Military Justice System Modernization Act

An Act to amend the National Defence Act and other Acts

Sponsor

Bill Blair  Liberal

Status

Second reading (House), as of Sept. 19, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-66.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Military Justice System Modernization ActGovernment Orders

September 19th, 2024 / 4:45 p.m.


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Cambridge Ontario

Liberal

Bryan May LiberalParliamentary Secretary to the Minister of Small Business and to the Minister responsible for the Federal Economic Development Agency for Southern Ontario

Madam Speaker, the Minister of National Defence has made it clear that he is committed to ensuring that the Department of National Defence and the Canadian Armed Forces are workplaces where all members, military and civilian, feel supported, respected and included. While much has been accomplished toward this goal, there is still more to do.

Bill C-66 is another critical step toward lasting institutional reform, as well as toward strengthening trust and confidence in the military justice system. It is the next step in the Department of National Defence and the Canadian Armed Forces' efforts to implement recommendations from the independent external comprehensive review and the third independent review of the National Defence Act.

Apart from the recommendations addressed in Bill C-66, the Department of National Defence and the Canadian Armed Forces have also made progress on recommendations from the minister's advisory panel on systemic racism and discrimination report and the national apology advisory committee report.

Overall, these four reviews have helped define how DND and CAF are undertaking changes to the military justice system and culture change. That is why today I would like to provide the House with an overview of these independent external reviews and the progress the Department of National Defence and the Canadian Armed Forces have made to implement their recommendations to date.

I will begin with the independent external comprehensive review, also known as the IECR. This review was launched in April 2021 and led by former Supreme Court justice Louise Arbour to examine harassment and sexual misconduct in National Defence and the Canadian Armed Forces, as well as policies, procedures, programs, practices and culture, including the military justice system.

I apologize; I should have mentioned at the outset that I need to split my time with the hon. member for Hamilton Mountain.

The final report was made public on May 30, 2022, and the minister at the time welcomed all 48 recommendations. When the final report was received, there were 17 recommendations for which implementation could actually be undertaken immediately. These included, but were not limited to, the implementation of recommendation 48, appointing an external monitor to oversee the implementation efforts of the IECR's recommendations.

The minister at the time appointed Madame Jocelyne Therrien as the external monitor, who provides monthly progress reports to the minister on the implementation of the IECR's recommendation. She also provides biannual progress reports that are made available publicly.

The minister also announced the implementation of recommendations 7 and 9, changes to the military grievance and harassment process, in August 2023. With the implementation of these recommendations, any CAF member who has experienced sexual harassment can now choose to direct their complaint directly to the Canadian Human Rights Commission without first exhausting the internal grievance and harassment process.

More recently, in June 2024, the minister announced that in response to recommendations 1 and 2, the CAF had issued interim policy guidance to abolish the definition of sexual misconduct for its policies and to include sexual assault as the stand-alone definition, referring to the Criminal Code as the applicable law.

In response to these recommendations, the term “sexual misconduct” has been replaced with three new terms: “conduct deficiencies of a sexual nature”, “harassment of a sexual nature” and “crimes of a sexual nature”. Sexual assault is also included as a distinct definition in relevant policies. These changes will provide better coherence and clarity, reduce confusion and better capture the range of inappropriate conduct.

The minister also announced the repeal of the duty to report regulations in response to recommendation 11. Madame Arbour found that these regulations, while well intended, took away the agency and control of survivors in the reporting process, potentially leading to the revictimization of those they were meant to protect.

The repeal of the duty to report came into effect on June 30, 2024. As we see with Bill C-66, the department is seeking to remove the CAF's investigative and prosecutorial jurisdiction over the Criminal Code sexual offences committed in Canada, which would address a part of recommendation 5 of the IECR. Since December 2021, all new Criminal Code sexual offence charges are now being laid at the civilian justice system and no new sexual offence charges are being adjudicated in the military justice system. Bill C-66 would also address recommendations from the third independent review of the National Defence Act.

In November 2020, the hon. Justice Fish was appointed to conduct an independent review of specified provisions of the National Defence Act and their operation. In June 2021, the minister tabled the report before Parliament. Justice Fish provided the minister with 107 wide-ranging recommendations that support the ongoing modernization of the military justice system, military policing, military police oversight and the grievance process. This is the most comprehensive independent review and far-reaching examination of the military justice system since the reviews led by former chief justice of Canada Brian Dickson in the late 1990s.

Bill C-66 would address eight recommendations from the review. The amendments would seek to, among other things, modify the process for the appointment of the Canadian Forces provost marshal, the director of military prosecutions and the director of defence counsel services. They would also expand the class of persons who are eligible to be appointed as a military judge to include non-commissioned members, and change the title of the Canadian Forces provost marshal to the provost marshal general, to align with the titles of other senior designations in the CAF. The amendments would seek to strengthen trust in the military justice authorities operating independently from the chain of command and to bolster the trust and confidence of Canadians in the military justice system.

DND and CAF are also building on previous external and internal reports and recommendations focused on racism and discrimination. The minister's advisory panel on systemic racism and discrimination was created to identify ways of eliminating racism, prejudice, discrimination and gender bias within the military. Through the report, DND and the CAF have established the director of anti-racism implementation, formerly the anti-racism secretariat, under chief professional conduct and culture to inform and focus our institutional efforts to address racism and discrimination. We are also collaborating with other government departments in the development of Canada's anti-racism strategy and expanding the availability of anti-racism resources.

There are many intersections between this report and the national apology advisory committee report, which included eight recommendations for the Government of Canada. These included an apology for the treatment of the No. 2 Construction Battalion, the largest all-Black military unit in Canada's history. The government made this historic apology in July 2022.

