Report Stage

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)

86 statements

Melissa Lantsman, Thornhill

Conservative
“Opposition parties worked together in committee to improve this military justice bill. We made military lawyers and police more independent, supported victims better, and protected the rights of the accused. The government wants to remove these changes. I want the House to keep them to protect survivors and support our military members.”
  • A repeated line

    “The director of military prosecutions and the director of defence counsel services.”

    Said 5 times by 4 members since April 23.

    Every time it was said
Official Hansard

Mr. Speaker, I am going to continue from where I left off. The bill in question now addresses the appointment process for the Canadian Forces provost marshal, the director of military prosecutions and the director of defence counsel services, positions that the court justices specifically identified as needing independence from the chain of command. We also added consequences for unreasonable delays in transferring evidence. We strengthened the independence of legal actors so that prosecutions are fair and impartial. We improved supports for victims, including the ability to request a victim liaison officer when trust breaks down because, in these cases, that is very much the currency. We addressed the fairness for the accused ensuring access to defence counsel, regardless of which system hears the case. I think that is the most important change. We included the clause for future review because these changes must be monitored, they must be measured and they must be revisited when it is necessary or when they do not work. Taken together, these amendments represent a serious effort to fix what is broken and to build a system that is more responsive, more accountable and certainly more just. However, these amendments have to be approved by this House and it seems that they are not even going to be considered. We did all of that work in committee for them to not even be considered by the government. That is not really how it is supposed to work. Conservative, NDP and Bloc members agree that these changes are all necessary, but the Liberals have the power to strip these amendments, and that is really what is at the crux of this conversation today. In doing so, they would weaken the accountability of this bill, they would ignore the voices of survivors, and they would remove the very improvements that the victims themselves asked this Parliament to make. We certainly hope they will reconsider, because without these changes, it is not about making life better for those who serve. It would be about making life better for the politicians and the bureaucrats who oversee this, and it is a very different thing. The men and women in the Canadian Armed Forces do not work a nine to five. They serve without limit, and we owe them this in return. I urge every member of this House, including the members who now sit in the opposite benches who worked on this piece of legislation in committee, to reconsider, to stand with survivors and to support the brave men and women in uniform today and every day in this country.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the Conservatives to support this bill. It fixes the military justice system based on an independent report. Our government is working to improve conditions for the Canadian Armed Forces.”
Official Hansard

Mr. Speaker, it is disappointing that the Conservative Party of Canada is determined to fight this legislation, and not recognize the phenomenal work that former Chief Justice Arbour did. It is only over the last couple of weeks that the Conservative Party has come out against the legislation as much as it has. At the end of the day, we have a government that is pushing forward a number of agenda items dealing with the Canadian Forces, whether it is the 2% GDP or the increase in the overall interest in joining the forces, which is at a 30-year high. We are improving the conditions of the military and Bill C-11 is a part of that. I wish the Conservatives would get onside.

Melissa Lantsman, Thornhill

Conservative
“I want military members, veterans, and sexual assault survivors to see that the Liberals are undoing the changes made to this bill. The Liberals are ignoring what military members asked for.”
Official Hansard

Mr. Speaker, I am going to speak directly to the men and women in uniform who are watching this. They had the committee change this bill with the amendments that they, themselves, asked for, both the survivors of sexual violence and the veterans of our military. I want those at home to witness that the Liberals are paving over all the amendments their own members made to this legislation. Justice Arbour did not even come to committee. They waited 11 years to bring this legislation forward. I want them to witness that the Liberals are ignoring the will of this House and the will of the members in uniform.

Sébastien Lemire, Abitibi—Témiscamingue

Bloc Québécois
“The government used its new majority to reject our changes to this military justice bill, including one to make sure trials happen on time. I want to know what my colleague thinks about the government undoing the committee's work.”
Official Hansard

Mr. Speaker, I have been following the bill’s progress. There is something shocking about how Liberal arrogance is what is driving the decision to revisit committee discussions when there were amendments that responded to the justice’s report and acknowledged her work. In particular, there was a Bloc Québécois amendment that addressed timely trials. However, the new majority got this amendment rejected, along with many others. I want to hear my colleague’s thoughts on that. How does she feel about the arrogance that is being shown in this new context, which the people did not vote for but which is the result of floor crossers being bought off by the Liberal government?

