NDDN Committee Report

“2.1 Section 10 of the Act is replaced by the following:

10 The powers of the Judge Advocate General may be exercised, and the duties and functions of the Judge Advocate General may be performed, by any other officer who has the qualifications set out in subsection 9(1) that the Minister may authorize to act for the Judge Advocate General for that purpose, but that officer may act as the Judge Advocate General for a period of more than 120 days only with the approval of the Governor in Council.”

Clause 4

That Bill C-11, in Clause 4, be amended by adding after line 8 on page 2 the following:

“(1.1) The appointment must be made within 120 days of the day on which the office of Provost Marshal General becomes vacant.”

Clause 7

That Bill C-11, in Clause 7, be amended

(a) by replacing line 5 on page 3 with the following:

“7 (1) The portion of section 70 of the Act before paragraph (a) is replaced by the following:

70 Subject to subsection (2), a court martial does not have jurisdiction to try any person charged with any of the following offences committed in Canada:

(2) Section 70 of the Act is amended by striking out”

(b) by adding after line 33 on page 4 the following:

“(3) Section 70 of the Act is renumbered as subsection 70(1) and is amended by adding the following:

(2) Despite any other provision of this Act and any other law, the victim of an offence referred to in any of paragraphs (1)(d) to (h), or an individual acting on their behalf, may choose whether the person charged with the offence is to be tried by a court martial or a civil court.”

Clause 8

That Bill C-11, in Clause 8, be amended

(a) by deleting line 36 on page 4 to line 2 on page 5.

(b) by replacing lines 3 to 5 on page 5 with the following:

“70.1 (1) Despite any other provision of this Act and any other law, an officer or non-commissioned member may exercise their powers or perform their duties and functions, before the ar-”

(c) by replacing lines 17 and 18 on page 5 with the following:

“(2) Despite any other provision of this Act and any other law, an officer or non-commissioned member may secure or preserve any”

(d) by replacing line 35 on page 5 with the following:

“(1) to (3), unless the victim of the offence or an individual acting on their behalf has requested under subsection 70(2) that the person be tried by a court martial.”

(e) by replacing lines 36 and 37 on page 5 with the following:

“70.2 Despite any other provision of this Act and any other law, an officer or non-commissioned member may initiate or conduct a”

That Bill C-11, in Clause 8, be amended by adding after line 2 on page 5 the following:

“70.11 (1) Despite sections 70 and 70.1, a civil court may, at the request of a victim of an offence referred to in any of paragraphs 70(d) to (h) or of an individual acting on their behalf, determine that a court martial should have jurisdiction to try the person charged if the court is of the opinion that it would not interfere with the proper administration of justice.

(2) In determining whether a court martial should have jurisdiction to try the person charged, the civil court shall consider the nature of the offence and the circumstances in which it was committed, as well as any other relevant factor, including whether

(a) at the time of the commission of the alleged offence, the person charged was on duty or on a site under the authority of the Canadian Forces;

(b) the victim explicitly expressed the wish to not have the matter transferred to a civil court and was subjected to any form of pressure that might influence a potential transfer to the court martial; and

(c) the victim was informed of their rights and of the potential consequences of the court martial’s having jurisdiction in the matter.”

That Bill C-11, in Clause 8, be amended by adding after line 35 on page 5 the following:

“(5) Every officer or non-commissioned member who wilfully or negligently causes an unreasonable delay in the transfer of evidence secured or preserved under any of subsections (1) to (3) to the custody of the civilian authority having jurisdiction in the matter or in the disclosure of all such evidence to the counsel representing the accused commits an offence under section 124.”

That Bill C-11, in Clause 8, be amended by adding after line 39 on page 5 the following:

“70.4 (1) The Minister shall cause to be tabled in each House of Parliament, within six months after the day on which the Military Justice System Modernization Act receives royal assent or, if a House is not then sitting, on any of the first 10 days of the next sitting of that House, a plan for the establishment of an office of the inspector general for sexual misconduct in the Canadian Forces.

(2) In developing the plan, the Minister shall consult with interested persons and organizations, including representatives of survivors of sexual assault in the Canadian Forces, sexual assault victim support organizations, military personnel management, internal support services and mental health experts.

(3) The plan shall take into account any submissions made by the persons or groups referred to in subsection (2) and shall include measures respecting

(a) the appointment of a civilian to the position of inspector general;

(b) the structure of the office of the inspector general and the employees who would be necessary to carry out the activities of the office;

(c) the term and tenure of the inspector general; and

(d) the mandate and powers, duties and functions of the inspector general, including in relation to support for victims, the identification of systemic problems within the Canadian Forces and recommendations for reform.

70.5 If, within 12 months after the day on which the plan is tabled under subsection 70.4(1), the Minister has not caused to be introduced in either House of Parliament a bill that provides for the establishment of an office of the inspector general for sexual misconduct in the Canadian Forces, the Minister shall, as soon as feasible after the end of that period, cause to be tabled in each House of Parliament a report that sets out the reasons for the delay and the expected timeline for the introduction of the bill.”

That Bill C-11, in Clause 8, be amended by adding after line 39 on page 5 the following:

“70.4 (1) Paragraphs 70(d) to (h) and sections 70.1 to 70.3 cease to have effect at the end of the fourth anniversary of the day on which the Military Justice System Modernization Act receives royal assent unless, before the end of that fourth anniversary, the operation of those provisions is extended by resolution — whose text is established under subsection (4) — passed by both Houses of Parliament in accordance with the rules set out in subsection (5).

