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

[The Assistant Deputy Speaker, John Nater]

Order, please.

I remind the member to go through the Chair.

Questions and comments, the hon. member for Joliette—Manawan.

[Gabriel Ste-Marie, Bloc, Joliette—Manawan, QC]

Mr. Speaker, I would like to ask my colleague whether such an amendment should have been made years ago. Various allegations were made, but little action followed, and the previous government did not really make a proactive effort to respond to these allegations.

[Fraser Tolmie, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Mr. Speaker, I have worked with the Bloc at the veterans affairs committee, and we have seen nothing but time-wasting by the Liberal Party rather than actually doing anything solid for our veterans. It is shameful. I have seen a vet from Quebec come to the veterans affairs committee with a suitcase of claims that have never been addressed. That is exactly what the Liberal Party has: suitcases of claims with nothing done. It is a shame.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, I want to thank our hon. colleague for his service to our country. I know this member very well, and I know this is near and dear to him because of the time he served on the committee. He listened to the testimonies of the victims, as I have. Our hon. colleague Is a veteran, a committee member and a friend and colleague to some of these victims; I want to know just how important this is to him, his friends and his former colleagues.

[Fraser Tolmie, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Mr. Speaker, I have probably been a little heated in some of my responses today because I am passionate. I am passionate about the military. I am passionate about how it has been neglected, and we need to actually support our military and properly equip it. I am also passionate about our veterans, who need proper care. They have served and have been willing to put their lives on the line. I want to be clear: As a vet, I was never in a position to put my life on the line when I was serving. I served on a small scale, but, honestly, I know people who have put their lives on the line, and they deserve better.

[Jill McKnight, Liberal, Minister of Veterans Affairs and Associate Minister of National Defence]

Mr. Speaker, I will be sharing my time with the member for Rivière-du-Nord. I am still learning French, so I will give my comments in English.

I wish to acknowledge my colleague for his service and thank him for his service to Canada.

On June 13, as the newly appointed Minister of Veterans Affairs and Associate Minister of National Defence, I had the profound honour of meeting a delegation of remarkable women veterans. They shared with me deeply personal stories of service, strength and the unique challenges they have faced as women veterans. Their voices were clear: Women veterans want to be recognized not only for their service but also for the distinct barriers they continue to face in access to care and support. They spoke of the power of peer connection, the need for trauma-informed systems and their steadfast hope that the Canadian Armed Forces and Veterans Affairs Canada will continue to evolve and grow in their supports for women. Their courage, advocacy and vision have shaped my conviction and are the reason I rise to speak today to underscore the importance of Bill C-11, the military justice system modernization act.

This legislation would be a significant step forward in addressing a deeply troubling aspect of military service, which is military sexual trauma, also known as MST. MST is a serious concern, with one in four women in our Armed Forces having experienced it in some form. It encompasses sexual harassment, assault and other forms of sexual violence that occur during military service. Trauma from these experiences can have lasting and devastating effects on our CAF members and veterans. It affects their short- and long-term mental health, their emotional well-being, personal relationships and overall quality of life.

To fully understand the relevance of Bill C-11, it is important to first understand the connection between MST and post-traumatic stress disorder. Research has demonstrated that women in service, who are more likely to experience MST, are disproportionately affected by PTSD. The trauma from such experiences, including MST, often leads to a range of challenges, including but not limited to depression, anxiety and other mental health concerns. Veterans Affairs Canada recognizes that PTSD is not just a personal issue. It is a systemic one that has affected many people who have dedicated their lives to serving our country. Additionally, the effects of MST extend beyond the individual, impacting their families, relationships and communities. It can also lead to significant barriers in accessing the support and services they need. As a department committed to the well-being of our veterans, Veterans Affairs Canada understands the urgency of addressing these challenges comprehensively and effectively.

Upon the resumption of Parliament last month, I had a very informative and insightful conversation with Senator Rebecca Patterson, who is a veteran and a champion for members of the Canadian Armed Forces, veterans and their families. We discussed the complexities of MST and the urgent progress still needed.

