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.
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Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:35 p.m.

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent—Akiawenhrahk, QC

Mr. Speaker, obviously, as I said earlier, we agree with the principle of this bill, which addresses this serious issue.

With all respect to my veteran colleague, I just want to tell the member that he and the government should have done something 10 years ago. Unfortunately, they delayed and delayed. As said clearly by a colleague in the Bloc Québécois two days ago, who expressed the time frame of everything exactly, we have seen a cover-up by the government.

Yes, I welcome the comment by my colleague, but he should have done that 10 years ago.

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:35 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, it is true that it has been 10 years. That was the timeline we saw with the Liberals.

My hon. colleague and I worked together on this file, and I remember studying this issue. With all due respect, I would like to ask him a question. Who appointed Mr. Vance 10 years ago? Was it not the Conservatives?

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:35 p.m.

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent—Akiawenhrahk, QC

Mr. Speaker, on April 12, 2021, the Bloc enabled the Liberals to stop the work being done at the committee with respect to Mr. Vance.

The reality is that all parliamentarians are united in facing the challenge posed by this bill. We must tackle this sad and unfortunate reality head-on in order to fix the problems associated with sexual misconduct. This needs to be properly studied in parliamentary committee.

As we have seen over time, particularly on April 12, 2021, the committee was unable to do its work because members of the Liberal Party and the Bloc Québécois decided to shut down the proceedings.

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:35 p.m.

Conservative

Eric Melillo Conservative Kenora—Kiiwetinoong, ON

Mr. Speaker, I appreciate the great work of the member.

In sharing his comments, the member spoke a bit about the intent and principle behind this bill versus what the bill actually achieves. I am just wondering if he wants to add any more comments to that.

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:35 p.m.

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent—Akiawenhrahk, QC

Mr. Speaker, I want to thank my colleague for his hard work in his riding and here in the House of Commons. I remember pretty well when he got elected for the first time. I had some responsibility at that time to welcome him, and I was very proud to welcome him. I am prouder than ever to see that he is doing a very good job here in the House of Commons and also in his riding.

For sure, we all share the same principle of having to stop the sexual assaults and all that stuff in the army. Everybody agrees with that. With the colours that we defend here, we fight for the will of the people. The best way to address this issue will be in the committee, where we will study it correctly.

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:40 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, just six months ago, we had a new Prime Minister elected here in Canada, with a new government. He has brought forward this legislation, so I think it is good timing.

With that as background, would the member not agree that, in principle, if we support it, we should get it to committee stage, where it can be thoroughly discussed? Ultimately, we can get it back for third reading, when we can have a lot more debate.

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:40 p.m.

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent—Akiawenhrahk, QC

Mr. Speaker, this should have been done 10 years ago.

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:40 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, I would like to begin by saying that I will be sharing my time with my hon. colleague, the member for Laurentides—Labelle.

Today, we are talking about Bill C-11, the military justice system modernization act. This is an issue that I have been following since the beginning of my first term. As the Bloc Québécois critic for the status of women, I have had to take a stand on this issue and study it at not one but two committees, namely the Standing Committee on the Status of Women and the Standing Committee on National Defence, which is why this reform is so important to me.

I will begin with a bit of background. Next, I will address the issue of women in the Canadian Armed Forces and the fact that they are victims of a closed system. I will then talk about the Liberals' inaction and the Conservatives' silence. I will also address the Bloc Québécois's position, and I will close with a few statistics.

Bill C‑11 seeks to modernize the military justice system and remove the military's jurisdiction over sexual offences committed in Canada. This is a direct response to the 2022 Arbour report and the 2021 Fish report, which were released after decades of sexual misconduct scandals in the Canadian Armed Forces. Justice Arbour called out the military's culture of sexism and silence, where women were afraid to come forward.

The Bloc Québécois will support the principle of Bill C‑11 so that it can be studied in committee, but we denounce the past inaction of Liberal and Conservative governments. We are looking forward to a more in-depth study of this bill because our goal is ultimately to ensure that justice is independent, credible and sensitive to the realities of victims. This topic was the subject of two studies at the Standing Committee on National Defence, where I witnessed Liberal filibustering that was quite striking. At the time, I was replacing my colleague, the member for Pierre-Boucher—Les Patriotes—Verchères. This situation led to this file being submitted to the Standing Committee on the Status of Women for a study in hopes that the less partisan spirit of this committee would lead to the creation of a report, while everything was at a standstill at the Standing Committee on National Defence.

