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.

Business of the House

[Steven MacKinnon, Liberal, Minister of Transport and Leader of the Government in the House of Commons]

Mr. Speaker, we are approaching the two constituency work weeks that my hon. friend described. Every good season must end with a cliffhanger. That is why the member will have to come back, to stay tuned, and we will have legislative plans on a number of things that will respond urgently to the needs and desires of Canadians as we conclude the spring session of Parliament.

For the time being, here is the schedule. Tomorrow, we will move on to the third reading of Bill C-11, the military justice system modernization act.

When the House resumes on Monday, May 25, we will continue second reading debate on Bill C-30, the spring economic update 2026 implementation act.

Tuesday and Thursday will be allotted days.

On Wednesday, we will start second reading debate of Bill C-31, the budget 2025 implementation act, no. 2, which was introduced yesterday.

Finally, pursuant to Standing Order 81(4)(a), I would like to designate Tuesday, May 26, for consideration in a committee of the whole of the main estimates for the Department of Finance.

Furthermore, debate on the main estimates for the Department of Citizenship and Immigration will take place on the evening of Thursday, May 28.

National Defence

[David McGuinty, Liberal, Minister of National Defence]

Mr. Speaker, I thank the member for her passionate work behind the bill. Delivering culture change in the Canadian Armed Forces is not only the right thing to do, but it is critical for the operational needs for national security. That is why we introduced Bill C-11. It is to codify in law key recommendations from two comprehensive external reports. I can confirm that we are open to amendment in the Senate to include the sunset clause that would strengthen the bill.

[Anita Vandenbeld, Liberal, Ottawa West—Nepean, ON]

Mr. Speaker, during committee testimony on Bill C-11, we heard from many survivors about concerns with the transfer of cases from the military system to the civilian court system.

Would the Minister of National Defence tell the House whether he would be supportive if the Senate were to amend Bill C-11 to include the sunset clause as passed at the committee stage?

Bill C-11—Time Allocation Motion

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, maybe in conclusion I could remind the member that the chief of the defence staff, in her previous position, spoke to 14,000 individuals. I am not sure where he is deriving his numbers from. As a result of that as well, Madam Justice Arbour actually conducted one of the deepest commissions of inquiry in this whole area.

The member knows better than to hurl this kind of invective. It is not like him. As a result of that, I think what we should do is remind ourselves that this is about enhancing trust. That is what Bill C-11 will do and that is why we are moving forward.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, bringing about a cultural shift is not only the right thing to do; it is also essential to meeting our operational needs in the area of national security. This is not at all a partisan issue, and the member knows it.

We introduced Bill C-11 to enshrine the main recommendations of Justices Arbour and Fish in the legislation and to restore victims' and survivors' confidence in the armed forces. Justice Arbour's fifth recommendation involves removing the Canadian Armed Forces' jurisdiction over the investigation and prosecution of Criminal Code sexual offences. That is exactly what we have proposed and that is exactly what we we are doing. We hope to have our colleagues' support.

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

Mr. Speaker, the Minister of National Defence admitted at committee that he took an old bill, Bill C-66, and brought it back to the current Parliament as Bill C-11. He never talked to anybody in the veterans community. He did not reach out and talk to members in the justice system within CAF. He never talked to anyone at the provincial level about the problems they are having in carrying on these prosecutions.

If he had listened to veterans, and read the testimony that appeared in committee, they would have told him that they do not have faith in the civilian system, especially for low-level sexual misconduct; that they are going to be dismissed; and that there is then no recourse within the military system for any sort of administrative or disciplinary measures against those offenders. If he had been listening, he would have heard from police stations and police organizations across the country, as well as lawyers, saying to give victims the choice, so that they could choose which system they believe they are most comfortable in, whether it was the military system or the civilian system.

If he listened to his own members of the Canadian Armed Forces, like the director of military prosecutions, like the director of defence counsel services, like the provost marshal general of the Canadian Armed Forces, they would have told him that they are all now at a better place, five years since the Arbour report, to actually bring in the changes that are needed to do what is right.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, I have had the chance to visit Cold Lake. The member has voted against every military investment, including $4 billion for that base. She has had a chance.

Bill C-11 would bolster trust in the military justice system by providing, as I said, legal clarity, as recommended by Justice Arbour. It would enhance the independence of key military justice actors, as recommended by former Justice Fish. For example, by elevating positions of key military justice actors to Governor in Council appointees, we would insulate them from real or perceived influence from the chain of command.

The brave women and men of the Canadian Armed Forces are always there to keep Canada safe. It is our obligation, all of us in this House, to keep them safe from harassment and misconduct.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, after a year-long review of DND and CAF, Justice Arbour said this: “the handling of sexual misconduct by military justice has eroded trust and morale” among the organization. She recommended in recommendation five that the civilian system be given exclusive jurisdiction. We agree.

Bill C-11 would address her recommendation five, that Criminal Code sexual offences alleged against CAF members in Canada should be investigated and prosecuted exclusively in the civilian system. Military justice experts tell us this would provide greater legal clarity, greater legal certainty, to all actors in the justice system and would better serve victims and survivors.

My colleague is right. We have to get this done on behalf of the women and men of the Canadian Armed Forces.

