Mr. Speaker, Bill C-11, when it first came to the national defence committee, was meant to transfer sexual assault cases from the military to the civilian justice system. It was not supposed to be a controversial bill. It arose because of the need to address sexual assault in the military. All of us in the House have, I believe, deep down, the best interests of Canadians at heart.
As a former officer, the bill matters to me. All of us in the room value the strength and dedication of our troops, but not one of us wants to see greater physical strength turned against our own. I have another personal reason for taking the bill seriously. I have a daughter who recently earned a university degree and a civilian pilot's license. She has recently applied to the Canadian Armed Forces to fly as a pilot in defence of our country.
Those of us in the House who are fathers of daughters will understand all too well the deep rage that wells up at the mere thought of someone doing harm to our daughters. I want to assure the House that I take the bill very seriously indeed, and that I really mean what I am about to say. Those of us who have sons should be aware that, because of the higher number of men serving, 40% of sexual assault cases involve male victims.
Like all of us, I had heard over the years horror stories involving sexual predation in the military, and I assumed, after having listened to the media, that this bill would be a sort of rubber stamp because everyone would want it. I assumed that victims of sexual predation in the military would want to stay far away from anybody in uniform. I assumed the victims would believe they would get a better shake in an inherently less structured and more liberal civilian justice system. I thought the victims would associate the military with the crime and understandably believe that, if their case were to be tried in the military, somehow the chain of command could influence the outcome, even though it has nothing to do with actual chain of command.
The Liberals told us that the victims of criminal sexual assault would be too traumatized to choose between a civilian investigation and a military investigation. It was best, according to the Liberals, if the state chose for them. This sounded a little bit like the old TV show Father Knows Best.
When we first started this investigation, I had no reason to believe that the victims would want anything to do with the military system, so I let it go. I think there are all sorts of other problems with the bill that we could fix with other amendments, and I am sure my colleagues will address those, but I want to talk specifically about the importance of choice.
Like I said, I had assumed that no one would object to moving the crime into the civilian system. I was shocked. I was surprised at the responses of the academics, the military and the civilian police, and I was truly shocked at the response of the victims.
We talked to academics. One professor pointed out that the conviction rate for sexual offences was not very high in the military justice system. Another academic, former JAG officer Rory Fowler, responded that, if the object were a high rate of conviction, perhaps Canada should emulate the North Korean justice system. He said that, quite likely, the reason for a low rate of conviction was an excellent defence team available in the military and referenced a recent high-profile case in which a JAG lawyer, Major Francesca Ferguson, supplied quality defence for a private who was falsely accused, right up to the Supreme Court.
Rory Fowler argued that the culture in the military has changed radically over the years. Back in the 1990s and earlier in this century, high-profile cases of sexual predation drew national attention to a real problem with sexual assault and the way it was handled in the military justice system. As a result, the government reacted and ordered high-level independent reviews of the military's handling of sexual assault in the military. The Deschamps report came out 11 years ago and the Fish and Arbour reports followed it. They all had ideas for change. The Arbour report had 48 recommendations, including steering victims toward the civilian justice system.
The problems in the military had not just kicked off a few reports, like most government studies do. They also kicked off a significant institutional culture change within the military. The senior leaders in the CAF did not just treat the Arbour and Fish reports as annoyances that had to be suffered through; they treated them as a new mission.
By late last year, the CAF had actioned all 48 of the Arbour report recommendations and were still actively engaged in culture change. Culture change is much faster in a top-down chain of command. When the organization is built around instant obedience, instant cultural change can happen very quickly when it comes from the top in a sincere effort.
Next, we listened to the defence and prosecution teams from the military. They argued that the studies the bill was responding to were out of date or no longer applied to current military culture. They said that they had both the know-how and the professionalism to handle the job. In fact, they said they were surprised to learn that the Liberals intended to remove jurisdiction because the CAF had made sweeping changes and spent enormous effort reforming the system. They also said the culture of the CAF had changed. We have two bodies of experts who are saying that the culture has changed.
Then we listened to the civilian police who told us that, although they had the capability, they no longer had the capacity to absorb yet more work, especially in locations with military bases close by. One such police chief told us that the witnesses might be scattered in redeployments to other jurisdictions in Canada or internationally. She said a case in those circumstances would be almost impossible for her department to investigate.
Then we listened to the victims of sexual assault in the military. These brave soldiers rose above the crimes that were done to them and were brave enough to testify in front of the nation in hopes that what had happened to them would not happen to others. Their testimony shocked me. These are the very people I thought would have the strongest desire to stay out of the military system, but the vast majority insisted that they wanted a choice. For various reasons, they wanted a choice.
After numerous victims spoke, it became obvious that the victims wanted choice, so we co-operated with the Bloc member on the committee to amend an outdated Liberal motion into one that every stakeholder, from victim to investigator, wanted. Our amendments gave the victims choice. Dr. Karen Breeck, a former medical officer in the CAF and a victim of sexual assault, put it to us succinctly:
First, the military of 2025 [has changed]. Today the chain of command has extensive awareness and training. The sexual misconduct support and resource centre is fully operational. Victims' rights legislation is in force. Independent legal and victim supports exist. What evidence still shows that [the civilian system] remains the best way forward?
So far so good, but late Friday afternoon, the Minister of National Defence tabled Bill C-11 at report stage. Instead of our amended bill, and in defiance of civilian lawyers, military lawyers, civilian police, military police and even the victims themselves, what came into the House had been stripped of all our amendments. Why? It is because the artificial Liberal majority can now just stiff our soldiers and download the problem onto lower levels of government. The Liberals are not doing it to help our soldiers. They are doing it to push the problem off the federal plate, and then they will just not have to worry about it anymore.
I appeal to my fellow veterans and to the MPs on the other side of the aisle to listen carefully to what one of our own veterans had to say about this. The veteran said that this bill, if it were stripped of all the amendments that were asked for by victims, cannot claim to be putting people first and that the bill, without the amendments, is not about making life easier for uniformed members but about making life easier for politicians. That is a very different thing and it is, frankly, dishonourable.