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)

122 statements

Pierre Paul-Hus, Charlesbourg—Haute-Saint-Charles

Conservative
“The Liberals do not respect democracy or the opposition parties. We worked together to suggest good changes to this bill, but the government rejected them without a good reason.”
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Official Hansard

Mr. Speaker, that is an excellent question. I think that, like me, my colleague sees the Liberals as having a disregard for democracy. They have no respect for opposition parties, even though we make constructive proposals to improve legislation in the interest of all Canadians. That is what the opposition parties did together. The members opposite are rejecting our proposals out of hand, and we cannot get a rational explanation for it, other than that it seems to be based on an ideology or goodness knows what.

James Bezan, Selkirk—Interlake—Eastman

Conservative
“Victims should be able to choose where their cases are heard. Experts told our committee that taking away their choice hurts them and helps the attackers. I am asking my colleague if the Liberals are ignoring victims by rejecting our changes to this military justice bill.”
Official Hansard

Mr. Speaker, first of all, I want to thank my colleague from Charlesbourg—Haute-Saint-Charles for his service to Canada as a veteran, as a former commanding officer, whose family, his own son, is in the Royal Canadian Navy. My colleague talks about what we heard in testimony from those witnesses. There are more experts on military justice than just the one or two or three justices who have filed reports to the Department of National Defence and to ministers of national defence over the last 12 years. Some of them we heard from in testimony, such as the former director of military prosecutions, retired Colonel Bruce MacGregor, who said, “Taking the choice away from an informed victim is paternalistic and a further disenfranchisement of a victim who has already been rendered powerless by the perpetrator.” Does my colleague believe that what the Liberals are doing, by not listening to the victims and not keeping in place the amendments that multiple parties made together to improve Bill C-11, is again going to empower the perpetrators and undermine the freedom of the victim?

Pierre Paul-Hus, Charlesbourg—Haute-Saint-Charles

Conservative
“Yes. The Liberals ignore victims who speak out. They always ignore victims in our justice system, especially women, instead of helping them get justice.”
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Official Hansard

Mr. Speaker, the answer is pretty clear: yes. As I mentioned in my speech, the Liberals always turn a deaf ear when victims speak out. This is not a new phenomenon. We have seen it across the board with respect to the Criminal Code, the justice system, and crimes against women. They have always turned a deaf ear and a blind eye. For our part, we can never understand why this government turns a deaf ear to victims’ problems and does not seek real solutions to help them get justice.

Chris Malette, Bay of Quinte

Liberal
“I support this bill to update the military justice system. It moves sexual assault cases committed in Canada out of the military system and into civilian courts. It also makes military justice officials more independent and gives more support to victims.”
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    “The director of military prosecutions and the director of defence counsel services.”

