Bill C-11

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 and provide for exceptions;
(d) [ Deleted ]
(d.1) provide for the development of a plan for the establishment of an office of the inspectorgeneral for sexual misconduct in the Canadian Forces;
(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 or an accused 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

[Helena Konanz, Conservative, Similkameen—South Okanagan—West Kootenay, BC]

Mr. Speaker, my colleague's question is pertinent to this debate because it exemplifies the fact that so many important and troubling issues have occurred in the last few years concerning this deeply troubling issue in the military system, which should have been acknowledged, moved on and changed a long time ago. Unfortunately, the Liberal government chose to avoid the issues that needed to be addressed.

[Tamara Kronis, Conservative, Nanaimo—Ladysmith, BC]

Mr. Speaker, Canadians hold deep pride in the men and women who wear the uniform of the Canadian Armed Forces. They serve in dangerous places with courage to defend the values and freedoms we hold dear. We ask them to put country before self, to risk their lives so that we can continue to live in safety and freedom. For far too long, too many of those who have served have had to fight another battle, the battle to be heard, to be believed and to be treated with dignity when they come forward as victims of sexual assault or misconduct within the very institution that demands the highest standards of honour and integrity.

That is why today's debate on Bill C-11, the government's new military justice reform bill, matters. Our conversation today is not just about amending sections of the National Defence Act. It is about the culture, credibility and future of the Canadian Armed Forces because of the way that Bill C-11 now intersects with our criminal justice system. It is also about the way we prosecute crime, in general, in Canada.

It has been more than a decade since the 2015 report of former Supreme Court justice Marie Deschamps rocked Canada with her findings on sexual misconduct in our armed forces. She made 10 recommendations. Operation Honour followed and was supposed to change both culture and outcomes, but years later, the Auditor General reported that Operation Honour had little measurable success. Investigations were still slow, accountability was still weak and the culture in some parts of the military continued to allow perpetrators to avoid serious consequences. Justice Deschamps called the Liberal government out for its failure to act in this regard.

The next report came in 2021. It was done by former Supreme Court of Canada justice Morris Fish. It gave the Liberal government another failing grade and made 107 recommendations. In 2022, former Supreme Court of Canada justice Louise Arbour delivered yet another comprehensive external review, this time with 48 recommendations, again emphasizing broken trust and calling for action.

Three former Supreme Court of Canada justices laid out a road map for reform, and yet, as the Liberals hesitated, as progress stalled, as survivors were left waiting, it was Conservative pressure through parliamentary questions, committee hearings and public advocacy that forced this issue back onto the national stage again and again. We can fairly say that without the sustained efforts and tenacity of victims, Bill C-66, which still died on the Order Paper when the Liberal government prorogued last time, and now Bill C-11 may never have been introduced.

The Liberals will now claim credit for these reforms, but it is Conservative MPs who ensured that the voices of victims were not forgotten and that meaningful change could not be avoided. The fact that we are still here 10 years after the Deschamps report debating the same issues with the same victims still waiting for change is a damning indictment of the Liberal government's ability to deliver results.

Even with all of this to work with, Bill C-11 still includes some very strange inconsistencies. Term lengths and reappointment rules differ across positions. The director of military prosecutions and the director of defence counsel services would serve seven-year terms with no reappointment, but the provost marshal, on the other hand, serves for four years and can be reappointed. There seems to be no clear rationale for these differences.

Similarly, giving the Minister of National Defence the power to issue prosecutorial guidelines in specific cases and giving the Governor in Council authority over appointments and removals, which is cabinet, opens the door, intentionally or not, to political interference. The minister's involvement in reviewing inquiries and authorizing acting appointments could compromise independence and BillC-11 does not fully clarify how offences outside of Canada would be handled. I hope the Liberals will collaborate with Conservatives on these issues and others raised by my colleagues and that they will be ironed out as the bill progresses through our parliamentary system.

Beyond the wording of the bill, however, we cannot ignore the context in which this debate takes place. The government has promised to grow the Canadian Armed Forces to meet our NATO obligations. It has pledged to recruit and retain thousands of new members in the coming years. That will require trust that every person who joins our forces will serve in an institution that protects them, upholds the law and embodies the values that we defend abroad.

