Mr. Speaker, it is an honour to rise here again.
The last time I rose at second reading on this bill, I talked a bit about my military background, but I focused on why it is so important that we get this bill right, especially for the victims and the accused.
This bill would do a number of things, and in fact parts of Bill C-11 are actually very good, a step in the right direction and needed. I do not want to debate those, which are in reference to the independence around the director of military prosecutions, the provost marshal, etc. Nor do I want to focus on any amendments to the Sex Offender Information Registration Act. I want to focus around the transfer of jurisdiction of offences of a sexual nature to civilian authorities when the offences take place in Canada and what this would mean for our Canadian Armed Forces, where I had the privilege to serve for 25 years.
Today I am wearing my Royal Military College tie. The college's motto is “Truth, Duty, Valour”, something that I think is essential with this bill. I am also wearing the tie clip of my regiment, the motto of which is pro patria, or “for country”, but the slogan is what I want to focus on, which is “Never Pass a Fault”.
I feel that we are in a position right now where the government is making a mistake.
I am going to try to lay this out. There are a few things for all listeners here because I am going to use some abbreviations. Criminal Code sex offences is CCSO. When I say MPs, I mean military police, not members of Parliament. I will likely say “police of jurisdiction”, or POJ.
Let us back up a little bit. In November 2021, the director of military prosecutions and the Canadian Armed Forces provost marshal decided to transfer all Criminal Code sex offences to the civilian jurisdiction. This was a result of Justice Fish and Justice Arbour's recommendations, and they were sort of an interim directive to go forward. Prior to that, there were concurrent investigations by both civilian authorities and the military police that resulted in some cases prior to 2021 ending up tried as civilian cases. However, when this interim direction came into place in 2021, it was the intent that ideally all CCSO would be transferred.
That direction was clear; however, the military found out that local police of jurisdiction were not accepting the files. Military police then were able to do a victim-centred trauma analysis. They could conduct the investigations for a number of reasons.
The civilian police of jurisdiction do not have the capacity or the resources to deal with it. Their threshold is much higher than the standard that the Canadian Armed Forces expects and there is a much larger gamut of tools available within the Canadian Armed Forces for both disciplinary and administrative action that allowed all of this to take place.
Part of the reason that the civilian police of jurisdiction pushed back was that they believed that the military police were more than capable and competent to do this. We have seen this with public statements of affirmation from the Canadian Association of Chiefs of Police and the Ontario Association of Chiefs of Police of the incredible professional competency of our military police.
For some of the cases that were brought forward, the civilian police looked at them and said that there was no public interest in moving forward because some of them might have been historical or that public safety was not being dealt with.
Further, in this interim time frame, the declaration of victims' rights had been implemented.
This means that not on purpose, but because of an interim direction in 2021, we now have a choice for victims. Victims are getting the best of both worlds. There is the military police, which has fixed and addressed many of the shortfalls that had existed historically in our system, that is now able to do this in collaboration with the victim and the police of jurisdiction to make a case and go forward.
I think that the way the system is functioning today when it comes to dealing with Criminal Code sex offences is right.
Now let us talk about what happens if this bill passes with the amendments the Liberal government has made to change what was passed in committee.
First off, for the first time ever in Canada, a police force, the military police, would lose jurisdiction to investigate criminal offences within its own jurisdiction. The military police are the police of jurisdiction for the Canadian Armed Forces. As soon as the military police, during an investigation, find any suspicion of a Criminal Code sex offence, they would have to contact, transfer or refer this to the local police of jurisdiction. A CAF victim would go to them and they would have to give them a phone number for the OPP or for the Ottawa Police Service, for example. It is not ideal. The police of jurisdiction would not be compelled to do anything about it.
If the Canadian Armed Forces chooses to go ahead with administrative actions, the problem is that they would not be allowed to investigate. Section 70 of the National Defence Act lists all of the sexual offences that are tied to Criminal Code offences. Their hands would be tied and they would not be able to investigate. Right now, the way that local police of jurisdiction are dealing with this is very slowly; they are not keen on sharing that information with the military police. We would basically be taking this choice away from the victims. It would not be clean. It could be something as simple as a lower-level harassment issue that maybe should not be criminal in nature as it would not necessarily meet that threshold, but because it would fall under the changes being forecast to pass in Bill C-11, if the government got its way, they would not be able to do anything.
The removal of this would fundamentally undermine the reputation of our military police. As I mentioned earlier, military police are experts. Since 2022, all the former cases that used to be done by summary trial and are now dealt with at courts martial must be investigated by the military police. The civilian police acknowledge their incredible capability. In fact, if I had enough time, I could share stories where victims were so happy to have their situations investigated by military police instead of local police.
Let us talk about outside of Canada. I am not talking about a host nation perpetrator or victim, but specifically about where military police can investigate a CAF member, whether a victim or perpetrator, and a Canadian victim. Latvia is a good example. In this case, military police would investigate, weigh the charges and decide whether they should end up in the military or civilian justice system, as they can still do. They would maintain that skill set. I would argue that in the types of operations we are doing now in places like Latvia, where there are DND members and their families, we would see the potential for a higher level of these types of cases because, again, those in the CAF doing that are not perfect. My point is that someone could do something in Latvia and be charged for it, but if a person were to do the same thing in the CAF in Canada, they may not be charged for it.
To wrap this up, this is what concerns me. A victim-centred, trauma-informed approach would not happen as the military police would lose this concurrent jurisdiction. More charges would be dropped. There would be less accountability within the Canadian Armed Forces. The current civilian system is already overloaded and, as I mentioned earlier in my speech, has a much higher threshold. We are seeing this in jurisdictions like Ireland right now, which went through this sort of step. It is now trying to figure out how to undo what it did. It is trying to fix the situation it is in. This would break trust with our military police and within the CAF and is basically an abdication of responsibility and leadership, from my viewpoint.
This bill, no matter what, needs a sunset clause. What concerns me is that we will be back in Parliament in three years, five years or six years from now saying we messed up. We will be apologizing to the victims for not getting it right. We are not going to be able to fix that harm we caused. I say “we” meaning the Parliament of Canada, this chamber and the other place. It would not do the victims justice.
It is important that we get this right. My plea to the government is that we need to do this right. If we cannot fix it in this place, I am praying the other place will be able to fix it, because I have legitimate concerns that we would be making a mistake if this bill passed as the government wants to amend it.