moved that Bill , be read the second time and referred to a committee.
He said: Mr. Speaker, I would like to say good morning to colleagues and to the Canadians who are watching today's debate. I am pleased to rise to open second reading debate on Bill , the military justice system modernization act.
As Canada's new government makes a generational investment in the Canadian Armed Forces, we know that any work to support our forces starts with our people. Simply put, this legislation is about the women and men of the Canadian Armed Forces, and it is about ensuring their safety.
[Translation]
The people of the Canadian Armed Forces are central to our activities, whether they defend our sovereignty at home, support our allies abroad or serve in wings and bases across Canada. Since taking on this role earlier this year, I have had the great privilege of meeting with hundreds of Canadian Armed Forces members across the country and abroad.
[English]
They are among the finest individuals one could meet, and as I am sure all parliamentarians are, I am deeply grateful for their steadfast dedication to Canada and Canadians. It is our responsibility to foster an environment where they feel protected, respected and empowered to serve, free from all behaviours that harm our people, threaten morale and undermine team cohesion, including the reprehensible act of sexual misconduct. Eradicating these behaviours is essential to our operational effectiveness, to recruitment and to retention, and above all, it is the right thing to do.
Through Bill , we are proposing a range of important changes to the National Defence Act, which are designed to support this essential work. Canada's military justice system must not only reflect the values of fairness, accountability and respect, but also uphold the trust Canadians place in the institutions that serve them. Through Bill C-11, we would fulfill the recommendations of former Supreme Court justices Arbour and Fish, and we are taking decisive steps to rebuild and reinforce trust within the Canadian Armed Forces.
First, this bill would remove CAF jurisdiction over Criminal Code sexual offences committed in Canada. With this bill, civilian authorities would have the exclusive responsibility to investigate and prosecute these offences.
Second, Bill would act on eight key recommendations outlined by former Supreme Court justice Fish in his third independent review. This includes establishing stronger, more transparent appointment processes for senior CAF members who play crucial roles in the military justice system. We are modifying the appointment process and the tenure for the director of military prosecutions and the director of defence counsel services by, first, making them Governor in Council appointees and by, second, changing the director of military prosecutions and the director of defence counsel services' terms to a fixed non-renewable term of up to seven years. We are also modifying the process and authority for the appointment of the Canadian Forces provost marshal, appointed by the Governor in Council, and, finally, changing the title from Canadian Forces provost marshal to provost marshal general to align with the title of other senior designations in the CAF, such as the surgeon general, the chaplain general and the judge advocate general.
Third, Bill builds on supports provided under the Declaration of Victims Rights by expanding access to victim liaison officers to individuals acting on behalf of a victim.
[Translation]
Fourth, the bill harmonizes the military justice system's offender information and publication ban provisions with the amendments already made to the Criminal Code in 2023. These comprehensive recommendations that aim to reform our military justice system are only one part of a broader transformation of this institution.
Among other things, we are making critical changes to how we screen new recruits, how we manage Canada's two military colleges and how we collect, retain and use data on workplace harassment.
[English]
For example, we have instituted a probationary period for new recruits, which allows applicants to enrol and begin their training while the administrative work related to their application file is completed. During this probationary period, applicants must pass the required security clearance check, meet medical standards and show that they live by the CAF's ethics and values. We need to ensure that our military better reflects the country it serves, drawing from the very best people Canada has to offer.
We are starting to see our recruitment efforts pay off. Last fiscal year, we surpassed our recruitment goals, bringing in over 6,700 new regular force members. That is a 55% increase from the year before, but we still have work to do to build a culture that is truly rooted in dignity, inclusion and respect for everyone who serves.
We know we need to keep our foot on the gas and remain laser-focused on creating lasting change. As I previously mentioned, Bill would fulfill several recommendations put forward in the reviews conducted by former Supreme Court justices Arbour and Fish. We are also making important progress on many of their other recommendations to aid in our broader culture change efforts.
In the independent external comprehensive review, Justice Arbour detailed 48 recommendations on everything from recruitment to training to oversight.
[Translation]
As of July, DND had successfully implemented 36 of these recommendations, and we expect that the remaining 12 will be implemented by the end of the year, although some will take much longer than others to fully implement.
[English]
We are making progress on Madame Arbour's first and second recommendations, strengthening our approach to addressing sexual misconduct by clarifying the full spectrum of terms and definitions into three categories: conduct deficiencies of a sexual nature, sexual harassment and sexual assault. This will ensure that we are better able to address each form of inappropriate conduct through the proper legal, administrative and disciplinary means.
The CAF has also adopted the Canada Labour Code definitions of “harassment” and “violence”. This change has made it so that the defence team has one single approach for dealing with harassment and violence in the workplace, applicable to both DND public service employees and CAF members. All incidents of harassment and violence on the defence team will be managed by the workplace harassment and violence prevention program. This addressed Madame Arbour's third recommendation.
[Translation]
We have also acted on recommendations 7 and 9 of Justice Arbour's report by allowing members of the CAF who experience sexual misconduct, sexual harassment, sexual offences or any other form of discrimination based on sex or gender in the performance of their duties to apply directly to the Canadian Human Rights Commission.
[English]
As many members know, the external monitor, Madame Jocelyne Therrien, provides regular public evaluations of our progress in implementing these recommendations, including by releasing biannual status reports.
[Translation]
She published her fifth progress report in early July. In that report, she highlights the sincere desire to improve working conditions for DND team members across our organization, as well as the concrete progress we have made, particularly with regard to integrating new recruits and promoting current staff to management positions.
[English]
Her final and sixth report is expected in the coming weeks. Madame Therrien's thorough and objective assessment of our progress has been critical in informing how we are implementing these recommendations, and we thank her for her commitment, her good guidance and her dedication.
[Translation]
In April 2021, the Department of National Defence and the Canadian Armed Forces launched a comprehensive initiative to align defence culture and the professional conduct of its staff with the fundamental values and ethical principles that we, as a national institution, aspire to uphold.
Since then, we have taken significant steps to shift our culture and bring about meaningful change, including taking action to eliminate systemic racism and discrimination. This work encompasses a wide range of responsibilities, such as developing programs and policies to address systemic misconduct, improving mechanisms for tracking and reporting misconduct and overseeing the creation of a framework for professional conduct and culture that combats discrimination, harmful behaviour, prejudice and systemic barriers.
[English]
To support these efforts, as we reaffirmed in budget 2024, we are investing nearly $1 billion over 20 years to support the changes to the Canadian Armed Forces, and we are introducing amendments to the National Defence Act to deliver key recommendations to advance culture change. Last year, we also launched a comprehensive implementation plan to guide efforts to address the various recommendations we have received.
We know culture change is incremental, we know it is a step-by-step process that takes time, and we know it requires a sustained and continuous effort, but we also know it is absolutely essential to the well-being and operational readiness of the Canadian Armed Forces.
[Translation]
We will continue to listen to members of the defence team, external stakeholders, communities and partners. We will continue to learn from them as we strive to create a safer and more inclusive work environment. We are making real and tangible progress, but we know that there is still a lot more work to be done.
[English]
While we work to modernize our military justice system and change our culture, we also need to ensure that people affected by sexual misconduct get the support, the care and the resources they need. Much of that work comes from the sexual misconduct support and resource centre.
[Translation]
This centre, which operates independently of the chain of command, recently celebrated its 10th anniversary. It delivers expert advice, guidance and recommendations to armed forces and national defence personnel on all matters related to sexual misconduct.
Among other things, it operates a 24-7 helpline offering confidential support to personnel, information about the options available, advice on helping others and referrals to care and services.
[English]
It also runs the response and support coordination program to provide individuals who have experienced sexual misconduct in a DND or CAF environment with a dedicated civilian counsellor who can help access health services, prepare for police interviews and more. The sexual misconduct support and resource centre also runs a grant program to fund community-based programs to broaden the range of support services available to the wider defence community, and it offers peer support programs in partnership with Veterans Affairs Canada.
[Translation]
I would also like to mention that the independent legal assistance program is another valuable support mechanism for victims. It provides free and confidential legal assistance, including legal information and advice on incidents of sexual misconduct in contexts involving the Department of National Defence or the Canadian Armed Forces. It also provides legal representation for certain proceedings involving criminal offences of a sexual nature, service offences, victim safety and victim participation in the judicial process.
[English]
By offering this timely, independent and trauma-informed support, the program plays a critical role in expanding access to justice and choice for affected persons. This is all in line with Madam Justice Arbour's recommendation 14 of the independent external comprehensive review.
The work I have outlined today is comprehensive and meaningful. We believe, and I think all sides of the House would agree, that it is important. We are taking decisive steps to rebuild and reinforce trust within the Canadian Armed Forces and confidence in our military justice system.
