Military Justice System Modernization Act

An Act to amend the National Defence Act and other Acts

Sponsor

David McGuinty  Liberal

Status

Report stage (House), as of April 23, 2026

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Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-66 (44th Parliament, 1st session) Military Justice System Modernization Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-11s:

C-11 (2022) Law Online Streaming Act
C-11 (2020) Digital Charter Implementation Act, 2020
C-11 (2020) Law Appropriation Act No. 1, 2020-21
C-11 (2016) Law An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-11 amends the National Defence Act, transferring jurisdiction over sexual offences in Canada to civilian courts and implementing recommendations for military justice reform and victim support.

Liberal

  • Modernizes military justice and ensures safety: Bill C-11 aims to modernize the military justice system, reflecting Canadian values of fairness, accountability, and respect, and ensuring the safety and protection of all Canadian Armed Forces members.
  • Transfers sexual offence jurisdiction to civilians: The bill removes Canadian Armed Forces jurisdiction over Criminal Code sexual offences committed in Canada, granting exclusive investigative and prosecutorial responsibility to civilian authorities, a key recommendation from Justice Arbour.
  • Enhances victim and survivor support: Bill C-11 expands access to victim liaison officers, reinforces the independent Sexual Misconduct Support and Resource Centre, and provides other mechanisms to support survivors of military sexual trauma.
  • Drives broader cultural transformation: These legislative changes are a crucial step in a sustained, comprehensive effort to transform the Canadian Armed Forces culture, fostering a safer, more inclusive, and respectful workplace essential for operational effectiveness, recruitment, and retention.

Conservative

  • Supports bill's intent: Conservatives support Bill C-11's goal to reform the military justice system and transfer sexual offense jurisdiction to civilian authorities, aligning with expert recommendations, but raise concerns about its practical implementation.
  • Questions civilian court capacity: The party questions civilian courts' capacity to handle increased caseloads, fearing delays and inadequate justice for victims. They also highlight the financial burden on accused members in the civilian system.
  • Warns against political interference: Conservatives warn the bill increases ministerial power for prosecution guidelines and politicizes key justice official appointments, citing the Liberal government's history of interference and questionable appointments.
  • Challenges inconsistent jurisdiction: The party challenges the bill's inconsistent jurisdiction, transferring domestic sexual offenses to civilian courts but retaining military jurisdiction overseas, raising concerns about military police expertise and fairness.

NDP

  • Supports bill C-11: The NDP supports Bill C-11 as a step towards addressing military sexual trauma and ensuring justice for victims, despite previous government delays in implementing recommendations.
  • Bill's scope and victim inclusion: The NDP questions why the bill excludes incidents in the reserves, navy, cadets, or international deployments, and expresses concern that survivors feel betrayed by a lack of consultation and potential loss of justice pathways.
  • Civilian oversight and victim support: The party advocates for greater civilian oversight, including an independent ombudsman, and calls for amendments to ensure the victim liaison officer is appointed outside the chain of command, with independent counselling and legal aid.
  • Logistical and funding challenges: The NDP highlights concerns about expanding civilian law enforcement's mandate without increased funding, and logistical difficulties for civilian police investigating cases across jurisdictions or in secure military locations.

Bloc

  • Supports bill C-11: The Bloc Québécois supports Bill C-11 at second reading to address sexual misconduct and modernize the military justice system, particularly by transferring jurisdiction for Criminal Code sexual offences committed in Canada to civilian courts.
  • Ensures independence of military justice: The party supports changes to the appointment process for key military justice officials, such as the provost marshal and directors of prosecutions and defence, shifting to political appointments to ensure independence from the military hierarchy.
  • Calls for culture change and victim support: Beyond legislative changes, the Bloc demands a complete culture change within the Canadian Armed Forces, rigorous implementation of reports, mandatory training for civilian prosecutors, stable funding for victim services, and collaboration with provinces.
Was this summary helpful and accurate?

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6 p.m.

An hon. member

Right, then sit down. Let's go.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

I will tell you what: If you agree to pass it, I will sit down right now.

Mr. Speaker, I suspect if I did that, the Conservatives would not be done talking. At the end of the day, if everyone supports the principle of the legislation, then why not let it go to committee? Why oppose it going to committee?