That brings me to a very serious concern. The government is proposing to transfer all sexual offence cases from the military justice system to civilian courts. The principle makes sense: Justice must be independent. However, modernization is not just a word; it is a commitment to follow through. It means resourcing reforms properly. It means ensuring civilian authorities are ready to handle the additional caseloads. Right now, our civilian court system is in crisis. Court backlogs are staggering. Serious criminal cases have been stayed or dismissed because of delays. Victims of assault, including sexual assault, are waiting years for their day in court. Therefore, when the government says it will hand military cases to the civilian system, we have to ask how the civilian system would cope. What additional resources would be provided to the provinces along with this downloading to ensure these cases and others do not end up stayed for delay?

While we are speaking about justice, let us talk about the need to reform Liberal bail. Just this afternoon, the Liberal government voted down a Conservative private member's bill that would have tightened bail provisions for repeat violent offenders, including sexual offences. These are people who, under the current government's lax laws, have been released time and time again and have shown a staggering ability to reoffend. The Liberals talk about protecting victims, but when they had the chance to take common-sense steps to keep dangerous criminals off our streets, they said no to reform and yes to Liberal bail, which would apply to these cases under Bill C-11 the same way it applies to other cases in our justice system.

Canadians deserve a government that takes justice seriously. Our men and women in uniform deserve a military where justice is not only done but is seen to be done and is done expeditiously. The integrity of our justice system, civilian and military, depends on consistency. The Liberals cannot claim to stand for victims in uniform if they turn their back on victims in our communities. They cannot say that they believe in accountability for the forces if they do not demand it in our courts.

The government has to move beyond symbolism and performative legislation. It must demonstrate through action and results that it understands the gravity of the trust that it has broken and the responsibility it carries to restore it. If we fail to get this right, then we fail not only today's soldiers, sailors and aviators, but also those we hope will serve tomorrow.

Canada is vulnerable. Our allies are increasing their defence commitments. The global security environment is becoming more dangerous. We will ask more of our military in the years ahead. Leadership begins with integrity at home. Before we can ask our soldiers to defend Canada's values overseas, we must prove that those values govern our own institutions. The rule of law, equality and justice must not be words in a report, but living principles in every part of our justice system.

For the sake of our soldiers, sailors and aviators serving in Canada and abroad, let us get it right. The time for excuses has long passed. Fix the criminal system, or get out of the way and let us do it. Let us ensure that the civilian courts have the capacity to deliver justice quickly and fairly. Above all, let us commit across party lines that never again will the men and women who serve Canada have to wonder whether their own government will stand up for them when they need it most.

[Viviane LaPointe, Liberal, Sudbury, ON]

Mr. Speaker, the member talked a lot about the Liberal government's track record when it came to supporting the Canadian Armed Forces. We know the legislation we are debating today is significant, as well as some of the investments we have announced over the past few months.

What does the member have to say about the fact that the lowest level of defence spending ever, in the history of the Government of Canada, was made under the Conservative Harper government?

[Tamara Kronis, Conservative, Nanaimo—Ladysmith, BC]

Mr. Speaker, this bill is about the prosecution of serious criminal offences around sexual misconduct. The government has had 10 years and six months to bring this forward. We need to get it right and we need to work together to do that.

[Jean-Denis Garon, Bloc, Mirabel, QC]

Mr. Speaker, once again, this is an interesting and necessary bill, but we have to wonder why it took 10 years to introduce it. First, the Liberals requested so many reports that they virtually ran out of former Supreme Court justices to ask. They asked for a bunch of reports. Then they introduced a bill and let it die on the Order Paper.

It would be fair to ask whether the Liberals were simply not interested in military justice, because when the Canadian Forces ombudsman tried to meet with Minister Sajjan, not only did the minister refuse to meet with him, but he did everything but hide in washrooms and broom closets to avoid meeting with the ombudsman.