As the House begins debate at second reading of the important piece of legislation before us, I will close by saying this: The time has come for Bill to be moved swiftly through the House to committee, where it can undergo thorough study and perhaps, with the good will and good faith of all members on all sides of the House, be passed forthwith.
:
Mr. Speaker, as the shadow minister for national defence, I am always honoured to stand in this place to talk about the great work of the brave women and men who serve in the Canadian Armed Forces and how we can do more to support them, which is what Bill is trying to do.
The first responsibility of the federal government is to protect Canada, protect our citizens, as well as to protect those who serve us. There has been a rapid escalation of threats, and what we are facing in Canada is continuing to evolve. There is Russia's illegal invasion of Ukraine. There is the ongoing conflict we are seeing with Hamas first attacking Israel and now Israel's clearing operation to neutralize the terrorists in the Gaza Strip. There is the ongoing escalation we are experiencing in the South China Sea and the Taiwan Strait as the People's Liberation Army Navy of China continues to escalate in that region, using air power, as well as resources and its coast guard to exercise its power in the region but ignoring international rules such as UNCLOS, the United Nations Convention on the Law of the Sea.
Those hostile powers want our resources, whether in the Arctic or our maritime domain, and they want to be within striking distance of our continent. We have to do more to protect ourselves here and invest in our military. This means supporting those who serve us. As Conservatives, we take our national security very seriously and want to make sure we always put that first and foremost. This is why we have to invest in the people, in their kit and in the training they need to undertake to deal with the hybrid warfare, the asymmetrical warfare, we are experiencing around the world.
First and foremost, Conservatives have always said and believed that those who serve, who proudly put on the uniform, are the best of the best Canada has to offer. They deserve to have a respectful workplace that is free of discrimination, racism, sexual misconduct, and abuse of authority and position. All members deserve to be respected. We also believe that the victims, those who are dealing with military sexual trauma, deserve justice. We hope this is going to culminate in the move from the military justice system to the civilian system, if the capacity is there and it would actually result in prosecutions and true justice for the victims of sexual trauma in the military.
It has been years: The Liberal government has been in power for 10 years. There have actually been three reports done. The first report came out in 2015, and it is interesting to note that the only time the current and I have had an interchange in the House on military sexual misconduct was when he was a member of the third party and the Liberals were sitting way down in that far corner. I was the parliamentary secretary for defence, and he asked a question about what steps we were taking. At that time, we had initiated the Madam Justice Deschamps report, and Justice Deschamps had made 10 recommendations.
Then of course there was an election, and that report sat on the corner of the desk of both former chief of the defence staff Jon Vance and former minister of defence Harjit Sajjan and collected dust. They did nothing during that time. There was then the Jon Vance scandal and all of that, and I will talk about that a bit later.
We know that through the process, the Liberals finally took action. There was the Arbour report and now the Fish report, which brought about some of the things that would happen with Bill . However, it has taken 10 years to get to where we are today. For 10 long years, the Liberals sat on their hands and did nothing to actually change the National Defence Act and the military justice system under it.
When we look at Bill , we are concerned that it would potentially open the door for more political interference. There would be an opportunity for partisan-style appointments, such as the Liberals' giving more power to the minister of national defence to issue guidelines with respect to prosecutions. That would not happen in the normal system in Canada because it would be considered political interference. The Liberals would also be changing the appointment process in that the director of military prosecutions, the director of defence counsel services and the provost marshal are all now going to be appointed by the Governor in Council rather than the minister. We know that when things go into the PMO and into cabinet, things become quite political and partisan.
Conservatives will continue to support those in the armed forces, and we are going to make sure that we are carefully studying Bill to ensure that concerns from all stakeholders, including those in the military justice system, those in the defence industry and, especially, those who have served in the Canadian Armed Forces, as well as victims' rights groups, and that their voices are heard when we study this at committee.
As I said earlier, Bill is the former Bill , with minor tweaks in language, translations and interpretation of certain clauses: 6, 67 and 68. It would amend the National Defence Act to transfer jurisdiction of most offences of a sexual nature from the military justice system to civilian authorities, including the courts, municipal police, provincial police and the RCMP. This would depend on the jurisdiction in which the offence takes place, with the exception of a sexual offence that takes place outside Canada when troops are deployed. In that case, those who are deployed would have access to the current regulations under the military justice system and the National Defence Act, and military police and the JAG, the judge advocate general's office, would still undertake those investigations with the national investigative service.
We know that section 273 of the National Defence Act provides for that. It has provided for the way that this has been dealt with historically, but there is concern about whether the civilian courts would have the capacity to take on extra cases in those jurisdictions, from the standpoint of both the court level and the police level. What are they going to do with historic cases? We already know of historic cases that have been transferred into the civilian court system that have not resulted in convictions. Instead, we have seen high-level flag officers and general officers who were found innocent or had their proceedings stayed; we have seen cases that the Crown rejected because of the way the evidence was collected by the military police and the national investigative service of the Canadian Armed Forces. We question whether that provides the justice that the victims were looking for. We definitely want to make sure that all are given a fair trial and that we support those who were erroneously charged in the first place.
What are we doing about the issue of capacity, as was previously asked by my colleague, within the military police and national investigative service when they have to do investigations outside Canada? How do they coordinate with provincial, municipal and RCMP police agencies when we are talking about things that happened on base and will require investigations done by local authorities?
Bill seeks to increase the independence within the military, one of the recommendations coming from Madam Arbour and Justice Fish, so we would avoid a situation like what happened with Jon Vance. Because he was chief of the defence staff and everybody reported to him, nobody was prepared to take on that investigation and prosecute, including the then minister of national defence, who actually had authority over the chief of the defence staff. Harjit Sajjan refused to accept evidence and walked away.
We know there are questions about how this would all work. The provost marshal, who has traditionally been a colonel, would be made a general, so we are seeing a creep of the number of flag officers again.
Conservatives question the term limits. There is an inconsistency here on how people are being appointed, now being done through order in council in the Prime Minister's Office, and we know there is going to be the ongoing issue of the length of terms: Some are for four years; some are going to be eligible for reappointment whereas some are not. Some are for seven years, and some are for 10 years. It just gets a little confusing in terms of how this is all going to work.
When we talk about the provost marshal general, the director of military prosecutions and the director of defence counsel services, we just want to make sure there is a criterion as to what we want to see for qualifications for service in positions that normally would have reported to the vice-chief of the defence staff and/or the judge advocate general. Those things are going to give these guys their independence, so they report straight to the minister and to the government. There are questions about chain of command and how that is going to work. However, these are things we can look at in committee. The same is true for the director of defence counsel services.
Consistency is important here. Qualifications are important in these appointments. We want to make sure the partisanship that happens within the Prime Minister's Office does not percolate into the Canadian Armed Forces through those who serve the forces.
The talked about trust. As I suggested in my question for him, Liberals cannot be trusted, especially when it comes to talking about bad political appointments. If we look at 2022, the Liberals appointed Laith Marouf to do a project. It turned out he was an anti-Semite, but they were supposed to be working on diversity. The Liberals appointed Martine Richard as the Ethics Commissioner. She had to drop out because she was related to one of the cabinet ministers, who currently sits today. It was a complete conflict of interest. They appointed Birju Dattani as the human rights commissioner; he turned out to be anti-Semitic. Of course, it was another terrible appointment by the Liberals.
Justin Trudeau completely ignored the Ethics Commissioner's warning about appointing Annette Verschuren as the head of the green slush fund. This resulted in a huge scandal of over $2.1 billion that she and her cohorts were able to take from that Liberal slush fund and stuff into their own pockets. We should not forget the current recently appointed Doug Guzman as CEO to the defence investment agency. It turns out Doug Guzman is a former banking buddy of the Prime Minister's from Goldman Sachs.
I do not know if we need to have these close personal friends and partisan Liberal bagmen actually getting these types of appointments. I would hate to see this being the case when we look at appointments within the national defence apparatus, when we look at those who are going to be in charge of our military justice system. That would not be fair.
The Liberals also cannot be trusted when it comes to criminal justice. They have been soft on crime right from the beginning. Bill brought in the whole principle of restraint, which puts the least onerous conditions on those who are seeking bail. This is where we get bail, not jail and repeat violent offenders going back on the street. Now, potentially, those who are committing sexual assaults within the Canadian Armed Forces will have access to that same lax and soft-on-crime approach the Liberals have implemented.
Bill is another reason we should not trust the Liberals when it comes to reforming the military justice system. The bill reformed the criminal justice system by repealing mandatory jail time and allowing very serious violent offenders to serve their sentences at home. This includes getting house arrest, not jail time, if they commit sexual assault, sexual interference or sexual exploitation. Those conditions are now going to be transferred from the military justice system, or the Department of National Defence and Canadian Armed Forces, to the civilian system, which the Liberals have almost completely destroyed.
