are deployed out of Canada, we are still going to be in a situation where they are going to be the lead investigators and lead prosecutors, as well as the defendants, as we know happens within the military justice system, which has both prosecutors and defenders in order to provide the balance of justice to those who are accused and those who are plaintiffs. However, if they are not good enough to prosecute and investigate sexual misconduct within the Canadian Armed Forces when it happens here in Canada, how do we know we can trust them for cases outside Canada? I know I do, but I wonder if the minister is at all concerned about the atrophy of those skills, at both the prosecutor level and the investigator level, for our military police if they are not getting the repetitions. It is just like exercise; one has to do it over and over again.

The other concern we have is about the new Governor in Council appointments. Currently, the Governor in Council, or the cabinet, the Prime Minister, the PMO, appoints the chief of the defence staff, the deputy minister, the national defence and Canadian Armed Forces ombudsman and the judge advocate general. They are all done through an order in council and they all report to the Minister of National Defence. Now we would be adding more Governor in Council appointments: the director of military prosecutions, the director of defence counsel services and the provost marshal.

That would increase independence, but there are questions around the terms and lengths of those appointments. There is no consistency with other Governor in Council appointments we have, both in the civil system, within the bureaucracy and other government appointments, and those appointed under the National Defence Act. There is also no clarification of how those individuals would be reappointed. There have even been questions raised about whether having these three new Governor in Council appointments, who right now report to the JAG, would make having the judge advocate general irrelevant and the position undermined because of directives that can come from the minister.

We are also very concerned that this would increase political interference, which we have already witnessed with the Liberal government. This is because it would be giving the power to the Minister of National Defence to not only have control over more individuals within the Canadian Armed Forces, but also to issue guidelines under Bill C-66 with respect to prosecutions, which would open the door to that political interference.

All we have to do is look at some of the cases the government has already politically put pressure on to have moved to the civilian system. There was the case of Vice-Admiral Mark Norman; we can look at how that came about. Of course, those charges were all stayed and there was a legal settlement paid out by the Government of Canada to Vice-Admiral Mark Norman for its witch hunt.

There was the case of Jonathan Vance, the former chief of the defence staff. In that situation, he was not charged for sexual misconduct but was actually charged for obstruction of justice.

The next case I want to touch on is that of Admiral Art McDonald. Again, this was a political appointment by the Liberal government, and he was chief of the defence staff. It then came to light that there was some misconduct in his background. When it came time to prosecute, those charges were all dropped by the military prosecution office.

Major-General Dany Fortin was acquitted by the Quebec judicial system. There is pressure coming from the Liberals on National Defence and the Canadian Armed Forces to move these to the civil system, so here he is getting off. All we are doing is destroying these people's reputations, and from the victim's standpoint, they are not getting any justice.

With respect to Lieutenant-General Trevor Cadieu, his cases were stayed by the Ontario justice department.

Vice-Admiral Haydn Edmundson was found not guilty in the Ontario justice system. That case was just ruled on earlier this week, and it was found that a CBC reporter actually tampered with a witness and all the testimony was thrown out.

The last one I have here is Lieutenant-General Steven Whelan, and again, the charges were dropped by military prosecutors, and Lieutenant-General Steven Whelan has filed a statement of claim. When we look at all of this, we know we have a situation where the political pressure on national defence from the Prime Minister and the Minister of National Defence to move these into the civilian court system does not automatically result in justice for the victims. It actually turns into situations where we have liability because of increased defamation of the characters of individuals who have served this country for long, hard years as military leaders.

We know General Jonathan Vance as a former chief of the defence staff. When we studied this at the national defence committee, for three months the Liberal chair kept adjourning the committee and refused to let us hear from witnesses and experts and victims about the cover-up that happened when the victims came forward about Jonathan Vance. The news stories broke and it came to light that the former minister of national defence, the Minister of Emergency Preparedness, had gone to great lengths to block the investigation, to turn a blind eye. The Prime Minister was involved in that. Unfortunately, the only committee that was able to give any type of report was the status of women. The Conservatives said, in response to that report, that it was “abundantly clear that there has been a lack of leadership by [the defence minister] on the issue of sexual misconduct in the Canadian Armed Forces.”

Of course, instead of finishing the report and getting to the bottom of this, an election was called, Parliament was prorogued and the report died. The Liberals had lots of opportunities to act earlier than 2024. They had lots of reports they could have relied on. I mentioned the 2015 Deschamps report. In 2018, the Auditor General released a report on inappropriate sexual behaviour in the Canadian Armed Forces and then updated that report, the national defence and Canadian Armed Forces ombudsman report on sexual misconduct, in 2021. We had the Justice Fish report, which was a very extensive report with hundreds of recommendations. There was, also from the status of women committee here in Parliament, the 2021 report “Eliminating Sexual Misconduct Within the Canadian Armed Forces”. What did we have? Indecision, dithering, delays and punting this down the road to 2024.