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Official Hansard

Mr. Speaker, I am pleased to rise today for the report stage of Bill C-11. I would first like to note that in rising for this, my first full speech on a bill in the people’s House, I do so with the pride of having been sent here with the overwhelming support of the people of the Bay of Quinte and the incredible men and women of 8 Wing CFB Trenton to represent them in addressing important issues like the environment and duty to them in their service to the Canadian Armed Forces, and that duty for me, which brings me here today. I would also like to thank the members of the Standing Committee on National Defence and acknowledge the witnesses, including the brave victims and survivors of sexual assault and misconduct, for their work on this important piece of legislation. Bill C-11 and cultural change at the heart of the Canadian Armed Forces come at a significant time for our military. The norms and rules that once ensured Canada’s peace and prosperity are being rewritten. The Canadian Armed Forces is operating in a volatile and unpredictable global security environment. As Canada’s new government makes a generational investment into our military, including meeting NATO’s 2% target, we cannot forget that the women and men of the Canadian Armed Forces are the driving force behind our security and safety. The members of the Canadian Armed Forces must be ready for the threats of today and those of tomorrow. A critical component to that readiness is ensuring that members have a work environment where they feel safe, protected and empowered to serve. This is essential to operational effectiveness, productivity and morale, as well as recruitment and retention. Part of these efforts is ensuring that the military justice system evolves alongside the culture of the Canadian Armed Forces and that it is aligned with the aims of Canada’s civilian criminal justice system, continuing to ensure fairness and accountability for all involved. Bill C-11, first tabled as Bill C-66 in March 2024, as we heard earlier, was reintroduced as Bill C-11 last fall to amend the National Defence Act. This was to help build trust in the military for our currently serving members and for those who are looking to the CAF as a future career. Bill C-11 proposes a suite of changes to ensure the continued effectiveness, accountability and alignment of the military justice system with the operational needs of the CAF. The legislation is critical to ensuring the continued safety and well-being of our people in uniform. Bill C-11 was introduced to address key recommendations brought forward by former Supreme Court justices Louise Arbour and Morris Fish. This included addressing recommendation 5 of Justice Arbour’s independent external comprehensive review report to the Minister of National Defence, delivered in May 2022. This recommendation aimed to remove the Canadian Armed Forces’ jurisdiction over Criminal Code sexual assault offences committed in Canada in the majority of cases, from investigation to prosecution and trial of offences. Of all of Justice Arbour’s 48 recommendations, recommendation 5 is the only one that must be implemented through a legislative amendment to the National Defence Act, which brings us here today. The legislation also sought to address eight recommendations made by Justice Fish. The recommendations he proposed relate to the way in which we appoint key military justice actors like the Canadian Forces provost marshal, the director of military prosecutions and the director of defence counsel services, by making them Governor in Council appointments. Justice Fish’s report recognized the important role of these military justice actors in ensuring a fair and transparent process for victims and survivors. The legislation would also expand eligibility criteria for military judge appointments to include non-commissioned officers, which would diversify the applicant pool further. In response to another of Justice Fish’s recommendations, the proposed legislation would change the title of the Canadian Forces provost marshal to the provost marshal general. This way, the title aligns more closely with the titles of other senior designations in the CAF, such as surgeon general, chaplain general, judge advocate general, and so on. Bill C-11 would also expand the class of people who could make an interference complaint to be addressed by the Military Police Complaints Commission. Further, it would require military police or others carrying out policing duties or functions under the responsibility of the provost marshal general to make such a complaint in certain circumstances. Beyond addressing key recommendations from former justices Arbour and Fish, Bill C-11 would exclude military judges from being subjected to the summary hearing system. This is to reinforce judicial independence. Members of the national defence committee heard time and again about the need to reinforce judicial independence to build trust in the system for all involved. Speaking of trust, Bill C-11 would expand access to the victims’ liaison officers under the Declaration of Victims Rights. That way, an individual acting on behalf of a victim could request that a victim’s liaison officer be appointed to assist them. Through Bill C-11, we have brought forward these proposed amendments to ensure that the military justice system grows in tandem with the evolving culture of the Canadian Armed Forces. The military justice system must continue to function in alignment with our civilian criminal justice system and better respond to the needs of victims and survivors. Canadians expect Canada’s military justice system to reflect their values at all times. Bill C-11 is an important piece of legislation that does just that. It advances the culture of respect and accountability across all ranks of the defence team, regardless of role, position or rank. This legislation makes clear our commitment to modernize Canada’s military justice system. It makes clear our commitment to address the recommendations from independent external review reports, namely Justice Fish’s third independent review and Justice Arbour’s independent external comprehensive review. As well, it makes clear our commitment to the brave and skilled members of our Canadian Armed Forces and their civilian colleagues who serve this country every day. At its core, the Canadian Armed Forces is defined by the people who serve in uniform. They are central to our defence and to our national security. We will continue building a workplace free from harassment, discrimination and violence for all who serve and defend this country. Bill C-11 will pave the way for future statutory, regulatory and policy amendments that will further evolve military culture and continue to modernize the military justice system. The legislation before us today represents their commitments to modernizing the military justice system and evolving Canada’s military culture. We must also continue to strengthen the policies and programs that make a meaningful difference in the lives of those affected by harmful conduct. We are seeing encouraging signs of that today, but our work will not stop with this legislation. This week alone, we saw recruitment of the Canadian Armed Forces hit a 30-year high. This is remarkable progress, but we cannot stop here. We must ensure that we are doing our part to protect our military and civilian members of the defence team who work hard every day to keep us safe. We are sincerely grateful for everything they do.

Cathay Wagantall, Yorkton—Melville

Conservative
“The government says military recruitment is up by 30%. I want the member to clarify if that increase is still not enough to replace all the people leaving the military.”
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Official Hansard

Mr. Speaker, I have heard a number of times that the government is very proud of the increase in new recruits signing up to our Canadian Armed Forces. Recruitment has risen by 30%. It obviously was very low up until this point, over the last decade. Can the member clarify what I heard, that those numbers do not even begin to replace the number who have chosen to leave?