As I mentioned earlier, we cannot trust the Liberals when it comes to dealing with sexual assault in the Canadian Armed Forces; our members know that. Again, it has been 10 years since Madam Justice Deschamps brought forward her recommendations in her report, and they did nothing, which could have stymied this whole problem.
Take Jon Vance, who was CDS at the time. He started up, after the Liberals formed government, Operation Honour, which turned into a complete fiasco and did nothing to support victims, did nothing to stop sexual misconduct within the Canadian Armed Forces and did not live up to the code of service discipline and the ethics that those who serve should be living up to.
As I said, we know that Minister Sajjan, at that time in 2018, refused the evidence of the sexual misconduct charge against Jon Vance. We know there are memos that went back and forth between the minister's office and the Prime Minister's Office on how they could cover this up to protect Jonathan Vance and, later, also protect Minister Sajjan for not acting upon evidence that was given to somebody who reported directly to him.
Gary Walbourne, who was the Department of National Defence and Canadian Armed Forces ombudsman at the time, tried to provide that evidence and was pushed away. He was completely in the right because the only person who could deal with it in the chain of command was the Minister of National Defence. We know this went back and forth. We did an in-depth study of this in the Standing Committee on National Defence. I was vice-chair at the time, as I am vice-chair right now.
That was covered up by the Prime Minister's Office through Justin Trudeau, Katie Telford and Zita Astravas. They continued to cover up that sexual misconduct and protect the minister and Jon Vance, which is beyond me. At the end of the day, when it came to charging him and prosecuting within the civilian court, the government accepted the lesser charge of obstruction of justice. It never prosecuted on sexual misconduct and sexual assault. That, again, does not live up to victims' rights in any way, shape or form. The victims of Jon Vance still feel that they were never properly served or got the justice they deserved.
This went on. The defence committee was suspended for months on end. The chair of the committee, Karen McCrimmon, refused to hear testimony and motions. She kept suspending meetings. We were in the same meeting for three months and could not do our work as the defence committee, and we could not do our work as parliamentarians. I firmly believe that our privileges as parliamentarians were violated through that process.
We did find out, through that study, that the Privy Council Office, the Prime Minister's Office, former prime minister Justin Trudeau and Katie Telford were all aware of this over the entire three-year investigation.
To make things even worse, at the end of the day, even though Harjit Sajjan, the minister of defence at the time, knew about the sexual misconduct and the gravity of the problem that was happening within the Canadian Armed Forces, the government still gave Jon Vance a raise as the chief of the defence staff. That, I think, was just adding insult to injury.
We know that when it comes to political interference, the Liberals cannot be trusted. We can look at the ongoing F-35 debacle and how they continue to politicize the procurement. Our Royal Canadian Air Force and our Canadian Armed Forces right up to the chief of the defence staff today have all said that this is the jet they need and that we should buy more of them. Of course, the Liberals continue to play political football and kick the can and delay that procurement, which is only undermining the ability of the Royal Canadian Air Force to protect us here at home and work alongside our allies.
We know about things like cash for access and the wealthy Chinese billionaires that Justin Trudeau was involved with. We know they tried to cover up the expensive holiday that the former prime minister took on his private island. The ethics commissioners found multiple breaches. We know about the witch hunt that went after former vice-admiral Mark Norman back in 2018, which was politically motivated.
We cannot trust the Liberals. They have failed our Canadian Armed Forces. They have failed our brave women and men. Our warships continue to rust out. Our jets are worn out. The army has been hollowed out and our troops no longer feel like they are respected and honoured by the government.
When we really dig in and look at Liberal policies, it is a book of empty promises, like the 2017 defence policy and the defence policy update, which are all irrelevant. The government has allowed money to lapse. Because of this lack of respect for our forces, we have a recruitment problem. We are short over 13,000 troops today. Over 10,000 are undertrained and undeployable. Our forces are short 6,700 houses.
Conservatives will rectify all the mismanagement and wrongs of the Liberal government and serve our Canadian Armed Forces.
:
Mr. Speaker, I rise today in the House as the Bloc Québécois national defence critic to address the government's response to an extremely delicate issue, namely the unfortunate occurrence of sexual misconduct. As delicate as the subject may be, it remains our duty to take a serious look at the bill before us to put an end to this scourge and ensure greater accountability as well as a healthier environment.
Let us not forget that the first allegations date back to 2015, under the Stephen Harper government. They were not yet public at the time, but what we now know goes back to 2015. Back then, former justice Marie Deschamps released a scathing report on sexual misconduct in the Canadian Armed Forces, which she found had a sexist culture that turned a blind eye to numerous cases of misconduct, and in April of that year, allegations began to surface, first in the back rooms, about the inappropriate behaviour of Jonathan Vance, who had just been appointed the future chief of the defence staff. The investigations went nowhere at the time.
On March 1, 2018, under Justin Trudeau's government, military ombudsman Gary Walbourne held a private meeting with the then minister of defence during which he tried to discuss a case of sexual misconduct implicating Mr. Vance. The victim's decision not to pursue the matter had somewhat tied the ombudsman's hands. The ombudsman wanted the minister to intervene to protect the victim because her employment relationship made her Mr. Vance's subordinate and he could easily have destroyed her career. The minister was reportedly closed and hostile. Allegedly, he flatly refused to look at Mr. Walbourne's evidence and abruptly left the meeting.
Instead, the matter was sent to the Privy Council Office. Afterwards, Mr. Walbourne tried 12 times to speak with the minister, who continued to refuse to meet with him until Mr. Walbourne retired a few months later. The Prime Minister's Office and the Privy Council Office exchanged emails to discuss the situation. On March 5, 2018, Janine Sherman from the Privy Council—the body that had taken the lead on the case by then—wrote Mr. Walbourne asking for more information. On March 5, the minister's chief of staff emailed Mr. Walbourne hoping to get more information. However, on March 9, when Vice-Admiral Mark Norman was accused of leaking documents to journalists showing that the Liberals were attempting to cancel a contract with the Davie shipyard in favour of Irving, the Liberals immediately called for an investigation against Mr. Norman. Justin Trudeau personally intervened, saying that Mr. Norman should face justice. There is a double standard here.
On March 16, 2018, Janine Sherman of the Privy Council met in person with Mr. Walbourne, who told her that the complainant did not want to pursue the matter further and was withdrawing her complaint because she had not received assurances that the Minister of Defence would protect her. That is serious. Sworn testimony subsequently given to the Standing Committee on National Defence—at a time when I was not serving on it—stated that several members of Justin Trudeau's cabinet knew about the situation. As for Prime Minister Trudeau himself, he has always denied being told about sexual allegations against Mr. Vance, stating that Mr. Walbourne never forwarded the requested documents to his office and that he was unaware of any such allegations. However, he did not clearly deny knowing that there were unknown allegations against Mr. Vance. He specified that he did not know there were allegations of sexual misconduct specifically. He did not talk about allegations at all. Of course, that did not prevent Mr. Vance's salary increase in 2019, which the Prime Minister signed off on.
The scandal became public in February 2021 when Global News reported cases of misconduct against Mr. Vance, including his relationship with a subordinate and obscene emails exchanged in 2012 with a much younger female soldier. The woman who was in a relationship with Mr. Vance was allegedly threatened by him on several occasions, according to her public statements. Mr. Vance considered himself untouchable and claimed that he owned the Canadian Forces National Investigation Service, which is a serious matter.
The individual named, before he was named, said that he could do as he pleased because he was the one who controlled the process. He thought he was a king.
The Standing Committee on National Defence, of which I was not yet a member, decided to study the allegations against Mr. Vance. The first time he testified, the former minister of defence, Mr. Sajjan, said that he had learned about the allegations against Mr. Vance from the media. He systematically refused to answer questions on the grounds that the matter was before the courts.
The testimony of Gary Walbourne, whom members will recall was the ombudsman, confirmed that he had informed Minister Sajjan and that the minister had refused to even look at the file. That cast the government in a bad light, and rightly so.
Other witnesses who appeared before the committee confirmed that the minister should have taken action and that he had a number of avenues open to him to request an investigation into Mr. Vance. Minister Sajjan appeared before the committee again in March 2021 and, this time, he agreed to speak in an attempt to defend his handling of the file. He said that he had refused to look at Walbourne's file on the grounds that he did not want to insert himself into the investigation himself and that he had not been asked to do so in any case. His explanation fell flat.