Bill C-11 would recognize and respond to the unique needs of survivors of military sexual trauma. For too long, survivors of MST have faced insurmountable barriers to obtaining justice and holding perpetrators accountable for their actions. We need to improve transparency and accountability within the military justice system and provide a mechanism for survivors to file complaints in a manner that respects their dignity and ensures their voices are heard. This bill would establish a clear framework for investigating and responding to allegations of sexual misconduct while also promoting an environment of accountability. In doing so, the bill would not only support survivors in their quest for justice, but also send a strong message that such behaviour will not be tolerated in the military.

Another pivotal element of Bill C-11 would be a much-needed culture change within the military and veteran communities. Addressing MST effectively requires a shift in attitudes and behaviours at all levels of the military establishment. It is essential that supports and services are both readily available and easily accessible to those who need them.

Equally important is ensuring that victims know where safe spaces exist for them to come forward to share their experiences. Veterans Affairs Canada recognizes that changing entrenched cultural norms is not easily achieved, but it remains essential for creating a safe and supportive environment for all service members.

Bill C-11's focus on prevention and cultural change is a proactive step toward ensuring that future generations of military personnel are protected from such trauma. By removing jurisdiction over sexual offences from the military chain of command, the bill could address the isolation, stigma and fear of reprisal that have silenced survivors for decades.

I extend my appreciation to my colleague the Minister of National Defence and his department for their leadership and diligence in putting forward this legislation. The collaboration between our departments has been pivotal in shaping a response to MST that is both comprehensive and compassionate.

Our government's commitment to improving the military justice system, strengthening support for survivors and fostering a culture of respect and accountability remains unwavering. Its proactive approach and dedication to this cause will be instrumental in the passage of Bill C-11.

Together, the minister and I, as well as our departments, are committed to ensuring the well-being of those who serve and have served our country. My department actively collaborates with the Department of National Defence's sexual misconduct support and resource centre to develop additional supports for individuals affected by military sexual trauma. The resource centre's peer support program is a critical initiative that offers compassionate, trauma-informed support to veterans who have experienced MST.

By connecting survivors with trained peers who understand their unique challenges, this program fosters healing, resilience and a renewed sense of community. It is a meaningful step toward ensuring that no veteran faces their recovery journey alone. In addition to the work within our government, we must also continue to build and strengthen partnerships with other organizations and stakeholders to ensure a coordinated and comprehensive approach. This includes collaborating with military leadership, advocacy groups, mental health professionals and survivors to create a support system that meaningfully improves outcomes.

While Bill C-11 represents a significant step forward, the work does not end here. We must remain vigilant in our efforts to support survivors, hold perpetrators accountable and promote a culture of respect and safety within the military and within veteran communities.

Veterans Affairs Canada is committed to continuing this work, ensuring that the provisions of Bill C-11 are implemented effectively, and that we remain responsive to the evolving needs of our veterans.

By passing Bill C-11, we would take an essential step toward addressing military sexual trauma with the urgency, care and compassion it merits. By working collaboratively with the Department of National Defence and other key partners, we will create a safer and more supportive environment for all those who have worn the uniform and ensure that their sacrifices are honoured by giving them the respect and care they deserve.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, I was going to ask a question about Bill C-11 today, but the minister brought up a number of points regarding veterans, Canadian Armed Forces members and personnel, their service and the PTSD related to their service.

In 2017, I passed a bill here in the House, Bill C-211, which made Canada the first country in the world to develop a national framework with respect to post-traumatic stress disorder. I had assistance from all sides of the House to do that. It has been eight years, and we have not received an update from any of the ministries responsible for that.

Would the minister commit to giving us an update on where they are with requirements that were laid out within Bill C-211, the legislation that passed in 2017, that deals specifically with post-traumatic stress disorder, our members and our veterans, through their service?

[Jill McKnight, Liberal, Delta, BC]

Mr. Speaker, Veterans Affairs Canada takes the mental health of our veterans and the supports for them very seriously, and it will continue to advance the opportunities that we have available to support them. That included bringing in access to mental health supports, which was available for a two-year period with no waiting period, so that we could ensure that veterans got the help and support they needed right away without waiting on paperwork.

I would be happy to follow up with my colleague to discuss other steps in the works right now.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, I thank my colleague for her speech and for offering to share her time with me.