Melissa Lantsman, Thornhill

Conservative
“The Liberals are acting like authoritarians. They have shut down four committees to hold secret meetings that the public should know about.”
Official Hansard

Mr. Speaker, it is more than arrogance. We are seeing the beginnings of a very authoritarian streak with the manufactured majority that the Liberals now have. Members who now sit on their benches worked on this report. This is just one example. The Liberals have now shut down four different committees, going in camera to have discussions that Canadians ought to know about. This is a bad start to a majority, and I think Canadians will start to notice.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“Our government is acting quickly to support and improve the military justice system. We want to respect and grow our armed forces. The Conservatives should stop slowing down our bills and funding for the military.”
Official Hansard

Mr. Speaker, the member opposite appeals to members of the Canadian Forces. I, too, would appeal to the members of the Canadian Forces who are following this debate. This has been a long time coming. Earlier this morning, one of the members commented on the bill, asking what was taking so long and why the government has taken so long to bring forward legislation on the issue. We were being criticized. Canada elected a new Prime Minister and a new government a year ago. We are already advancing a total package to reinforce how important it is that we have respect within our forces, that we grow the forces and that they are going to be there. The Canadian Armed Forces is a part of our national security, and we have a government committed to advancing it. Why does the Conservative Party want us to drag our feet, whether it is on the financing of our forces or any other measure that we have proposed to the House of Commons?

Melissa Lantsman, Thornhill

Conservative
“The Prime Minister ignored a report that has sat on a shelf for 11 years. He had the chance to protect military members from harassment, abuse, and discrimination by accepting our changes to this bill, but he chose not to.”
  • Reply to a debate question

    Relevance 100 of 100

    Of this reply, 100% addressed the question or point raised.

    See full analysis
Official Hansard

Mr. Speaker, this report has been sitting on a shelf for 11 years. The Prime Minister had the chance to appeal to members of the armed forces, to give them an environment free of harassment, discrimination and abuse. He had the opportunity to appeal to them and to give them exactly what they asked for in committee, exactly how this bill was changed, and exactly the amendments that are before the House. Instead, he chose not to and defended the indefensible of his own government.

Christine Normandin, Saint-Jean

Bloc Québécois
“The government took years to bring this military justice bill forward, and now it is cutting off debate. It is also using its majority to undo changes our committee made to help victims. Victims asked for the right to choose whether their cases are heard in military or civilian court. The committee agreed to let them choose, and we also voted for an independent watchdog to look into military misconduct. The government is throwing out those changes. It needs to listen to victims and put those fixes back into the bill.”
Official Hansard

