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

[Grant Jackson, Conservative, Brandon—Souris, MB]

Mr. Speaker, of course the situation my colleague raises is a terrible one to be in. I cannot imagine the feeling of being trapped in a system someone feels is protecting, or is protecting, their assaulter, the person who committed one of these crimes against them. It is a terrible situation that members of our Canadian Armed Forces who are the victims of these types of crimes have been subjected to. We need to do better by them.

Conservatives are certainly going to work hard. I know that my colleagues on the national defence committee are going to work very hard to ensure that if the bill proceeds, it does so in the most effective way possible to make sure that victims are protected and that they receive justice under the law.

[Jeremy Patzer, Conservative, Swift Current—Grasslands—Kindersley, SK]

Mr. Speaker, certainly we agree that moving the trials to the civilian courts would provide victims with, hopefully, a little more certainty that the proceedings could go ahead. However, there is a concern, because I do not see anywhere in the bill the Liberals' trying to address the lack of judges and the lack of courtroom space. I would hate for somebody to run up against a situation where they are not able to get to the end of a sentencing or a trial within a given time frame, and the charges are tossed because they were not able to get through the proceedings in a timely manner.

I am just wondering whether the member has any concerns about that.

[Grant Jackson, Conservative, Brandon—Souris, MB]

Mr. Speaker, the member is exactly right; we are concerned about a lack of judges, a lack of Crown prosecutors across the country right now, and certainly in provinces. Time after time, cases are being pleaded down or in many cases completely thrown out because they hit the Jordan framework.

If the federal government is serious about ensuring that victims within our Canadian Armed Forces receive the that justice they deserve and that this country should be providing to them, they need to be stepping up with resources to scrap their soft-on-crime Bill C-5 and Bill C-75 laws and putting additional resources into our courtrooms to ensure that the cases are heard in a timely fashion so we actually deliver justice for victims in this country.

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr. Speaker, I rise today to speak in strong support of Bill C-11.

Those who serve our country deserve a Canadian Armed Forces that is safe, respectful and free from harassment, discrimination and misconduct. When harm does occur, they deserve a justice system that is clear and fair and that puts victims and survivors first.

For far too long, members of the Canadian Armed Forces, especially women and other under-represented groups, have faced incidents of sexual misconduct and harassment that have shaken confidence in the military justice system. Survivors have told us again and again that the system was not working for them. This is unacceptable.

Bill C-11 builds on the brave testimony of survivors and on the tireless work of two former Supreme Court justices, Justice Arbour and Justice Fish, who both studied the issues closely. The bill responds directly to Justice Arbour’s recommendation 5 and to several of Justice Fish’s recommendations to strengthen the military justice system.

The legislation would remove jurisdiction from the armed forces to investigate and prosecute Criminal Code sexual offences committed in Canada. Those cases would now fall under the civilian justice system. This is a major change. Until now, there was what is called concurrent jurisdiction, meaning that both the military and civilian systems could handle such cases. In practice, that created confusion and inconsistency, and too often, victims were left uncertain where to turn.

By making civilian authorities the exclusive jurisdiction for the offences, we would be providing clarity, transparency and fairness. Just as with cases of murder or manslaughter, alleged sexual offences by armed forces members in Canada would be handled in civilian courts. This change ensures that very serious crimes would be treated with the seriousness and independence they deserve.

Bill C-11 would also enhance support for victims. It would establish a victim liaison officer, available to victims throughout the transfer of cases regardless of jurisdiction. Victims would no longer be left to navigate two systems on their own. Instead, they would have a designated officer to help them understand the process and have their voice heard.

The legislation would also strengthen independence within the military justice system. Key positions such as the director of military prosecutions and the director of defence counsel services would be elevated to Governor in Council appointments. This step would remove real or perceived influence from the chain of command, giving members greater trust in the fairness of the system.

Bill C-11 would also address historical discrimination faced by under-represented groups in how cases have been processed and transferred. The bill would ensure that the military justice system remains aligned with the Criminal Code and the civilian justice system, creating greater fairness for all.

We know this is not happening in isolation. Since 2021, when Justice Arbour issued her interim recommendation, the director of military prosecutions has already ensured that 100% of Criminal Code sexual offence charges are being laid in the civilian justice system. The bill would take the next step by putting the practice into law.