The Department of National Defence and the Canadian Armed Forces maintain an unwavering commitment to implementing the recommendations of former Supreme Court justices Arbour and Fish, as well as the recommendations from the minister's advisory panel on systemic racism and discrimination and the national apology advisory committee. The legislative changes proposed in Bill C-66 would play a critical role in helping us implement some of the recommendations from former justices Arbour and Fish and help rebuild trust in the military justice system.

Military Justice System Modernization ActGovernment Orders

September 19th, 2024 / 4:30 p.m.


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Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

Madam Speaker, it is always a pleasure to rise to speak in the House.

On behalf of the wonderful people of Calgary Midnapore, whom I continue to be so proud to represent, I am here today speaking to Bill C-66.

I will start by saying that as a Conservative and as a woman here in the House of Commons, I believe and Conservatives believe we need to continue to address sexual misconduct, discrimination, racism and other forms of harassment in the Canadian Armed Forces, because all military members deserve a safe and respectful workplace. I believe this as the shadow minister for the Treasury Board as well. I will also say, with a lot of pride, that Conservatives are proud of and support all of our men and women in uniform who serve Canada. Let us give a round of applause in the House of Commons right now for all the men and women who serve Canada.

The principle of this bill is to be respected and appreciated. However, we need to really consider two major factors when we consider Bill C-66. Number one is the results we have seen from the Liberal government so far. Is its money where its mouth is? Second is what is really important in our military and what is really going on with our armed forces at this time.

The Liberal government has had several reports it could have acted on, but instead, here we are in the last year of a parliamentary session for the current government and only now is it taking action. These reports include the 2015 Deschamps report; the 2018 Auditor General report on inappropriate sexual behaviour in the Canadian Armed Forces; the 2021 Justice Fish report; the 2021 DND-CAF ombudsman report on sexual misconduct; and the 2021 “Eliminating Sexual Misconduct Within the Canadian Armed Forces” report from the status of women committee, which my colleague the member for Sarnia—Lambton alluded to in her question to the previous Liberal speaker. There also would have been a report by the Standing Committee on National Defence, but the government instead chose to filibuster and keep the committee in the same meeting for three months and then prorogue Parliament for the Prime Minister's impromptu election. Instead of taking action, the Liberals asked for another report by another former justice and got the 2022 Arbour report.

Meanwhile, according to Statistics Canada, since 2015, total sexual assaults at all three levels were up 74.83% and increased 71% last year alone.

My point is that the current government has had the opportunity through several reports to take action and it has deferred taking action. Most insulting, which my colleague referred to, is how the government handled the sexual misconduct cases in 2021. For over six months, the Prime Minister and the then defence minister, now Minister of Emergency Preparedness, continually covered up information on sexual misconduct in the Canadian Armed Forces. We are not surprised on this side of the House to see that these concerns, pleas and issues of great importance would only be spoken to, be given platitudes, with no real action taken.

The Liberals then went to great lengths to block investigations and hide the truth from Canadians. Again, this is not only with regard to harm within the Canadian Armed Forces. As a result of soft-on-crime bills, like Bill C-75 and Bill C-5, Statistics Canada data since 2015 states that total sexual violations against children are up 118.85%, forcible confinement and kidnapping is up 10.63%, indecent harassing communications are up 86.41%, incidents of non-consensual distribution of intimate images are up 801.17% and trafficking in persons is up 83.68%. This is what we are seeing as a result of the inaction of the current government.

The Liberals put forward bills like Bill C-66, but they have done nothing. All of their previous platitudes and grandstanding were fake efforts to make real change, not only within Canadian society but within the Canadian Armed Forces. The annual number of reported incidents of sexual misconduct in the Canadian Armed Forces was 256 in 2018-19; it went up to 356 in 2019-20, to 431 in 2020-21, to 444 in 2021-22, and was 443 in 2022-23.

The Liberals talk a lot about things they want to do, reports they are doing and announcements they make, but the results speak for themselves. Nothing has changed. Nothing has improved in the Canadian Armed Forces. Our first point is that we are not seeing the results for the Liberals' efforts, because frankly, the Liberals are not doing anything.

The second is that we need to admit to the serious status of our Canadian Armed Forces, and after nine years of the Liberal government, our military is in a state of disrepair. The government has failed our Canadian Armed Forces and the men and women who serve. Our troops are hurting at home and abroad. They have been sent overseas and forced to pay for their own meals and buy their own equipment. Military families are turning to charity because they cannot afford the basic necessities.

In 2017, the Prime Minister promised to invest more in our forces, but has instead let $10 billion lapse and is now cutting the defence budget by another billion dollars. This cut affects operational spending. This means the situation facing our troops is not getting better. It is getting worse after nine years of Liberal neglect. The Liberals have overspent in every department except our military. They have shown that they do not care about our troops or the Canadian Forces.

This is being noticed internationally. It is being noticed at NATO. It is being noticed by what is historically our greatest neighbour and ally to the south, the United States of America. It is the reason Canada was excluded from AUKUS, the Australia-U.K.-U.S. arrangement, as well as the quadrilateral security dialogue between Australia, India, Japan and the U.S. There are even discussions to exclude Canada from the G7, if members can believe it, as a result of our lack of commitment. We do not put our money where our mouth is.

Then again, this is not a surprise coming from a Prime Minister who told our heroes they are asking for more than we can give. We are not taken seriously abroad as a result of the constant lack of judgment, whether the Prime Minister is praising the Cuban regime or siding with Hamas over Israel and refusing to support the U.S. in moving its embassy to Israel. It is just a constant lack of making the decision to stand with our allies.