Mr. Speaker, I want to begin by going over the timeline of the bill we are debating today and by looking at the fact that the government is shutting down debate and completely undermining the hard work completed in committee by opposition and government members alike. If we look back at the relatively recent past, we can see that the whole issue of changes to the military justice system stems in particular from the report by Justice Deschamps, which was published on March 27, 2015, about 11 years ago. It was a scathing report dealing with misconduct in the armed forces. It was around the same time that Jonathan Vance was appointed chief of the defence staff by the Conservative government of the day. Not long after that, a huge scandal broke out involving Jonathan Vance. Members may recall that. Back in February 2021, we learned from media reports that, as early as 2018, the government had been receiving information alleging sexual offences committed by the new chief of the defence staff, but the government kept a lid on that at the time. The chief of the defence staff retired in 2021, shortly before the scandal exploded. Then, in April of that same year, 2021, Justice Fish submitted a report containing recommendations specifically aimed at cleaning up the armed forces. Following that, after the Liberals had engaged in a very, very long filibuster in committee in an attempt to keep the Vance file under wraps, we got a new defence minister, who seemed keen to take the bull by the horns. She asked Justice Arbour to revisit the work that had been done. Justice Arbour replied that this had already been done, but, in good faith, she nevertheless decided to do it again, in order to update Justice Deschamps’ work and also to include Justice Fish’s work. The aim was to present recommendations aimed at reforming the CAF’s legal environment. At that time, I was a member of the Standing Committee on National Defence. We hoped that all this would lead to a bill aimed at reforming the CAF’s legal system. It took some time, but it eventually arrived. In March 2024, the government finally introduced Bill C-66, which aimed to overhaul the judicial system. We thought this bill would be brought before the House because it was so important. We had been talking about it for so long. Everyone was waiting and waiting. I decided I was going to start reading the bill in detail, knowing that it would end up at the Standing Committee on National Defence once the government put it on the agenda for debate in the House, which it did not do until September. The bill was introduced in March, and the government did not bring it up for debate until September 2024. Each of the major parties at the time—the Liberals, the Conservatives, the Bloc Québécois and the NDP—was given a single opportunity to speak. After that, the government never brought the bill back into the House before the prime minister resigned. The House sat from September through December, but the bill was never brought up again. Members will recall that the prime minister resigned, Parliament was prorogued and an election was called. Now we have the new version, Bill C-11. The Liberals wasted all that time, and now they suddenly want to get it done, so they are throwing a gag order in our face. This gag order has specific and shocking consequences. In many respects, the work has been done in committee. In particular, witnesses commented on the importance of the government’s decision to transfer sexual misconduct cases from courts martial to civilian courts in accordance with Justice Arbour’s recommendation and the amendments set out in Bill C‑11. The witnesses told us that the vast majority of victims would have preferred it if they could still choose which court would handle their case. Some of them told us that it was important for certain cases to be handled by the military system for reasons related to deadlines or evidence or to avoid revictimizing someone by forcing them to restart a process that was already well under way. In some cases, the reasons concerned complexity or trust in the system. These are all good reasons. Victims said that they would still rather choose for themselves. In collaboration with other parties, the Bloc Québécois submitted a recommendation aimed at striking the proper balance. I will now read the clause of the bill as amended by the Bloc Québécois: Choice of victim (2) Despite any other provision of this Act and any other law, the victim of an offence referred to in any of paragraphs (1)(d) to (h), or an individual acting on their behalf, may choose whether the person charged with the offence is to be tried by a court martial or a civil court. We had raised the possibility of this option. We suggested, through a legislative amendment, that the civilian court take into account the nature of the offence, the circumstances under which it was committed, and other factors in deciding whether, at the victim’s request, the case should instead be heard by a court martial. We had nevertheless established guidelines to avoid situations where, for example, multiple victims might have made different choices if the decision had simply been left entirely up to them. The goal was to prevent one victim from opting for a court martial while another chose a civilian court. We would still respect their wishes. I had replaced my colleague from Saint‑Hyacinthe—Bagot—Acton on the committee that day, and I recall that even the NDP was involved, through the member for Nunavut, who had also proposed an amendment so that victims could exercise their freedom of choice in the context of a decision regarding the court that would hear their case. Today, the government is taking advantage of its majority to set aside the work that was done in committee and to set aside the committee members’ vote to adopt the amendment that the Bloc Québécois had proposed as a compromise. I am interested in hearing how the member for Nunavut, who is now on the government side, will vote on this matter. Even though the NDP does not have a seat on this committee, she took the time to attend the meeting, make a recommendation and request permission to be heard and have her recommendation be debated. The goal of her recommendation was for people to have freedom of choice. Now that she is on the government side, I am looking forward to seeing how she will vote. The same thing was done with some Bloc Québécois’s proposals, including one to establish an office of the inspector general for misconduct. The chair of the committee ruled that it was out of scope, that it went too far, that it was beyond the scope of the bill. The entire committee, including the Liberals who had voted in favour of this Bloc Québécois recommendation, agreed to overturn the chair’s ruling. We now see that today in the House, the Liberals, who now have a majority, are going to try to overturn the committee’s decision to overturn the chair’s ruling and go back to the original version of the bill. The same thing happened with another proposal put forward by the Bloc Québécois, which sought to ensure that military judges would automatically cease to be members of the Canadian Armed Forces at the time of their appointment in order to ensure their independence. That recommendation was also made by the Barreau du Québec. It came out of the Fish report. We did not just pull this recommendation out of thin air. The recommendation to create an office of the inspector general came from former Colonel Michel Drapeau, who spoke about this at length in committee. All of this work was done rigorously and conscientiously. We also listened to from the people for whom this bill was intended, who waited so long for this bill. I am completely dumbfounded by the government’s approach today. The government offered us an olive branch following the three by-elections on April 13 and said that it would take the viewpoints of the opposition parties into consideration, that it would work collaboratively. However, it quickly changed its mind when, for example, it decided to unilaterally change the composition of committees, when that is something on which there should be consensus in Parliament. In the past, that was decided by consensus. The Liberals betrayed the legacy of the House in that regard. It is hardly surprising to us anymore when they pull such a stunt, because we have seen them doing these kinds of things for almost a week now. However, I think it is unspeakably sad for the people the bill is primarily aimed at: the victims who took the time to come and testify before the committee, even though it must have been emotionally draining. These victims are being told by the government that muzzling the House was not enough; they are going to muzzle the victims as well. If I were a victim today, I would be outraged by the government’s behaviour, and I hope it realizes that. I still dare to hope that it will reconsider its decision regarding the amendments. We will see how all this leads us to vote on this bill, which is otherwise crucial and could have been handled in a very different way.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“Former justice Arbour talked to over a thousand people to make her recommendations for the military. This bill puts her ideas into place. I want the Bloc to recognize the great work she did.”
Official Hansard

