moved that Bill C-11, An Act to amend the National Defence Act and other Acts, be read the second time and referred to a committee.
Mr. Speaker, I would like to say good morning to colleagues and to the Canadians who are watching today's debate. I am pleased to rise to open second reading debate on Bill C-11, the military justice system modernization act.
As Canada's new government makes a generational investment in the Canadian Armed Forces, we know that any work to support our forces starts with our people. Simply put, this legislation is about the women and men of the Canadian Armed Forces, and it is about ensuring their safety.
The people of the Canadian Armed Forces are central to our activities, whether they defend our sovereignty at home, support our allies abroad or serve in wings and bases across Canada. Since taking on this role earlier this year, I have had the great privilege of meeting with hundreds of Canadian Armed Forces members across the country and abroad.
They are among the finest individuals one could meet, and as I am sure all parliamentarians are, I am deeply grateful for their steadfast dedication to Canada and Canadians. It is our responsibility to foster an environment where they feel protected, respected and empowered to serve, free from all behaviours that harm our people, threaten morale and undermine team cohesion, including the reprehensible act of sexual misconduct. Eradicating these behaviours is essential to our operational effectiveness, to recruitment and to retention, and above all, it is the right thing to do.
Through Bill C-11, we are proposing a range of important changes to the National Defence Act, which are designed to support this essential work. Canada's military justice system must not only reflect the values of fairness, accountability and respect, but also uphold the trust Canadians place in the institutions that serve them. Through Bill C-11, we would fulfill the recommendations of former Supreme Court justices Arbour and Fish, and we are taking decisive steps to rebuild and reinforce trust within the Canadian Armed Forces.
First, this bill would remove CAF jurisdiction over Criminal Code sexual offences committed in Canada. With this bill, civilian authorities would have the exclusive responsibility to investigate and prosecute these offences.
Second, Bill C-11 would act on eight key recommendations outlined by former Supreme Court justice Fish in his third independent review. This includes establishing stronger, more transparent appointment processes for senior CAF members who play crucial roles in the military justice system. We are modifying the appointment process and the tenure for the director of military prosecutions and the director of defence counsel services by, first, making them Governor in Council appointees and by, second, changing the director of military prosecutions and the director of defence counsel services' terms to a fixed non-renewable term of up to seven years. We are also modifying the process and authority for the appointment of the Canadian Forces provost marshal, appointed by the Governor in Council, and, finally, changing the title from Canadian Forces provost marshal to provost marshal general to align with the title of other senior designations in the CAF, such as the surgeon general, the chaplain general and the judge advocate general.
Third, Bill C-11 builds on supports provided under the Declaration of Victims Rights by expanding access to victim liaison officers to individuals acting on behalf of a victim.
Fourth, the bill harmonizes the military justice system's offender information and publication ban provisions with the amendments already made to the Criminal Code in 2023. These comprehensive recommendations that aim to reform our military justice system are only one part of a broader transformation of this institution.
Among other things, we are making critical changes to how we screen new recruits, how we manage Canada's two military colleges and how we collect, retain and use data on workplace harassment.
For example, we have instituted a probationary period for new recruits, which allows applicants to enrol and begin their training while the administrative work related to their application file is completed. During this probationary period, applicants must pass the required security clearance check, meet medical standards and show that they live by the CAF's ethics and values. We need to ensure that our military better reflects the country it serves, drawing from the very best people Canada has to offer.
We are starting to see our recruitment efforts pay off. Last fiscal year, we surpassed our recruitment goals, bringing in over 6,700 new regular force members. That is a 55% increase from the year before, but we still have work to do to build a culture that is truly rooted in dignity, inclusion and respect for everyone who serves.
We know we need to keep our foot on the gas and remain laser-focused on creating lasting change. As I previously mentioned, Bill C-11 would fulfill several recommendations put forward in the reviews conducted by former Supreme Court justices Arbour and Fish. We are also making important progress on many of their other recommendations to aid in our broader culture change efforts.
In the independent external comprehensive review, Justice Arbour detailed 48 recommendations on everything from recruitment to training to oversight.
As of July, DND had successfully implemented 36 of these recommendations, and we expect that the remaining 12 will be implemented by the end of the year, although some will take much longer than others to fully implement.
We are making progress on Madame Arbour's first and second recommendations, strengthening our approach to addressing sexual misconduct by clarifying the full spectrum of terms and definitions into three categories: conduct deficiencies of a sexual nature, sexual harassment and sexual assault. This will ensure that we are better able to address each form of inappropriate conduct through the proper legal, administrative and disciplinary means.