As I said on funding, the Prime Minister and the defence minister are cutting $1 billion per year over the next three years and allowed $10 billion to lapse in the defence budget over the last several years. In fact, according to the most recent public accounts, $1.2 billion lapsed in defence spending in 2021 alone.

In conclusion, the Liberals can say that they care, that they are doing these nice things. They have had the opportunity to do much. They have constantly kicked the ball down the field and not done anything. The results speak for themselves. The numbers show that crime and acts of violence have not improved in society with their legislation, nor within the Canadian Armed Forces. Most humiliating is the standing we have lost with our allies around the world, as kicking us out of the G7 is being considered. The numbers and the spending show it.

A Conservative government would commit the spending, stand with our allies and show our men and women in uniform that it supports them. I look forward to doing that along with the member for Carleton.

Military Justice System Modernization ActGovernment Orders

September 19th, 2024 / 4:25 p.m.


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Orléans Ontario

Liberal

Marie-France Lalonde LiberalParliamentary Secretary to the Minister of National Defence

Madam Speaker, my colleague is talking about a previous government that allegedly did all sorts of great things for military justice reform. His party did nothing. It did nothing at all during the nine years it was in power, and yet my colleague comes here to criticize.

We all agreed that this bill is important. A number of measures have been taken in recent years. Twenty of Ms. Arbour's 48 recommendations have been implemented. We are going to keeping working until 2025 to implement them all.

However, today, we are here to talk about Bill C-66, because recommendation 5 provides for a change to the National Defence Act.

Will my colleague agree to send this bill to committee so it can be studied and moved forward?

Military Justice System Modernization ActGovernment Orders

September 19th, 2024 / 4:15 p.m.


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Conservative

Fraser Tolmie Conservative Moose Jaw—Lake Centre—Lanigan, SK

Madam Speaker, it is good to be back after the summer break and have my first speech in the House and represent the good people of Moose Jaw—Lake Centre—Lanigan. I would like to start off by saying that I will be splitting my time with the hon. member for Calgary Midnapore.

I am happy to have been given the opportunity today to speak to Bill C-66, a bill to introduce changes to national defence aimed at modernizing the military justice system, and responding to the recommendations made by two former justices of the Supreme Court of Canada. This is the government's long-overdue legislation to try and finally apply recommendations made in numerous reports regarding sexual misconduct in the Canadian Armed Forces.

We must continue to address sexual misconduct, discrimination, racism and other forms of harassment in the Canadian Armed Forces because all military members deserve a safe and respectful workplace. The previous Conservative government accepted all recommendations from the Deschamps report to eliminate all forms of sexual harassment from the Canadian Armed Forces. This important report was ignored by the government, and it is disappointing that the Liberal government has failed to act on this important report. Liberals cannot be trusted to stop sexual assault within the Canadian Armed Forces because of their soft-on-crime policies. After nine long years of the Liberal government and two more reports from former Supreme Court justices, victims of military sexual misconduct are still no closer to having their cases dealt with properly.

I support Bill C-66, but let me make this perfectly clear: it needs to be carefully studied at committee to ensure concerns from all stakeholders are taken into consideration and amended appropriately. There are also outstanding concerns about the ability of the civilian judicial system to handle these particular cases, given that the court system and courtrooms are already backlogged due to the Liberals' soft-on-crime policies and repeat offenders getting out of jail on bail and committing more crimes. It is a continual cycle that the Liberal government has created. Its present catch-and-release system is failing the people of Canada and, if implemented in the military, will fail both the military and the people of Canada.

The Liberals have had many reports that they could have already acted on, but instead we are in the last year of a parliamentary session, and only now are they taking any legislative action. The reports that I am speaking of include the 2015 Deschamps report, which I mentioned earlier; the 2018 Auditor General report on inappropriate sexual behaviour in the Canadian Armed Forces; the 2021 Justice Fish report; the 2021 DND Canadian Armed Forces ombudsman report on sexual misconduct; and the 2021 “Eliminating Sexual Misconduct Within the Canadian Armed Forces” report from the status of women committee. There would also have been a report by the Standing Committee on National Defence, but the Liberals instead chose to filibuster and keep the committee in the same meeting for three months, then prorogue Parliament for the Prime Minister's impromptu election in 2021. Instead of taking action, they asked for another report by another former justice and got the 2022 Arbour report.

I will add here that according to Statistics Canada data reported since 2015, disappointingly, total sexual assaults in Canada were up 74.83% and increased an additional 71% last year. These are horrific to hear. These are stats that we do not want to hear but we cannot ignore.

We did our own study in veterans affairs committee on women veterans, and spent a lot of time speaking with survivors of military sexual trauma. This study took the better part of a year. We heard several difficult stories, dating back to when women were first admitted into the Canadian Armed Forces. For me, personally, these were horrific to hear and have left a lasting impression on me that we need to act correctly and do better.

One of the issues we heard about was the Canadian Armed Forces' ability to investigate these claims. Jennifer Smith said in her testimony:

I've spoken about it in Federal Court. I've given this information to many, many high-ranking officials. I've even provided the names of some of my attackers as well as pictures. Again, I've never been offered the opportunity [to file a complaint]. I still don't know what avenue I have to go forward with this. I've been told to write it down on a claim form. I feel that this goes beyond that. This is criminal activity. I know who did it. I know some of the people who did it. I'm just wondering why no one has come to me or reached out to me. I've given the information. I haven't been asked if I want to go forward with that or been presented with some options. That has not happened.

Clearly, there is a need to have civilian courts investigate these cases outside the chain of command of military. Our committee made that recommendation. However, this same recommendation has been made several times before, going back to the Deschamps report of 2015, nearly a decade ago.

