Government Orders

Bill C-11, Military Justice System Modernization Act · Report stage · now law Where it stands

What the law does

The law removes the military's authority to investigate or try sexual offences under the Criminal Code that are alleged to have taken place in Canada. It alters appointment processes for military prosecutors, defence counsel, and the provost marshal, who is renamed the Provost Marshal General. The law also expands who can become a military judge, removes those judges from the summary hearing system, and lets people acting for victims request a liaison officer.

Official text (opens in a new tab)

52 statements

William Stevenson, Yellowhead

Conservative
“I want the member to tell us what regular military members have told him about this issue outside of committee.”
Official Hansard

Mr. Speaker, the hon. member talked a lot about the committee and that sort of thing. The hon. member has the role of shadow minister. Could he explain some of the interventions he has had with people outside of the committee, such as the regular forces who have come to him and the everyday experiences he has had, back and forth, with them?

Blake Richards, Airdrie—Cochrane

Conservative
“Veterans feel the government keeps telling them they ask for too much. Veterans deserve respect and the support they earned by serving our country, but they are not getting it.”
Official Hansard

Mr. Speaker, if I were to really summarize what I hear from veterans all the time, and I hear it frequently, it is probably summarized best in the words of former prime minister Justin Trudeau when he told veterans they were “asking for more than we [can] give”. That is what veterans feel like they are being told by the government, consistently and constantly, that they are asking for more than we can give. Frankly, we can never give enough. Our veterans, who serve the country, who are willing to lay down their lives for the country, deserve to be treated with respect. They deserve to have what they are entitled to for the service they gave to the country. Right now, they are not seeing it and they are expressing their alarm.

Blake Richards, Airdrie—Cochrane

Conservative
“Veterans risk their lives for Canada when the government asks them to. In return, they expect the government to care for them and listen to them. That is not happening right now. The government needs to give veterans what they deserve.”
Official Hansard

Mr. Speaker, I am not sure that anyone here is suggesting that. If we are to talk about workplace safety, let me talk about the workplace our veterans serve in. Our veterans are willing to lay down their lives for this country. They put themselves in the most difficult positions, ones that any of us could never even imagine. They do that because the government asks them to do that. The only thing that they expect in return is that the government takes care of them and listens to what they need. That is not happening under the government. It is about time the government starts listening to veterans and providing what veterans deserve.

Cathay Wagantall, Yorkton—Melville

Conservative
“This bill takes away choices from victims of sexual crimes in the military. It only does what is best for the government and the armed forces, not what is best for survivors.”
Official Hansard

Mr. Speaker, I appreciate, having listened to and read a lot of the testimony, that what the member just mentioned about the concerns of one of those witnesses is absolutely true. At the same time, Donna Van Leusden said, “For many years, survivors in the Canadian Forces had limited or flawed options, but they still had options. Under this bill, for Criminal Code sexual offences committed in Canada, survivors are given none.” She goes on to indicate that it should not be an either-or but a both-and. We know that victims come with different perspectives. What the government has done is chosen what is best, most applicable and appreciated by itself and the Canadian Armed Forces. It removes it from the very place where the issues are being done. They—

Cathay Wagantall, Yorkton—Melville

Conservative
“I do not want this bill to pass in its current form. It moves all military sexual assault cases to civilian courts. Survivors of military sexual trauma want the choice to use either civilian courts or the military system, but the government is ignoring them.”
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    “Everything has to go directly to civilian police and civilian courts.”

