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

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-11.

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

line drawing of robot

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 10th, 2025 / 10:40 a.m.

Conservative

Michael Cooper Conservative St. Albert—Sturgeon River, AB

Mr. Speaker, I concur with the hon. member that there are cultural issues that have to be tackled.

There have also been well-documented instances of a failure to hold certain leaders within the Canadian Armed Forces accountable. It is not necessarily the systems that are in place and the code of service discipline that are the problem; it is what have been instances of a lack of accountability by individuals who have failed. Regrettably, the government was complicit in that regard when it played a major role in covering up the wrongdoing of Vance. That cover-up went all the way to the top, right to the former prime minister and to his chief of staff, Katie Telford.

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:40 a.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands—Rideau Lakes, ON

Mr. Speaker, the member's speech very clearly outlines what our concerns are and what our interest is in having the bill properly studied at committee.

I have to ask the member how we got to this place. The Liberals have been in government for 10 years, and they have failed to prioritize and to take the proper action needed to redress the very deep issues within the culture of the Canadian Armed Forces that they have not only allowed to continue but in fact, through their actions, their complicity and the cover-ups, as mentioned by my hon. colleague, have also made worse for victims and for all members in uniform.

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:40 a.m.

Conservative

Michael Cooper Conservative St. Albert—Sturgeon River, AB

Mr. Speaker, that, sadly, is the record of the Liberals. At every step of the way, they have dragged their feet. They say that this is needed, that this is the solution: take jurisdiction out of the code of service discipline when it comes to sexual offences and transfer it into the civilian system. That recommendation was recommendation 5 of Madam Deschamps' report, which was 10 years ago. Then the Liberals proceeded to have Justice Fish issue a report, and then they asked Justice Arbour to undertake the same study, the same review, that Madam Justice Deschamps had undertaken years earlier.

It is a record of inaction. It is a record of failure.

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:40 a.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

Mr. Speaker, it is always a pleasure to rise on behalf of the people from Kamloops—Thompson—Nicola. Today is a particularly important day. No, it is not my birthday, and it is not my mother's birthday. This is a day that so many of us have looked forward to. Over my right shoulder is the other member of Parliament from Kamloops, the member for Kamloops—Shuswap—Central Rockies. I stand before this House with tremendous pride.

For those who do not know, I was a prosecutor before I was elected here. Most people have heard that far too many times, I know. One of the things I mostly prosecuted was Internet offences against kids. The term “child pornography” disgusted me. Children cannot consent. It is sexual abuse. Pornography depicts consenting adults.

In 2021, when I was running, I said my first order of business would be to change that law. I stood on doorsteps saying we would change that verbiage. When I gave my first speech in the House, I spoke about that. I spoke about a number of other things, but I called upon this House to do it. With my colleague and friend, I drafted the bill and he presented it. He sponsored the bill and, together, it navigated through the House of Commons and the Senate, and it received royal assent on October 10, 2024, one year ago today. That means that today the term “child pornography” disappears from the Canadian legal lexicon. It is called what it is: child sexual abuse and exploitation material. I am profoundly proud of that today.

Before I begin, I want to recognize Walter Behnke of Kamloops—Thompson—Nicola, an exceptional individual who has given so much. I appreciate all that he has done. I thank Walter for his tremendous contributions to our democracy.

I also want to highlight Daniel Martin and Karen Martin, two people who have contributed tremendously to the vitality of the democracy that is Kamloops—Thompson—Nicola. Daniel is a navy veteran, somebody who cares deeply for the flag, deeply for his country and deeply for others. The same goes for his wife, Karen, who I know volunteers as a lawyer. People think that lawyers are just there to make money. She actually retired at a relatively young age and still gives back to young lawyers. She still volunteers in any way she can. I thank them for what they have done for the people of Kamloops—Thompson—Nicola and for their tremendous contributions and assistance to me.

We are speaking here to Bill C-11. The crux of Bill C-11 is about sexual offending in the armed forces. The bill has two elements of the debate that I would love to raise. The first element of the debate is the colossal failure when it comes to sexual offences, particularly sexual offences in the military, but that is actually just symptomatic of the tremendous failure of the current Liberal government when it comes to sexual offences, period. The other issue, then, is, what do we do with it?

At the outset of this speech, I spoke about my experience prosecuting sexual offences against children. Most of those involved the Internet, but I also prosecuted a number of sexual offences, and I will say this: Victims who experience sexual trauma, at whatever age but particularly at a young age, live a psychological life sentence.

Let us make no mistake about this. The fact that the Liberals have not legislated on this is on their hands. The Harper government legislated on sex crimes, drugs and guns. The Liberals have repealed legislation on guns. We saw that in Bill C-5. The Liberals have legislated with respect to drugs. We saw that extensively with conditional sentence orders. They have not legislated on sex crimes. If the Liberals are so ideological, why will they not address sex crimes?

Perhaps I am getting animated, but if there is something to get animated about, it is that there are victims each and every day who walk with demons they do not see but that they feel and hear. They carry this pernicious offending, particularly against children, although it happens to adults too, for the rest of their lives, and the Liberals have not legislated on it. Someone can still commit a sex offence against a child and serve house arrest.

Robbery is the taking of property by force. The maximum sentence is life imprisonment. Sex assault is the taking of dignity and consent by force. The maximum sentence is 10 years. If someone takes a child's innocence, it is 14 years, but not to worry, house arrest is still an option.

When I get up here to speak about the military and sexual offending within the military, and when I get up to speak about sex offences generally, I am appalled at what we have done, or failed to do. It is actually even worse when we know of a problem and sit idle in Parliament.

