Military Justice System Modernization Act

An Act to amend the National Defence Act and other Acts

Sponsor

David McGuinty  Liberal

Status

Third reading (House), as of May 8, 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)

Votes

May 5, 2026 Passed Concurrence at report stage of Bill C-11, An Act to amend the National Defence Act and other Acts
May 5, 2026 Failed Bill C-11, An Act to amend the National Defence Act and other Acts (report stage amendment) (Motion No. 9)
May 5, 2026 Passed Bill C-11, An Act to amend the National Defence Act and other Acts (report stage amendment) (Motion No. 6)
May 5, 2026 Passed Bill C-11, An Act to amend the National Defence Act and other Acts (report stage amendment) (Motion No. 5)
May 5, 2026 Failed Bill C-11, An Act to amend the National Defence Act and other Acts (report stage amendment) (Motion No. 4)
May 5, 2026 Passed Bill C-11, An Act to amend the National Defence Act and other Acts (report stage amendment) (Motion No. 3)
May 5, 2026 Failed Bill C-11, An Act to amend the National Defence Act and other Acts (report stage amendment) (Motion No. 2)
May 5, 2026 Failed Bill C-11, An Act to amend the National Defence Act and other Acts (report stage amendment) (Motion No. 1)
May 4, 2026 Passed Time allocation for Bill C-11, An Act to amend the National Defence Act and other Acts

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 aims to modernize Canada’s military justice system by transferring jurisdiction over Criminal Code sexual offences committed in Canada to civilian authorities. The legislation also updates appointment processes for senior military legal officials, implementing recommendations from independent reviews to improve accountability and workplace safety.

Liberal

  • Transfer of sexual offence jurisdiction: The bill removes Canadian Armed Forces jurisdiction over Criminal Code sexual offences committed in Canada. It transfers exclusive responsibility for investigation and prosecution to civilian authorities to improve fairness and safety for personnel.
  • Implementation of expert recommendations: Passing the bill would fulfill the final recommendations of former Supreme Court justices Arbour and Fish. These changes modernize the military justice system, aiming to foster a healthy workplace culture and maintain public trust.
  • Reform of military appointments: The bill modifies appointment processes for key military justice roles, making them Governor in Council appointees with non-renewable terms. This ensures greater independence and transparency for the director of military prosecutions and other senior officials.
  • Victim support and recruitment: The proposal expands access to victim liaison officers and aligns publication bans with the Criminal Code. By improving support and accountability, the government aims to sustain record-high recruitment and better reflect Canadian values.

Conservative

  • Preserving victim choice: The party opposes the bill because it removes a victim's right to choose between the military and civilian justice systems, which survivors and experts argue is essential for maintaining agency and seeking proper justice.
  • Civilian system capacity issues: Members contend that civilian courts and police forces lack the resources and military context required to effectively prosecute sexual misconduct cases, risking higher rates of dropped charges and delayed justice for survivors.
  • Restoration of committee amendments: The party criticizes the government for gutting committee-approved amendments, such as a sunset clause, which were developed through cross-party collaboration to ensure the legislation remained effective and responsive to expert testimony.
  • Accountability and leadership concerns: Conservatives worry that mandatory transfers will allow military leadership to evade responsibility for culture change and could lead to reduced reporting of misconduct that the military system is uniquely equipped to investigate and discipline.

Bloc

  • Supports Bill C-11: The party supports the bill as essential for protecting victims and maintaining a safe work environment within the Canadian Armed Forces, asserting that a strong army is a foundation of democracy.
  • Advocates for victim choice: The Bloc emphasizes that victims of sexual offences should have the autonomy to choose whether their cases are handled in civilian or military courts, a provision they successfully negotiated before it was later removed.
  • Criticizes removal of amendments: Members condemn the government for using its majority to reject previously negotiated, non-partisan amendments, such as plans for an inspector general for sexual misconduct and reforms to ensure the independence of military judges.
  • Implementation of judicial recommendations: The party favors implementing recommendations from former justices Arbour and Fish, including removing military jurisdiction over Criminal Code sexual offences and reforming the appointment process for key military judicial authorities.
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Military Justice System Modernization ActGovernment Orders

May 8th, 2026 / 1:15 p.m.

The Assistant Deputy Speaker John Nater

Is it agreed?

Military Justice System Modernization ActGovernment Orders

May 8th, 2026 / 1:15 p.m.

Some hon. members

Agreed.