Since the Deschamps report in 2015, all reports have pointed to the same culture of misogyny and impunity. Some have even drawn parallels with the #MeToo movement of victims speaking out. Mr. Vance, Mr. McDonald, Mr. Sajjan and Mr. Trudeau are concrete examples of political leaders failing to bring about real cultural change in the armed forces. Despite the announcements and Operation Honour, victims continued to be betrayed by the chain of command. Ironically, in July 2015, despite the allegations against Vance, he was appointed chief of the defence staff and put in charge of this operation. That is just insane. The Bloc Québécois maintains that no credible reform can be achieved without an independent military justice system. That is the main idea we heard during the two studies.

Women in the armed forces have been the victims of a closed system. Jonathan Vance is the symbol of this contradiction: He was leading the fight against sexual misconduct while being accused of it himself. Victims feared repercussions on their careers, and investigations were often biased or hushed up. That is what we heard from witnesses. What is changing with Bill C‑11 is that sexual crimes are being transferred to civilian courts. This is a major step forward. It will end the conflicts of interest, as investigations will be conducted by civilian police. The bill provides for the independent appointment of key military justice actors, such as the provost marshal, the director of military prosecutions, and the director of defence counsel services. It also provides for the introduction of a liaison officer for victims, ensuring more compassionate support. Finally, it ensures that provisions on criminal offences and publication bans align with the Criminal Code.

However, women are still waiting for meaningful culture change, which includes respect, listening and transparency. They want mandatory training for civilian prosecutors on military realities and trauma. They are waiting for stable and predictable funding for victim services. They also want rigorous monitoring of the implementation of the Arbour report.

Madam Arbour said she was surprised when she was contacted and responded that she thought the work had already been done with the previous report. She finally tabled her own report in May 2022.

I would now like to address the Conservatives' silence and the Liberals' inaction. As I said earlier, the Conservatives appointed Mr. Vance, despite the allegations that had already been made against him. The Liberals were warned by their ombudsman, and they refused to intervene for years. In 2019, they even raised Mr. Vance's salary retroactively to 2018. The government finally took action, but only after pressure from the media and the public, particularly following a Global News article in February 2021.

In the meantime, women saw their careers destroyed, their mental health compromised and their trust broken. I remember the testimony of Stéphanie Raymond, a former CAF master corporal, who was so courageous throughout this whole affair. She appeared before the committee and shared her terrible ordeal.

The Bloc Québécois supports the principle of Bill C‑11 at second reading. However, the Bloc Québécois is demanding that justice be independent and transparent. We also want a feminist and inclusive approach to implementation, as well as collaboration with Quebec and the provinces and territories in order to align services. This is important. We often say that, while it is good to identify the situation and have a Criminal Code, the implementation of everything that has to do with the justice system is the jurisdiction of Quebec and the provinces and territories. This is important to keep in mind. We must fight against sexual violence by listening and being respectful and fair. Quebec and the provinces are responsible for providing appropriate psychological and social support and social services for victims.

We must also be conscious of intersectional realities. Women, LGBTQ communities, indigenous people and people with disabilities often do not share the same circumstances. At the end of the day, what the Bloc Québécois wants is culture change. There is no other way to tackle an issue as serious as a culture of misogyny and toxic masculinity. The Bloc Québécois called for a complete culture change in sport, and we are doing the same thing now for the armed forces, because women deserve to feel safe in that space.

I have a number of statistics to share about sexual misconduct in the Canadian Armed Forces: 7.5% of women in the regular force were sexually assaulted in 2022, compared to 2.8% of men; 27.3% of women reported being sexually assaulted at least once in their military career; 64% of victims did not report the incident to an authority; 41% said they did not speak up because they feared retaliation, and others were convinced that it would not make any difference. About 86% of assaults occurred in the military workplace. In 2017-18, disciplinary action for sexual harassment was taken in only 20 cases, which is paltry.

