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

David McGuinty Liberal Ottawa South, ON

Yes, training will be available and funds will be invested. Transferring the responsibility for these investigations to other authorities in Canada will indeed free up our military police. They will have more time and energy to focus on investigating cases outside the country. Based on the numbers I've seen, there have been very few of these cases over the years.

The judge advocate general could certainly give you more details on that.

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

Thank you very much.

Mr. Holman, would you like to answer?

MGen Rob Holman

It's not just about training. We can also look at career experiences. Let's take for example medical professionals, trauma surgeons. They need to practise so they don't lose their skills. That way, they can use their expertise during deployments, if needed.

The provost marshal can make arrangements with civilian police forces to have military police investigators work on cases with their civilian counterparts so they don't lose their skills.

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

That's excellent.

Bill C‑11 addresses the legislative recommendations made by Ms. Arbour. She made 48 recommendations, and, if I'm not mistaken, the Canadian Armed Forces have implemented 30 of them, so congratulations. This means there are 18 left, and we were told that they should be implemented by the end of the year.

I'd like to hear the witnesses' comments on the 18 recommendations still to be implemented. Which ones will be prioritized over the next few months?

Lieutenant-General Paul Prévost Chief, Professional Conduct and Culture, Department of National Defence

You are right. By the end of this year, all of Judge Arbour's 48 recommendations should be implemented.

I can't tell you exactly how many of Judge Arbour's 114 recommendations still need to be implemented or how much work still needs to be done, but I can keep you up to date on the progress relating to the implementation of those 48 recommendations. We're evaluating how much work still needs to be done by the end of the year.

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

Can you think of one or two recommendations that will be prioritized over the next few months?

LGen Paul Prévost

Ms. Arbour's fifth recommendation is the priority. That's the one that led to what we are talking about today. If the bill is passed, then all of Ms. Arbour's recommendations will be considered implemented.

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

I have one last question for you.

Canadian Armed Forces members have been waiting for these changes to the military justice system, and the transfer of sexual abuse and violence cases to civilian authorities. Those cases affect women especially. Why should the swift passage of this bill be a priority for the government?

David McGuinty Liberal Ottawa South, ON

It should be a priority for every political party, committee member and MP, as well as every Canadian Armed Forces member.

It is unacceptable for people to worry about what will happen to them at work, just as it is unacceptable not to have somewhere to turn if something happens. That's precisely why we want to implement these changes as soon as possible. I've already said that we're open to recommendations that would improve the bill. Other than the legislative changes, a lot of work has gone into improving the system, so that's encouraging.

We don't have a choice. The country needs a dependable and high-performing armed forces where members can trust the system they work in. I visit universities and colleges and talk to young men and women who would like to join the Canadian Armed Forces. We have to be able to look them in the eye, especially young women, and tell them that we have a well-run and transparent system they can trust to help them when problems arise.

Let's not forget that we've been asking Canadians lately to fully support the Canadian Armed Forces. We're investing a lot in our armed forces, and Canadians want to know that the organization is well run and that we're working to solve the issues that have been going on.

The Chair Liberal Charles Sousa

Thank you, Minister.

Thank you, Tim Watchorn.

I will now pass it over to Mr. Anderson.

You have five minutes.

4:25 p.m.

Conservative

Scott Anderson Conservative Vernon—Lake Country—Monashee, BC

Thank you.

Many victims don't report instances of sexual assault, to protect themselves. What does this bill do to alleviate that?

David McGuinty Liberal Ottawa South, ON

We hope the bill will add to the changes, Mr. Anderson, that we made inside the department to give victims confidence that they can trust the system, that they'll be protected, that there's a transparent pathway, and that it's serious.

4:25 p.m.

Conservative

Scott Anderson Conservative Vernon—Lake Country—Monashee, BC

With cases going to civilian courts, what safeguards would this bill have to ensure that media reporting on the situation does not present an opportunity to dismiss important evidence at trial?

David McGuinty Liberal Ottawa South, ON

I'm not sure if I foresee that in terms of the role and what might occur.

I don't know if our JAG can give me one or two lines on that.

MGen Rob Holman

So—

4:25 p.m.

Conservative

Scott Anderson Conservative Vernon—Lake Country—Monashee, BC

I can ask for it.

David McGuinty Liberal Ottawa South, ON

I appreciate it. Thank you.

I don't contemplate that, frankly. It may be. I don't know. We'll see what happens with the transfer system. However, remember also that Crowns and defence attorneys can ask for publication bans. It's a part of the criminal system.

4:25 p.m.

Conservative

Scott Anderson Conservative Vernon—Lake Country—Monashee, BC

Okay.

Bill C-11 indicates that sexual offences will be transferred to civilian court. Will those offences be tried under the Criminal Code or under the Code of Service Discipline?

David McGuinty Liberal Ottawa South, ON

My understanding is that they'll be under the Criminal Code, just as with any other Canadian who has a case to bring. It will be investigated as such.

4:25 p.m.

Conservative

Scott Anderson Conservative Vernon—Lake Country—Monashee, BC

They'll be under the Criminal Code. Okay, there won't be any overlap, then.

David McGuinty Liberal Ottawa South, ON

No.

4:25 p.m.

Conservative

Scott Anderson Conservative Vernon—Lake Country—Monashee, BC

Will all sexual offences be transferred to civilian court, or just some?

David McGuinty Liberal Ottawa South, ON

All Criminal Code sexual offences will be transferred.

Scott Anderson Conservative Vernon—Lake Country—Monashee, BC

That's regardless of seriousness.

David McGuinty Liberal Ottawa South, ON

It's all Criminal Code sexual offences.