You had the chance last year and you blew it. You have another chance this year. If you want to give some credibility to some of the comments that Conservatives were putting on the record when they talked about the victims, at the very least, recognize—

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6 p.m.

The Assistant Deputy Speaker John Nater

Order.

The hon. member for Cariboo—Prince George is rising on a point of order.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6 p.m.

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, the hon. member for Winnipeg North has been here long enough. He knows he needs to be directing his comments through you, the Chair. He continues to answer and go through and say “you” and use those terms. I ask that he show respect to you, Mr. Speaker.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6:05 p.m.

The Assistant Deputy Speaker John Nater

I think the member realized the error of his ways. There is a little back-and-forth going on right now, so I would encourage all members on both sides to remember to address their comments through the Chair and keep the heckling to a minimal dull roar, if possible.

The hon. parliamentary secretary.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6:05 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I appreciate the fact that this might be the first time the member has actually had a valid point of order. I apologize for using the wrong wording, but the facts remain. At the end of the day, we can in fact send a very strong and powerful message on Bill C-11 by allowing the legislation to pass. Some of the members of the Conservatives are going to say, “Whoa, just wait a minute; we brought it in only today, and we have had only eight hours of debate on the bill.”

The Conservatives have a shadow minister dealing with justice who introduced a private member's bill, and he is arguing that it should be passed virtually instantly. Fortunately for him, because it is a private member's bill even though it would make substantial changes, there are going to be only two hours of debate for second reading. We have had three or four times that already. Then it is going to go to committee, where it is going to be timed, and then it will come back, and that is because it happens to be a private member's bill even though it is proposing to make profound changes to our judicial system.

If the political will is there, we all know that the legislation before us could go to committee. What is the advantage of its going to committee now? I would suggest that by allowing the bill to go to committee, members opposite would be able to share their concerns and to look at potential amendments and propose them. If they have a substantial good idea, they should be able to convince other members to support it. After all, it can pass only if we get more than one political entity in the House in favour of it, so if they are really convinced on their arguments, or they want to have a good, thorough discussion at the committee stage, why hold off and why wait? They can tell me the justification.

I have had a Conservative member say that there is virtually no difference between Bill C-66 and the bill that is before us. The member could be right. I do not know all the details of it, but let me assume that the Conservative member was accurate in the statement he made. If that is the case, Bill C-66 was introduced in January 2024 or March 2024, so the Conservatives have had ample time to deal with what is within the legislation.

Surely to goodness, if the Conservatives have some amendments, they should be primed and ready to go. Once we get the bill out of committee, then it is back here in the House, and many members can speak once again to it, but let us at least get it to the committee stage so we can be in a position before the end of the year to actually pass the legislation and have it receive royal assent. Would that not be nice?

We have an opportunity to meet all 48 of the recommendations, and I would encourage my colleagues opposite, if they are genuine when they say they want to have further discussions and debates and look at possible amendments to the legislation, to allow it to get to that stage.

Having said all that, I want to provide a very quick comment in regard to the military overall, and the reason I want to do that is that many people kind of went off track in their discussions on it, even me possibly, to a certain degree, but when it comes to the military, our new Prime Minister, the Minister of National Defence and the Liberal caucus have done an incredible job of ensuring that we are going to be able to achieve the 2%, a commitment the Prime Minister has made. I know it would make a difference, but when we talk about victims, or about military expenditures and the many things we are doing for the members who serve in our forces, we know we can always do better, and we will strive to do that.

However, let us at least acknowledge that, at the end of the day, since having a new Prime Minister, the file on the Canadian Forces has been moving forward, second to no other prime minister in the last 40 to 50 years. I believe the Prime Minister will continue to ensure that the men and women of the Canadian Forces are being looked after in every way, which includes seeing Bill C-11 become the law of the land.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6:10 p.m.

Conservative

Cheryl Gallant Conservative Algonquin—Renfrew—Pembroke, ON

Mr. Speaker, the parliamentary secretary said this debate is all about the victims, and one of the victims was navy Lieutenant Patrick White, who testified before the defence committee last year about the navy leadership's attempts, under the Liberal government, to cover up the sexual assault committed against him by Officer X. Today, we learned that the witness and victim, Patrick White, has been fired by the military. He was supposed to be protected by parliamentary privilege as a witness.