The Liberals did not hesitate to obstruct the investigation to prevent Liberal government employees from being summoned to appear before the committee. According to the testimony of Elder Marques, who worked in Justin Trudeau's office, it became clear that everyone around Justin Trudeau knew what was going on. However, Mr. Trudeau himself denied everything.
When other employees were summoned by the House, the Liberals decided to send the defence minister instead and said they would not allow the employees to testify. Well, at least they were clear. The Liberals tried to shut down the Standing Committee on National Defence several times. The committee chair suspended that particular meeting, and the suspension lasted a month.
At both the Standing Committee on National Defence and the Standing Committee on the Status of Women, the Liberals filibustered to prevent the adoption of reports that made recommendations to protect women in the Canadian Armed Forces and to make the military justice system independent from the chain of command.
Unable to escape the scandal, the Liberals decided to give former justice Louise Arbour, who is known for her expertise, the mandate to make the military justice system independent from the chain of command. That was six years after the release of the Deschamps report, which recommended exactly the same measure.
The Liberals realized that they did not know how to handle this problem and that they were starting to get into trouble, so they asked Madam Arbour to rehash the same work and repeat the things that had already been said but not done. At least they were able to buy some time, until she came to the same conclusion as to what had to be done. Even Madam Arbour was surprised when the government contacted her, because, as she said, the work had already been done.
Nevertheless, Madam Arbour's report was released in May 2022. Incidentally, Morris J. Fish had released the “Report of the Third Independent Review Authority to the Minister of National Defence” in April 2021.
That brings us to today, to Bill . Let me be clear: The Bloc Québécois will vote in favour of this bill so that it can be reviewed in committee. This bill responds to the recommendations of the two former justices I just mentioned, particularly the parts of their reports dealing with the issue of sexual misconduct. I will now speak to the bill itself.
To address recommendation 5 of the Arbour report, the government wants to definitively remove the Canadian Armed Forces' jurisdiction to investigate and prosecute Criminal Code sexual offences committed in Canada.
The bill also responds to recommendations made by former justice Morris J. Fish by modifying the appointment process for three key military justice authorities: the Canadian Forces provost marshal, the director of military prosecutions and the director of defence counsel services. This turns the appointment process into a political process, because the government, not military leadership, would choose these appointees. That way, they would be sheltered from any form of blackmail.
I would remind members that Mr. Vance, who had sexual relations with a subordinate, allegedly boasted about how the victim could not file a complaint because he had full control over military investigations. I quoted him earlier. This bill would scuttle that possibility. Vance's successor, Art McDonald, also left his position after only a few weeks as a result of allegations of sexual misconduct.
This bill now enables non-commissioned members, whose rank ranges from private to chief warrant officer, to become military judges. This measure accurately reflects today's reality: Many lower-ranking non-commissioned members are more educated than officers. For example, a person can join the Canadian Armed Forces without a diploma at the age of 17 and remain a part-time non-commissioned member, while studying full time to earn university degrees. Generally speaking, non-commissioned members are able to earn more advanced degrees.
Finally, the bill makes other, less substantial amendments, such enabling victims to get assistance from a “victim's liaison officer”. That is a good idea.
Bill responds to recommendations that should have been implemented a long time ago from reports that should not have been shelved. As such, it requires legislative changes and, in some cases, agreements with the provinces.
One of the most important measures in the bill is the removal of the Canadian Armed Forces' jurisdiction to investigate and prosecute Criminal Code sexual offences that are committed or alleged to have been committed in Canada. In other words, these offences will now be dealt with in civilian courts.
Recommendation 5 was the only recommendation in former Supreme Court justice Louise Arbour's report that required legislation for its implementation. That is why it is the only one of Justice Arbour's recommendations to be addressed in this bill. However, military personnel can arrest the accused and gather evidence while waiting for civilian authorities to arrive. It is important to understand that.
However, it remains to be seen whether restricting civilian jurisdiction to offences committed in Canada could be problematic. At first glance, the fact that the bill deals only with offences committed in Canada might seem problematic, but it is important to remember that Canadian jurisdiction normally applies during operational deployments abroad. Otherwise, local jurisdiction would apply, when a military member is on vacation abroad or taking part in training abroad, for example. In the end, it amounts to the same thing, although it will take longer to transfer the file to civilian authorities if an incident occurs during a deployment abroad.
Justice Arbour stated the following in her report: “Where the offence takes place outside of Canada, the [military police] may act in the first instance to safeguard evidence and commence an investigation, but should liaise with civilian law enforcement at the earliest possible opportunity.”
In other words, the bill goes as far as possible when it comes to granting jurisdiction to civilian law enforcement, but it remains reasonable thanks to several conditions that enable members of the military to gather evidence, for example, if a member is caught in the act and there is no room for doubt.
The bill also responds to eight recommendations made by former justice Fish in his report, including the recommendation to remove the military hierarchy's power to appoint certain justice officials. Recommendation 2 of that report calls for the National Defence Act to be amended to allow the Governor in Council to appoint military judges, who can be either an officer or a non-commissioned member, as long as they are a barrister or advocate of at least 10 years' standing at the bar of a province and have been a member of the Canadian Armed Forces for at least 10 years.
According to recommendation 7, the director of military prosecutions and the director of defence counsel services should be appointed on the recommendation of the Minister of National Defence for a term not exceeding seven years.
Recommendation 8 calls for the repeal of certain subsections of the act that indicated that the judge advocate general can issue instructions or guidelines in respect of a particular prosecution. Rather than repealing these subsections, Bill amends them to transfer that power to the Minister of National Defence.
Recommendation 10 called for a certain section of the act, stating that the judge advocate general has the superintendence of the administration of military justice in the Canadian Armed Forces, to be amended to specify that the superintendence must respect the independence of military prosecutors, military defence counsel and other statutory actors within the military justice system. Bill C‑11 therefore amends this section by adding provisions to specify the independence of the provost marshal general, the director of military prosecutions and the director of defence counsel services.
There are also other interesting recommendations, such as the ones calling for the provost marshal of the Canadian Armed Forces to be appointed by the government and for the position to be renamed so that the provost marshal holds at least the rank of brigadier-general, which is the lowest rank for generals.
The fact that the provost marshal would be appointed by politicians, meaning the military would not have the ability to revoke the appointment, gives that individual greater independence. It avoids a situation where a general could boast of having control over the judiciary.
However, the minister may appoint a judge to conduct an inquiry and report on whether they consider it necessary to revoke, suspend or impose other disciplinary or administrative measures against the director of military prosecutions in the event of misconduct.
Another recommendation is that the minister should not have the power to give directions regarding specific law enforcement decisions in individual cases. That is very relevant and important in light of what has happened in recent years. In other words, the minister does not have the power to take the place of the judiciary.
Finally, one recommendation amends another aspect and subsection of the act to allow any member of the military to make an interference complaint to the Military Police Complaints Commission if they believe on reasonable grounds that any military member or any senior official of the department has improperly interfered with a policing duty or function. This will, of course, expand the number of people who can file a complaint, including the victim.
Bill also removes military judges from the summary hearing system. I would remind the House that summary hearings deal with service infractions, including common offences such as being absent without leave, negligently discharging a firearm, wearing a uniform improperly or maintaining equipment poorly.
Currently, with offences being treated as disciplinary rather than criminal matters and trials being handled by the chain of command, these trials are anything but fair. The unit commander or officer delegated to preside over the trial can judge their own subordinates, and the accused is generally presumed guilty and dealt with summarily. Unfortunately, Bill C‑11 does not change any of that.
Bill C‑11 also expands access to victim's liaison officers to individuals acting on behalf of the victim. In other words, whereas this service was previously only for the alleged victim, a person representing the victim may now have access.
Finally, the National Defence Act is amended to ensure that the sex offender information and publication ban provisions align with the Criminal Code. Those amendments were, of course, necessary to ensure that the military justice system is aligned with the Criminal Code.
Those are the reasons we will support this bill at this stage. However, we reserve judgment on its final adoption until the Standing Committee on National Defence, on which I have the honour of serving, has conducted a thorough review.
Having said that, we are finally here, after a very long process. There have been so many years of neglect, and unfortunately, there was a bipartisan consensus to turn a blind eye to this issue and to filibuster at committee. However, we are glad to finally have something. Is it going to address all of the issues? Probably not, but at this point, we are happy that we have something. We will look at this bill and try to improve it if necessary.
:
Mr. Speaker, I will be splitting my time with the member for .
[Translation]
It is with great pride that I rise today at the second reading of Bill , which proposes a fundamental reform of the military justice system. This issue is particularly close to my heart. I have two sons and a daughter-in-law who serve in the Canadian Armed Forces. I am extremely proud of them, as I am of all CAF members and the sacrifices they have made for our country.
