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 System Modernization ActGovernment Orders

October 6th, 2025 / 12:35 p.m.

Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Mr. Speaker, it is quite a thing to deliver a speech about something one has experienced first hand.

My question is very simple. Everyone knows that this bill was desperately needed. However, will my colleague also be able to devote all her energy to helping everyone who may have been or may become victims, both our veterans and employees of National Defence? Can she ensure that she will be there to help our people?

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:40 p.m.

Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Mr. Speaker, I was elected in 2015. I have always worked closely with veterans' communities and their families. I was parliamentary secretary to the Minister of Veterans Affairs from 2017 to 2019, and I still have phone numbers and I still get text messages from veterans and their families to this day.

I want to remain committed to those who served our country and their families.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:40 p.m.

Liberal

Ginette Petitpas Taylor Liberal Moncton—Dieppe, NB

Mr. Speaker, I know that veterans and serving members of the Canadian Armed Forces are my friend and colleague's top priority.

During your speech today, you indicated that Justice Arbour consulted with over 16,000 individuals. I am just wondering if the department and the minister himself consulted with victims as well.

How do we anticipate the reaction of survivors with respect to this legislation? We all know that making a complaint of this nature is very difficult. I am just wondering if we have received any feedback from survivors.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:40 p.m.

The Assistant Deputy Speaker John Nater

Members will address questions through the Chair.

The hon. parliamentary secretary.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:40 p.m.

Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Mr. Speaker, it was Jennie Carignan, the current CDS, who met with over 16,000 members of the Canadian Armed Forces.

I know the Minister of National Defence is always speaking to members of the Canadian Armed Forces, veterans and their families. They asked us, based on Justice Arbour's recommendation, to move the investigation and prosecution of sexual assault cases to the civilian system. We are listening to them. We will continue to listen to them. We will always listen to them.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:40 p.m.

Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I appreciate this member's commitment to our veterans and our military, and appreciate her the sacrifices her family has made to serve this country.

The member brought up in her speech that the bill would make permanent something that was already brought into effect, I believe in 2021, with respect to the civilian prosecution of sexual misconduct cases. I do not know whether the member has the data on hand, but could she commit to providing, when this bill gets to committee, how many of these cases have been sent to civilian authorities and how many have been denied? Are there any results she could provide?

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:40 p.m.

Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Mr. Speaker, I will make sure the information is provided to committee members when this bill gets to committee.

I want to thank the member opposite. We have worked together on many files, and it is always a pleasure to work with him.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:40 p.m.

Liberal

Chris Malette Liberal Bay of Quinte, ON

Mr. Speaker, before I begin, I want to thank the brave men and women of our Canadian Armed Forces for their service to Canada and Canadians.

It is with great pride that I rise today to speak at second reading of Bill C-11, the military justice system modernization act. Now, more than ever, we need to invest in the tens of thousands of brave men and women of our Canadian Armed Forces, who work hard every day to protect Canada's sovereignty and security. Every day, Canadian Armed Forces members don the uniform and stand ready to protect and defend the people of Canada. That is why our people remain at the core of everything the Canadian Armed Forces does. When someone chooses to serve our country, it is our duty as the government to make sure they have every tool necessary to do so.

It is also our duty to make sure they are treated right. Victims of harassment and sexual crimes in the Canadian Armed Forces should not have to worry about the consequences of reporting what has happened to them to their superiors or an internal legal system. With the legislation we are proposing, we would make sure this no longer happens. We want to ensure that these victims can pursue their cases in civil court, outside the military system and far from reprisals from their superiors.

To bring about meaningful cultural change and change that will stand the test of time, we must reform the system to help victims and survivors of sexual misconduct in the Canadian Armed Forces. We must give them options and recourse that do not ostracize or isolate them, but, rather, do the opposite. We must ensure that they feel free to make their own decisions without fear of impacting their future careers in the Canadian Armed Forces. They have our backs. We must have theirs. Make no mistake that supporting our Canadian Armed Forces is a top priority for our government. We will ensure fairness and justice for victims and survivors.

The proposed changes in this legislation would have a direct impact on members of the Canadian Armed Forces in my very own riding, Bay of Quinte. My riding is home to CFB Trenton, also known as 8 Wing Trenton, which is Canada's largest and most strategically important air force base. CFB Trenton is also the largest employer in Quinte West, with more than 4,500 personnel, and it has a significant economic impact on the region. These are precisely the people we are supporting through this legislation. Bill C-11 would help us build a more inclusive, respectful and safe workplace for all of our Canadian Armed Forces members to survive and thrive, including members who serve at CFB Trenton.

We have made considerable progress over the last several years to enact meaningful and durable culture change in the Canadian Armed Forces, including by working to implement all 48 of former Supreme Court justice Louise Arbour's recommendations, as others have previously outlined. By implementing Justice Arbour's recommendations and making changes to the military justice system through Bill C-11, we are taking a major step to make sure we keep our brave soldiers safe from harassment and misconduct in their workplace.