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Official Hansard

Mr. Speaker, I have no experience in the military, and I do not serve on the national defence committee, so why am I here? I serve on the Standing Committee on Veterans Affairs. I have been there since 2015. As a matter of fact, I am the matron of the committee. I am the only one who has been there this entire time, outlasting a decade’s worth of 10 ministers and different members every time the government has had an election. I have experienced everything on that committee, in my heart and in my mind, with all of those who have come to share their stories and their concerns. I am standing here today simply on behalf of the survivors of military sexual trauma in whatever form. We did a study of women in the military, and out of that study came the report “Invisible No More”. Survivors spoke of their experiences, and I have to say there is no other way to hear what the government should be doing than to sit down and not just read the report but watch and listen to every one of those individuals who took the risk, and were brave and courageous, to come and share exactly what has happened to them in the military. I am hearing the concerns that it was so devastating, and it was not treated properly, so we are going to move it all over to civilian court. These women know what is happening here. They are not being heard and are not being respected. They do not want to have everything shifted over to the civilian court. There are reasons for that, which are rational and were shared at the committee, and they are being completely ignored. Why? It is because the government wants it to go away. It wants our national defence to be able to function without this in the rear-view mirror. That is not what the survivors want. They want the option to take their perpetrator to civilian court or to do it within the military. As a matter of fact, if members read all of Bill C-11, they will see there were good reasons, and means, to also give them the choice to move between the two. This is not complicated. It could be done, and every member of the military who has been attacked in some way should have the opportunity to have that choice. Out of that same report, “Invisible No More”, a recommendation came forward to have a VAC women veterans council. It was announced on December 2, 2024. I was at the installation ceremony for the members who were chosen and celebrated the creation of the council that spring. It joined a plethora of advisory councils that have had minimum input and minimum impact on the decision-making of the government. Believing that their contribution would be different, the members were excited, and then time went by. I attended a major conference where members of the council were represented, and they were praised for their participation and input in making this conference take place. I later learned from a number of them that no, it was just word salad. They were not consulted. On January 14 came a letter of resignation from six out of the 12, including five of the eight Canadian Armed Forces members, who put in their letter of resignation because they saw none of what they had expected to have happen in that group. This is what the letter said: Today, more than ever, we believe in the importance of coming together, speaking collectively, and demanding accountability. Meaningful change will not come from symbolic structures or performative consultations, but from clear institutional commitment, dedicated and transparent funding, and mechanisms that genuinely recognize lived experience as expertise. This is something I have come to realize over my decade plus on that committee. These women are always considered, but they are never recognized as experts in what they present at that committee. We are seeing that again today in the way they are being responded to. In response to Bill C-11 in its original form, concerns actually came to light at an appreciation event for women who served in the Canadian Armed Forces, including those who had contributed to the study, that was sponsored and put on by the Liberal women MPs on the veterans affairs standing committee. I was not formally invited, but I showed up. It was there that these contributors expressed openly that they were not happy with Bill C-11 and that it would not do what they need it to do. I had the opportunity to represent them and talk to my colleagues in national defence. They listened. The government is not listening. As a matter of fact, it is being punitive to the very people it should be supporting. I am just going to quote a couple of the individuals I have come to know and be good friends with. I love their tenacity, their grit, their truthfulness and the fact that they do not see themselves as victims. They are survivors, and they love the armed forces. Their biggest desire is to see this gone, but they do not believe that can happen if suddenly there is no accountability. We know that the chain of command is culpable here. It is part of the problem. I get the rationale, but it is not right, and it is punitive to the very people the government should be supporting. I am going to quote Donna Van Leusden. She said: For many years, survivors in the Canadian Forces had limited or flawed options, but they still had options. Under this bill, for Criminal Code sexual offences committed in Canada, survivors are given none. Everything has to go directly to civilian police and civilian courts, regardless of what the survivor needs, prefers or feels safe with. That is not trauma-informed— That creates trauma. That is sanctuary trauma. —and that is not survivor-centred. It may offer less flexibility than the military system ever did. She was involved in actually putting together a program that they could have function within the Canadian Armed Forces. They were even doing tests, and it was working. There are a lot of members of the Canadian Armed Forces who have seen what has gone on and did not want to be part of that, do not want to be part of that, and looked forward to having this as an option. It was shut down. I am going to quote Christine Wood, who is the one who bravely said at that meeting of the committee and veterans that they were not happy with Bill C-11, and she explained why. She said: I’m absolutely opposed to the transfer of military sexual offences to the civilian justice system. I support the creation of an independent system of justice for sexual crimes within the military. We have different views, do we not? However, it is not an either-or. It is a both-and. She went on to say: I support it because the CAF must uphold [its] own good order and discipline. That responsibility is essential for transparency and accountability. Limiting survivors to a single pathway to justice weakens our agency rather than strengthening it. We want choices. To be clear, I’m not defending the status quo. The military justice system...failed me [too, but] replacing one system that’s broken with another system that completely and consistently fails victims of sexual offences does not create justice. It simply relocates the problem, and...removes the responsibility of the CAF for fixing it. Transferring all Criminal Code sexual offences will, in my view, increase the number of high-harm incidents. This is important. Low-level sexual misconduct must be both reported and pursued, because these are the early warning[s]...of a toxic, sexualized culture. Requiring a young, newly enrolled CAF member to walk into an RCMP detachment to report a low-level incident is unrealistic, and it will suppress reporting. Heather Vanderveer said, “Survivor autonomy is one of the strongest predictors of recovery after institutional betrayal and sexual trauma. Bill C-11 risks creating a system where survivors feel processed through the justice system rather than empowered within it.” This is wrong, and it is going to cause more problems than it fixes.