[English]
I am a proud military mom. One of the reasons I entered public service was to ensure that members of the Canadian Armed Forces and their families receive the care and support they deserve for the sacrifices they have made. That is exactly why Bill matters so much.
Those who protect us deserve to be protected in return. Victims of harassment and sexual assault in the military must be able to report abuse without fear of reprisal.
[Translation]
With this bill, we want to ensure that victims can pursue their perpetrators in civilian court, free from the pressure of the chain of command. We must strengthen the system to help survivors heal from their trauma, provide them with options that respect their dignity and allow them to make decisions without fearing for their future in uniform.
[English]
Bill is grounded in two landmark independent reviews, one by former Supreme Court justice Morris Fish and the other by former Supreme Court justice Louise Arbour.
Justice Fish's independent external comprehensive review, published in 2021, examined how our military justice system functions, from investigation and courts martial to oversight and accountability. He found that while the military justice system is vital to maintaining discipline and operational effectiveness, it must also align with the core principles of Canadian justice: independence, fairness and respect for the rule of law.
[Translation]
Justice Fish made 107 recommendations, several of which are aimed at strengthening civilian oversight, transferring the handling of sexual offences to civilian courts and increasing accountability within the chain of command. Bill C‑11 directly addresses these recommendations by modernizing the system and bringing the military process more in line with the civilian process.
[English]
A year later, Justice Louise Arbour was asked to go even deeper, to look not just at policies but at the culture and power structures that shape behaviour inside the Canadian Armed Forces and the Department of National Defence. In the preface to her report, she wrote words that should stop us all:
For years, women were simply shut out.
When finally allowed to serve, women were made to feel they did not belong.... They were harassed, humiliated, abused and assaulted, and, appallingly, many continue to be targeted today....
Indeed, the exposure of sexual misconduct in the CAF has caused as much damage as defeat in combat would have to demoralize the troops and shock Canadians.
[Translation]
Those words are a call to action. Justice Arbour's report contains 48 recommendations for rebuilding trust and accountability. Recommendation 5 is key: the exclusive prosecution by civilian authorities of all Criminal Code sexual offences alleged by members of the Canadian Armed Forces.
Bill C‑11 implements that recommendation. Serious offences, including sexual offences, will now be handled by the civilian justice system, offering the survivors the same protections as all Canadians.
[English]
Our government has already acted on an interim basis to implement this recommendation. Since late 2021, all new allegations of Criminal Code sexual offences involving CAF members have been referred to civilian police and prosecutors. Bill now makes that practice permanent, providing clarity, consistency and confidence to survivors and to the system as a whole.
General Jennie Carignan, when she was the chief professional conduct and culture, met with over 16,000 members of the defence team and the Canadian Armed Forces. Those 16,000 voices have told us again and again that change must be real, structural and lasting.
[Translation]
Members of the armed forces must have confidence in their justice system. Survivors should not fear telling their story or forfeiting their military career.
[English]
As our government emphasized in “Our North, Strong and Free”, harassment, discrimination and violence in any form have no place in the Canadian Armed Forces. Such behaviour causes lasting harm and undermines Canadians' trust in their military institutions.
[Translation]
That is why it is imperative to act now. I applaud the fact that the other parties in the House expressed their support for Bill in the last Parliament in a spirit of non-partisan collaboration.
[English]
Justice must not only be done; it must be seen to be done.
[Translation]
Bill will strengthen the independence of military judges, enhance oversight of military police and ensure that serious offences, including sexual offences, will now be dealt with by the civilian justice system. It will improve transparency and accountability, which will help restore public trust and encourage more Canadians to serve in a fair and reliable system.
[English]
Our government is also taking concrete action. We have established the sexual misconduct support and resource centre, fully independent from the chain of command. We have introduced a digital grievance form to lower barriers for reporting. We have repealed the duty to report, restoring choice and agency to survivors. We have also launched the Canadian Military Colleges Review Board to strengthen accountability in our institutions.
[Translation]
These measures show that we are not merely talking about intention, but also about implementation. They will enable future generations to serve in a safer, more inclusive and more respectful environment.
[English]
Bill is not just aspirational. It would enshrine these changes in law, embedding independence, fairness and protection for survivors into the very structure of the National Defence Act.
[Translation]
It is the right thing to do for our military personnel, and it is the right thing to do for our country, but this is just a start.
[English]
As a proud mother of serving members, I hope my own family and all members of the Canadian Armed Forces will never need to rely on these protections, but for those who have suffered in silence, who have lost faith in the system and who fear coming forward, we see them, we hear them and we are committed to getting this right. They have our backs, and we must have theirs.
I urge all members of this House to support Bill . Let us get it to committee for thorough study and demonstrate that supporting members of the Canadian Armed Forces is truly non-partisan. We need to do this. We need to get it right for them.
:
Mr. Speaker, before I begin, I want to thank the brave men and women of our Canadian Armed Forces for their service to Canada and Canadians.
It is with great pride that I rise today to speak at second reading of Bill , the military justice system modernization act. Now, more than ever, we need to invest in the tens of thousands of brave men and women of our Canadian Armed Forces, who work hard every day to protect Canada's sovereignty and security. Every day, Canadian Armed Forces members don the uniform and stand ready to protect and defend the people of Canada. That is why our people remain at the core of everything the Canadian Armed Forces does. When someone chooses to serve our country, it is our duty as the government to make sure they have every tool necessary to do so.
It is also our duty to make sure they are treated right. Victims of harassment and sexual crimes in the Canadian Armed Forces should not have to worry about the consequences of reporting what has happened to them to their superiors or an internal legal system. With the legislation we are proposing, we would make sure this no longer happens. We want to ensure that these victims can pursue their cases in civil court, outside the military system and far from reprisals from their superiors.
To bring about meaningful cultural change and change that will stand the test of time, we must reform the system to help victims and survivors of sexual misconduct in the Canadian Armed Forces. We must give them options and recourse that do not ostracize or isolate them, but, rather, do the opposite. We must ensure that they feel free to make their own decisions without fear of impacting their future careers in the Canadian Armed Forces. They have our backs. We must have theirs. Make no mistake that supporting our Canadian Armed Forces is a top priority for our government. We will ensure fairness and justice for victims and survivors.
The proposed changes in this legislation would have a direct impact on members of the Canadian Armed Forces in my very own riding, Bay of Quinte. My riding is home to CFB Trenton, also known as 8 Wing Trenton, which is Canada's largest and most strategically important air force base. CFB Trenton is also the largest employer in Quinte West, with more than 4,500 personnel, and it has a significant economic impact on the region. These are precisely the people we are supporting through this legislation. Bill would help us build a more inclusive, respectful and safe workplace for all of our Canadian Armed Forces members to survive and thrive, including members who serve at CFB Trenton.
We have made considerable progress over the last several years to enact meaningful and durable culture change in the Canadian Armed Forces, including by working to implement all 48 of former Supreme Court justice Louise Arbour's recommendations, as others have previously outlined. By implementing Justice Arbour's recommendations and making changes to the military justice system through Bill , we are taking a major step to make sure we keep our brave soldiers safe from harassment and misconduct in their workplace.
A career with the Canadian Armed Forces is a source of unique pride and confidence among those who have the privilege to serve. Our priority, then, as a government is to build a more inclusive and supportive fighting force. It is important to grow a Canadian Armed Forces that reflects the diversity of Canada and Canadians. We know that a more modern military with an inclusive culture will also have a positive impact on recruiting and retaining members.
We are building a 21st-century workplace where Canadian Armed Forces members will feel safe to report incidents. Our forces expect this of us. They expect a workplace where CAF members are treated fairly. In other words, changing the culture of DND and the CAF is not simply the right thing to do; it is essential to the readiness and operational effectiveness of our institution, and it has tangible impacts.
This year, recruitment has reached a 10-year high. We are on an upward trajectory, but there is more to be done, and Bill is part of our plan to create a safe workplace environment and change in the culture inside the Canadian Armed Forces. Our government has heard the voices of our people loudly and clearly. We have listened and we have acted. We now know there is much more work to be done, but we are making concrete and measurable progress. Bill demonstrates that anyone who wishes to join the CAF will have access to a fair and reliable legal system.
I want to reiterate the importance of Bill . It would lay the foundation for an improved military culture by modernizing the military justice system, improving support to victims and providing exclusive jurisdiction to civilian authorities to both investigate and prosecute Criminal Code sexual offences committed in Canada. We believe Bill C-11 is an important step in a journey designed to achieve durable and lasting institutional reform.
In conclusion, members of our armed forces serve our country with courage and dedication. That is why it is important for the government to take the need to change military culture seriously. Therefore, I encourage all of my colleagues to support this crucial bill to change the lives of our men and women in the Canadian Armed Forces for the better. I hope we can all work together to make sure that Bill passes quickly. Our forces are counting on us.
