Mr. Speaker, Bill C‑11 gives us something we have been hoping for for a long time, namely an opportunity to improve the military justice system. Acts of sexual misconduct have been widely reported in the media over the past few years, severely affecting the reputation of the Canadian Armed Forces and its leaders. Although I have not been able to find data on this, it goes without saying that the situation has also likely severely affected recruitment efforts, as well as morale among female military members.
This bill is almost the same as Bill C‑66, which died on the Order Paper in January when Parliament was prorogued and later dissolved, leading to the election in April.
Several former justices of the Supreme Court of Canada have already studied the issue and made recommendations. First, there was the Hon. Justice Marie Deschamps, who tabled her report on March 27, 2015. That was over 10 years ago. Then there was the Hon. Morris J. Fish, who tabled his in June 2021. That was the third independent review. It contained 107 recommendations, including one to review the process for appointing three key positions in the military justice system: the provost marshal, the director of military prosecutions and the director of defence counsel services. I think everyone can agree that, in a justice system, the judge, the prosecutor and the defence attorney are pretty important.
Justice Fish proposed better safeguards to protect these individuals from any pressure they might have been subjected to by the military hierarchy. Bill C‑11 addresses that recommendation, and we think it is a wise decision. However, we must remain vigilant to ensure that politicians do not interfere in the justice process, which desperately needs reforms. We must not get to a point where we get rid of one form of interference in favour of another.
As has been mentioned several times in the House, the appointment process in our common law courts justice system is often manipulated. For one, we have often heard about the infamous “Liberalist”. I hope that the “Liberalist”, or the Conservative list, if they are elected in the next election, will not become the tool for appointing judges to the courts that will have to judge or act as prosecutors in cases of sexual assault in the military.
Prior to Justice Fish, in 2003, the late Right Hon. Antonio Lamer, a retired former chief justice, also submitted a report containing 88 recommendations. In 2012, the Hon. Patrick LeSage, former chief justice of the Ontario Superior Court, also submitted a report, which contained 55 recommendations. Finally, there was the Hon. Louise Arbour, former justice of the Supreme Court of Canada, who, after pointing out that the exercise had already been done, tabled her report in October 2025, more than 10 years after her colleague Justice Deschamps.
We in the Bloc Québécois believe that it is time to take action. We intend to support this bill and hope that it comes into force quickly so that we can have a military justice system that reflects Quebec and Canadian society.
In a recent media interview, the hon. Minister of National Defence said that victims need to have the confidence that the system is transparent and predictable and that they have the support that they need to come forward and to reveal what has happened to them. Not surprisingly, we agree. That is how it needs to be.
The armed forces as we knew them a century ago have given way to an army that is more open to the realities of our society. While the presence of women in the military was once an exception, even an anachronism, today it is the norm for about 15% to 20% of armed forces members. However, the organization of the armed forces has to adjust to this reality. Every member of our armed forces must feel comfortable and fully able to provide the services they are called upon to provide.
As I was saying, Bill C-11 will make it possible to modify the appointment process so it is no longer hierarchical. The following appointments will now be made by the governor general in council, at the recommendation of the Minister of Defence: the Canadian Forces provost marshal, the director of military prosecutions and the director of defence counsel services. As I was saying earlier, this was among Justice Fish's recommendations, which were made a long time ago. Now it is in Bill C‑11, which is a good thing.
Bill C‑11 also proposes to remove the military courts' jurisdiction to try individuals for Criminal Code sexual offences. This is very important.
Some troubling situations have surfaced in recent years. We need only think of the case of General Jonathan Vance. He had been the focus of allegations of sexual misconduct long before the Conservative government decided to appoint him chief of the defence staff in the summer of 2015. He was alleged to have committed sexual misconduct, but the Conservatives did not see that as a problem and appointed him chief of the defence staff anyway. That seemed rather odd to us.
Then, in the fall of 2015, Justin Trudeau's Liberal government came to power. That government also did not bother removing General Vance from his position or do anything at all to limit the problems of sexual misconduct. On the contrary, allegations of sexual misconduct have escalated since 2015.
I will not go so far as to name every single person who has been the subject of allegations of misconduct. As a lawyer, I am aware that allegations of misconduct do not necessarily result in a guilty verdict. These individuals must be presumed innocent. That is fine, but it is still problematic at the social level. Society sees that people who lead the Canadian Armed Forces are the subject of repeated allegations of sexual assault or misconduct. Despite this, they are kept in their positions or even promoted. It makes no sense. I hope that Bill C‑11 will enable us to move beyond that era.
The bill also removes the military's power to investigate. Yes, that is obviously needed. Members will agree that a military investigator whose boss is accused of sexual assault or sexual misconduct is in no position to conduct an impartial and effective investigation.
I also want to talk about the process for appointing military judges. The pool is being expanded. The idea is that the person closest in rank is not necessarily the person who should be appointed and that the person could come from any military rank. There are individuals who have undergone training their entire military careers and who may be qualified to be appointed as court martial judges. In many cases, they would probably be better suited to the job than the highest-ranking officer who wanted to do it. This group is going to be expanded. That is good news for us.
The group of people who can file complaints will also be expanded. That is more good news. We must help victims emerge from the shadows and leave behind the era when allegations of sexual misconduct undermined the credibility of our military forces and the lives of women who served in the armed forces. I thank these women for helping to change the hierarchy and the way the armed forces operate. This is the best news we have had in a long time.