[Maxime Blanchette-Joncas, Bloc, Rimouski—La Matapédia, QC]

Mr. Speaker, Bill C-11 is a concrete example of the Liberal government's lack of leadership. The Liberals have been in power for 10 years and, what is more, held a majority from 2015 to 2019. However, they waited for a public scandal before reforming the military justice system. Justice Arbour's report showed that the system was failing to protect victims.

I have a simple question for my colleague. Why did they wait for a public scandal before taking action?

[David McGuinty, Liberal, Minister of National Defence]

Mr. Speaker, let me begin by thanking my colleagues for being here to debate this important issue. I would remind the member across the floor that for 10 years Mr. Harper did nothing about this issue. The Conservatives did not bring a single proposed legislative amendment or change to the whole question of this regime.

What we have decided is that delivering culture change is not only the right thing to do, but it is critical for our operational needs for national security. It is not a partisan issue, as hard as he would like to make it so. My colleague does not recall that we introduced Bill C-11 to codify in law key recommendations from two distinguished judges of the Supreme Court, justices Arbour and Fish, and to rebuild victims' and survivors' trust in the Canadian Armed Forces.

Most importantly, Justice Arbour's fifth recommendation calls for the removal of Canadian Armed Forces jurisdiction to investigate and prosecute Criminal Code sexual offences. Through Bill C-11, we would be implementing this recommendation exactly as we promised. What we heard from former Supreme Court justices Fish and Arbour, as well as from the chief of the defence staff, military justice experts, victims and survivors, is that these changes are long overdue.

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

Mr. Speaker, it is disgusting to see the government actually using closure to shut down debate on such a serious issue, sexual misconduct within the Canadian Armed Forces. It is disgusting that it is taking away the voice of veterans, of people who are surviving military sexual trauma, and not listening to the amendments being brought forward on Bill C-11.

I do not know why the government is in a hurry on this. We brought it through committee in a relatively organized manner. We had cross-party support from the Bloc, the Conservatives and the NDP to make amendments based on the testimony we heard at committee, and now the government wants to ignore all that, shut down debate and use its sneaky majority to stifle democracy right here.

Why is the minister ignoring veterans and survivors of military sexual trauma and not making sure they have a choice in what justice system they want to use, whether it is the military justice system or the civilian system?

Bill C-11—Notice of Time Allocation Motion

[Stephen Fuhr, Liberal, Secretary of State (Defence Procurement)]

Mr. Speaker, unfortunately, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the report stage and third reading stage of Bill C-11, an act to amend the National Defence Act and other acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of the proceedings at the respective stages of said bill.

Business of the House

[Steven MacKinnon, Liberal, Minister of Transport and Leader of the Government in the House of Commons]

Mr. Speaker, people watching at home know that Conservative Party members asked literally the exact same question about 32 or 33 times today, written by their leader and handed to them. They were instructed to simply repeat what their leader says. I think that anyone who works as hard as we do to get into the House of Commons should be able to expect more than simply reading the Leader of the Opposition's cue cards.

Of course, we will continue to work with the opposition, and with all members of the House, in the most transparent and open manner possible to advance the issues that matter most to Canadians.

This afternoon, we will continue our consideration of the Conservative Party's opposition day motion. Tomorrow, we will begin second reading debate of Bill C-30, the spring economic update 2026 implementation act, which contains a lot of good news for Canadians. On Monday, we will resume consideration at report stage of Bill C-11, the military justice system modernization act.

On Wednesday of next week, we shall return to second reading debate of Bill C-30, the spring economic update 2026 implementation act, and all of its good news for Canadians.

Finally, Tuesday and Thursday of next week shall be allotted days.

Government Business No. 9—Changes to the Standing Orders

[Cheryl Gallant, Conservative, Algonquin—Renfrew—Pembroke, ON]

Mr. Speaker, we saw in Bill C‑11, the military justice system modernization act, that even though the committee had unanimous agreement on amendments, when it came to report stage the amendments were all stripped out.

The government is already all-powerful in here, in what it wants to get done. What other aspects of committees will the government now control, besides amendments and the other things we do in committee, for example, scrutinizing bills?

Canadian Armed Forces

[Jeff Kibble, Conservative, Cowichan—Malahat—Langford, BC]

Mr. Speaker, the Liberals have signalled their intent to remove collaborative amendments to Bill C‑11 dealing with military sexual assault, amendments that survivors asked for and experts supported overwhelmingly. The Liberals are about to single-handedly undo decades of progress in military conduct. They would make things worse than we can imagine.

At the heart of the debate is something very simple: giving survivors the choice between the civilian and the military justice systems. If the government removes these amendments, survivors would have access only to the civilian justice system. The consequences would be immediate and unavoidable. There would be institutional trauma and revictimization among survivors who trusted us to listen. Going forward, a majority of military sexual assault cases would go unaddressed or untried. Civilian police forces would be handed cases they have repeatedly said they cannot absorb, and worse, the majority of cases would not meet the threshold for prosecution by civilian authorities.

The Liberals would be opening the door to predators, abandoning survivors of military sexual assault and deceiving Canadians into believing they care about victims. It is shameful.