My question for my colleague is this. Why, for 10 years, were the Liberals so uninterested in military justice, which is so important to the most vulnerable people and members of our armed forces?

[Tamara Kronis, Conservative, Nanaimo—Ladysmith, BC]

Mr. Speaker, I want to thank my colleague for his question. I think he has raised a point that really needs to be addressed.

We have gotten to a point on this file where the trust is so low that we need to move these kinds of offences into the criminal justice system. I really cannot help but wonder what would have happened if the Liberal government had acted faster during the 10 years it had to do this. I wonder if we could have gotten to a point where members of our armed forces had an opportunity to work this out internally and were able to build that trust.

We cannot go back. We can only move forward, and for as long as this has taken, we hope the government will take our advice and continue to work on this bill.

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, I want to thank the member for Nanaimo—Ladysmith for an excellent speech. I think she clearly identified some of the issues and concerns she has with this legislation.

Earlier today, we had the Liberals vote against being tough on crime and instead, support their soft-on-crime approach by voting against the jail and not bail motion that Conservatives put forward. The member identified that she does not necessarily have confidence that victims of sexual violence and assault in the military will receive justice in our courts.

Does the member think that because of the Liberals' failure to pass legislation that is effective and brings justice to victims?

[Tamara Kronis, Conservative, Nanaimo—Ladysmith, BC]

Mr. Speaker, the problem is not as much with the courts as it is with the speed of justice that the government feels they need to pursue. When it comes to the issue of Liberal bail, they Liberals say they have been waiting for that, they are waiting for this, they are waiting for a trade deal. They are waiting and waiting. Canadians are tired of waiting for the Liberals. They use lots of nice words, but it is time to act and it is time to move forward on so many files, including this one.

[Madeleine Chenette, Liberal, Parliamentary Secretary to the Minister of Canadian Identity and Culture and Minister responsible for Official Languages and to the Secretary of State (Sport)]

Mr. Speaker, I will be brief. Considering the sense of urgency, considering its importance to the future and to the victims and considering the need to find solutions, is my colleague truly willing to work with us to find solutions quickly and get this bill passed?

[Tamara Kronis, Conservative, Nanaimo—Ladysmith, BC]

Mr. Speaker, we will see what the amendments are and what the process brings.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is a pleasure to rise to speak to such an important piece of legislation.

I have listened to the entire debate thus far on this legislation, and I must say that it is a little disappointing. All members of this House really need to recognize the essence of why we have Bill C-11 before us. I have heard many comments with regard to individuals. I have heard many comments with regard to members' opinions about what the government is or is not doing. I have heard a lot of misinformation being put on the record.

I had thought this legislation would be well received, and to such a degree that we would be talking more about the victims and why it is important that the House of Commons pass this legislation.

[An hon. member]

You had 10 years.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I was just heckled that we had 10 years, and I plan on addressing that head-on.

Hopefully we will see the official opposition at least acknowledge the reality, as opposed to trying to continue to mislead. That is what we have witnessed today. Individuals trying to follow the debate would have a false impression after listening to Conservative after Conservative stand up to speak. Some speeches I really enjoyed, especially certain aspects of the speeches, for example when members opposite stand up and talk about victims. That is truly why the government, for years now, has been moving forward on dealing with the recommendations. It is all about the victims.

I have had the opportunity, privilege and honour to serve in the Canadian military. I was an air traffic control assistant posted in Edmonton, and I had wonderful opportunities to serve in our forces for just over three years. Whether they are marching with World War II veterans or sitting in a tower in Lancaster Park, I have the deepest amount of respect for the men and women who have served in many different capacities.

In many ways, we are the envy of the world because of our Canadian Forces and the many contributions they have provided, whether through peacekeeping abroad, participating in protecting our freedoms and the rule of law, being in countries abroad during world wars, fighting the mighty Red River when it was flooding the city of Winnipeg, fighting forest fires or stepping up during the pandemic. As I know my colleagues have and as all of us should have, I have an immense amount of respect for the work done by the personnel who make up our Canadian Forces.