Just now, a year away from the next scheduled federal election, the government is finally going forward with legislation on this. It is instances like this that make it so difficult to take the Liberal government seriously, to reconcile horror stories I hear first-hand of pain and suffering and not acting.

On top of that, the Liberal government has spent the last decade pushing our courts to the breaking point. The Liberals' soft-on-crime bills, Bill C-75 and Bill C-5, have led to a skyrocketing crime rate in Canada. Statistics Canada lists total sexual assaults as increasing by 75% since 2015.

The Prime Minister has continuously shown that he does not take the safety and security of Canadians seriously. His Liberal government is watering down serious offences. These offences include date rape, drugs and human trafficking, which is on the rise. They once again prioritize the rights of criminals over the rights of victims. At a time when our courts are overworked and understaffed, this legislation aims to add more cases to their dockets. This is one of the serious issues that needs to be examined in committee.

I want to share that I have seen the military justice system work while I served. Whether it was summary trial, court martial, or dismissal of military personnel, I have seen it work. However, there has to be another level of oversight.

The next Conservative government would rebuild the Canadian Armed Forces by cutting down the bureaucracy and the consultants. We would make sure that the money is going to the Canadian Armed Forces. We would restore the honour and integrity of our military heroes that Canadians can be proud of. Finally, we would reverse the left-wing Liberal woke culture and return the war-fighting capabilities of the brave women and men in the Canadian Armed Forces.

The House resumed consideration of the motion 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.

Business of the HouseRoutine Proceedings

September 19th, 2024 / 3:30 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalMinister of Health

Yes, Madam Speaker, by popular demand, I am back. I really missed these exchanges. Some of our great moments are on Thursdays, not just for CPAC viewers, but also for you and me personally, I know. Therefore it is wonderful to exchange and wonderful to be back. I want to wish members a good return. I hope everybody had a productive and happy time with their families and their constituents in their ridings.

This afternoon, we will resume second reading debate of Bill C-66, the military justice system modernization act.

Tomorrow, we will begin the report stage debate of Bill C-33, the strengthening the port system and railway safety in Canada act.

On Monday, we will begin second reading debate of Bill C-63, the online harms act.

Madam Speaker, you will be very happy to know that next Wednesday we will also be resuming second reading debate of Bill C-71, which would amend the Citizenship Act.

I would also like to take the opportunity to inform the House that both next Tuesday and next Thursday shall be allotted days.

Furthermore, on Monday, the Minister of Finance will table a ways and means motion on capital gains taxation that incorporates the feedback received during consultations over the summer. The vote will take place on Wednesday of next week during Government Orders.

Military Justice System Modernization ActGovernment Orders

September 19th, 2024 / 1:50 p.m.


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Orléans Ontario

Liberal

Marie-France Lalonde LiberalParliamentary Secretary to the Minister of National Defence

Madam Speaker, before I begin, I would like to say that I will be sharing my time with the hon. member for Scarborough—Guildwood.

It is truly an honour to rise in the House today to speak to Bill C‑66 and the important work that our government is doing to modernize the military justice system and the culture of our armed forces.

Members of the Canadian Armed Forces work tirelessly to defend Canadians, our way of life, and this magnificent country that we call home. Military members are deployed around the world to defend Canada's interests and support our international partners and allies. They also help communities across the country in times of natural disasters or other emergencies. As the minister said in his speech, supporting members of the Canadian Armed Forces is one of our top priorities.

The Canadian Armed Forces are the backbone of Canada's defence and we have their backs. For our military members to contribute their best work, it is our responsibility to ensure that they can show up every day as their true and authentic selves.

Our government is fully committed to ensuring that military members continue to have confidence in the military justice system. We are taking deliberate, coordinated action across the defence team to create this change in a sustainable and meaningful way.

The changes proposed in Bill C‑66 are designed to reform the military justice system, making it more transparent and more responsive to the needs of our constituents.

However, these crucial institutional changes are only one piece of the puzzle. For decades, the defence team has been grappling with the tough realities and experiences of military members and employees, including those who have been affected by misconduct, harassment and crimes of a sexual nature.

Since 2015, the Minister of National Defence has taken significant steps to prevent this behaviour and find solutions to the problem. One key step was the creation of the sexual misconduct response centre, which became the Sexual Misconduct Support and Resource Centre, an organization that provides support services to those directly and indirectly affected and is not subject to the military chain of command.

The sexual misconduct support and resource centre is available to current and former defence team members, as well as cadets and junior Canadian Rangers aged 16 and older and family members of the wider defence community.

Other efforts put forward at this time were steps in the right direction and laid some important groundwork, but they did not meet the need, nor did they go far enough to achieve enduring change. That is why in 2021, the department launched the chief professional conduct and culture, or CPCC, to redouble its efforts to create this lasting change.

The CPCC is the single functional authority for professional conduct and culture at National Defence. The CPCC is responsible for developing policy and programs to address systemic faults, enhancing tracking mechanisms for reporting professional misconduct and leading efforts to develop a professional conduct and culture framework that tackles discrimination, harmful behaviours, biases and systemic barriers.

By making this organization the focus of our efforts to change the culture, we ensure that all of our institutions can move forward in a unified and coherent manner. The CPCC has taken the time to listen to defence team members past and present at all levels, so that efforts to change the culture reflect the experiences and suggestions of our members.

The CPCC's work contributed to the publication of “The Canadian Armed Forces Ethos: Trusted to Serve”, which aims to ensure that military members carry out their duties professionally and with respect for the dignity of all persons.

The department's work is closely linked to the CPCC's efforts to respond to the recommendations outlined in four key external review reports related to culture change and the modernization of the military justice system.