Cathay Wagantall, Yorkton—Melville

Conservative
“I voted for the report to support people who were hurting and to push for change. That recommendation still needs to happen.”
Official Hansard

Mr. Speaker, the tone in which the member presented his question is appreciated. I voted for the report. When we voted for that report, we were saying to all those suffering individuals that we were there for them, we heard them and we wanted to see change. I voted for that recommendation at that time. Over time, those same individuals who gave testimony have had time to process it. What is interesting is that what ended up being the recommendation in that report is also a recommendation that was put forward by that one individual. There are others who did excellent work too. It needs to be changed.

Cathay Wagantall, Yorkton—Melville

Conservative
“The government missed a great chance to fix the military culture and help veterans. They blocked this change just because it was politically easier for them.”
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Official Hansard

Mr. Speaker, I appreciate the fact that nothing around here moves the way I would make it move, if I were the one in charge. “Cathay for prime minister.” No. I am quite happy to not be in charge. That being said, the reality is that politics interfere often. I think the member knows that as well, even from where he sits. The member asked why in the world this has happened. That is a really good question, and it does not get asked often enough. I firmly believe the reason all of this excellent opportunity to give our veterans the best chance to change the culture of the armed forces has been denied is that it is more politically expedient for the government to make it go away.

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“Things have changed since the Arbour report. Military members now have better support, like independent legal help. Why does the government only talk about that report instead of other reviews that support giving victims a choice?”
Official Hansard

Mr. Speaker, I thank my colleague for her thoughtful and heartfelt words. We may hear the party opposite continually refer to the Arbour report, yet much has changed since then, such as the mandatory duty to report and access to the SMSRC. Military members at that time did not have access to victim liaison services or independent legal support. I was wondering if my colleague could explain why the party opposite continues to refer to the report of Justice Arbour’s, who did not testify at committee, and has failed to refer to the Deschamps and Fish reports, which supported that choice for military sexual trauma.

Cathay Wagantall, Yorkton—Melville

Conservative
“The Liberals are picking and choosing what to fix. They are ignoring the full problem of sexual abuse in the military, and veterans will keep suffering until real changes are made.”
Official Hansard

Mr. Speaker, I actually wrote down “cherry-picking” on my paper. The Liberals are not choosing to look at the broad picture of what has been presented to them on behalf of veterans who have suffered military sexual trauma, and who will continue to suffer under the CAF until things improve and the changes are made that truly need to be made.

Scott Anderson, Vernon—Lake Country—Monashee

Conservative
“The military has improved how it supports victims and handles misconduct. An expert and a victim both questioned why these cases still need to go to civilian courts instead of the military system. I want my colleague to comment on that.”
Official Hansard

Mr. Speaker, first, I would suggest that my colleagues not use “chain of command” until they understand what it means. People are removed from the chain of command today and put into the JAG system, or at least they were prior to this. I want to quote Dr. Karen Breeck, who is a former officer in the Canadian Armed Forces and is also a medical doctor. She testified that the military of 2025 has changed. She said: Today the chain of command has extensive awareness and training. The sexual misconduct support and resource centre is fully operational. Victims’ rights legislation is in force. Independent legal and victim supports exist.... What evidence still shows that [the civilian system] remains the best way forward? I wonder if my colleague could comment on one of the victims who said much the same thing as—

