Evidence of meeting #136 for National Defence in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was women.
A recording is available from Parliament.
4:30 p.m.
Liberal
4:30 p.m.
Liberal
The Chair Liberal Stephen Fuhr
We're out of time. There might be an opportunity to circle back on that later on.
I'm going to yield the floor to MP Gallant.
April 11th, 2019 / 4:30 p.m.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
What is the current diversity makeup—female, visible minority and first nations—of the Canadian Armed Forces military police?
4:30 p.m.
LGen Paul Wynnyk
Once again, I would have to take that on notice. I don't have that at hand. I have those statistics for the Canadian Armed Forces writ large, but we don't have that on hand for a specific branch, core or regiment. I'd have to go back.
4:30 p.m.
Conservative
4:30 p.m.
LGen Paul Wynnyk
Well, it's the same thing; that's a specific branch. Like I said, all we have available right now is that—
4:30 p.m.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
What is it for the investigative services branch?
4:30 p.m.
LGen Paul Wynnyk
I can't answer that question.
4:30 p.m.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
Okay.
What kind of training are the military police and the investigative services given in regard to investigating crimes related to inappropriate sexual behaviour? Are they given any special training by the RCMP or police services to investigate crimes of a sexual nature?
4:35 p.m.
LGen Paul Wynnyk
Absolutely. There are now six dedicated teams in the Canadian Forces provost marshal's branch that have training in the investigation of sexual misconduct. Military police, writ large, are, as part of their training, given more emphasis on dealing with sexual misconduct and, in particular, providing that initial support to victims. In some cases, it's the military police that are first advised and first come in contact. A lot of emphasis has been put on that recently.
A lot of good lessons have been learned. Many of our military police have gone on courses. I know there's a bespoke course down in the United States with the United States military police. I think it's on the army side, and we're loading people on that course.
4:35 p.m.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
What is the process to decide whether crimes committed within the Canadian Armed Forces go to JAG or the civil court system? Is there a separate system for crimes of a sexual nature, for sexual assault?
4:35 p.m.
LGen Paul Wynnyk
Once again, it would depend on the nature of the particular offence or the particular crime. If it's a Criminal Code offence, that would be handled externally. It would depend on the circumstances as you go forward.
4:35 p.m.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
If it was a sexual assault and criminal offence, whose choice would it be? Would it be the victim's choice or the alleged perpetrator's choice as to whether it would be done in civilian court or through the court-martial system?
4:35 p.m.
LGen Paul Wynnyk
It would be the victim's choice. Well, the victim would report it, but once it's reported, I think that it depends on the nature of the defence.
Dr. Preston.
4:35 p.m.
Executive Director, Sexual Misconduct Response Centre, Department of National Defence
Yes, I could clarify.
When a sexual offence occurs, there are a variety of factors that determine which police agency has jurisdiction. For example, if the offence took place in a civilian establishment, typically it would be the civilian police who are called, whereas if it happened at a military establishment, it would be the military police who are called. That would be one factor that impacts jurisdiction.
Certainly, the victim's wishes are taken into consideration in terms of where the charges end up being laid, but it's actually the prosecution who has the final decision-making authority as to where the case is going to be addressed.
4:35 p.m.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
In a situation where the perpetrator admits it, and then the victim is hauled away to a separate unit and told that the perpetrator is being dishonourably discharged, and it turns out that he's not, and then the individual decides that maybe they can't get any real justice within the military justice system, how does that individual get the case switched from the military system over to the civilian system?
4:35 p.m.
Executive Director, Sexual Misconduct Response Centre, Department of National Defence
As I said, the victim's views are taken into consideration and so are the circumstances of the case, as well as where it happened, but it ultimately is the prosecutor's decision as to whether it's military or civilian. Sometimes cases are charged by the civilian police, and the civilian prosecutors choose not to prosecute. Those cases might get transferred to the military.
4:35 p.m.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
Okay. Some of the cases are referred to you. You receive reports. Do you receive reports of all the sexual assaults? What kinds of reports do you receive?
4:35 p.m.
Executive Director, Sexual Misconduct Response Centre, Department of National Defence
We don't. When I say that we receive reports, I mean that we have a military police officer embedded in our centre who is able to take official reports if people who contact us are willing to make official reports.
4:35 p.m.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
Is it required for somebody who calls your centre as a victim to state their name?
4:35 p.m.
Executive Director, Sexual Misconduct Response Centre, Department of National Defence
No, it is not. We work with people confidentially, as well as anonymously. There's no requirement for them to provide any identifying information.
4:35 p.m.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
Actually, it wasn't; it was four minutes.
4:35 p.m.
Liberal
The Chair Liberal Stephen Fuhr
The clerk is timing it. It's five minutes, but there will be extra time.