Chris Malette, Bay of Quinte

Liberal

Linked statement

“Recruitment numbers for the military look good. We need this bill to make sure the Canadian Armed Forces are safe and welcoming for people of all genders who join.”
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Official Hansard

Mr. Speaker, we were indeed encouraged this week by the news of the recruitment numbers. Although we heard reports that the numbers leaving are outstripping the numbers coming in, and I do not have the exact numbers at my fingertips, I have been assured that they, in fact, were a bit misleading. That is why it is important for this legislation to be at report stage. Bill C-11 would help us ensure that those people coming in are welcomed into a safe and responsible environment for all genders enrolling in the Canadian Armed Forces.

Charles Sousa, Mississauga—Lakeshore

Liberal
“We have already put 36 recommendations into action, and things have improved. Experts say the choice the opposition wants is not a real choice. Can the member explain this?”
Official Hansard

Mr. Speaker, I thank the member for his contribution at the national defence committee. At committee, we heard that 36 recommendations by Justice Arbour have been implemented. That is a tremendous accomplishment and one of the reasons things have improved. However, there is something experts have said. I know the opposition has talked about having choice, but experts say that is a false choice. Could you elaborate, please?

Chris Malette, Bay of Quinte

Liberal
“The opposition says women in the military should choose between civilian and military courts for sexual assault cases. Committee evidence showed that having this choice actually makes it harder for women to report crimes. Since 2021, all these cases have gone to civilian courts.”
Official Hansard

Mr. Speaker, yes, we did hear quite a bit of discussion on choice at committee. One thing I would like to acknowledge at this point is that it warms my heart to see members opposite embracing a woman’s right to choose in all manners. It is heartening. It was a little misleading in the fact that a woman’s right to choose was somehow seen as an ideal situation. Since 2021, all cases have gone to the civilian system. The right to choose, as we have heard, is, in fact, an obstacle to a woman reporting in some of the testimony that we heard. While it may have been an option that some had seen as a very responsible position, we heard much evidence of the opposite.

Cathay Wagantall, Yorkton—Melville

Conservative
“The member said the right to choose only matters to women. Men in the armed forces have told me it matters to them too. I want the member to take back what he said.”
Official Hansard

Mr. Speaker, on the right to choose, the member indicated, which I think was somewhat demeaning, that this only applied to women. Obviously, in the armed forces, there are a lot of issues. On this issue, I can attest, from male members of the armed forces having spoken with me, that this is as much an issue to them as it is to women. Would the member like to retract that statement?

Chris Malette, Bay of Quinte

Liberal
“I apologize if I said the wrong thing. People have reported abuse, and I did not mean to question their claims.”
Official Hansard

Mr. Speaker, if I misspoke, I sincerely apologize. There are men and women who have reported cases of abuse. I did not in any way mean to impugn anyone in that regard.

Sherry Romanado, Parliamentary Secretary to the Minister of National Defence

Liberal
“I want the member to say more about how soldiers were afraid to report problems because they feared punishment or harm to their careers. That fear is why we made this change.”
Official Hansard

Mr. Speaker. I would like to thank my colleague for his great work on the national defence committee. I would like the member to elaborate a bit about what we heard in terms of members of the Canadian Armed Forces who would not come forward to file complaints out of fear of retribution and that their careers would be limited, and that is why we brought forward Justice Arbour’s recommendation.

Chris Malette, Bay of Quinte

Liberal
“We are changing the military justice system because people are afraid to report sexual assault when their attacker outranks them.”
Official Hansard

Mr. Speaker, that is an excellent question. We heard testimony on a different report at the national defence committee yesterday on francophones in the armed forces, and one of the members who testified had testified earlier. This was an officer who, in Afghanistan, was sexually assaulted, but failed to report because the assailant in this case was a superior officer. That goes to the crux of why we are making these changes. It is due to a reluctance or fear of reporting because of the chain of command.

