Mr. Chair and committee members, let me open by thanking the members of the committee for giving me the honour of appearing once again before you on a matter that has been of continuing interest to me as someone who served in the armed forces for 34 years before becoming a lawyer, an author and a law professor specializing in Canadian military law.
As many of you probably know, I have long advocated for the very changes proposed by this legislation. I am, therefore, pleased to note my high level of satisfaction with the contents of Bill C-11 in transferring the jurisdiction over sexual offences in Canada to civilian courts, which mirrors the text of Bill C-66, which was tabled in a previous Parliament. To that end, permit me to congratulate the Minister of National Defence, the Hon. David McGuinty, as well as his predecessor, for tabling this much-awaited legislative reform. Overall, therefore, I accept and support the provisions of Bill C-11 in their entirety.
Also, in preparation for my testimony here this morning, I have listened to the testimonies provided during meeting number 10, which took place on October 27, by the Minister of National Defence, the deputy minister, the chief of the defence staff and other officials. Following this discussion, I apprehend that, at the end of the day, there will be a lack of legislative direction to the exact procedure to be followed by the Canadian Forces in cases of sexual offences committed by Canadian Armed Forces personnel taking place outside of Canada’s territorial boundaries.
Obviously, such a significant regulatory gap cannot be corrected by Bill C-11. However, given the multiplicity of scenarios in which sexual offences by armed forces personnel can take place in international waters, in a foreign country’s port or during operational deployment in foreign lands, in my opinion there is a need to provide clear legislative direction as to who will investigate and prosecute sexual crimes taking place on aircraft in flight, on vessels sailing beyond Canada’s borders and in army units in formation deployed in foreign lands.
In the absence of such legislation, sexual crimes committed abroad by Canadian Forces personnel may continue to be investigated and, perhaps, prosecuted by the military justice system, which has already been found to be seriously deficient in this specific area by several independent reviews.
Thank you, Mr. Chair and members, for listening. I look forward to your questions.