When I think about why this is an important piece of legislation, it provides a very strong message to members in the forces today. As much as we value and appreciate what they do for Canadians day in and day out, we too appreciate their need for certainty. We want changes so that every member of the Canadian Forces can feel safe in their environment.

I heard a number of members talk about specific files where there was sexual abuse or sexual harassment. We know that takes place. That is the reason we have had studies take place.

The number of recommendations from former chief justice Arbour was 48. Bill C-11 deals specifically with recommendation 5. I actually printed off all the recommendations. I want to read recommendation 5 so that people who are following the debate will get a really good understanding of why we have the legislation before us.

These 48 recommendations are recommendations that the government has been proactively working on, virtually from day one after they were brought into being. On budgetary expenditures, in the 2022 budget, I believe there was somewhere in the neighbourhood of close to $100 million over a number of years that was actually allocated. On legislative actions, today we have Bill C-11 dealing with recommendation 5.

It is important to recognize, contrary to the misinformation coming from the other side, that the government has been taking action. Let there be absolutely no doubt whatsoever that the government has not only taken the issue seriously but is also taking specific actions to deal with it. The best example I could give is the fact that, as of right now, there is a very real chance that all 48 recommendations will be dealt with before the end of this year. The one that is causing the problem is one that I believe every member in the chamber actually supports, at least in principle.

I will read the actual recommendation from the former chief justice:

Criminal Code sexual offences should be removed from the jurisdiction of the CAF. They should be prosecuted exclusively in civilian criminal courts in all cases. Where the offence takes place in Canada, it should be investigated by civilian police forces at the earliest opportunity. Where the offence takes place outside of Canada, the [military police] may act in the first instance to safeguard evidence and commence an investigation, but should liaise with civilian law enforcement at the earliest possible opportunity.

That is the recommendation. It is the only recommendation that compels the government to bring in legislation. Ultimately, we did not wait for the legislation to appear before us. We actually took action within a year of the interim report to ensure that we had prosecutions and investigations taking place in a civilian setting. That is how important it was for us.

I do not recall any of the Conservatives pointing out that this is the case. Rather, they amplified that nothing has been done. In fact, hundreds have actually gone in that direction. The legislation is to put it into law permanently. That is the purpose of Bill C-11. It would then put us in full compliance with that particular recommendation.

Then we hear the Conservatives again trying to give the false impression that we are sitting on it and not respecting the principles of recommendation 5.

What is worse is that, if a political entity in the House has prevented the legislation from becoming law, it is the Conservative Party of Canada; the Conservatives just do not realize it. Seriously, do they not remember what was taking place last year? Do members remember when they were jumping up and down, demanding their privileges and points of order and saying they were going to shut down Parliament?

I remember the hours and days, going into weeks and weeks, when the Conservatives refused to get anything passed. Where was that caring attitude for the victims then? That was all tossed aside because the Conservatives were more interested in their own political fortunes than they were in the victims.

If we take a look at the legislation, it was actually introduced as Bill C-66 back in September of last year. They had the opportunity to provide comment on it. They did in part, but then they came up with that game because they were more interested in having an election. They will have to excuse me for not being overly sympathetic when they try to give the false impression that, as a government, we ignored the situation. Nothing could be further from the truth. At the end of the day, we had taken action to ensure that victims of sexual abuse and harassment within the military were going through the civil system. That is the fact, but they deny that.

Then, the Conservatives have the brevity to try to say that the Liberals are the reason the law itself has not been enacted.

[Some hon. members]

Oh, oh!

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

You may be able to heckle something across the way, but all you have to do is read Hansard.

Mr. Speaker, what I am saying is factually true and the Conservatives know that. Last year at this time, they were a destructive force on the floor of the House of Commons, refusing to let legislation pass, period, end of story. That was their attitude. It was a minority government back then too.

At the end of the day, I appeal to the members, especially the new members, because I can appreciate that the new members were not here during the Conservative debacle to see the destructive force. I can say to those new members that we have an opportunity.

I can tell that every member who has spoken today, from all political entities, seems to be supporting the principles of Bill C-11.