Intersectional data is also available for LGBTQ+ communities. I would like to mention that some non-heterosexual military members report higher rates of assault and that 67% of members have witnessed discriminatory or sexualized behaviour, often related to gender or sexual identity. The LGBT purge left a dismal legacy: From 1950 to 1990, hundreds of soldiers and police officers were fired for their sexual orientation. I want to thank the members of the Fondation Émergence who came to my office here in Ottawa and filled me in on this sad story. I also want to acknowledge Martine Roy, an activist and former member of the armed forces. She said that the military justice system needs to be improved to make it fair and reliable, to strengthen support for victims, which is essential, and to give civilian authorities the jurisdiction to investigate and prosecute Criminal Code sexual offences committed in Canada. These are all important messages.

In closing, here are some more important facts: 19% of military personnel were exposed to sexualized or discriminatory behaviour in the previous year, 34% of them being women. The reported rate of assault has increased since 2016, rising from 1.7% to 3.5% in 2022. Only 21% of victims reported the incidents, down from 2018. Sixty-one per cent agree that sexual misconduct remains a major problem. Young people, indigenous women, people with disabilities and LGBTQ members are the most at risk.

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:50 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Mr. Speaker, I thank my colleague from Shefford for her very informed speech. She is always very well prepared for all the debates she takes part in.

I am pleased that she mentioned in her speech that the Bloc Québécois supports this bill in principle. As I said, my colleague always backs up what she says in her speeches with facts and figures.

Beyond supporting this bill in principle, does my colleague have any specific proposals for improving it?

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:50 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, in my speech, I mentioned some proposals. What women are still waiting for is a real culture change, so there is some action that can be taken.

We also want civilian prosecutors to receive mandatory training on military realities and trauma. It is all well and good to set up independent tribunals, but we must also proactively educate people to ensure that they are truly aware of the different realities faced by military personnel. I am thinking in particular of PTSD, a reality we can openly talk about now, as well as mental health. It is therefore essential to provide better training, as well as stable and predictable funding for victim services, which is something we are still waiting for.

Careful oversight is also needed. Some of the recommendations from the Arbour report have not been addressed in the bill. Perhaps an analysis should be done to determine what is in the bill and what is missing from it.

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:50 p.m.

Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot—Acton, QC

Mr. Speaker, in her speech, my colleague did a good job summarizing the Bloc Québécois's position, which is what I will be standing up for at the Standing Committee on National Defence when this bill is studied there, probably soon.

In short, we are thinking that it is about time. We will not say it is too little, too late. It took a while, but at least there is something now. While it is far from perfect, we applaud the intent.

What does my colleague think about how long this took and the fact that General Vance was able to be hired, reappointed and even given a raise, by bipartisan consensus, when there were known internal allegations of misconduct?

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:50 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, that question from my colleague from Saint-Hyacinthe—Bagot—Acton is important and essential. My colleague will be the one who will be able to propose improvements to this bill in committee on behalf of the Bloc Québécois.

As I said, issues related to purges and cases of assault have existed within the armed forces for decades. These situations have dragged on. Although the Conservatives knew about them in 2015, they still appointed Mr. Vance. Subsequently, despite what the Liberals knew, they kept him on and even gave him a raise.

If the media had not exposed the situation in February 2021, would the Conservatives or Liberals ever have voluntarily taken action, or would they have continued to sweep it under the rug and hide this culture that needs to change?

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:50 p.m.

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, it is important for all of us to realize that we have substantive legislation before us that would take cases out of military jurisdiction and put them in civilian jurisdiction. We have been waiting a long time for this. We have a new Prime Minister who was just elected a number of months ago, and he has made this a high priority.

Would the member not agree that we can continue to have the debates and discussions at committee, and that if there is a need for amendments, at least there is an opportunity to propose those amendments? After all, it will come back to the House for third reading, where we can continue to debate it. Would she not agree that timely passage to committee would be helpful in dealing with this issue?

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:55 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, we still have to do the work in a reasonable and rigorous manner in committee, as the Bloc Québécois always does.

What we do know is that the media reported on this story in 2021, and it is now 2025. Things need to change.

Among other things, the Quebec government's report on rebuilding trust recommended the creation of independent tribunals and the transfer to the civil system. This was requested by many victims during their testimony. It is one way to restore victims' confidence in the system so that they feel truly listened to and so that they no longer believe that the armed forces system is about friends protecting friends.