The CAF has also adopted the Canada Labour Code definitions of “harassment” and “violence”. This change has made it so that the defence team has one single approach for dealing with harassment and violence in the workplace, applicable to both DND public service employees and CAF members. All incidents of harassment and violence on the defence team will be managed by the workplace harassment and violence prevention program. This addressed Madame Arbour's third recommendation.
We have also acted on recommendations 7 and 9 of Justice Arbour's report by allowing members of the CAF who experience sexual misconduct, sexual harassment, sexual offences or any other form of discrimination based on sex or gender in the performance of their duties to apply directly to the Canadian Human Rights Commission.
As many members know, the external monitor, Madame Jocelyne Therrien, provides regular public evaluations of our progress in implementing these recommendations, including by releasing biannual status reports.
She published her fifth progress report in early July. In that report, she highlights the sincere desire to improve working conditions for DND team members across our organization, as well as the concrete progress we have made, particularly with regard to integrating new recruits and promoting current staff to management positions.
Her final and sixth report is expected in the coming weeks. Madame Therrien's thorough and objective assessment of our progress has been critical in informing how we are implementing these recommendations, and we thank her for her commitment, her good guidance and her dedication.
In April 2021, the Department of National Defence and the Canadian Armed Forces launched a comprehensive initiative to align defence culture and the professional conduct of its staff with the fundamental values and ethical principles that we, as a national institution, aspire to uphold.
Since then, we have taken significant steps to shift our culture and bring about meaningful change, including taking action to eliminate systemic racism and discrimination. This work encompasses a wide range of responsibilities, such as developing programs and policies to address systemic misconduct, improving mechanisms for tracking and reporting misconduct and overseeing the creation of a framework for professional conduct and culture that combats discrimination, harmful behaviour, prejudice and systemic barriers.
To support these efforts, as we reaffirmed in budget 2024, we are investing nearly $1 billion over 20 years to support the changes to the Canadian Armed Forces, and we are introducing amendments to the National Defence Act to deliver key recommendations to advance culture change. Last year, we also launched a comprehensive implementation plan to guide efforts to address the various recommendations we have received.
We know culture change is incremental, we know it is a step-by-step process that takes time, and we know it requires a sustained and continuous effort, but we also know it is absolutely essential to the well-being and operational readiness of the Canadian Armed Forces.
We will continue to listen to members of the defence team, external stakeholders, communities and partners. We will continue to learn from them as we strive to create a safer and more inclusive work environment. We are making real and tangible progress, but we know that there is still a lot more work to be done.
While we work to modernize our military justice system and change our culture, we also need to ensure that people affected by sexual misconduct get the support, the care and the resources they need. Much of that work comes from the sexual misconduct support and resource centre.
This centre, which operates independently of the chain of command, recently celebrated its 10th anniversary. It delivers expert advice, guidance and recommendations to armed forces and national defence personnel on all matters related to sexual misconduct.
Among other things, it operates a 24-7 helpline offering confidential support to personnel, information about the options available, advice on helping others and referrals to care and services.
It also runs the response and support coordination program to provide individuals who have experienced sexual misconduct in a DND or CAF environment with a dedicated civilian counsellor who can help access health services, prepare for police interviews and more. The sexual misconduct support and resource centre also runs a grant program to fund community-based programs to broaden the range of support services available to the wider defence community, and it offers peer support programs in partnership with Veterans Affairs Canada.
I would also like to mention that the independent legal assistance program is another valuable support mechanism for victims. It provides free and confidential legal assistance, including legal information and advice on incidents of sexual misconduct in contexts involving the Department of National Defence or the Canadian Armed Forces. It also provides legal representation for certain proceedings involving criminal offences of a sexual nature, service offences, victim safety and victim participation in the judicial process.
By offering this timely, independent and trauma-informed support, the program plays a critical role in expanding access to justice and choice for affected persons. This is all in line with Madam Justice Arbour's recommendation 14 of the independent external comprehensive review.
The work I have outlined today is comprehensive and meaningful. We believe, and I think all sides of the House would agree, that it is important. We are taking decisive steps to rebuild and reinforce trust within the Canadian Armed Forces and confidence in our military justice system.
As the House begins debate at second reading of the important piece of legislation before us, I will close by saying this: The time has come for Bill C-11 to be moved swiftly through the House to committee, where it can undergo thorough study and perhaps, with the good will and good faith of all members on all sides of the House, be passed forthwith.