Blake Richards, Airdrie—Cochrane

Conservative
“The Liberals claim to support women, but they ignore women veterans when it hurts them politically. They have a history of firing women who disagree with the Prime Minister, and they are doing the same kind of thing with this bill.”
Official Hansard

Mr. Speaker, what the Liberals are doing with Bill C-11 follows what I would call a really troubling pattern of behaviour toward veterans in Canada, especially when it comes to women veterans. This is the same party that proudly claims to be feminist, but it will happily disregard what women are advocating for the second it no longer suits its political agenda. I will remind everyone in this House that it was the Liberals who propped up Justin Trudeau, the self-proclaimed feminist, who would immediately fire any woman from his caucus who dared to stand up to him. It would appear now that Liberals continue to follow in those footsteps. Much has been said already today about we are seeing happen here. [Disturbance in gallery]

Blake Richards, Airdrie—Cochrane

Conservative
“Women veterans told committees about the abuse they suffered in the military. They suggested changes to this military justice bill, and other parties agreed to them. Now the government is ignoring those ideas and removing the amendments. I want the government to listen to veterans and keep those changes in the bill.”
Official Hansard

Mr. Speaker, we have heard a lot about it already, but clearly, in the defence committee, a lot of witnesses came forward, like veterans, and in particular, women veterans. They talked a lot about having the ability to choose and how the justice they needed to receive would be done. The Conservatives listened to that. We worked across party lines to see improvements to the bill. The Liberals did not seem to listen so much, which seems to be a pattern. They like to pretend that they care. They are about to have a majority government that they achieved through backroom deals. They think that means that now they do not have to work with others, work across party lines or listen to the victims. Instead, they can just ram through the changes they want to see. Here, they are trying to do what is politically expedient for them, but they are not listening. They are not hearing the concerns that are being raised. I have the honour of serving on the Standing Committee on Veterans Affairs and fighting for our veterans there. Just a little over a year ago, we tabled what I would consider a landmark study on the experiences of women veterans. That is a study we did over several months. There were about 25 meetings to hear witness testimony. We heard some testimony from women veterans that was absolutely heartbreaking. I know many of the same veterans would have come to speak to the defence committee about the experiences they had, like with military sexual trauma. There are a lot of things that women veterans have experienced during their time in the Canadian Forces, like ill-fitting equipment and other things that are not designed for our women in our military. The Liberals publicly claimed how important this study was for them and how much they cared about this cause. In the end, out of the recommendations that were made, as far as I can tell, the only thing that was acted upon was the idea of creating a women veterans council to advise the Minister of Veterans Affairs. Of course, what we have seen since that time is that the women who were appointed to this committee were telling us that they were not being listened to. They were expressing their frustration. They were expressing concern about the fact that they had no access to the Minister of Veterans Affairs or to the Government of Canada. They simply felt like they were being used for photo ops or as a showpiece. In the end, despite raising these concerns with the Minister of Veterans Affairs, and despite many of us raising them at committee, there were still no efforts being made to listen to or address any of the concerns the members of this council were trying to raise. In January of this year, there was a massive resignation of the majority of the members of the women veterans council, because they claimed they were being ignored. We are now seeing that very same thing play out here with the Minister of National Defence. Therefore, after being forced to finally address the issues that were plaguing the Canadian Armed Forces and driving members from its ranks, and after public embarrassment from an Auditor General’s report, only then did the Liberals decide there was a need to address these issues. As I said, many of these same women veterans we heard from at the veterans affairs committee bravely came forward to recount their experiences, to talk once again to a parliamentary committee and face the trauma they experienced. They offered their advice on ways to amend Bill C-11 to ensure that victims of the broken justice system had their voices heard. Of course, the goal was to ensure that the military justice system would learn from its mistakes, so future members of the CAF would not be subjected to the same cruel experiences that they were subjected to. The amendments made in the national defence committee came straight from veterans. Those veterans had been on the receiving end of the failures of the military justice system. They were the same veterans that the Auditor General reported about and who suffered undue hardship under this system. Once again, the Liberals will pretend that this entire initiative is their own doing to support women. Then, as soon as they got their majority, they dropped the charade and completely wiped out some of the amendments that came from the very work of these women who came forward. Not only is this disrespectful to all of those who came forward and all of those who made themselves vulnerable to try to help future CAF members, but it is also a blatant display of disregard by the Liberal government. It is clear that, once again, this is just another “check the box” for them. Rather than trying to fix the issue, it is some kind of a show of pretending they are doing something. First, the Liberals sat on this issue for almost 10 years, while the media exposed case after case. I do not think Canadians are going to forget how long the Liberals buried their heads in the sand to avoid this issue. What is clear now is that the Liberals are going to attempt to ram through this legislation, rather than actually accept the things that were heard and the work that was done across party lines so that we could actually address the issues in the way the veterans were calling for. The disrespect for veterans does not end there. There have been numerous scandals in just the last few years alone where the Liberal government deliberately continues to ignore what veterans are asking for. I think about the Presence in Absence monument. For those who do not know, this is a monument the Liberals funded, which was supposed to honour those who gave their lives in Afghanistan. The Liberals did not do their due diligence and did not ensure that the project was inspected in the right way. It was constructed listing the names of many surviving veterans as killed in action, and other names, of those who actually did lay down their lives, making the ultimate sacrifice, were left off that monument. As we can imagine, survivors and family members of those who were killed in action were furious. The Province of Ontario put forward a motion to Veterans Affairs, just looking for a simple apology, and there was nothing. It is a clear pattern. With the time I have remaining, I will speak briefly about what the Liberals are doing in terms of the $4-billion cuts they are making to Veterans Affairs and what impact that is going to have on veterans. Veterans are screaming out, because they are going to see five-year wait times to get some of their basic benefits as a result of some of these cuts, including to the bureau of pensions advocates and other cuts. It is shocking, disappointing and sad. It just continues on. This is just another example where veterans are being ignored and not listened to, and where they seem to be the last thing the government thinks about or considers. It is not right. Veterans certainly deserve better. What I would say to the government is to think about the veterans who came forward and how much courage it must have taken for them to recount their stories. What needs to be done is to ensure that the recounting of their stories and the bravery they showed to come forward and try to make things better for their fellow future veterans are honoured in a way that involves listening to what was said and acting upon it, rather than just trying to ram through a piece of legislation and trying to pretend that the Liberals have done something by checking a box. The Liberals need to ensure that these veterans, particularly women veterans, have their voices reflected in this. I do not think that is what we are seeing now, when they are refusing to accept some of the amendments. I really hope that, perhaps, after listening to some of this today, the government will take a step back and say that it needs to make sure these voices are heard and work with the things that have been done across party lines to make sure those experiences are reflected in this. I do not see that now.