Meanwhile, while all this was happening, sexual misconduct, sexual harassment and sexual violence have escalated. As I have said before, we are trying to push out any sexual misconduct within the Canadian Armed Forces on base and here in Canada. Since 2015, over the last long nine years of the Liberal government, we have seen total sexual assaults at all three levels increase 74.83%. As for sexual violence in Canada, and this is all Canadians, sexual violence against children has increased 118.85%. Forcible confinement or kidnapping is up 10.6%. Indecent and harassing communications are up 86.41%. Non-consensual distribution of intimate images is up 801%. Trafficking in persons is up 83.7%.

These are huge numbers that are dominating the work of our civil judicial system, whether it is in defendants or prosecutors or municipal or provincial or federal police forces. We are now going to throw in there an increase in sexual misconduct that we are seeing at national defence.

Over the last five years, sexual misconduct reports have increased from 256 to 443. That is an increase of 73% under the watch of the Liberal government, which has turned a blind eye to this problem and failed to act in an appropriate manner.

However, I do not think we should be surprised by this at all, because this is a Liberal government that has failed our Canadian Armed Forces. It has failed our brave women and men, who are the best of the best that Canada has to offer. They go through some of the roughest training. They get screened from a medical and a health perspective before they are ever allowed to don the uniform, and the current government has allowed our Canadian Armed Forces to fall into complete disrepair for nine long years.

Our warships are rusting out, our fighter jets are worn out, the army has been hollowed out, and we are so short of soldiers, sailors and air crew that all our troops are burnt out. We have entire air squadrons now that have been shut down because we do not have enough personnel, whether pilots or maintenance personnel, to keep our fighter jets in the air. Our submarines are barely in the water. From all the Order Paper questions that we get back, we are lucky if we can put one submarine in the water for 100 days a year, and that is four submarines combined, which is embarrassing. How do we maintain skills if we do not have the opportunity to train and practise alongside our allies and protect our shorelines from other submarines?

When the Liberals announced their defence policy, SSE, back in 2017, I said that it was a book of empty promises. If we look at their track record, it is still a book of empty promises. The defence policy update was a year late and, again, fails to make a strong investment in the Canadian Armed Forces. In fact, after the Liberals brought forward their defence policy update, they cut a billion dollars from the budget, which is affecting the operational readiness of our Canadian Armed Forces. Over $10 billion has gone unspent, uninvested in the Canadian Armed Forces. This means that the delivery of much-needed equipment is happening later, and our troops are getting tired of operating on old, worn-out equipment.

Our troops do not feel safe. They do not feel respected. They do not feel honoured by the government. That is why we are short 16,000 troops in the reserves and regular forces today; this is a shocking number to start with. However, because we are so short of troops, we are also short of the people, the ladies and gentlemen, who make up a kind of middle management. These are the corporals, the master corporals, the sergeants and sergeant majors, who go out there and train our forces.

Right now, we have over 10,000 undertrained and undeployable members who are in uniform. We do not dare send them out, because they do not have all the skill sets they need to do the job that we want them to. This is the government's own number. Our military has been so badly hollowed out that only 58% of our forces stand ready to deploy; again, that is a huge embarrassment.

One thing that has really undermined our troops is that, at home and abroad, they have literally been left out in the cold. We have a housing shortage of 6,700 units. The government has only budgeted $8 million to build homes over the next five years. Last year, it only built 20 homes for our Canadian Armed Forces members, and the year before that, it only built 18. Thirty-eight new homes will not make up for the 6,700-unit shortage we have right now, and that is why so many of our guys are living unhoused. They are living in tents; they are couch surfing and sometimes living in precarious situations.

I will close with this: The next Conservative government will rebuild the Canadian Armed Forces by cutting down on the bureaucracy and the wasteful spending on unnecessary consultants. We have people in the Canadian Armed Forces and within the Department of National Defence who can do that job. We will reduce that tail and invest it in the tooth of our military. We will take the taxpayer money that is going to foreign dictatorships and despots and reinvest that into the Canadian Armed Forces. We will spend more on the Canadian Armed Forces than the Liberals ever hoped to, and we will make the Canadian Armed Forces stronger and ensure they have the equipment they need. We will restore the honour and integrity of our military heroes so that Canadians can be proud of them. We will reverse all the woke Liberal culture, that experiment they have been carrying on; instead, we will support the war fighters of the Canadian Armed Forces so that they can proudly serve, proudly defend and proudly fight alongside our allies when they are called upon.