The reports are the following: the independent external comprehensive review by Justice Arbour, which focuses mainly on the issue of harassment and sexual misconduct; the third independent review of the National Defence Act by Justice Fish, which includes recommendations for modernizing the military justice system; the report of the Minister of National Defence's advisory panel on systemic racism and discrimination, which aligns closely with the priorities of the Government of Canada; and the report of the national apology advisory committee board, which was developed to provide recommendations about the Government of Canada's apology to the descendants of No. 2 Construction Battalion.

We have already made significant progress on a number of these recommendations. We have taken measures to implement Justice Arbour's recommendation on how we define sexual offences in policies and how we talk about them. We have also repealed the duty to report in order to prioritize trust and safety, as well as the agency of victims, survivors and affected individuals. We also launched the Canadian Military Colleges Review Board, which is tasked with evaluating the quality of education, socialization and training at our two military colleges. Lastly, we published a new digital grievance submission form that allows armed forces members to access services and recourse options more easily, quickly and efficiently.

The department has also developed a plan to prioritize and sequence work across the defence team in a coordinated and collective effort to implement the remaining recommendations from all four reports. When the CPCC consulted with current and former defence team members from across the country, a common theme emerged: the need for the continuing evolution of the military justice system in response to developments in law and society, and the need to maintain trust in the system.

Through Bill C-66, we are introducing reforms to the National Defence Act to address key recommendations from the reports by former Supreme Court justices Arbour and Fish. They include Madam Arbour's fifth recommendation, as well as eight recommendations from Justice Fish's third independent review of the National Defence Act, designed to, among other things, increase confidence in the military justice system and help remove real or perceived influence from the Canadian Armed Forces' chain of command. Most notably, through Bill C-66, Criminal Code sexual offences that take place in Canada would be under the exclusive jurisdiction of civilian authorities.

Through Bill C-66, Criminal Code sexual offences committed in Canada will fall under the exclusive jurisdiction of civil authorities.

Bill C-66 also seeks to modify the process for appointing the director of military prosecutions, the director of defence counsel services and the Canadian Forces provost marshal. It will also expand the class of persons who can be appointed as military judges or non-commissioned members and it will expand the class of persons who can file an interference complaint with the Military Police Complaints Commission. It will enable those acting on behalf of a victim to have access to a victim's liaison officer under the victims bill of rights.

The well-being of the members of our armed forces is one of our top priorities. They work hard to defend us, our country and our partners around the world. It is our responsibility to ensure that they can work in an environment that is free from any kind of discrimination, harassment or misconduct.

Our government is committed to changing the culture within our armed forces so that every member of our defence team can be authentic and feel valued, included and encouraged to give the best that they can in service of Canada every day.

The changes that our government is making to the culture within our armed forces and our military justice system are part of an ongoing process.

In closing, I would like to salute our armed forces.

I thank all our members here in Canada and abroad for their extraordinary service. I really hope the House will find a strong resolution to send the bill to committee.

Military Justice System Modernization ActGovernment Orders

September 19th, 2024 / 1:45 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I thank my hon. colleague for London—Fanshawe and add my words to those of the members thanking her for her work. I also worked with her mother, and I would like to thank Irene Mathyssen for consistent leadership on the issue of justice for women who suffered sexual violence in the course of their military service.

Having studied the bill, does the member believe it is possible to make sufficient amendments in clause-by-clause in committee to make Bill C-66 ready for speedy passage?

Military Justice System Modernization ActGovernment Orders

September 19th, 2024 / 1:20 p.m.


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NDP

Lindsay Mathyssen NDP London—Fanshawe, ON

Madam Speaker, today is an important day for many survivors. I want to begin by recognizing the women and men who are watching this debate on the bill today. There are generations of survivors of military sexual trauma who will be closely following the debate on the legislation. I have heard from many of them. They told me about how they felt invisible. Some have felt invisible to the institution they committed their lives to in the Canadian Armed Forces. Some have felt invisible to the senior leadership of the military they served. Some have felt invisible to the greater public, who do not know all the complex layers of their experiences. Some have felt invisible to us, the few hundred Canadians with the rare privilege to serve in the House of Commons, who hold a sacred obligation as decision-makers to protect those who protect us.

Every day these survivors are working for change. They build resilience by supporting and holding each other up when the institutions will not. They empower each other and assist with making claims when institutions will not. They organize and demand reforms to politicians when our priorities do not meet them where they are at. They come together to support each other when they choose to make the impossible decision to share and reshare their trauma to the media or to parliamentary committees.

Today is another chapter in their fight. I want to highlight this to the women and men watching, to those brave survivors. This piece of legislation is not the last chapter, but one step in a large list of changes that are needed, and I am with them. We will not stop until there is justice for survivors and until everyone who steps up to serve their country can do so in a safe environment. I want them to know they are not invisible. They are remarkable, and they are not alone.

Today, I am pleased to speak to Bill C-66, the military justice system modernization act, which, among other things, is legislating Justice Arbour's fifth recommendation of the independent external review to remove criminal sexual offences from the military justice system. This will give exclusive jurisdiction to the civilian justice system.

This legislation also works to implement some of the recommendations by Justice Fish's third independent review of the National Defence Act, expanding the eligibility criteria to be appointed as a military judge to allow non-commissioned members to become judges, not just military officers. This legislation removes the minister's power of appointing and removing the director of military prosecutions—

The House resumed from September 18 consideration of the motion 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.

Human Resources, Skills and Social Development and the Status of Persons with DisabilitiesCommittees of the HouseRoutine Proceedings

September 19th, 2024 / 12:05 p.m.


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Conservative

Mike Lake Conservative Edmonton—Wetaskiwin, AB

Madam Speaker, it is a pleasure to take part in the debate today. I will be splitting my time with the member for Central Okanagan—Similkameen—Nicola.