Sherry Romanado, Parliamentary Secretary to the Minister of National Defence

Liberal
“Our committee agreed that civilian police and courts should handle sexual crimes in the military. This bill does exactly that, which is what veterans asked for. I do not understand why the opposition member changed his mind.”
Official Hansard

Mr. Speaker, I did listen intently to the intervention of my colleague across the way. He referenced a report that was tabled by the ACVA committee in June 2024. I actually participated in that study as well. That report made a unanimous recommendation, recommendation 40, which states: That the Department of National Defence, in accordance with the many recommendations made in the wake of the Deschamps, Fish and Arbour reports, establish a reporting mechanism outside of the military chain of command, provide victims of military sexual trauma with safe and confidential legal resources, and transfer the jurisdiction to investigate sexual misconduct and prosecute its perpetrators to civilian authorities. This is exactly what Justice Arbour recommended in her recommendation 5, which is exactly what is in Bill C-11. I am not sure why there is a change of heart. We listened to veterans, and this is what they asked for.

Blake Richards, Airdrie—Cochrane

Conservative
“Women veterans told us they need to have a choice. Our changes to this bill give them that choice, but the government is ignoring them. If the government truly cared about veterans, it would listen to them and accept these changes.”
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Official Hansard

Mr. Speaker, what I need to remind the member of is that we are hearing, and the committee heard, from veterans, from women veterans, who have come forward, and they are saying that they need to have the choice. That is what the amendments, which the government is ignoring, are seeking to do. The government can stand up and pretend it is listening. It can claim that it cares. If it really cared, it would listen to what we have heard and act upon it. That is what the amendments give the opportunity to do. The second the government thinks it has a majority government and can do whatever it wants, the idea that it would work together to try to work with everyone and do what is in the best interest of veterans is just completely thrown out the window. That is done the very second it thinks it does not have to listen anymore.

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.

Tim Watchorn, Les Pays-d'en-Haut

Liberal
“I want to know if the member thinks it makes sense for coworkers to investigate, prosecute, and judge sexual crimes in their own workplace. Does that happen anywhere else in the world?”
Official Hansard

Mr. Speaker, I would like to hear my colleague’s thoughts on workplace safety. Does he know anywhere in the world where someone who reports a sexual crime gets investigated, prosecuted and judged by his peers? Does that make any sense to him?

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.

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