I put forward Bill C-299 to add life imprisonment to sexual offences and put most sex offences on par with property offences. I was heckled when I introduced that bill. Then we wonder why we are in the state we are in where this insidious offending happens, completely under-reported. If we think it is under-reported in the military, I am sure it is just as under-reported in society. Myths and stereotypes abound: “Who will believe me?” These are the problems, and they have been perpetuated in the military by this House's inaction.

I challenge the Liberals across the way. I will try to look each and every one of those who are here in the eye and question what we are doing here. Why are we sitting here? We are talking about a really nuanced subject. We are talking about transferring investigative authority and prosecutorial authority to civilians in the prosecution service. That is something we have to recognize as an issue. Prosecuting sex offences is not easy, and I do not say that to pat myself on the back. I say that because it is something I had to learn to do. Investigating sexual offences is even harder.

I came across something recently. A police officer said that a victim had not said no. For those watching at home, it is not “no means no”. It is only “yes means yes”; that is it. These are the issues we are dealing with, and that was from a member of a police force that was not a military police force. We need widespread education, but if I can underscore one thing in this speech, it is that this House has failed when it comes to sex offences. We should all be ashamed.

We as Conservatives have faced push-back because we want mandatory minimums for an offence for which the victim is serving a psychological life sentence. People will say that it failed in the Harper era. It failed in the Harper era because all we needed was a safety valve to say “except in exceptional circumstances”. That is it. I implore one of my Liberal colleagues, Conservative colleagues, Bloc colleagues or anybody else to put that forward.

If there is one thing we should be prepared to do, it is to send people to jail when they hurt people sexually, especially in the military. My commitment to victims is this: For anybody who touches a kid, if I am in a position to legislate on it, I will not take my foot off the gas pedal until those offenders see the inside of a jail cell for a very long time.

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:50 a.m.

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, when I look at what has been taking place over the last number of years, I believe there has been significant movement forward. It is one of the reasons that today we see sexual assaults being tried in the civil process as opposed to the military courts. Bill C-11, in essence, would put that into criminal law to ensure there is further clarity on the issue. This Prime Minister, understanding the impact on the Canadian Forces, has ensured that we have this bill before us today, and he has been the Prime Minister for less than six months.

We are hoping to see the legislation get to committee so that we can listen to what Canadians have to say about it. I agree that all members have a role to play on this, but I would also argue that all members are concerned about victims. The Prime Minister has demonstrated that by the commitment to having this legislation before us. Would the member not agree?

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:50 a.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

Mr. Speaker, I know we are all concerned. I would never say that we are not all concerned, but I am troubled by the fact that I have been here for an hour and it has only been that member who has asked questions on behalf of the Liberals when there are many talented Liberals sitting in the House who can talk about it.

Let us take the member's logic here to its end point. The Prime Minister is so concerned about sexual offences that Bill C-11 has been put forward. Well, correct me if I am wrong, but was this not already discussed in Parliament on a past occasion? If the Prime Minister is going to be such a leader on this issue, where is the legislation to punish sex offenders writ large? The Liberals have washed their hands of it.

With all due respect, I will accept the proposition that we, as members, believe that sex offences need to be dealt with appropriately. I will not believe the contention that the Prime Minister has made it a priority, because he has not made it a priority.

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:55 a.m.

Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Mr. Speaker, it is easy to point fingers at the government in power but I would like to ask my colleague a question. How is it that the Conservatives had the nerve to appoint a chief of the defence staff whose record was not unblemished?

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:55 a.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

Mr. Speaker, I believe I know the case my colleague is referring to. Obviously, I am not going to justify any appointment of any wrong person, period. I am not sure who made what appointments. I do not want to presume that we are referring to the same person.

I know there have been cover-ups. I believe there have been cover-ups, frankly, by the Liberal government. Those cover-ups are completely unacceptable, and those cover-ups should end. We should be appointing good people. I thank my Bloc colleague for raising that.

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:55 a.m.

Liberal

Chris Malette Liberal Bay of Quinte, ON

Mr. Speaker, I thank the member opposite for his commitment to prosecuting sexual crimes of any nature.

As a former journalist of many years, I covered not only court proceedings as a “court and cops” reporter, if you will. I also covered CFB Trenton, Canada's largest air base. In that role, I had occasion to report on and cover sexual assault cases heard before a court martial in hearing rooms at CFB Trenton.

On more than one occasion, it struck me that the accused was present in the room, represented quite often by a civilian lawyer, but the complainant, in almost all cases a woman in uniform, had to make her complaint in a room full of other uniformed individuals. Would my friend not agree that this setting is not the ideal setting for this kind of complaint, and that it should be in the civilian realm?

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:55 a.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Nicola, BC

Mr. Speaker, I do not believe I have had the pleasure of meeting my colleague across the way. In case we have, I apologize, but I do welcome him to the chamber.

Under the Criminal Code, I believe under section 486.3 or something like that, there are witness accommodations that are available in the civilian system. I am not a military expert, so I do not know if those accommodations are available there, but I would support those accommodations being available. There are things like screens, or testifying from a separate room by CCTV. Victims should have access to those, so I would agree.

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:55 a.m.

The Assistant Deputy Speaker John Nater

Is the House ready for the question?

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:55 a.m.

Some hon. members

Question.

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:55 a.m.

The Assistant Deputy Speaker John Nater

The question is on the motion.

If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

Military Justice System Modernization ActGovernment Orders

October 10th, 2025 / 10:55 a.m.

Conservative

Eric Melillo Conservative Kenora—Kiiwetinoong, ON

Mr. Speaker, I ask that it carry on division.

(Motion agreed to, bill read the second time and referred to a committee)