Evidence of meeting #10 for National Defence in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was police.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

David McGuinty  Minister of National Defence
Gravel  Chief Operating Officer, Sexual Misconduct Support and Resource Centre, Department of National Defence
Rob Holman  Judge Advocate General, Canadian Armed Forces, Department of National Defence
Paul Prévost  Chief, Professional Conduct and Culture, Department of National Defence
Jennie Carignan  Chief of the Defence Staff, Canadian Armed Forces, Department of National Defence
Beck  Deputy Minister, Department of National Defence

LGen Paul Prévost

That's correct.

5:15 p.m.

Conservative

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Okay.

How will the Canadian Armed Forces maintain training and the ability to prosecute cases overseas if it has no way to practise it here, because of the reduced caseload as cases are being transferred to civilian court?

MGen Rob Holman

The director of military prosecutions has a very extensive training budget that can and will be used to have prosecutors undergo training. Also, similar to my response to one of your colleagues with respect to the military police, the opportunity exists to second military prosecutors outside the prosecution service.

Maybe the most important one, I would say, is that we have some very experienced reserve force prosecutors within the office of the director of military prosecutions whose full-time day job for the Ontario Crown, for example, is as sexual assault prosecutors. They are available both to prosecute and to train and mentor military prosecutors.

The Chair Liberal Charles Sousa

Thank you, Major-General.

Thank you, Mr. Kibble.

Jeff Kibble Conservative Cowichan—Malahat—Langford, BC

Thank you, Mr. Chair.

The Chair Liberal Charles Sousa

Mr. Watchorn, it's over to you. You have five minutes.

Tim Watchorn Liberal Les Pays-d'en-Haut, QC

Thank you, Mr. Chair.

This is for all the witnesses.

I'd like to put myself in the victim's shoes. I know it's not easy and every case is different, but I'd like you to tell me how the reporting process in Canada works, from start to finish. For example, how does a victim of sexual assault go about reporting the perpetrator to you?

Then, I'd like to know how Bill C‑11 improves each step in the reporting process.

Lgén Paul Prévost

The victim has a number of options for reporting what happened. If they trust their chain of command, they can report what happened to their chain of command. While victims are still reluctant to go through the system, our statistics show that, more and more, they are turning to their chain of command for those supports. Those who prefer to go through the Sexual Misconduct Support and Resource Centre have that option. We also have 16 support centres across Canadian bases, which can take complaints directly most of the time. Obviously, under Bill C‑11, if we are talking about a complaint under the Criminal Code, the victim will be supported in filing a complaint through the civilian system.

Tim Watchorn Liberal Les Pays-d'en-Haut, QC

I'd like to understand the liaison officer's role.

Mr. Gravel, can you explain how liaison officers work with victims and the courts?

5:20 p.m.

Chief Operating Officer, Sexual Misconduct Support and Resource Centre, Department of National Defence

Martin Gravel

I will let my colleague talk about liaison officers specifically. What I can tell you is that, when a victim contacts the Sexual Misconduct Support and Resource Centre about an incident, we start by providing them with the tools they need to make the best possible decision for them. The goal is to describe what the options look like, so they can choose the one that works best for them. One of those options is to be represented by a liaison officer.

I'm not sure whether General Prévost wishes to add anything about liaison officers.

LGen Paul Prévost

As I told your colleague, the Canadian Armed Forces has 136 liaison officers, and they have provided support to members in 37 sexual misconduct cases in recent years. They are very well trained, and their approach is victim-centred and trauma-informed. The purpose of the program is to guide victims through the military justice system.

Obviously, under Bill C‑11, sexual criminal offences will be referred to the civilian justice system. We are in the midst of looking at what we want to do with the liaison officer program. It's important to note that our liaison officers are trained for the military justice system, which is not the same as the civilian system. Do we simply move them over, since the civilian system also has liaison officers who provide support to victims? We are looking at that right now.

Tim Watchorn Liberal Les Pays-d'en-Haut, QC

Thank you very much.

LGen Paul Prévost

May I add something?

Tim Watchorn Liberal Les Pays-d'en-Haut, QC

Yes, go ahead.

LGen Paul Prévost

The liaison officer program is available to victims, but what Bill C‑11 does is open the program up to those who are appointed by victims to work with liaison officers.

Tim Watchorn Liberal Les Pays-d'en-Haut, QC

That means that the victim can appoint a family member, friend or someone else to work with the liaison officer.

The bill is said to include structural reforms when it comes to hearings. Are there changes to hearing procedures that will ensure that victims are better informed and supported, and able to participate meaningfully in proceedings involving service offences?

MGen Rob Holman

I'm not quite sure I understand your question or the one Mr. Malette asked earlier, since hearings for sexual offences are conducted under the civilian justice system, not the military justice system.

One of the things the bill does is make clear to victims, complainants, which justice system or police service will carry out the investigation, but the hearing will be conducted solely under the civilian system.

Tim Watchorn Liberal Les Pays-d'en-Haut, QC

That's exactly the answer I was looking for. Thank you very much.

Thank you, Mr. Chair.

The Chair Liberal Charles Sousa

Thank you.

Mr. Bezan, you have five minutes.

5:20 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Thank you again to all the witnesses for being here. Thank you for your service to Canada.

Lieutenant-General Prévost, I understand that you, as the chief of professional conduct and culture, have a stakeholder group you consult with from time to time, made up of veterans and civilians. Did you consult with them on Bill C-11?

LGen Paul Prévost

I did not consult with them on Bill C-11. I was not involved in Bill C-66 at the time, but Justice Arbour spoke extensively with victims. As Bill C-66 was crafted, victims were consulted.

5:25 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Thank you.

The minister said he had no clue why he was given the power to intervene on cases and give ministerial direction. That is a power that lies right now with the JAG. As the JAG, you're losing oversight. You will no longer have the director of military prosecutions reporting to you, since they'll be reporting to the minister. You'll no longer have the director of defence counsel services reporting to you, since they'll be reporting to the minister. You're losing the power to give direction on prosecutions.

The minister said he doesn't know why he's been given these powers. I'd like to get an idea of where this is coming from.

MGen Rob Holman

To start with, both the DMP and the DDCS will remain under the JAG's general supervision and will be subject to general instructions with respect to how they carry out their duties and functions.

The change that's being made is with respect to the director of military prosecutions, so the minister will have the authority to give case-specific instructions to the DMP. That was a recommendation of Justice Fish, who drew the analogy of the director of public prosecutions with the Public Prosecution Service of Canada and the Attorney General. Effectively, the minister now sits in the role of the Attorney General with respect to giving case-specific instructions.

As is currently the case with the JAG, any specific instructions given by the minister are presumptively public, so there would be transparency, as there would be in the event I ever use the authority to make those instructions.

5:25 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

I'm flipping through Bill C-11. We talked about the civilian courts and the police agencies potentially collecting evidence or getting it from the military police. I don't see in Bill C-11 where access is granted to municipal police agencies, provincial police departments or even the RCMP.

Do they get access to bases under the National Defence Act today, or do they have to get permission?

MGen Rob Holman

They do now. They are given access when they need it to conduct investigations today, and that access would continue.