I find this to be a fascinating debate. We are debating concurrence in a committee report that says that the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities recognizes Canada is in a housing crisis that requires urgent action by the federal government to end homelessness and that this motion be reported to the House. We are talking about it being a crisis that requires urgent action.

It was interesting to hear the exchange between the Liberal member and the NDP earlier. The Liberal member for Winnipeg North in particular was complaining about the fact that we were discussing this today. He consistently complains about these things. He referred to Bill C-66 and made an urgent call for us to get back to that. I know all parties support the bill. It has been before the House for over 180 days. We sat until midnight virtually every night in the spring and the government did not bring the bill forward. We did not have the conversation, so it was not urgent at that point in time. Our shadow minister has signalled that we support this. We recognize that there are some things all parties in the House support, and that bill is one of them. Hopefully it will be a priority for the government and will pass very soon.

I believe this report also passed unanimously, recognizing the crisis situation and the urgent need to have conversations.

The wording and type of language is very familiar. In the Liberal 2015 platform, close to a decade ago, the Liberals said:

We will conduct an inventory of all available federal lands and buildings that could be repurposed, and make some of these lands available at low cost for affordable housing in communities where there is a pressing need.

About a decade ago, and recognizing the similarity in wording, the Liberals promised to make this a priority and recognized that there was a “pressing need”.

Nine years later, in the 2024 budget, the Liberals almost used identical wording. They talked about the federal government conducting a “rapid review” of its entire federal land portfolio to identify more land for housing. That was an active sentence, that the federal government is conducting a rapid review. I guess “rapid”, by the Liberal definition, is nine years for something urgent, and the situation has only become worse.

I found it really interesting to listen to the NDP interventions on this, particularly that of the member for New Westminster—Burnaby, who talked about the current government and how terrible it was, forgetting the fact that up until two weeks ago he was, for all intents and purposes, a part of the Liberal government through the Liberal-NDP coalition. I will note that, as terrible a fiscal situation as we were in in 2021, when the NDP joined the Liberal Party, things only got dramatically worse for Canadians after it joined the then completely incompetent Liberal government. We are sitting in a situation right now where rents, down payments and mortgage payments have doubled. Canadians who have mortgages coming due right now, after five years, are going to, without a corresponding increase in their income and their ability to pay, be paying hundreds of dollars, in some cases over $1,000 more, in their monthly mortgage payments without any increase in their income. The NDP members have supported the situation that has gotten us to this place, this predicament right now, every single step of the way for the last three years.

There has been a lot of talk about the Harper years. I was a part of that government from 2006 to 2015. I had the privilege of serving on the cabinet subcommittee that looked at ways to get the budget back to balance, which we did by 2015.

However, I would go back to the situation in 2014. There was a pretty interesting conversation going on, driven by the New York Times and some international research institutes. They found that in 2014-15, Canada had the richest middle class in the world. I am sure there were challenges for some Canadians, but, by and large, we were in a better fiscal situation than any country in the world. Even people like Hillary Clinton were lamenting this in conversations in some of the articles that were written at the time. Experts from around the world were pointing to Canada as an example of how to deal with a difficult financial situation coming out of the global meltdown. That was in 2014.

Let us fast forward 10 years to 2024. We are no longer the richest middle class in the world. Our middle class is, as a percentage of our population, by all measures, contracting. Regular people, people who never, ever even contemplated the fact that they would need to use a food bank, are now lining up at food banks with their kids in cities across Canada.

Let us look at the situation we are in again, and listen to the NDP talk about the housing crisis and where we are right now relative to the past. This crisis did not exist in the same way in 2015. Let us look at cities across the country. Housing starts in August were down 13%. At this time, when we need to be building houses, housing starts are down 13% across the country.

I would note that in the Liberal member's city of Winnipeg, housing starts are down 16% from August 2023. In B.C., under the provincial NDP government, housing starts are down an astonishing 31%. In Vancouver, which is very close to New Westminster, where the hon. member for New Westminster—Burnaby is from and represents, housing starts are down 34%. In Toronto, under the leadership of a former NDP member of Parliament, Olivia Chow, housing starts are down 48% over the last year. Those are just astonishing drops in housing starts across the country.

We have a real crisis. I think all parties have recognized that this is a crisis and that we need to deal with it urgently now.

One member of Parliament in the House has been dealing with this issue right from the start. That member of Parliament is our Conservative leader. In 2021, at the start of the pandemic and the explosive additional spending by the Liberal government, which was eventually propped up by the NDP, he brought up the effect of the increase in interest rates over and over again. He was mocked for bringing it up by the finance minister and by the Prime Minister on a regular basis.

A year ago tomorrow, we were talking about a private member's bill that our leader had put forward, a bill that would deal with the housing crisis in an urgent way, in a common-sense way. I will not have time to read all the highlights of that bill, entitled the “Building Homes, Not Bureaucracy Act”. Canadians can look that up on ourcommons.ca. However, I will point out that when we put out this common-sense, good-faith bill to get more houses built in Canada, every non-Conservative member of the House, Liberal members, along with members from the Bloc and NDP, voted against that private member's bill that would have created significant action toward housing over the last year.

Human Resources, Skills and Social Development and the Status of Persons with DisabilitiesCommittees of the HouseRoutine Proceedings

September 19th, 2024 / noon


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I appreciate some of the comments the member has put on the record this afternoon. We are now into day two of the fall session. On the first day we were debating the citizenship bill, which I understand a majority of members of Parliament want to see go to committee. In fact, the member's own party had a member stand up for unanimous consent to get it to committee, but it was frustrated in part because of a concurrence motion.

