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

James Bezan, Selkirk—Interlake—Eastman

Conservative
“I want the government to give military sexual assault victims a choice about where their cases are handled. Victims have told us they do not want all cases sent to civilian courts.”
Official Hansard

Mr. Speaker, I want to thank my colleague for Algonquin—Renfrew—Pembroke, who has been a long-time member of the defence committee. She has heard from more veterans, I am sure, than Justice Arbour did in her hearings several years ago. There is a base in the member’s riding, and she is always advocating on behalf of members who serve, including the victims of military sexual misconduct and military sexual assault. The member has fought long and hard for victims and for the rights of women who serve in the Canadian Armed Forces. We heard from many victims. Christine Wood said she “opposed the transfer of all cases to civilian court, and that was for three reasons: number one, it’s broken; number two, it offers victims no choice; and number three, I believe the CAF has to maintain control over its jurisdiction and demonstrate it can be responsible for fixing its own harms.” A veteran who served, who experienced sexual misconduct and deals with military sexual trauma, is saying she needs choice. Other victims have said the exact same thing. Why will the Liberals not listen?

Cheryl Gallant, Algonquin—Renfrew—Pembroke

Conservative
“We should listen to victims who disagree with these recommendations. Moving cases out of the military system harms the accused and means civilian court delays might stop victims from ever getting justice.”
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Official Hansard

Mr. Speaker, I thank my hon. colleague, who does yeoman’s duty with different cases serving the armed forces. We heard from many people, but we need to listen to what the victims said that did not align with what is in the recommendations. It is not fair to them, and it is not fair to accuse people who are named in a snitch line and then have to face a court. When a case is taken out of the military system, there is no support for the accused, and there is no guarantee that there is going to be any sense of justice for the victim, because their case may never be heard. The Jordan framework may require that the case be put aside altogether.

Cheryl Gallant, Algonquin—Renfrew—Pembroke

Conservative
“Civilian courts are already too full to handle sexual assault cases. Trials take too long, so offenders walk free.”
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Official Hansard

Mr. Speaker, the problem is that the civilian courts are full. Already, cases of sexual assault in the civilian domain are not being heard, because too much time expires between a case’s starting and its coming to trial, so the perpetrator gets off scot-free.

Cheryl Gallant, Algonquin—Renfrew—Pembroke

Conservative
“The member said military sexual assault cases are now sent to civilian courts. I want to know how many were sent, how many have been heard, and how many are still waiting. I also want to know what happens to cases like groping that civilian courts might not take.”
Official Hansard

Mr. Speaker, the member said that all the sexual assault cases since a certain date have been transferred to the civilian courts. I wonder if he knows how many have been transferred, and of those, how many have been heard, how many are still waiting to be heard, and what happens to the so-called low-level sexual assaults of groping that will not meet the threshold to be heard in civilian court.

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“Civilian police cannot handle lower-level sexual assaults because they do not have the time or the legal power. This bill does not fix that. What is your plan to deal with these assaults so attackers are held accountable?”
Official Hansard

Mr. Speaker, while the member opposite may feel that those definitions are distasteful, there are legal definitions and requirements for levels of sexual assault, and frankly put, the civilian police authorities will not deal with mid and lower levels. They do not have the capacity. It is outside the jurisdiction. Does the member opposite feel that predators will have a free pass because they know mid- and lower-level sexual assaults will never be dealt with? They are not within the plan of Bill C-11. This has never been addressed. What is your solution to have mid- and lower-level sexual assaults addressed?

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“I want this bill amended. Victims of military sexual trauma should be allowed to choose between the civilian justice system and the military justice system. Forcing all cases into civilian courts will overwhelm regular police and leave many victims without justice.”
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Official Hansard

