Mr. Speaker, I rise with a heavy heart today.
Bill C-11, when it was studied by the national defence committee, had great collaboration among Conservative, Bloc and NDP members. I believe that the members from the Liberals on committee were listening intently to what we heard from the witnesses who came forward.
There were witnesses who were victims of military sexual trauma. They are survivors who came forward bravely to provide testimony on Bill C-11 and to express their concerns about the way the bill was made. They really wanted to show that they wanted their rights as members or veterans of the Canadian Armed Forces to be respected and that they wanted to be be empowered to decide which justice system military sexual assault and misconduct would be tried in: the military justice system or the civilian one. They raised numerous red flags over what would happen if Bill C-11 were left in its original form.
Late last night, the Minister of National Defence tabled a bunch of amendments to Bill C-11 at report stage, which had already incorporated numerous amendments that the Bloc, NDP and we as Conservatives had worked collaboratively on across party lines to bring choice in what system would best suit the victims of military sexual misconduct. Our amendments would have provided greater independence to the primary players within the justice system of the military, and they took into consideration testimony coming from outside legal experts and civilian police organizations across the country.
When the Minister of National Defence tabled all the amendments that were just read into the record, essentially what he was doing was disrespecting the work of committee, undoing the hard work members had put in and ignoring the advice that came specifically from victims and also from the Canadian Armed Forces itself, which provided testimony at committee, as well as from all the military justice experts who appeared and who also provided written briefs.
I am angry about it, because it is a complete betrayal to those victims who took the time to share their experiences and put the work into studying the legislation on Bill C-11, previously Bill C-66. It is so heartbreaking to know that everything they did in stepping up to defend the rights of all victims of military sexual assault and misconduct is now getting swept to the side.
Dismissing all the testimony we heard over weeks for the study on Bill C-11 at the Standing Committee on National Defence could easily be characterized as the Minister of National Defence's not caring. He does not care about the survivors; the military leaders who appeared, such as the provost marshal general, the director of military prosecutions and the director of defence council services, and the advice they gave for greater independence; the veterans who used to hold those positions, who appeared and provided similar advice; the people who work as judicial experts within the Canadian Armed Forces and outside it; or the testimony we heard from civilian police departments across this country, whether at the provincial or municipal level.
The Bloc, the NDP, and we as Conservatives were working together and wanted to improve the bill. What we brought back to the House at report stage to be considered today would have been an improvement that would have provided the balance that victims are looking for and would have recognized the hard work that has already taken place in the Canadian Armed Forces to improve its processes to properly investigate, charge and prosecute military sexual misconduct within the system, yet it has all been swept away.
When the Minister of National Defence appeared at committee with respect to Bill C-11, he admitted he had picked up Bill C-66, never consulted with anyone else and then tabled the bill in the House without talking to victims. What he brought back as amendments to Bill C-11 at report stage just proves he never took the time to review the testimony of the brave witnesses who stepped up.
We heard from so many victims, and I just want to put some of them on the record here again. We are doing a study on the experiences of francophone and indigenous members of the Canadian Armed Forces, and just yesterday, Hélène Le Scelleur, who is a veteran and also appeared as a witness concerning Bill C-11 because she is also a survivor of military sexual misconduct, explained why survivors need to have choice about whether the cases go to the military system or to the civilian system. If we were to force all sexual misconduct cases into the civilian system, she for example, as a francophone, if the assault had happened in Alberta at CFB Wainwright, might not get the services she requires in French.
Hélène Le Scelleur, in response to a question yesterday, said that she totally agrees that survivors should have the choice, because when they are talking about specifics related to trauma and other sensitive issues, she thinks she would not be doing so in her second language. She explained that when someone is vulnerable, they do not have access to all the vocabulary they normally do. She said she would rather be able to choose the military pathway in order to ensure that she would have services in French, rather than, as in the example provided, have to stay in Alberta and have her case dealt with there even though she is from Quebec.
When we look at those types of stories, what we expect of the people who serve and how we are supposed to make sure we stand up for them, we want to drive home that the Liberals are completely ignoring what victims said at committee. Donna Van Leusden said, “For many years, survivors in the Canadian Forces had limited or flawed options, but they still had options. Under this bill, for Criminal Code sexual offences committed in Canada, survivors are given none.”
Again, the government is ramming this through because it wants to pass the buck. It wants political expediency so it does not have to deal with military sexual misconduct in the armed forces anymore, and it wants to shuffle it off to a civilian justice system that is already overburdened across this country.
We know that when the civilian system is lagging behind in prosecuting cases and hearing cases at the bench, the Jordan framework kicks in. If things are not dealt with within 24 months, they are thrown out. We know that cases that have little chance of success within the civilian system will be thrown out. We know that justice for the victims will actually be reduced, rather than victims' being provided with the choice of keeping a case in the military system, where at least under court martial and/or administrative measures they would have the ability to receive justice and the perpetrators would be held to account.
Tanya Couch wrote, “Removing the CAF's authority to investigate sexual offences would do a disservice to serving members. A more balanced approach is to establish concurrent jurisdiction between the military and civilian systems for reports of sexual assault.” Jessica Miller said, “Jurisdictional transfer risks reducing accountability, weakening discipline, lowering conviction rates and failing to deliver justice to survivors—while removing responsibility from the CAF chain of command.”
I just want to say one more thing to the members across the aisle in the Liberal Party, especially the member for Nunavut, who was the NDP defence critic when we worked on Bill C-11 and whose own amendments were incorporated with Conservative amendments but would now be thrown out by the motions brought forward by the Minister of National Defence. I ask them to do what is right for the people who are currently serving, to do what is right for the military justice system that says it now has the capacity and capability to properly try these cases, and to ensure that we give the freedom for victims of military sexual assault to choose which justice system best suits them.