Military Justice Modernization ActGovernment Orders

October 8th, 2025 / 3:55 p.m.

Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Mr. Speaker, today, it is my turn to address the House, and I do so as the Bloc Québécois critic for veterans affairs.

Because of my background in psychosociology, I see victims in a very specific light. The Standing Committee on Veterans Affairs is looking at various issues facing veterans with post-traumatic stress disorder. For instance, these men and women may attempt suicide or develop substance abuse problems in response to the trauma they have experienced.

Bill C-11, which we have been discussing for several days now, deals with a truly important topic. We must address it seriously and with empathy, and honestly, we need to consider the purpose of the bill from an intellectual perspective. As I was saying, we need to address this topic with the dignity and respect it deserves.

That is my hope today as I address all my colleagues. Bill C-11, or the military justice system modernization act, seeks to address gaps and systemic wrongs that directly affect the lives of many women and men.

For the record, I would like to highlight an important article published in April 2014 in L'actualité by Alec Castonguay and Noémi Mercier, which alerted us to cases of sexual misconduct. The article talks about Lise Gauthier, a 51-year-old woman from Sherbrooke who spent half her life in the Canadian Armed Forces. I would like to quote the first paragraph of the article: “Lise Gauthier does not have enough fingers to count the number of times that she was raped, assaulted or sexually harassed by her fellow soldiers.”

On March 27, 2015, former justice Marie Deschamps released a scathing report on sexual misconduct in the Canadian Armed Forces. This report discusses the existence of a sexist culture, as my colleague the member for Shefford would say. I would like to think that this culture does not exist anymore.

The military turned a blind eye to these inappropriate behaviours for many years, starting in the backrooms. I think everyone knows about Jonathan Vance, who has been the subject of much discussion. He had just been appointed the future chief of the defence staff. At the time, the investigations went nowhere. The system was protecting itself.

In 2018, military ombudsman Gary Walbourne held a private meeting with the then minister of national defence, Mr. Sajjan. Mr. Walbourne tried to discuss a case of sexual misconduct involving Mr. Vance. The victim had decided not to pursue the matter out of fear of retaliation. It was hoped that Mr. Sajjan would intervene to protect the victim, who was Mr. Vance's subordinate. He could have easily derailed her career.

The crux of the matter is that the chief of the defence staff was at the centre of the military prosecution process. That does not even meet minimum ethical standards. He then became toxic toward anyone who had the misfortune of being in his sights or who spoke out about issues. To be clear, I would call it a military #MeToo.

The then minister of defence, a career soldier, wanted to protect chief of the defence staff, General Vance. What is more, he gave him a $50,000 pay raise. He did not just turn a blind eye. He did worse than that. Let us put ourselves in the victims' shoes for a moment. They must have thought that something did not add up and that things did not make sense. How must they have felt knowing that their attacker was Canada's highest-ranking military officer and that he was untouchable, and then finding out that, on top of that, the minister was going to give him a pay raise? A person cannot be both judge and jury.

I think of all those who have chosen to enlist in the Canadian Armed Forces. We can only commend them for their decision with dignity and respect. Whether they are actively serving, reservists, or even retired from the forces, we owe them respect, and above all, we must protect their dignity.

It is always good to get back to the heart of the matter. Dignity is an intrinsic value of being human. It is what makes people worthy of respect, regardless of their circumstances, actions or social position. With that as our moral foundation, every person must be treated with dignity, never simply as a means to an end. These women and men were not treated with dignity.

Bill C‑11 aims to close this appalling loophole where man and system are one and the same. Under this bill, the government would select the provost marshal of the Canadian Armed Forces, the director of military prosecutions and the director of defence counsel services.

This would transform the appointment process into a political process instead of leaving it in the hands of military leadership. These individuals would therefore be immune from any form of blackmail. This is what I want to draw my colleagues' attention to. Jonathan Vance, who had sexual relations with a subordinate, allegedly boasted about how the victim could not file a complaint because he had full control over military investigations.

As I said at the outset, we are currently studying suicide prevention at the Standing Committee on Veterans Affairs. We are talking about the trauma experienced by our veterans. I have one major wish. Now that we are closing this gap, it is essential to respectfully provide these people with all the necessary services and supports. They have serious needs.