If the government cannot protect witnesses with the full power of Parliament, how can we trust the government that the legislation will prevent sexual misconduct instead of just covering it up?

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6:10 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I will not go into any details on specific files, but I think it is safe to say that shifting the responsibility from military court procedures to civilian control is a very strong positive, and that is what this legislation would do. It is based on recommendation 5 of Madam Arbour's 48 recommendations.

I hope that members of the forces and other interested people following the debate will recognize that not only are we trying to advance legislation, but we have ensured that certain actions have taken place for a number of years to protect victims.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6:10 p.m.

Bloc

Luc Thériault Bloc Montcalm, QC

Mr. Speaker, I am sure that my colleague from Winnipeg North would agree with me that, in an organization as hierarchical as the Canadian Armed Forces, we cannot allow a code of silence to hide sexual abuse or discrimination, or allow it to exist at the highest levels of the armed forces. We cannot have a system where those responsible for judging it are part of it, and military justice clearly failed miserably in this case.

To reassure my colleague, I want him to know that the Bloc Québécois supports the bill and will work in committee.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6:10 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, first of all, I recognize that the Bloc has been very supportive of the legislation. I would suggest that Bloc members being as candid about the legislation as they have been sends a very strong message in favour of protecting victims. I appreciate and respect that.

We need to look at ways to possibly enhance the legislation. One thing I have heard from Bloc members is that they have some reservations, so I look forward to seeing the bill go to committee and providing Bloc members and others the opportunity to make changes that would give the legislation more strength.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6:10 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Mr. Speaker, for many years, Canada has opened the doors for women to be part of the Canadian Armed Forces, but unfortunately, they have not had justice when they faced sexual discrimination or sexual misconduct.

Bill C-11 offers an opportunity to take these particular issues out of the military justice system and into the civilian courts. Can the member talk about why that is an important development and how it would make sure that victims of sexual assault and sexual misconduct have an opportunity to have their case heard fairly?

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6:15 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the forces and the military should not be evaluating their own bad behaviour. I appreciate the member's comments. Back in the early 1980s when I was serving, there was a certain mentality there, but I believe it has improved dramatically since those days.

I can honestly say that when we pass legislation of this nature, it sends an even stronger message to young women, minorities and all members of the forces so they know they have the backing of the government, because it provides clarity. The more we can provide clarity, the healthier our forces will be.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6:15 p.m.

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I take this very seriously. I believe the member for Winnipeg North is a veteran, so I understand he has skin in the game, too, and takes it seriously as well.

For the last 10 years, I have been here, working respectively across all party lines. We know the government filibustered the defence committee for three months. We know the Prime Minister's Office covered up the investigation on former minister of national defence Harjit Sajjan.

How, for 10 years, have they allowed this injustice for the victims of sexual assault to go on? The member says they have been doing something, but we know they have not been, because we have heard it. We heard it first-hand from the victims of sexual assault, those who are still enlisted and those who have left the service because of the trauma caused by MST.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6:15 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, this is what I mean about false impressions, because if we were to listen to what the member just finished saying, one would be of the opinion that nothing has been taking place. For example, I can recall, I believe it was Bill C-77, where we had the declaration of victims rights. I can remember speaking to that bill years ago. This was a Liberal government initiative.

I have talked endlessly today about Bill C-11, and how it is one of 48 recommendations. Out of those 48 recommendations, we are hoping to achieve 47 of them before the end of this year. If the Conservatives were to get on side, we could do 48, but only if we can pass Bill C-11.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 6:15 p.m.

Conservative

Harb Gill Conservative Windsor West, ON

Mr. Speaker, we know Canadians' trust on this subject and in the government has been deeply eroded, especially given what has happened over the last 10 years. As someone who spent nearly three decades in policing, I know accountability is not about changing titles. It is about having and enforcing proper oversight.

How does this bill ensure military prosecutors and police are not only independent on paper, but also in practice, free from command influence or retaliation?