I want to thank our brave armed forces, especially those at CFB Trenton my riding, for their sacrifice and service to our country.
:
Mr. Speaker, I would first like to say that I will be sharing my time with the hon. member for .
I rise in the House to address two crucial issues that go to the heart of our national security and our commitment to those who serve our country. The first issue is in regard to Bill , the military justice system modernization act, a piece of legislation that would fundamentally reform our military justice system. The second issue is in regard to the urgent need for a complete overhaul of the Canadian government's procurement process for military equipment, an area that has been totally neglected and plagued by chronic delays and inefficient bureaucracy. Together, these issues underscore the urgency of protecting our military and strengthening our defence.
Let us start with Bill C‑11, which is basically a repeat of Bill from the 44th Parliament, with minor adjustments. This bill amends the National Defence Act to transfer jurisdiction over sexual offences to civilian authorities when these offences occur within Canada. This measure is in response to key recommendations in the reports by Justices Deschamps, Fish and Arbour, which the Conservatives have always supported.
We firmly believe that all members of the Canadian Armed Forces deserve a safe and respectful workplace, free from sexual misconduct, discrimination, racism or harassment. Those of us on this side of the House will continue to address these issues, putting victims' needs and rights first, in accordance with our criminal justice policy.
However, this bill is not without its flaws. Offences committed abroad will still be under the Canadian Armed Forces' jurisdiction, which is consistent with section 273 of the National Defence Act. This discrepancy poses problems. By removing the CAF's jurisdiction to investigate and prosecute cases of sexual misconduct in Canada, there is a risk of losing essential practical skills. How will the Canadian Armed Forces maintain their expertise if they no longer manage their internal affairs?
One positive aspect is the increased independence of the director of military prosecutions, the director of defence counsel services and the provost marshal general. These positions will now be appointed by the Governor in Council, reporting directly to the Minister of National Defence, with limited terms of office. This strengthens their independence outside the chain of command.
The provost marshal will be added to the list of senior officials, along with the chief of the defence staff and the deputy minister, who must have any complaints against them reviewed by the minister. However, there are still some inconsistencies. There are arbitrary differences between these positions with regard to their term of office and whether it is renewable.
What is more, this bill grants the Minister of National Defence more power to issue written instructions or directives on particular prosecutions. That opens the door to potential political interference, a risk that we, as Conservatives, cannot ignore, especially given the Liberal government's track record of interference.
Financially speaking, this bill is alarming for accused persons. Right now, the Department of National Defence covers the prosecution and defence costs, but in the civilian system, accused persons would have to pay for their own lawyers, whose fees could reach six figures. That could discourage justice and expose members of the Canadian Armed Forces to false accusations without support.
Despite the Deschamps, Fish and Arbour reports, victims are still waiting for justice after 10 years under a Liberal government. We, the Conservatives, accepted all of the recommendations in the Deschamps report, and we cannot understand why the Liberals have been dragging their feet for so long. We want to hear from everyone involved. We are proud of our men and women in uniform and we support them unconditionally.
Since we are talking about the Canadian Armed Forces, I would be remiss if I failed to mention the serious need for a complete overhaul of the government procurement process for military equipment and services. This inefficient and outdated system is filled with red tape and engenders costly delays that weaken our defence.
According to open sources, like government reports and media analyses, Canada has had equipment procurement issues for decades. For example, projects like the Canadian Army vehicle procurement project, which is worth up to $1 billion, face significant barriers, chronic delays and skyrocketing costs.
The , who, we must remember, is a former Goldman Sachs banker, is responsible for accelerating defence spending in order to meet our NATO commitments. We were supposed to reach a minimum of 2% of gross domestic product, but demands are currently reaching 5%.
There are consequences to that. Right now, we all agree on the idea of investing more in defence. However, there is always a “but”. That “but” is the procurement system. The Liberals will tell us that, last week, they announced a new agency. Again, it is a new agency. All this government has done since it came to power is create new bureaucratic structures.
However, there is a way to manage much more efficiently with the current structure by giving specific directives to the public servants and deputy ministers in place at National Defence, at the procurement service and in the industry. That way, the government would not need to create a bureaucratic structure that will take time to set up and might work eventually, but, for the time being, only adds more red tape.
Things can move quickly if the will is there. Here is the proof. When the Conservative government was in power and we were at war in Afghanistan, we had urgent equipment needs on the ground. This included planes, helicopters, vehicles and personal protective equipment. Former prime minister Harper issued a directive indicating that he wanted to have equipment as quickly as possible, on time and on budget. It got done. Where there is a will, there is a way. The proof is that this happened under the Conservative government. On the Liberal side, they like to build a big bureaucracy, but decisive operational leadership can get things done too. This would go a long way to improving Canada's military procurement system, which has been a train wreck for the past few years.
We do need to reform the military justice system because this system has become a problem, particularly in cases of sexual assault. However, we should keep in mind that a dichotomy will be created by the loss of capacity within the teams that are currently responsible for prosecuting cases that occur abroad versus those that will be responsible for civilian proceedings in Canada. It is important that we have a system that ensures that military judge advocates working on the front lines, as well as the commanding officers carrying out their duties abroad, retain their expertise. We must not lose this strength.
On the military procurement front, we have moved beyond the stage of fine words. We have responded to a request from the U.S. and NATO, and we want to move forward. However, too many companies in the defence sector are still coming to me saying that they are unable to reach anyone within the Government of Canada. No one answers their calls, their emails or their requests. They have a much easier time selling equipment in other countries, while in Canada, their hands are tied. I am not talking about one company, but several companies at all levels, from major multinationals to small companies that make equipment as commonplace as chests for storing weapons, but also other equipment that could be used right now on the ground in Ukraine. A company in Montreal has to sell its equipment in Great Britain in order for that equipment to reach Ukraine because Canada is not answering its calls.
These are observations. As far as Bill is concerned, we support the idea, but there are adjustments to be made. This has been dragging on for a very long time. I do not know why we are still talking about something in 2025 that should already have been resolved. Let us hope that things speed up and that adjustments will be made. As for military procurement, it is high time that we acted quickly for the Canadian Forces, for the security of the country.
:
Mr. Speaker, I do not want to say this is a tough bill or a tough speech for me to give, but I do have my own unique military background, which includes having spent 25 years in the Canadian Armed Forces, and I spent a lot of that time as a presiding officer. Fortunately, as a presiding officer, I did not have to oversee sexual misconduct cases. Those would go to court martial and were never in my purview.
Let us back up to how we got to where we are today. Reference has been made to Madam Arbour's report, and before that there was Madam Deschamps' report. I want to share with everyone how shocked and disappointed I was when the Deschamps report came out. I was literally flabbergasted.
The Canadian Armed Forces is representative of a cross section of Canadian society. We are going to have bad apples and phenomenally good people. I was somebody who was an infantry officer, who served in a combat arms unit, which gets a bad rap a lot of the time, and I had never personally witnessed any of these cases. It was shocking when it came out because I had not had feedback shared with me by my former female colleagues in our Canadian Armed Forces. I reached out once that report came out and asked some of them about it. Some of them were senior officers. The horror stories that I heard just absolutely blew me away. Unfortunately, there have been challenges within the Canadian Armed Forces when it comes to sexual misconduct and justice for the victims being delivered.
I am sharing this because it is important that we get it right. We cannot just overreact. The military is no different than any other organization. Sometimes a solution creates two other problems. We have to make sure we are looking at this from all angles, both for the victims and the accused. The reason I bring up the accused is that we just have to go back over the last half-dozen years or so to see that some very senior officers had allegations brought up against them that in the end turned out to be unsubstantiated. In some cases, the officers were acquitted.
One of my best friends, a still-serving brigadier general, has done a phenomenal job. This goes back to almost 10 years ago. I think it was around 2015 when he was unjustly accused. Fortunately, due to the system finally sorting it out, he has been able to successfully maintain his career in the Canadian Armed Forces. He has been promoted a couple of times since then and currently serves.
I am just bringing that up because it is important that the system works in an impartial way to address the issues. We absolutely have to stamp out any sexual misconduct that occurs anywhere in society, while at the same time making sure that due process is followed.
There are about five elements to this bill from a summary perspective. I want to touch on each one of them slightly, except for one. The first one is that it obviously amends the National Defence Act to transfer jurisdiction of sexual misconduct offences to civilian courts when they take place here in Canada.
The talked about this in her speech. I asked her how it is working so far, and she is committed to getting the data. This ties into another question that I had already asked. We now have about three-plus years of data. I want to know how many cases are being accepted by the civilian courts. What are the findings? Are any of them being delayed? I am concerned about the Jordan principle, because, again, if justice is delayed, these victims will not get the justice they need.