Mr. Speaker, today I rise with a heavy heart, but I also rise with a profound sense of duty, a duty shaped by nearly three decades in uniform, by the survivors who trusted me with their stories and by the communities I represent. I rise not for partisanship, not for theatre, but for the people who have carried burdens far heavier than any of us in this chamber will ever know. I dedicate my words today to the many active members and veterans I have met across Vancouver Island and across Canada. I have spoken with them in legion halls, on bases, in community centres and sometimes in the quiet corners where people finally feel safe enough to share what they have carried for too long. Most importantly, I dedicate my words to the survivors of military sexual trauma who came to committee. Before I go any further, I would like to speak to them directly. They were not obligated to share what they shared. They did not owe us their stories, their pain and their truth, yet they came anyway, carrying memories no one should ever have to carry, because they believed that if Parliament finally listened, something might change for the better. They trusted us with the hardest part of their lives, and that trust is something I will not take lightly. It is not something any of us should take lightly. They asked for one thing: choice. They asked not for privilege, not for special treatment, just the basic human right to choose the justice system where they feel safest, can be heard and can be understood. They asked overwhelmingly, consistently and with courage, and I will not stand by while that courage is dismissed. I also rise today on behalf of all Canadians who expect their institutions to protect the vulnerable, not retraumatize them. I also rise on behalf of the people of Cowichan—Malahat—Langford, where I live and which I have the privilege of representing in the House. It is a region with a proud and deep connection to our Canadian Armed Forces. Our communities include many veterans, many serving members and many families whose lives are directly shaped by the culture and conduct of the military. My riding is home to countless individuals who serve or have served at Canadian Forces Base Esquimalt, one of the largest military installations in the country. It is a base where my wife and I both proudly served, a base that shaped our lives, our understanding of service and our understanding of the sacrifices that military families make every single day. When I speak about this bill, I do not speak in the abstract. I speak for the people I represent and the communities I know. I speak for those who have worn the uniform and those who still do. I speak for survivors across Vancouver Island and across Canada, survivors who trusted us in Parliament to listen. I served nearly three decades in uniform. I was trained as a presiding officer, and I believed I understood the culture of the Canadian Forces, but nothing prepared me for what I learned after meeting my wife, who is also a survivor of military sexual trauma. Through her, I saw parts of our institution that too many never see, or refuse to see. I saw the cost of silence. I saw the cost of inaction. Since I first joined the navy in the 1980s, the culture around sexual misconduct has changed. Yes, there have been positive improvements, but there is still much more to do. If Bill C-11 proceeds without the amendments survivors asked for, without the choices they pleaded for, then not only will we undo decades of progress, but we will reverse them. We will make things worse than we can imagine. At the very heart of the debate is something very simple: choice, the choice for survivors to access either the civilian or the military justice system. It is a choice that already exists, though too few know about it. What we have before us now is a tale of two approaches. On our side of the committee, we have the testimony of survivors, victims, military police, police and legal experts, those who have lived this reality. Their message was overwhelmingly consistent and deeply human. It was, “Do not take away our choice.” On the Liberal side is a plan that ignores the evidence, cherry-picks a few quotes and uses one report while ignoring many others and the voices of so many. It dismisses the voices of survivors and disrespects those who came forward at great personal cost. If the government removes these amendments, the consequences will be immediate and unavoidable. There will be institutional trauma and revictimization. There will be anger, despair and a profound sense of betrayal among the survivors who trusted all of us to listen and do right by them. Minor cases will go unaddressed. Major cases will go untried. Civilian police forces, already stretched thin, already under-resourced, will be handed cases they have repeatedly said they cannot absorb. They will take on only the most serious of sexual assault cases. As for the mid-level and lesser cases, they are outside civilian jurisdiction or capability. There is no plan in Bill C-11 to address those cases. There is nothing. This is a complete failure for future victims but will be seen as a free pass to predators. Members can let that sink in. The government will point to low numbers in the military system and claim success. They are already doing it in the House today. However, only a few major cases will go forward, and the rest will be unreported and unactioned. This is not accountability, and it is not reform. Simply put, this is not justice. This is burying the problem, handing it off and burying the people who trusted us to fix it. I must also address the role of the press. The mainstream media, funded by 1.4 billion taxpayer dollars, has primarily focused on attacking the opposition party and has not covered the survivors’ testimony, the amendments we achieved together and the consequences of removing those amendments. Today I challenge the press, directly, to tell this story, interview the survivors, report what they said and explain what is at stake. That is its job. Canadians deserve to know the truth, not the Liberal talking points. Removing choices removes protections. The Liberals have been relying solely on the Arbour report, by someone who refused to testify in committee, and yet have failed to mention the Fish and Deschamps reports, which both speak to the benefits of choice for victims. I want to speak quickly on something I witnessed in committee, something that has stayed with me. As survivors shared their stories, as they spoke about trauma they endured and offered solutions rooted in courage, I looked across the table to members of the party opposite, and I saw a colleague begin to tear up. I saw his humanity. I saw someone who understood deeply the weight of what survivors are telling us. I say this to every member in the House, especially those with family who serve in the military, maybe their sons or daughters: They must hold on to that humanity. They must not let partisanship smother what was felt in that moment. They must not let party discipline override what they know in their hearts to be right. Survivors did not come to us as partisans. They came to us as human beings. They asked all of us to do right by them. Emotions must now be matched with action. Compassion must now be matched with courage. We must listen to the overwhelming evidence of survivors and experts, consider all reports and give survivors the freedom of choice.