That said, I would like to know whether she can tell us why roughly 10 years came and went between the day that Justice Marie Deschamps's first report was released and the day that this bill was tabled. We know that there was a number of earlier reports and bills, but it seems rather extreme to me that it should take 10 years to come up with a bill like this.

Can my colleague explain that time lapse?

[Jill McKnight, Liberal, Delta, BC]

Mr. Speaker, many things happened in the previous 10-year period, and I would concur that there is still more work to be done. Our government has accepted all of Justice Arbour's recommendations and intends to implement them.

In December 2022, the former minister of national defence presented a report to Parliament outlining the steps the government would take in response to each of the 48 recommendations, and we have been working on implementing them. Recommendation number five is the only recommendation that can exclusively be implemented through legislation, which is why it is the only Arbour recommendation addressed in this particular bill. The remaining 47 recommendations are being addressed through other means. We are taking steps to make the changes now, so we can improve the response for veterans.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, the minister referenced the 48 recommendations. We anticipate we will be able to complete 47 of those as early as before the end of this year. If we had a sense of co-operation in working with the opposition parties, we could pass Bill C-11, which would then mean we could hit the target of completing all 48 recommendations. Even though the bill puts it into law, I think it is important that we recognize that military sexual harassment is currently being deferred to the civilian court system. It is not that we are lagging behind, but this would allow us to put into law what is already, at least in part, being done.

[Jill McKnight, Liberal, Delta, BC]

Mr. Speaker, my colleague brings up an important point.

As was referenced in both his question and previous remarks, there is an opportunity, through the passage of Bill C-11, to be able to advance one of the recommendations, which then puts us on track to have all of the recommendations implemented by the end of this year. I think that is an incredibly important accomplishment that will move our ability to support our veterans and our service members forward in responding to military sexual trauma.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, Bill C‑11 gives us something we have been hoping for for a long time, namely an opportunity to improve the military justice system. Acts of sexual misconduct have been widely reported in the media over the past few years, severely affecting the reputation of the Canadian Armed Forces and its leaders. Although I have not been able to find data on this, it goes without saying that the situation has also likely severely affected recruitment efforts, as well as morale among female military members.

This bill is almost the same as Bill C‑66, which died on the Order Paper in January when Parliament was prorogued and later dissolved, leading to the election in April.

Several former justices of the Supreme Court of Canada have already studied the issue and made recommendations. First, there was the Hon. Justice Marie Deschamps, who tabled her report on March 27, 2015. That was over 10 years ago. Then there was the Hon. Morris J. Fish, who tabled his in June 2021. That was the third independent review. It contained 107 recommendations, including one to review the process for appointing three key positions in the military justice system: the provost marshal, the director of military prosecutions and the director of defence counsel services. I think everyone can agree that, in a justice system, the judge, the prosecutor and the defence attorney are pretty important.

Justice Fish proposed better safeguards to protect these individuals from any pressure they might have been subjected to by the military hierarchy. Bill C‑11 addresses that recommendation, and we think it is a wise decision. However, we must remain vigilant to ensure that politicians do not interfere in the justice process, which desperately needs reforms. We must not get to a point where we get rid of one form of interference in favour of another.

As has been mentioned several times in the House, the appointment process in our common law courts justice system is often manipulated. For one, we have often heard about the infamous “Liberalist”. I hope that the “Liberalist”, or the Conservative list, if they are elected in the next election, will not become the tool for appointing judges to the courts that will have to judge or act as prosecutors in cases of sexual assault in the military.

Prior to Justice Fish, in 2003, the late Right Hon. Antonio Lamer, a retired former chief justice, also submitted a report containing 88 recommendations. In 2012, the Hon. Patrick LeSage, former chief justice of the Ontario Superior Court, also submitted a report, which contained 55 recommendations. Finally, there was the Hon. Louise Arbour, former justice of the Supreme Court of Canada, who, after pointing out that the exercise had already been done, tabled her report in October 2025, more than 10 years after her colleague Justice Deschamps.

We in the Bloc Québécois believe that it is time to take action. We intend to support this bill and hope that it comes into force quickly so that we can have a military justice system that reflects Quebec and Canadian society.