[Bill Blair, Liberal, Minister of National Defence]

Mr. Speaker, first, let me admire the hubris of the member opposite. When he sat in government and his then government reduced defence spending to less than 1% of GDP, he sat there and went along with it. Over the last eight years, as we have more than doubled defence spending in Canada, every single time, the member voted against the dollars for it. Even when we brought forward money for a well-deserved raise for our soldiers, he sat there on his hands and voted against it. Deeds speak; his actions and the actions of a Conservative government speak much louder than the empty talk we are hearing now.

I just want to comment on some of his remarks. I have been involved in the criminal justice system most of my adult life. I want to advise him that acquittal is not evidence of a dysfunctional justice system; in fact, it is quite the opposite. It is actually proof that the system can work. I also want to address another misconception in his words. When we are eliminating concurrent jurisdiction and moving these sexual offences into the civilian criminal justice system, we are not suggesting that our military police are not doing their job properly. They are excellent, and they do their work very ably.

The change is not about the military police. The change is about the victims; it is about the perception of victims, of women and men, who have been subject to sexual harassment and sexual assault in the Canadian Armed Forces and the Department of National Defence. We want to make sure that they can trust that they do not have to go to their boss to report their victimization. They can seek justice and support in a way that is independent of their work environment. That is how we create a safe, supportive and respectful work environment for those people, not by invoking somebody's very strange version of warrior culture.

We are talking about treating all the men and women of the Canadian Armed Forces decently, respectfully, which is the way they deserve to be treated.

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

Mr. Speaker, let us just remind everyone that, if we actually look at what we bought and got delivered in a very short time for our Canadian Armed Forces when they were deployed and in theatre, there were five brand new C-17s and a whole fleet of new HERC-130Js. The Liberals had thrown away our Leopard tanks. Can members guess what we did? We bought a whole new fleet of Leopard tanks. We upgraded all our LAVs and our frigates, and everything was in perfect fighting condition.

Now we are in a situation where we do not have enough tanks to train with. We gave away all of our howitzers and did not replace them. We have a situation where we cannot actually deploy, because our individuals are stretched thin. This is outside the good work we are doing in the theatre of Latvia. We could not deploy anybody to go down to Haiti to help bring justice there under the government, because our troops are so poorly equipped and so poorly trained at this point in time that they cannot handle the workload coming at them. We are looking at a shortage of staff.

All we have to do is look at the track record on all the high-level cases that the Liberals have brought forward already. Where is the justice for the victims? Every court case was stayed or the defendant was found not guilty. In Jonathan Vance's case, he was not charged for sexual misconduct or even abuse of authority of his position as CDS. He was charged with obstruction of justice.

[Christine Normandin, Bloc, Saint-Jean, QC]

Mr. Speaker, I thank my colleague and co-chair of the Standing Committee on National Defence for his speech.

At the beginning of his speech, he mentioned the importance of hearing from victims and getting their views on Bill C‑66. However, it takes a lot of courage for victims to come forward and testify publicly about this type of case.

I cannot help but recall what happened this summer at a meeting of the Standing Committee on the Status of Women on the topic of domestic violence. It turned into a shocking free-for-all amongst the Liberals, Conservatives and NDP, right in front of the victims, who ended up leaving the room in tears. Only my Bloc Québécois colleague from Shefford rose above the fray and was respectful.

If I were a victim, I would be doubly afraid and reluctant to testify before a committee. I have an idea. If we were to hear from potential victims in camera, would my colleague agree to that?

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

Mr. Speaker, as a father of three daughters, I want to make sure that any victim, male or female, who wants to come before our committee is treated with the utmost respect and that the political partisanship that we often play at would have no place in this study on Bill C-66.

We need to ensure that they have a safe place to help us do an analysis of Bill C-66. If we are in a situation where there are shortfalls within the legislation, or if there are situations that need to be amended, then we need to hear from those victims and we need to make sure they are feeling safe, welcome and respected. I encourage all members of our national defence committee to do so.

As vice-chair and former chair of that committee, I can commit today that members from the Conservative side will definitely respect all who appear. This is not about partisan one-upmanship, especially when we have those individuals in the room. This is about making sure that we get this right, that the military justice system is there to serve those who are already putting their lives on the line for this country and ensuring that they have a safe and respectful workplace where they do not have to worry about being mistreated and sexually assaulted by any of their cohorts.