Scott Anderson, Vernon—Lake Country—Monashee

Conservative
“I want this bill amended. It forces all sexual assault cases in the military into the civilian justice system. The victims, the police, and military lawyers want victims to have the choice of which system handles their case. The Liberals removed our amendments that gave them that choice.”
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Official Hansard

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

Scott Anderson, Vernon—Lake Country—Monashee

Conservative
“Military culture can change quickly because people follow orders from the top. The military already started changing its culture before the Arbour report came out.”
Official Hansard

Mr. Speaker, the member, a veteran himself, knows very well that, in the military, with a top-down chain of command, culture can change very fast, because it is an order-based society. The Arbour report is several years old, and the culture did not stop to wait for the Arbour report. Right away, the military started the culture change, and you know that very well. You know that if you go back—

Scott Anderson, Vernon—Lake Country—Monashee

Conservative
“I apologize. Military culture has already changed very quickly.”
Official Hansard

Mr. Speaker, I apologize. However, if the member is acquainted with the military today, he knows very well that the culture has radically changed in a very short period of time.

Scott Anderson, Vernon—Lake Country—Monashee

Conservative
“Victims should be allowed to choose how to report an assault. The government says victims are too traumatized to make good choices. This is insulting to women, and the report the government cites does not say taking away that choice should be mandatory.”
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Official Hansard

Mr. Speaker, the Liberals have put to us that we should remove choice because victims are going to be too traumatized after an assault to actually make a choice. This reminds me of the 19th-century idea that women became hysterical and really had to be directed and taught by men, because when they became hysterical, they were not capable of making good choices. I find that this is paternalistic and insulting to the women who are victims. Frankly, the Liberals are simply throwing out the Arbour report as if it concretizes their point, but it does not. It tends to push people toward the civilian system, but it does not make it mandatory.

Cathay Wagantall, Yorkton—Melville

Conservative
“Military sexual trauma survivors are losing hope and some are dying because of it. I want the member to respond to that.”
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Official Hansard

Mr. Speaker, I really appreciated what my colleague spoke to in regard to how things have already progressed and moved along, which has given to a lot of those survivors something that that party does not like to appreciate: hope. I just had an interaction with one of those survivors, who was in absolute tears because she sees and knows how many of her colleagues she is going to have to help. She said that they will say “life is over”, and they will be added to those numbers who have lost their lives because of this and not survived. What does the member have to say to that?

Scott Anderson, Vernon—Lake Country—Monashee

Conservative
“The government is using this bill to push military justice problems onto civilian police and courts so they do not have to deal with them. Victims should have a choice instead.”
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Official Hansard

Mr. Speaker, this bill, in its original intent, and that is the reason the amendments were stripped off, is simply to help the government, because the government has to deal with these problems when they arise. If the Liberals get it off their plate and dump it into the municipal police force or into the civilian provincial courts, they will not have to deal with it anymore and it will now be somebody else’s problem. I just do not see how the Liberals can keep a straight face and keep saying “Arbour” over and over again as if it means something. It does not. The victims want choice.

Cathay Wagantall, Yorkton—Melville

Conservative
“The military justice report was written in 2022, and things have changed since then. Why did the person who wrote the report refuse to come speak to the committee about it?”
Official Hansard

Mr. Speaker, we are hearing an awful lot about Justice Arbour’s report. It was made in 2022. Since then, a lot of time has passed and a lot of improvements have been made. When a report like that is made, I would think Justice Arbour would want to come to committee, share the rationales and say whether they are still effective or if there needs to be change. For some reason, she did not show up at all. Can the member articulate why someone in that position would not show up at committee to give their input?