Another aspect to this transfer is that, unfortunately, the cases that occur overseas while our military members are deployed would still be prosecuted by our military police within the Canadian Armed Forces and within our military justice system, with its prosecutors and judge advocates general. This was a question that was brought up during a technical brief. It was asked, and I do not want to say we have been reassured, but the government has been talking about the fact that there is going to be training. My concern is that training has to be really good because why are we saying that our military police, judge advocates general and the military justice system are not good enough to deal with cases here in Canada, but they are good enough when they happen overseas?
Those are the first two points of the bill that would change certain things.
Another aspect of the bill is that it would increase the independence of the director of military prosecution, the director of defence counsel services and the provost marshal general by having them appointed by the Governor in Council and report directly to the minister of national defence with term limits. I am not going to get into depth on that. I do think there are questions that can be asked in the review process of the bill as to how it would actually change anything internally or externally with the independence.
I think it is a little, I do not want to say mythical, but in my experience, and I can speak only from my experience, our military police were very much granted independence for everything they did. It was very much frowned upon and stamped out if somebody in the chain of command tried to interfere with the process going forward. I have had nothing but positive feedback in dealing with our military police, our national investigation service and our judge advocates general in the prosecutions that have taken place.
I talked about the importance of the data. One of the issues, though, that needs to come up as well is that if somebody is alleged to have done something wrong in the military system, they are provided with military defence counsel, but as soon as a case goes into the civilian courts, and if it is one of our soldiers, sailors or air crew who has been alleged to have done something wrong, they are no longer entitled to military defence; they are on their own dime.
I have already provided one example, and there are a couple of others I can think of, where the people who have been alleged to have done something wrong went through the process, and rightly so, but when it was determined that they in fact had done nothing wrong, it cost them literally tens of thousands of personal dollars, if not more. Their only way to get any coverage back was to sue the government or the Department of National Defence and the chain of command, to be reimbursed through civil litigation, which takes way more time.
It is a question I have; I do not know what the right answer is. I am hoping that when the bill gets to committee or goes through the amendment processes, the government considers how it is going to handle that.
What I want to talk about in the last bit of my speech is a bit more technical in nature. I have asked the question; I have not gotten a response back from the ministers or the department yet, but it is interesting that the bill would lay out a deadline for the provost marshal general, as it would now be called, to provide an annual report, a deadline of three months. I am wondering, so it is more of a question the government can take note of because I do not have a response yet, why was there not a similar timeline included for the judge advocate general when the government was updating the military justice system with the bill ? They are mandated to provide an annual report, but there is no timeline on it.
The second question I have that is tied to the previous one is this: What is the “so what”? What would be the repercussions if the provost marshal general did not submit a report on time? What would happen to them?
Ultimately the military justice system is a system that I believe is crucially needed within the military. It ensures service disciple. However, obviously we need to make sure the victims are taken care of. The decision has been made; this has gone forward, and we are moving to civilian courts to prosecute any sexual misconduct. Our military justice system, I fully agree, needs to be improved; however, my only concern is, let us not fix the one problem while creating one or two others.
I am optimistic that all parties can work together to come up with a way to make sure that the bill is the best bill possible to ensure that everyone in the Canadian Armed Forces, men and women who serve this nation, are properly protected.
:
Mr. Speaker, I will be sharing my time with the member for .
We are here today to debate an important bill: Bill , the military justice system modernization act. This bill addresses the long-standing concerns raised by victims and survivors in the Canadian Armed Forces and veteran community. This bill is a crucial step in responding to sexual trauma in the military.
As a government and as elected members, we have a duty to ensure that veterans and those currently serving in the Canadian Armed Forces receive the support and justice they deserve. Bill C-11 marks a turning point in this journey.
No one can fully understand the relevance of Bill C-11 without grasping the scope of military sexual trauma and its repercussions. Military sexual trauma, also known as MST, is a serious problem that affects a large number of veterans. It encompasses experiences of sexual harassment, assault and other forms of sexual violence that occur during military service. This type of trauma can have lasting and devastating effects on the lives of those who experience it, as it can impact their mental health, emotional well-being, personal relationships and overall quality of life. The effects of this type of trauma extend beyond the individual and are felt in families, personal relationships and communities.
It is a systemic problem that affects many people who have dedicated their lives to serving our country. The Sexual Misconduct Support and Resource Centre provides support services for current members of the CAF, as well as for veterans. However, it can be difficult for victims to seek help and request the services they need.
Bill is an historic piece of legislation that recognizes and responds to the unique needs of survivors of military sexual trauma. For too long, MST survivors have faced insurmountable barriers to obtaining justice and holding perpetrators accountable for their actions. Bill C‑11 introduces measures that enhance transparency and accountability within the military justice system. This bill implements recommendations made by former justices Fish and Arbour to strengthen the military justice system. It provides a mechanism that will allow survivors to file complaints in a way that respects their dignity and ensures that their voices are heard.
This bill establishes a clear framework for investigating and responding to allegations of sexual misconduct while also promoting an environment of accountability and justice. In doing so, it not only supports survivors in their quest for justice, but also sends a strong message that this kind of behaviour will not be tolerated in the Canadian Armed Forces. Through this legislation, we are proposing transformative measures to transfer the investigation and prosecution of sexual offences alleged to have been committed in Canada by members of the Canadian Armed Forces to the civilian system.
Another pivotal element of Bill is its emphasis on culture change within the military and veteran communities. Addressing MST effectively requires a shift in attitudes and behaviours at all levels of the military establishment. Ultimately, this legislation will help us create a safer, more inclusive and more respectful workplace where CAF members can thrive.
As I mentioned earlier, this bill will also have a significant impact on veterans. The trauma resulting from these experiences can often lead to a range of challenges, such as PTSD, depression, anxiety and other mental health issues. These challenges often arise years after their service has ended.
It is therefore the responsibility of Veterans Affairs Canada to support veterans. This department will continue to play a crucial role in supporting individuals who have experienced sexual violence in the military, by ensuring that they have access to the resources they need to recover from their trauma and by advocating for their needs. Veterans Affairs Canada places the highest priority on ensuring that veterans and their families have access to the services they need when and where they need them.
That is why the department offers a whole host of programs and supports for individuals who become ill or injured in the line of duty, including victims of military sexual trauma. Veterans Affairs Canada ensures access to specialized services and to the supports needed to appropriately address impacts on their personal health and well-being. We are committed to meeting their needs.
The collaboration between the Department of National Defence and Veterans Affairs Canada will help ensure the well-being of those who serve and have served our country in uniform.
I would like to acknowledge the government's determination to implement this important bill, which will change the lives of many members of the armed forces, as well as veterans. There was an urgent need to undertake this reform of the military justice system and put in place the legislative changes needed to effectively address the issue of MST.
This government's commitment to improving the military justice system, strengthening support for survivors and fostering a culture of respect and accountability remains unwavering. It is a collective responsibility that requires the co-operation, understanding and action of all stakeholders concerned.
Our government recognizes the unique needs of the women and men who have experienced sexual trauma while serving in the Canadian Armed Forces. That is why we are taking action by introducing this essential bill. I hope that all of my colleagues in the House will support this bill, which is important for our country's military community and veterans.
In closing, I want to reaffirm our commitment to those who have served our nation. MST is a serious problem, but by passing Bill C‑11, we will take an essential step toward tackling it with the seriousness it deserves.
I want to thank all the members of the Canadian Armed Forces and the veterans who have served our country and sacrificed so much to protect Canada, our democracy and our values. It is our turn to support them, and Bill C‑11 is part of our crucial measures for improving the culture in the Canadian Armed Forces.
:
Mr. Speaker, I am pleased to rise today in support of Bill , the military justice system modernization act.
[Translation]
As a member of the Standing Committee on National Defence, I know how important this bill is to the military community and to veterans.
[English]
I would like to spend some time today talking specifically about the importance of creating lasting and meaningful cultural change in the Canadian Armed Forces, as well as our efforts toward the modernization of the military justice system.
All members of the House know the outstanding work that our Canadian Armed Forces carry out on behalf of Canadians both here and abroad. Our forces deploy all over the world, responding to regional crises, participating in international exercises and so much more. Our forces also deploy here at home to support Canadians, as we have seen in some specific incidents.
As the and many of my colleagues have already mentioned, it is our job to support our brave men and women in uniform. They carry out crucial work to keep Canadians safe, and it is our responsibility to create a professional and safe work environment for them so they can strive to reach their fullest potential. This is what Bill is all about. Bill C-11 proposes to reform the military justice system to ensure it is more transparent so that it can respond effectively and efficiently to the needs of our members.