Today, we are interrupting Bill C-66, which deals with sexual assaults and violence in the Canadian military, and with an option. All political parties support that legislation, and yet instead of having that debate, we are now debating another motion for concurrence. I am wondering if my colleague across the way can provide his thoughts. It is not to take away from the importance of the issues, but, relatively speaking, what about important legislation that does need to proceed at some point?

Human Resources, Skills and Social Development and the Status of Persons with DisabilitiesCommittees of the HouseRoutine Proceedings

September 19th, 2024 / 10:35 a.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is an interesting day. Again, we have the Conservatives continuing a tradition that they started virtually since they have been in opposition, and that is to prevent legislation of all forms from passing. We have seen that day in and day out. Today, they are really eager about things of this nature, because they have such a thirst or a hunger for power that they put that over the interests of Canadians.

Our government has been there consistently to deal with the issues that Canadians face on a daily basis. We understand and appreciate the concerns, tensions and anxieties in our communities. We are developing public policies, whether they be budgetary or legislative measures, to deal with those real issues.

All I have witnessed, sitting across from the Conservative opposition for many years now, is a party that thinks of nothing else but the political far-right Reform-Conservative party. That is its preoccupation, a hunger for power, nothing more. Today really amplifies that fact. It wants to talk about housing as if it cares about housing for Canadians.

Let us look at the leader of the Conservative Party. What actions did he take when he was the minister responsible for housing. We only need to use two hands to count how many houses the Harper government built while he was the minister of housing. We barely need the second hand. The former minister of housing, today's leader of the Conservative Party, managed to build six homes. What a powerful record. I suspect even those six would have been by accident.

When we think of national housing and addressing the housing needs of Canadians, the leader of the Conservative Party was an absolute disaster. Now he tries to come across as if he is a know-it-all and wants to deal with the housing crisis. Is a part of dealing with the housing crisis to slap the provinces and the municipalities around, as opposed to working with them?

Why would the government, or any member of Parliament, give any credibility to the Conservative Party today, when its leader was an absolute failure in delivering housing policy? In fact, had we had a more competent minister of housing back then, the issues that we face today would not be as great. Virtually no programming was put in place for non-profit housing under the Harper government and the then minister.

Does the leader talk about the homeless? If members search Hansard, they will see how often he talked about homelessness as minister of housing. I have a newsflash: There were homeless Canadians back then. Where was the leader of the Conservative Party when he had the chance to make a difference on this file?

Today is not about Canadians. It is not about addressing the concerns of Canadians. It is more about the Conservatives' hunger for power. They are preventing legislation from passing.

On Monday, we had the Citizenship Act. Instead of debating that legislation, the Conservatives brought in a concurrence motion, even though a majority of the members of the House wanted that legislation to pass. We even had one opposition member try to move for unanimous consent to have it pass through to committee. We are talking about citizenship for individuals who should have their citizenship. It is something that should be non-controversial, but the Conservative Party, during that debate, showed its hand, saying that it opposes the legislation.

I have been very clear that the only way that legislation would pass would be if we were to bring in time allocation to get it into second reading. However, with today's motion, now that the Conservatives want to talk about housing, what are they interrupting? What legislation are they filibustering today? It is Bill C-66. It is about the Canadian forces. The critic for the Conservative Party yesterday was criticizing the government for not passing the legislation fast enough, and today the Conservative Party is filibustering the legislation.

The first word that comes to my mind is “hypocrisy”. How can the Conservative Party, with any credibility whatsoever, try to say that they are concerned about Canadians, when they filibuster important, non-controversial legislation, even the legislation that they support? They do this in order to talk about other issues that Canadians are concerned about, such as housing.

We know Canadians are concerned about housing. We do not know need to be told that by the Conservative Party of Canada. We are aware of it because we are on the ground; we are listening to what Canadians have to say about housing. That is why we have developed a number of housing initiatives.

I can tell the members opposite that housing is not just the federal government's responsibility. The federal government has stepped up to the plate in dealing with housing, unlike any other federal government for generations, the last 50-plus or 60 years. We have a government that is investing in housing and that has had a housing strategy. If we want to talk about dollars, we are talking about something like $51 billion. The impact of those expenditures and that money that is committed has had a very real and tangible impact on Canadians' lives.

An estimated 1.8 million Canadians have directly benefited from this government's commitment to housing. Had the previous government had the type of commitment that we have had to housing, I would argue that the housing issues today would be nowhere near to what they are now if we had had a prior Conservative government actually doing its job on the issue of housing. I do not say that lightly.

I was first elected in 1988, and my first parliamentary responsibilities were being the party whip and housing. I have been following the housing file for over 30 years. I understand the importance of housing. All of us should strive to ensure that everyone has access to housing. Municipalities, provinces in particular, and the federal government all have a role to play, not to mention the non-profit sector.

When I had left the Canadian Forces, one of the first things I did was participate in the West End residents association. They had a very proactive approach to dealing with housing. We established the West End housing co-op. We lobbied the provincial government to build houses in vacant lots and to take down derelict homes and replace them with infill housing. As a community, we were very successful.

At the provincial level, there is a number of things that were actually done to try to enhance things. We should recognize that, back then, there was a population of about 1.15 million people, yet we still had over 20,000 non-profit housing units, all of which were subsidized in good part by the federal government.

These are the types of issues that provinces have to deal with. When we think of municipalities building newer homes, yes, there is a bureaucracy there. There is a process that needs to be followed so municipal planning can be conducted in a way that is good for the economy and the environment. As a federal government, we have recognized all of those aspects of housing, the non-profits, the city, the province and, of course, the federal government.