Mr. Speaker, I think in terms of the background of former chief justice Arbour and the work that she conducted. We are not talking hundreds but likely going to 1,000-plus consultations, both direct and indirect. She is an incredible woman who is recognized for human rights beyond Canadian borders and who ultimately came up with this recommendation. I suspect that in all the consultation with former and current CAF members, she came up with a recommendation that she truly believed was in the forces’ best interest. That is what the legislation would put into place. I am wondering if the Bloc would see that maybe we should be giving her more recognition for the work that she did.

Christine Normandin, Saint-Jean

Bloc Québécois
“The Bloc Québécois proposed changes to this bill that followed Justice Arbour's advice and gave victims a choice. Our proposal was fair and balanced. The government is wrongly undoing all the work the committee did on it.”
Official Hansard

Mr. Speaker, as I mentioned, the Bloc Québécois’s proposal was in line with what Justice Arbour had recommended, while also taking into account the requests of several victims who appeared before the committee. However, the work done by Justice Arbour, who also appeared before the committee at the time regarding Bill C-66, dates back five years. The context may have changed since then. It would have been nice to hear from her again in committee, but she would not necessarily have had the opportunity to interview new members of the forces. In any case, as I mentioned, the Bloc Québécois’s proposal was in line with Justice Arbour’s recommendations, but it allowed for a choice in cases where it applied at the request of victims. It was a thoughtful, non-partisan and balanced proposal. What is so absurd today is seeing the government undermine all the committee’s work on this.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the House to support this bill. We promised to support military members and improve the military justice system. Our plan is working, and more people are applying to join the armed forces now.”
Official Hansard

Mr. Speaker, again, I would emphasize that, with the collective opposition we are seeing today on Bill C-11, it was important that we advance and move forward with the legislation, given that the government, in particular this new Prime Minister, was elected last year by Canadians and we made a commitment to the Canadian Forces, the CAF members, whether it was hitting 2% of the GDP or reinforcing supports for the Canadian Forces. We now have legislation to build upon the respect that is necessary among CAF members. It is starting to see results. We actually had over 7,000 people last year who put in their application to become members of the Canadian Forces, which is a record high in 30 years. I believe we are going in the right direction. This legislation is part of a bigger package that this Prime Minister and this government are proposing. I would encourage members to maybe revisit their thinking on the legislation and recognize it for what it is.