Over the past few years, National Defence has received various external reports and reviews. These include the independent external comprehensive review and third independent review of the National Defence Act, which were overseen by former Supreme Court justices Louise Arbour and Morris Fish, respectively. These reports speak to the need to reform and modernize the Canadian Armed Forces to ensure that misconduct in any and all forms is a thing of the past. This is about restoring trust in our institutions and proving to our members that when they come forward with any concerns regarding misconduct in the workplace, these concerns will be taken seriously.
Before delving in to the broader cultural change efforts being undertaken at National Defence and in the Canadian Armed Forces, I would like to lay out the changes that are proposed in the bill in question. The proposed amendments to the National Defence Act seek to, first, modify the process for the appointment of the Canadian Forces provost marshal, the director of military prosecutions and the director of defence counsel services; second, expand the class of persons who are eligible to be appointed as a military judge to include non-commissioned members; third, affirm the judge advocate general's respect for the independence of authorities in the military justice system while exercising its superintendence of the administration of military justice; fourth, expand the class of persons who may make an interference complaint and provide that a member of the military police or person performing policing duties or functions under the Canadian Forces provost marshal's supervision must make such a complaint in certain circumstances; and fifth, change the title of the Canadian Forces provost marshal to the provost marshal general to align with the titles of other senior designations in the Canadian Armed Forces, such as the surgeon general, the chaplain general and the judge advocate general.
[Translation]
The amendments proposed in this bill aim to reform the military justice system by making it more transparent and responsive to the needs of Canadians. However, these crucial institutional changes are only one aspect of our efforts.
National Defence is grappling with the difficult realities and experiences of our military and civilian members, including some who have been the targets of wrongdoing, harassment and crimes of a sexual nature. The has therefore started taking important steps to prevent this problem and find possible solutions.
[English]
One of the principal examples of our efforts is the creation of the sexual misconduct support and resource centre. This centre is a major step forward in providing supports to our members. The centre and its resources are available to current and former defence team members, cadets, junior Canadian Rangers aged 16 and older, and family members of the defence community. This means we are able to provide real support to all those who are affected.
We also doubled down on our efforts with the creation of the chief professional conduct and culture in 2021.
[Translation]
That individual is responsible for developing policies and programs to address systemic misconduct, improving tracking mechanisms for reports of professional misconduct, and leading efforts to develop a professional conduct and culture framework that tackles all types of discrimination, harmful behaviour, biases and systemic barriers.
The steps we are taking to respond to Justice Arbour's 48 recommendations and those from the other reports will ensure that future generations of the Canadian Armed Forces have access to more resources and a healthy and respectful work environment. However, we know there is a lot more work to do. Bill is just the first step.
I would now like to discuss the measures that National Defence is taking.
[English]
To provide context and set the scene, we should start with Justice Arbour's report, “The Report of the Independent External Comprehensive Review”, also known as the Arbour report. In April 2021, Justice Arbour launched a comprehensive review with the aim of examining harassment and sexual misconduct in the Department of National Defence and the Canadian Armed Forces. This was a comprehensive review that spanned over 12 months. Justice Arbour carefully reviewed all policies, procedures, programs, practices and culture in National Defence and the military justice system. The final report included 48 recommendations, 17 of which could be immediately acted on. The previous minister of national defence accepted all 48 recommendations on May 30, 2022.
I would like to highlight two key recommendations that Justice Arbour made and share the progress we have made on them thus far.
Recommendation 11 relates to the repeal of the duty to report regulations. In the findings, Justice Arbour concluded that these regulations took away the agency and control of survivors in the reporting process, which would potentially lead to the revictimization of these individuals. The repeal of the duty to report came into effect on June 30, 2024, and we continue to work with the leadership to ensure we are prioritizing trust and safety in our reporting as well as the agency and choices of victims, survivors and affected persons.
Recommendation 48 calls for the Minister of National Defence to appoint an external monitor to oversee the implementation efforts of the IECR's recommendations. We took swift action on this important measure. The minister at the time appointed Madame Jocelyne Therrien as external monitor. Madame Therrien provides monthly progress reports to the Minister of National Defence on the implementation of the report's recommendations.
It is clear that our government has been working diligently to make real, tangible progress on the recommendations in front of us, but we know that there is more to do. At its core, this legislation is about protecting, supporting and empowering our people. We know that members of the forces and their families have our backs, and it is our responsibility to have theirs. As a supporter of our Canadian Armed Forces, I am proud to see the investments our government is making in the defence of our people, both through new financial commitments and our commitments to lasting cultural change.
Let me be very clear. The Department of National Defence and the Canadian Armed Forces maintain an unwavering commitment to implementing the recommendations of former Supreme Court justices Arbour and Fish. Bill proposes to help us implement some of the recommendations from former justices Arbour and Fish to ensure that members of our forces have a safe and professional work environment to carry out the difficult tasks ahead of them.
:
Mr. Speaker, I will be sharing my time with the member for Moose Jaw—Lake Centre—Lanigan.
I rise today to speak to Bill , the military justice system modernization act.
Let me say right from the start that I support the intentions behind this bill. It aims to make our military justice system fairer, protect victims better and increase accountability. These are important goals. I think all of us in the House, especially on the Conservative side, agree that justice and fairness must be part of everything we do, including how we run our armed forces.
That said, we also have a duty to ask tough questions to make sure that while we are fixing one problem we are not creating new ones somewhere else. I want to raise a few concerns. They are not political attacks but honest concerns about how this will work in the real world with real consequences for the men and women in uniform.
One of the biggest changes in this bill is that sexual offences that occur in Canada would now be handled by civilian courts instead of the military. On paper, that makes sense. We want victims to feel safe coming forward, and civilian courts have experience handling these cases. This could lead to better outcomes for victims.
However, here is a question: What happens when something like this happens overseas during a deployment or mission? Our military operates around the world in peacekeeping, training missions and sometimes in combat zones. In many of those places, civilian police and courts are unavailable.
If the military does not have jurisdiction over certain offences, who would handle those cases when they happen abroad? The bill implies that jurisdiction overseas would revert to the National Defence Act and be handled under the code of service discipline. In other words, it would be handled by the military. If military justice is not suitable in Canada, how is it suitable overseas? Would victims feel that justice has been served by a system not deemed good enough at home? This needs to be addressed.
The second thing is command authority. Military discipline is different from civilian life. The military justice system exists to maintain order, morale and operational effectiveness. It gives commanders the tools to act quickly and firmly. This bill would risk taking too much control away from commanders. If issues have to go through a long civilian process with no clear chain of responsibility, our ability to act fast in critical situations is compromised. Commanders should not have unchecked power, but they must be involved, especially during active missions. Let us not weaken their ability to lead and protect their troops.
The third thing is independence versus bureaucracy. This bill would give more independence to roles like provost marshal and director of military prosecutions. In theory, that supports fairness and impartiality. However, we must be careful not to create a system so wrapped up in bureaucracy that it becomes slow or even politicized. Our soldiers deserve a justice system that is efficient, focused and responsive, not one bogged down in red tape.
The fourth thing is communication between systems. Let me give members a real-life example I was told about recently. At a military camp last year, a serious incident of a sexual nature occurred. It was reported by the military to civilian authorities right away and the RCMP took over the case, which is exactly as this bill envisions. However, once the RCMP had the file, there was no communication back to the military. As a result of not knowing what restrictions were to be sent down the chain of command, the military sent both the victim and the accused home on the same bus. That should never happen. That is not a failure of values. It is a failure of process.
Nowhere in this bill is there a formal mechanism for communication between the RCMP and the military. Without one, this kind of situation could happen again and again. If we are going to transfer cases to civilian courts, there must be clear communication every step of the way. The military still has to manage the members involved as long as they are active service members and protect both the rights of the accused and the safety of others.
Finally, this cannot be “set it and forget it”. We need to keep watching this bill as it rolls out. That means oversight, regular reviews and honest discussions about what is working and what is not. Because we overcivilianize the military justice system, we forget that it serves a unique and high-pressure environment, and we risk weakening it. If we weaken military justice, we weaken our ability to maintain order, protect victims and defend this country.
I will say in closing that I support the goals of Bill . I support protecting victims. I support making justice fair and seen to be fair. However, we must think carefully about the real-world impacts of these changes. What happens when offences occur overseas? What happens when communication breaks down? What happens if the military loses the ability to act quickly when it matters most?
These are not hypotheticals; these are real questions that affect the lives of our armed forces members and their families. Let us pass the bill, but let us do it with our eyes open. Let us strengthen military justice, not slow it down. Let us protect victims and protect discipline. We can do both, and we must.