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“I oppose this bill. It will leave most sexual assault cases in the military unreported and unsolved, and it fails victims who want a choice.”
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Official Hansard

Mr. Speaker, again, the Arbour report did not look at what is in Bill C-11, which simply would leave the majority of sexual assault cases undealt with, unreported and unactioned. It is not even in Bill C-11. Therefore, regardless of what the Arbour report says or all of the other reports, the majority of victims and reports support choice. Bill C-11 and the Liberal Party would fail our military in the future. As I directly pointed out, the majority of cases would go unresolved, unreported and unactioned, and that is an embarrassing failure.

James Bezan, Selkirk—Interlake—Eastman

Conservative
“Many victims of sexual trauma in the military spoke to our committee. The Liberals are ignoring their testimony today. Will that hurt these victims all over again?”
Official Hansard

Mr. Speaker, I want to thank my friend from Cowichan—Malahat—Langford for his service to Canada and the Royal Canadian Navy and his great work in standing up for victims. I first met the member’s wife, Angel, who has also been a strong advocate of fighting for the survivors of military sexual trauma, when I was doing town halls across this country on military injuries, including military sexual trauma. Ever since then, she has been fighting for justice. After all of the committee hearings, the member and I and many others here have talked to veterans and current serving members across the country, and, particularly, the brave witnesses who stepped up at the national defence committee to look at Bill C-11 and lay out all their experiences. By the Liberals rejecting their testimony today in this debate, will that revictimize them knowing that the Liberals are brushing everything off?

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“This bill will harm victims of sexual assault and leave most cases unsolved. We should pass our changes to the bill instead, so victims have a choice.”
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Official Hansard

Mr. Speaker, I thank my colleague for all the amazing work he has done over the many years. Simply put, yes, it will retraumatize them. I started receiving numerous phone calls last night. They came flooding in. It will retraumatize victims now and in the future. Simply put, the amendments that we have put forward would make this work. The victims want the choice, and we are supporting them based on fact, emotion and support. Clearly, a bill that would not address the majority of sexual assault cases and let them go unresolved would be a partisan decision that no sane human would vote for.

Cheryl Gallant, Algonquin—Renfrew—Pembroke

Conservative
“The Liberals let people get away with assault. Even the Prime Minister dismissed claims that he groped someone.”
Official Hansard

Mr. Speaker, the member referred to low- and mid-level assaults and the Liberals getting away with it. We had a prime minister who was a known groper and he just wrote it off, saying he felt it differently or she felt it differently. I am wondering if this is what—

Cheryl Gallant, Algonquin—Renfrew—Pembroke

Conservative
“I want the member to give examples of smaller assaults and explain why the military must deal with them instead of ignoring them.”
Official Hansard

Mr. Speaker, I think the Liberals are having a hard time understanding why it is so important that even the low- and mid-level assaults be addressed. Could the member give examples of what this entails and why they should not just be let go?

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“Moving military cases to civilian courts will fail. Civilian courts will only handle the most serious cases, and the rest will be ignored.”
Official Hansard

Mr. Speaker, I am not going to get into the legal definitions of the various levels. It was delved into in-depth and, as distasteful as it may sound, unfortunately, it is the legal reality that we have to have those levels. Only the most serious cases, if there is capacity for them in the civilian system, would be dealt with. The rest would be buried, would not be actioned and would disappear. That is failure, yet burying the truth would be touted as the Liberals’ great success.

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