Late last spring, the Prime Minister was in Winnipeg. I was at that particular announcement, which was out in the Transcona area, and so was the mayor of Winnipeg, as well as the premier of the province. I say that because it amplifies the fact that it is more than one government that has to deal with the housing issue we have today.

As a national government, I would challenge any member, whether they are Conservative, Bloc or New Democrat, to show me a government, a national government, in the last 60 years, that has invested more in housing than the Prime Minister and the government.

That does not mean that our work is done. We understand that the need is high. That is why, as recently as Monday, we had the Minister of Finance taking a look at ways in which we can continue to support first-time homebuyers, how we can use the rules to ensure that they have more opportunities to purchase a home. There are some releases and information on that. If people are curious, they can look into it and get the details.

In virtually every budget, we see the federal government providing programs and incentives. A couple of years ago, we had the one dealing with trying to get more purpose-built apartments being constructed in the country. We have had a huge take-up on that. Thousands of units are going to be built as a direct result of that one federal program.

Members can contrast that to anything that Stephen Harper did. It does beg the question. People say that was eight years ago or nine years ago. We do not build a building overnight. Had the Conservatives done their homework, had they worked with the provinces, the municipalities and some of these non-profit organizations, I believe it would have made a difference. Because we have had some of these programs in place now for a number of years, it has had a positive impact. Recognizing that the need is so great, we continue to invest more.

As Liberals, we understand the importance of homes. I ask members to think of those non-profits. I have had the opportunity to go to a number of key ceremonies, as I suspect many of my colleagues on all political stripes have done. I am a big fan of Habitat for Humanity. Habitat has done so much in providing individuals that never would have gotten, or in all likelihood would have been very challenged in getting, the key to a new home. It has done so much, not only for the family unit but also for the communities in which they are built. I suspect that, when it comes to Habitat, Winnipeg North is probably in the top 10% of communities that have benefited the most because of it.

Habitat for Humanity Manitoba has built homes right from the Point Douglas area, going through the traditional North End into the Shaughnessy Park area, going up into The Maples. From the suburbs to the inner city, it is providing homes for people who otherwise would have been very challenged to be able to acquire one.

There are ways in which we can expand housing opportunities. We have a government that says it wants to see more housing co-ops. Housing co-ops matter. They make a difference. People who live there are not tenants. They are residents. For me, that is something we can and should be encouraging more of. That is why I was pleased that the Deputy Prime Minister and Minister of Finance has provided more supports to ensure that we will see more housing co-op developments. We have continued to look at ways we can support different organizations and levels of government to address the issue of housing, which is so very important to Canadians.

What I do not support is the manner through which we are having this debate today. I believe that the Conservatives are preventing important legislation from passing. I am talking about the Canadian Forces bill, Bill C-66, which deals with civilian courts for victims within military ranks. I was a little optimistic yesterday when the Conservative critic stood up and said that the Conservative Party supports the legislation. If it supports the legislation, if it wants to see the legislation pass, it needs to allow the debate to occur. Instead of doing so, Conservative members brought in a motion of this nature to filibuster legislation, even though they agree with it.

Canadians do have an expectation of a minority government. There is an expectation that opposition parties would also contribute in a positive way in dealing with private members' bills and government bills. As an opposition party, it should not have to be shamed into doing the right thing. As I have said before, the Conservative Party's focus is more on character assassinations. Wherever Conservatives can slap on the word “scandal”, or whatever other negative word, so they can post all sorts of false information on social media, that is what they will do.

That is why I say the hunger for power is what is driving the Conservative Party today, and it is a destructive force. It has nothing to do with the concerns of Canadians and their needs, which are what we need to be able to talk about. We need to be looking at and figuring out how we can pass legislation so that the lives of Canadians in all regions of our country will be that much better. As much as the opposition party wants to focus its attention on the negative side of things, the Liberals will continue, as a government, to be focused on Canadians.

As the Prime Minister has clearly indicated time and time again, we will continue to be focused on Canadians and improving their quality of life so that we have an economy that works for all Canadians. We will continue to focus attention on our middle class and those aspiring to be a part of it, to build a stronger and healthier economy and continue to work on the issues of inflation, which is now at 2%. That is equal to inflation prepandemic. We will continue to build that stronger and healthier economy, which we are going to see in the months ahead.

Contrary to what the Conservatives continue to say, coast to coast to coast, Canada is not broken. Canada is the best country in the world to live in and call home. As a government, we are going to strive to make that the case, not only for today, but also for tomorrow.

The Chair Liberal John McKay

We're not.

Okay. We'll vote on the motion.

(Motion negatived [See Minutes of Proceedings])

This brings our meeting to a close.

Thank you very much for blowing a hole in our agenda.

We're scheduled to do a DPU review on Tuesday, and the we have the chief of the defence staff on Thursday, along with representative Singh on the Indo-Pacific. Assuming that Bill C-66 is not referred to the committee by then, at this time next week we'll have to review our agenda and hopefully arrive at some sort of understanding about how to go forward. I may or may not reserve time for a subcommittee meeting around that time.

With that, thank you. The meeting is adjourned.

James Bezan Conservative Selkirk—Interlake—Eastman, MB

No, I have a quick comment on it.

We support the motion, but I just don't know if we can afford six meetings in the time that's left. Our committee has a big workload in front of us. I would suggest, based upon the draft reports that are still to come back and have to be tabled, based upon Bill C-66 coming here, based upon the estimates and everything else we have to deal with, the DPU study as well, which we've started, and the space study, this needs to be punted down the road until we get those wrapped up before we start another study.

This is an issue. This is a concern, especially for those at National Defence who are firefighters and veterans who were exposed. We do need to dive into this.