In a recent media interview, the hon. Minister of National Defence said that victims need to have the confidence that the system is transparent and predictable and that they have the support that they need to come forward and to reveal what has happened to them. Not surprisingly, we agree. That is how it needs to be.

The armed forces as we knew them a century ago have given way to an army that is more open to the realities of our society. While the presence of women in the military was once an exception, even an anachronism, today it is the norm for about 15% to 20% of armed forces members. However, the organization of the armed forces has to adjust to this reality. Every member of our armed forces must feel comfortable and fully able to provide the services they are called upon to provide.

As I was saying, Bill C-11 will make it possible to modify the appointment process so it is no longer hierarchical. The following appointments will now be made by the governor general in council, at the recommendation of the Minister of Defence: the Canadian Forces provost marshal, the director of military prosecutions and the director of defence counsel services. As I was saying earlier, this was among Justice Fish's recommendations, which were made a long time ago. Now it is in Bill C‑11, which is a good thing.

Bill C‑11 also proposes to remove the military courts' jurisdiction to try individuals for Criminal Code sexual offences. This is very important.

Some troubling situations have surfaced in recent years. We need only think of the case of General Jonathan Vance. He had been the focus of allegations of sexual misconduct long before the Conservative government decided to appoint him chief of the defence staff in the summer of 2015. He was alleged to have committed sexual misconduct, but the Conservatives did not see that as a problem and appointed him chief of the defence staff anyway. That seemed rather odd to us.

Then, in the fall of 2015, Justin Trudeau's Liberal government came to power. That government also did not bother removing General Vance from his position or do anything at all to limit the problems of sexual misconduct. On the contrary, allegations of sexual misconduct have escalated since 2015.

I will not go so far as to name every single person who has been the subject of allegations of misconduct. As a lawyer, I am aware that allegations of misconduct do not necessarily result in a guilty verdict. These individuals must be presumed innocent. That is fine, but it is still problematic at the social level. Society sees that people who lead the Canadian Armed Forces are the subject of repeated allegations of sexual assault or misconduct. Despite this, they are kept in their positions or even promoted. It makes no sense. I hope that Bill C‑11 will enable us to move beyond that era.

The bill also removes the military's power to investigate. Yes, that is obviously needed. Members will agree that a military investigator whose boss is accused of sexual assault or sexual misconduct is in no position to conduct an impartial and effective investigation.

I also want to talk about the process for appointing military judges. The pool is being expanded. The idea is that the person closest in rank is not necessarily the person who should be appointed and that the person could come from any military rank. There are individuals who have undergone training their entire military careers and who may be qualified to be appointed as court martial judges. In many cases, they would probably be better suited to the job than the highest-ranking officer who wanted to do it. This group is going to be expanded. That is good news for us.

The group of people who can file complaints will also be expanded. That is more good news. We must help victims emerge from the shadows and leave behind the era when allegations of sexual misconduct undermined the credibility of our military forces and the lives of women who served in the armed forces. I thank these women for helping to change the hierarchy and the way the armed forces operate. This is the best news we have had in a long time.

[Greg Fergus, Liberal, Hull—Aylmer, QC]

Mr. Speaker, I thank my hon. colleague for his speech. We work together in committee, and because he is a lawyer, I greatly appreciate his thoughts on this bill.

I am very pleased to learn that the Bloc Québécois will support this bill so that we can pass it quickly. I think that is very important.

Toward the end of his speech, my colleague talked about the importance of giving military personnel, especially women, confidence that the system in which they can file a complaint will be neutral and independent of the military process.

I would like my colleague to elaborate on that.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, that is an excellent question.

I understand very well why female members of the armed forces may have been quite hesitant to file a complaint against a superior for sexual assault or misconduct. I would have been too, knowing that the person conducting the investigation is largely subject to the orders of that individual and that the judge who will handle the case is also a member of the same military hierarchy. That would be pretty awkward. Ethically, it is rather obscene. It is just not right.

This situation must change so that women can feel comfortable filing complaints if they need to. That does not mean that all complaints will be founded, but at least there will be a serious complaint process so that they can be judged impartially.