James Bezan, Selkirk—Interlake—Eastman

Conservative
“The military has improved its victim supports, police training, and legal help. The Liberals are removing the committee's changes to this bill. I want victims in the military to have the right to choose whether their case goes to civilian or military court.”
Official Hansard

Mr. Speaker, we continue to hear the Liberals use the Arbour report as their shield in why they are gutting all the amendments that were made by the defence committee, some of which were even supported by the Liberals, where we worked across party lines as Conservatives, Bloc members and the NDP. Much has changed since the Arbour report came out. We know that at the time, there was a mandatory duty to report; the military police and health care providers were not fully ready or trained, but now they are; military members were not under the victims’ rights charter, but now that charter is in effect; military members did not have access to a fully mature SMSRC for supports; military members did not have access to independent legal supports; and finally, military members did not have access to victims’ liaison services. All those things are in place now. The Canadian Armed Forces has changed, so why not give the rights back to victims so they can choose what system best suits their need, regardless of their rank or where they are, whether in or outside Canada, on training, on base or in the community? They should have the supports they are asking for, not what the Liberals are shoving down their throats.

Cheryl Gallant, Algonquin—Renfrew—Pembroke

Conservative
“This bill sends military sexual assault cases to regular courts, but it does not fix the real problems. It does not force military police to share evidence, fix bad oversight, or make sure abusers face military discipline after a conviction. The government also wiped out good changes the committee made to this bill. We need a bill that truly protects victims.”
Official Hansard