A career with the Canadian Armed Forces is a source of unique pride and confidence among those who have the privilege to serve. Our priority, then, as a government is to build a more inclusive and supportive fighting force. It is important to grow a Canadian Armed Forces that reflects the diversity of Canada and Canadians. We know that a more modern military with an inclusive culture will also have a positive impact on recruiting and retaining members.

We are building a 21st-century workplace where Canadian Armed Forces members will feel safe to report incidents. Our forces expect this of us. They expect a workplace where CAF members are treated fairly. In other words, changing the culture of DND and the CAF is not simply the right thing to do; it is essential to the readiness and operational effectiveness of our institution, and it has tangible impacts.

This year, recruitment has reached a 10-year high. We are on an upward trajectory, but there is more to be done, and Bill C-11 is part of our plan to create a safe workplace environment and change in the culture inside the Canadian Armed Forces. Our government has heard the voices of our people loudly and clearly. We have listened and we have acted. We now know there is much more work to be done, but we are making concrete and measurable progress. Bill C-11 demonstrates that anyone who wishes to join the CAF will have access to a fair and reliable legal system.

I want to reiterate the importance of Bill C-11. It would lay the foundation for an improved military culture by modernizing the military justice system, improving support to victims and providing exclusive jurisdiction to civilian authorities to both investigate and prosecute Criminal Code sexual offences committed in Canada. We believe Bill C-11 is an important step in a journey designed to achieve durable and lasting institutional reform.

In conclusion, members of our armed forces serve our country with courage and dedication. That is why it is important for the government to take the need to change military culture seriously. Therefore, I encourage all of my colleagues to support this crucial bill to change the lives of our men and women in the Canadian Armed Forces for the better. I hope we can all work together to make sure that Bill C-11 passes quickly. Our forces are counting on us.

I want to thank our brave armed forces, especially those at CFB Trenton my riding, for their sacrifice and service to our country.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:45 p.m.

Conservative

Terry Dowdall Conservative Simcoe—Grey, ON

Mr. Speaker, there are some things in the member's speech that we agree on. They have our backs and we must have theirs. That is extremely important. We also agree that everyone should be safe from harassment.

The Borden base is in my riding. I am very honoured to represent the men and women of the military who serve and have served in that area.

I used to sit on the veterans affairs committee, and what I have noticed since being elected in 2019 is that a lot of the same issues are being repeated over and over by the government, which has been in place for 10 years. We are studying some of the same issues again and again, such as individuals dealing with PTSD or getting another job after service.

Why would the public believe now that any of this would help any of the people who are serving today and those who have served? For 10 years, it has been the same thing over and over, with lots of promises and absolutely no delivery.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:50 p.m.

Liberal

Chris Malette Liberal Bay of Quinte, ON

Mr. Speaker, I thank the member opposite for his service to his riding and to the men and women of CFB Borden.

I believe this government is committed to righting the wrongs of the past, as we have seen with some of our legislation, especially Bill C-11, which is a prime example of how we are doing that in a modern Canadian Armed Forces.

General Jennie Carignan is a prime example of the kind of personnel we have shepherding in this kind of change. In my life prior to being elected, I was employed at CFB Trenton. I had the chance to sit in and listen to a town hall held by General Carignan. She said unequivocally exactly what the member opposite was saying: We are making change and we mean what we say.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:50 p.m.

Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Mr. Speaker, earlier, I asked my colleague whether anything would be done to address the needs of people with post-traumatic stress or people who have been the victims of physical harm. Obviously, she told me that there definitely would be.

How is my colleague going to manage things with an upcoming 5% increase in defence spending and only a few days left to check and see whether funds will also be available for prevention and treatment? What is he going to do to ensure that funding is made available for that purpose?

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:50 p.m.

Liberal

Chris Malette Liberal Bay of Quinte, ON

Mr. Speaker, we are very committed in the new funding for our Canadian Armed Forces to providing services for veterans with PTSD. In fact, in my own riding office, I employ a veteran who looks specifically after the needs of members who serve and have served, current and past. We are addressing those needs directly and immediately. We take this very seriously.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:50 p.m.

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, Madam Arbour had 48 recommendations in total. Many of those recommendations have already been put in place. We are hoping to see the others passed this year. We hear criticism about why it is taking this long. It is important to recognize that in 2021, we received the interim report, and within the year, we were already seeing cases being shuffled over through the civil system. The legislation we are debating today would put the process into law.

I wonder if the member could provide his thoughts on that. Would it not be nice to see the law in place before the end of the year so that we can say all 48 recommendations have been adhered to by—

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:50 p.m.

The Assistant Deputy Speaker John Nater

The hon. member for Bay of Quinte.

Military Justice System Modernization ActGovernment Orders

October 6th, 2025 / 12:50 p.m.

Liberal

Chris Malette Liberal Bay of Quinte, ON

Mr. Speaker, I had the occasion in my previous life as a journalist to cover sexual assault trials in the court martial system, and I can tell my colleague that while the system was efficient and got the job done, it was in no way, shape or form the proper system whereby the victim had all the protections of a civil case. The legislation before us is guaranteed to right that wrong. We have listened and we will get the job done.