Some people may ask why the legislation focuses only on offences committed in Canada. The answer is that this reflects the reality of jurisdiction. For offences occurring abroad, military police would still have to—

[The Deputy Speaker, Tom Kmiec]

There is a point of order from the hon. member for Selkirk—Interlake—Eastman.

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

Mr. Speaker, the member mentioned, just a couple of minutes ago in his speech, that Bill C-11 would provide officers to victims.

[An hon. member]

That is debate.

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

Mr. Speaker, this is not debate; this is fact. It is not in Bill C-11. Bill C-11 does not provide that support.

The Canadian Armed Forces is doing that through the Department of National Defence through the sexual misconduct support and resource centre—

[The Deputy Speaker, Tom Kmiec]

Is there a regular practice of the House, tradition or custom that the member could refer me to on this point of order?

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

The standing orders say that members cannot be informing the House of what is not in the bill. They are making stuff up, so—

[Some hon. members]

Oh, oh!

[The Deputy Speaker, Tom Kmiec]

Order. This is not germane to the debate. I was listening to the member for Surrey Newton in debate, and I believe it was germane.

The hon. member for Surrey Newton.

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr. Speaker, I want to emphasize that this bill is not only about legal frameworks but also about cultural change. Our government is committed to building a Canadian Armed Forces that is inclusive, respectful and professional. That is why we are implementing all 48 of Justice Arbour’s recommendations, of which about 20 are already completed, and the rest will be done by the end of 2025. The last recommendation is this bill. If this bill goes through, that will be the last recommendation by Justice Arbour completed. We are also acting on Justice Fish’s recommendations, prioritizing the ones that most improve independence, transparency and fairness. Bill C-11 reflects that commitment.

I know some will raise concerns about delays in the civilian system or the capacity of civilian police to handle these cases, but let us be clear that these cases are already being investigated and prosecuted by civilian authorities. Our police and courts are the right place for them. Others may point out that the military system could have moved faster to adopt these changes. I agree that change has not come quickly enough, but today, with this bill, we are locking in reforms that could not be rolled back because they would be enshrined in law.

Members of the armed forces make sacrifices every day to protect Canada and Canadians. They put service before self. They stand ready to defend us in times of danger. Our responsibility as parliamentarians is to ensure that they serve in an institution that protects them as much as they protect us. This bill is about fairness, about restoring trust and, most importantly, about sending a message to every member of the Canadian Armed Forces, especially every survivor of misconduct. We hear them. We believe them. We are acting to make the system better.

Legislation alone will not erase misconduct or rebuild trust. That work requires leadership, training, accountability and a deep cultural shift inside the forces, but laws do matter. They set the framework for justice. They signal what our society values, and they provide the tools for change. Bill C-11 is not the end of the journey, but it is a critical milestone. It states clearly that sexual offences do not belong in the military justice system. Victims deserve support, independence and fairness, and the Canadian Armed Forces deserve a justice system worthy of those who serve.

I urge all members of the House, regardless of party, to support this important legislation. Let us get it done.

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

Mr. Speaker, I first want to point out that the member erred in his speech. Conservatives supported the Deschamps report, and that was 10 years ago. It took 10 years since the Deschamps report, and the Jonathan Vance scandal, for the Liberals to finally bring this forward.

He also erred in saying that the sexual misconduct support and resource centre was opening up a section to help victims navigate the legal system in civilian courts because of Bill C-11. No, it was already doing that before Bill C-11 was brought forward. That again is something that was brought forward in the Deschamps report, as well as the Arbour report.

Lastly, I would like to point out that this bill would give direction to the Minister of National Defence because of the cover-up by the Liberals with Harjit Sajjan, which the member for Waterloo helped cover up when she was House leader. She always defended Harjit Sajjan for refusing to investigate Jonathan Vance.

[Sukh Dhaliwal, Liberal, Surrey Newton, BC]

Mr. Speaker, some of the past incidents that have happened are awful and unacceptable. This is why we brought this bill forward. The members on the other side must be aware that this bill was brought forward in the previous Parliament as well, and because of the filibuster the Conservatives did, we could not get it passed. I ask the Conservative member to support this bill, so we can have it in committee and serve those people who deserve justice.