Mr. Speaker, I am pleased to rise on behalf of the brave women and men in the Canadian Armed Forces who call the Ottawa Valley their home to speak to Bill C-11, the military justice system modernization act. Before we get lost in clauses, subclauses and government talking points about modernization, I want to centre this debate where it belongs, which is with the people this legislation is supposed to support and protect. Bill C-11 is not abstract, theoretical or merely administrative. It is about whether a woman who is sexually assaulted while serving her country can expect justice, dignity and protection, or if she will be left to fight alone against the very institution that failed her. That reality is embodied in the experience of retired corporal Elvira Jaszberenyi. Ms. Jaszberenyi did exactly what we tell service members to do. She reported her rape. She co-operated with investigators. She trusted the system that promised to protect her. Instead, the system closed ranks. Her assailant was already known to military authorities for sexual assault. Evidence went undocumented or disappeared. Key decisions were shielded from oversight. The Military Police Complaints Commission was denied access to critical prosecutorial briefing notes, despite clear recommendations from Justice Fish that this information be disclosed. When the military declined to proceed, Ms. Jaszberenyi did something few victims can afford to do, emotionally or financially. She pursued a private prosecution in civilian court. That trial did not vindicate her; it exposed her. Her credibility was questioned. Her advocacy was used against her. The fact that she continued to demand accountability was reframed as an agenda. She lost. For the government, that may be a completed file. For women watching from within the ranks, it was a reminder. For those looking to join, it was a warning. That is the context in which we must judge Bill C-11. The government tells us this bill would restore trust by transferring jurisdiction for sexual offences committed in Canada over to civilian court. Conservatives agree that this change was necessary. It was recommended by justices Deschamps, Fish and Arbour and reflects the years of advocacy by victims and experts. However, jurisdiction alone does not equal justice. Bill C-11 would remove cases from the military justice system while leaving untouched the very accountability gaps that failed Ms. Jaszberenyi in the first place. It would not require the military police to preserve and fully disclose investigative records to civilian authorities. It would not guarantee that oversight bodies would finally receive the information they need to do their job. It would not ensure that civilian prosecutors or judges are properly equipped to understand military power dynamics, chain of command pressures or the realities on base. Crucially, it would not address what happens after a civilian conviction. A service member could be found guilty of a sexual offence in civilian court and yet face no court martial, no automatic consideration under the code of service discipline and no transparent process to protect others still serving alongside them. That is not a survivor-centred system. This is administrative offloading. We heard this repeatedly at committee. Victim advocates warned us that Bill C-11 risks creating a jurisdictional void. Military police leaders told us civilian police services lack the capacity to absorb these cases. Prosecutors cautioned that removing concurrent jurisdiction might mean that fewer cases, not more, actually proceed. Ms. Jaszberenyi herself warned us that changing the forum without fixing the evidence handling, oversight and accountability would simply shift the harm from one system to another. If we want women to serve, we must give them reason to trust. That trust is already fragile. Canadians recently learned the Canadian Armed Forces is not on track to meet its own targets for recruiting and retaining women. The numbers are not just disappointing, they are damning. Women are not choosing to walk away from military careers because they lack patriotism or resilience. They are walking away because they do not believe the institution will protect them when it matters most. Ms. Jaszberenyi is now retired. After her attack, she was removed from her unit and tasked with painting walls. She was not given work commensurate with her skills and training. She was effectively forced out of service when the Canadian Forces was facing a retention crisis. Imagine the kind of message that sends to our serving women and men. Now she has to deal with Veterans Affairs. After giving testimony on this bill last fall, she was informed by Veterans Affairs that her paperwork had been lost. She needed to resubmit her application. There was no pension and there were no benefits, just more process and paperwork. No recruitment campaign, no slogan and no equity strategy will overcome a justice system that retraumatizes victims and shields decision-makers from scrutiny. That brings me to the procedural context of this debate. How this bill has been handled matters almost as much as what is in it. Committee members from multiple parties worked in good faith to strengthen Bill C-11. Amendments were adopted to improve oversight and support the accused fairly, and to address long-standing gaps identified by survivors and experts alike. Those amendments were passed after the committee overruled the chair’s initial rulings, exercising its legitimate authority as a master of its own proceedings. Then, nearly 10 weeks later, the government asked the Speaker to intervene, not to clarify drafting but to strike down amendments, including amendments supported unanimously by committee members. The Speaker ruled them out of order. I respect the ruling, but I do not accept the government’s conduct. Committees exist to do the hard, detailed work that the House does not have time to do, clause by clause. When the government invites committee members to engage, votes against them and then asks the Speaker to erase that work after the fact, it undermines parliamentary accountability. This matters because those amendments were not abstract procedural tweaks. They dealt with real issues, including access to trauma-informed training, independent oversight, support for both the victims and the accused, and ensuring key positions within the military justice system could not sit vacant indefinitely. The government chose not to persuade the committee. It chose to erase its work. On Monday, in debating Bill C-22, I spoke about the government’s new-found majority and the choices it faces: to govern and to govern collaboratively or to rule by decree. Bill C-11 gives us the answer. This is not collaboration. It is control. When that instinct is applied to legislation dealing with sexual assault, oversight and victims’ rights, the consequences are profound. The Conservatives believe that reforms to military justice must do three things. First, reforms must protect the victims, not just symbolically but procedurally and substantively. Second, reforms must preserve fairness for the accused because a system that cuts corners will not survive constitutional scrutiny. Third, reforms must strengthen, not weaken, institutional accountability. Bill C-11 would make progress on the first step by removing jurisdiction over sexual offences committed in Canada, but it would fail on the second and third by refusing to fix the structural flaws exposed by cases like Ms. Jaszberenyi’s. A justice system that forces a survivor to pursue a private prosecution because internal accountability failed is a system already in crisis. A system that responds by narrowing scrutiny and striking committee amendments is a system interested in optics, not outcomes. If the government truly wants to rebuild trust, it must do more than move files between systems. It must control the culture of defensiveness, information control and procedural gatekeeping that allowed known predators to remain on the base and allowed victims to be discredited for demanding better. Women are watching this debate, as are their families and as are potential recruits who want to serve their country without sacrificing their safety or their dignity. They will judge us not on the title of this bill, but on whether its substance reflects reality. Bill C-11 is incomplete. It is not beyond repair, but repair requires humility, transparency and respect for Parliament. The experience of Elvira Jaszberenyi deserves more than a legislative shrug. It deserves a justice system that learns from failure rather than papers over it. Canada’s armed forces cannot recruit its way out of crisis. It must legislate its way out of it, honestly and courageously. That is the standard this bill must meet, and that is what Canadians expect.

Cheryl Gallant, Algonquin—Renfrew—Pembroke

Conservative
“We suggested changes to this military justice bill because we heard from more police officers, soldiers, former judges, and lawyers than Justice Arbour did. The government rejected our changes.”
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Official Hansard

Mr. Speaker, we respect the recommendations made by Justice Arbour. However, while Justice Arbour listened to the victims of sexual assault, she did not have as much breadth as we did in listening to the testimonies of law enforcement, of people who are in the military and of people who had direct involvement in those proceedings, such as former judges and former lawyers in the system. We heard more testimony, and that is why we proposed some amendments, which have been rejected.

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