(2) A comprehensive review of paragraphs 70(d) to (h) and sections 70.1 to 70.3 and their operation is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

(3) The committee must, no later than one year before the anniversary referred to in subsection (1), submit a report on the review to the appropriate House of Parliament, or to both Houses, as the case may be, including its recommendation with respect to extending the operation of the provisions referred to in subsection (1).

(4) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of the provisions referred to in subsection (1) and that specifies the period of the extension, which may not exceed four years from the first day on which the resolution has been passed by both Houses of Parliament.

(5) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament must immediately put every question necessary to determine whether or not the motion is concurred in.”

Clause 9

That Bill C-11, in Clause 9, be amended by adding after line 13 on page 6 the following:

“(1.1) Section 71.16 of the Act is amended by adding the following after subsection (1):

(1.1) Unless they are of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of the victim or an individual acting on their behalf, appoint another officer or non-commissioned member to replace the liaison officer appointed under subsection (1).”

That Bill C-11, in Clause 9, be amended by adding after line 23 on page 6 the following:

“(3) Section 71.16 of the Act is amended by adding the following after subsection (3):

(4) Every person involved in the investigation or prosecution of an offence referred to in any of paragraphs 70(d) to (h) that was, or is alleged to have been, committed in Canada, including the victim’s liaison officer, shall, to the extent possible, have the training or experience that enables them to take a trauma-informed approach.

(5) If a person referred to in subsection (4) is not trained or experienced in working from a trauma-informed perspective, they must advise the victim.”

New Clause 9.1

That Bill C-11 be amended by adding after line 23 on page 6 the following new clause:

“9.1 The Act is amended by adding the following after section 71.16:

71.161 (1) Unless they are of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of a person who is alleged to have committed a service offence, or an individual acting on their behalf, appoint an officer or non-commissioned member, who satisfies the conditions established in regulations made by the Governor in Council, to be a liaison officer to assist the accused or individual as provided for in subsection (3). The commanding officer shall, to the extent possible, appoint the officer or non-commissioned member who has been requested by the accused or the individual to be their liaison officer.

(2) In the event of the absence or incapacity of the accused’s liaison officer, a commanding officer shall appoint another officer or non-commissioned member to replace the liaison officer during that absence or incapacity, unless it is not possible to do so for operational reasons.

(3) Assistance by an accused’s liaison officer consists of

(a) explaining to the accused the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and

(b) obtaining and transmitting to the accused information relating to a service offence that the accused has requested and to which the accused has a right.”

Clause 15

That Bill C-11, in Clause 15, be amended by adding after line 17 on page 7 the following:

“(1.1) The appointment must be made within 120 days of the day on which the office of Director of Military Prosecutions becomes vacant.”

That Bill C-11, in Clause 15, be amended

(a) by replacing lines 20 and 21 on page 7 with the following:

“years but may be removed by the Governor in Council at any time for cause with the support of a resolution of the House of Commons to that effect.”

(b) by deleting line 24 on page 7 to line 6 on page 10.

Clause 17

That Bill C-11, in Clause 17, be amended by replacing lines 18 to 22 on page 10 with the following:

“17 Subsections 165.17(5) and (6) of the Act are re‐”

Clause 18

That Bill C-11, in Clause 18, be amended

(a) by replacing line 36 on page 10 with the following:

“officer or non-commissioned member or former officer or non-commissioned member who is a barrister”

(b) by replacing, in the English version, line 1 on page 11 with the following:

“province and who has been or was a member of the Canadian”

(c) by adding after line 2 on page 11 the following:

“(1.1) An officer or non-commissioned member who is appointed to be a military judge is to be released from the Canadian Forces on their appointment.”

New Clause 19.1

That Bill C-11 be amended by adding after line 15 on page 11 the following new clause:

“19.1 Section 165.24 of the Act is amended by adding the following after subsection (1):

(1.1) The designation must be made within 120 days of the day on which the office of Chief Military Judge becomes vacant.”

Clause 40

That Bill C-11, in Clause 40, be amended by adding after line 23 on page 29 the following:

“(1.1) The appointment must be made within 120 days of the day on which the office of Director of Defence Counsel Services becomes vacant.”

That Bill C-11, in Clause 40, be amended

(a) by replacing lines 26 and 27 on page 29 with the following:

“years but may be removed by the Governor in Council at any time for cause with the support of a resolution of the House of Commons to that effect.”

(b) by deleting line 30 on page 29 to line 12 on page 32.

New Clause 40.1

That Bill C-11 be amended by adding after line 22 on page 32 the following new clause:

“40.1 Section 249.19 of the Act is replaced by the following:

249.19 The Director of Defence Counsel Services provides, and supervises and directs the provision of, legal services prescribed in regulations made by the Governor in Council to persons who are liable to be charged, dealt with and tried under the Code of Service Discipline, who have been charged with having committed a service infraction, or who are charged with an offence referred to in any of paragraphs 70(d) to (h) that is alleged to have been committed while the person charged was acting in their role as a member of the Canadian Forces.”

That Bill C-11 be amended by adding after line 22 on page 32 the following new clause:

“40.1 Section 249.2 of the Act is repealed.”