Christine Normandin, Saint-Jean

Bloc Québécois
“The Liberals took 11 years to deal with military misconduct, and now they are forcing an end to debate on this bill. They are doing this to undo changes that the committee agreed on, including one supported by their own members. They are ignoring the committee, the opposition, and the witnesses who asked for these changes.”
Official Hansard

Mr. Speaker, it is a bit rich to hear the government say that the time has come to move quickly, considering that the issue has been dragging on for 11 years and that the government tried to sweep the misconduct scandal under the carpet. The government has just told us that since our work in committee is not to its liking, it is going to impose closure. I repeat, the Liberals are imposing closure to overturn the committee’s decisions, one of which was supported by all the committee members, including the government members. It has finally become clear that substance does not matter to the Liberals. What matters to them is bulldozing over decisions and, most of all, throwing out not only the opinions of the opposition parties, but also the opinions of the many witnesses who came to the committee, in what were likely highly difficult, emotionally charged circumstances, to make reasonable, justified requests, which we transposed into reasonable, justified amendments. The Liberals say that they could not care less and that they know better than we do. Unfortunately, this gives us a strong sense of what to expect in the next three and a half years.

Fraser Tolmie, Moose Jaw—Lake Centre—Lanigan

Conservative

Linked statement

“I do not support the government's changes to this bill. Military sexual assault victims should be allowed to choose whether their case goes to civilian or military court. The minister wants to force all cases into civilian courts, even though those courts are already overloaded and victims asked for a choice.”
  • A repeated line

    “Everything has to go directly to civilian police and civilian courts.”

    Said 3 times by 3 members since April 23.

    Every time it was said
Official Hansard

Mr. Speaker, I was actually going to ask my colleague a question there. I did my officer training in her riding of Saint-Jean. It is a beloved area in my life. Some of that I wanted to forget, because of the gruelling training, but I do appreciate my colleague’s speech, her passion for our military and her passion for Quebec. The motto of la belle province is Je me souviens or I remember. I apologize about my French, but I am practising and I have to overcome my own fear. I will do that by speaking with my French colleagues. I want to talk about what the Minister of National Defence tabled last week, and why it matters to people who trusted the House to get it right. The minister tabled report stage amendments that would undo months not just of Conservative work but of committee work. Bloc and Conservative members of the Standing Committee on National Defence sat together, listened to witnesses and built something worth passing. The minister swept it away. Not satisfied with tabling the amendments last week, the government has now moved time allocation to limit how long the House can even discuss them. Survivors came forward twice and made themselves vulnerable twice. I have been asked to speak to the bill because of the work I have done on the Standing Committee on Veterans Affairs. In the last Parliament, ACVA undertook the largest study in its history. It held 23 meetings, with nearly 100 witnesses, with respect to the experience of women veterans. In Parliament we are studying suicide prevention, and in many meetings, MST surfaces as a driver for suicide. The two files are not separate. As part of both studies, the committee undertook dedicated work on trauma-informed practices, what trauma does to memory, to reporting and to the way survivors present themselves in institutional settings. I do not raise this to claim expertise. I raise it because I find myself wondering whether the officials who drafted these report stage amendments, or the members now standing to defend them, have spent comparable time in those rooms. Many of the women who spent months testifying before the veterans affairs committee later came before the national defence committee to speak directly to the bill. They showed up twice. They made themselves vulnerable twice. The minister’s amendments are his response. The cross-party amendments to clauses 7 and 8 would give survivors the right to choose which justice system handled their case, military or civilian. That reflected what witnesses asked for directly. Donna Van Leusden told the committee: For many years, survivors in the Canadian Forces had limited or flawed options, but they still had options. Under this bill...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, and that is not survivor‑centred. She is right, and she is not alone. The provost marshal general testified that over the last five years, 270 out of 735 files stayed with the military police because victims specifically asked for them to stay there. That is more than one-third of all cases. These are real people making an informed choice. The minister’s amendments would eliminate choice entirely. Regarding civilian capacity, the picture is equally concerning. Sexual assault cases exceeding the Jordan framework deadline limits rose from just over 15% in 2016-17 to more than 30% in 2022-23. Nearly half of those cases were stayed or the files withdrawn. The civilian system is struggling with its existing caseload. The Canadian Association of Chiefs of Police was direct in its written submission. It said that the proposed provisions would deny victims the ability to express a preference as to how their complaint is investigated. This departs from the victim-centred and trauma-informed principles that underpin best practices in policing. CACP recommended maintaining concurrent jurisdiction. The people who would be executing this mandate said it would not work. The minister made his amendments anyway. It is worth noting what the minister acknowledged at committee: He has not spoken to Justice Arbour, Justice Fish or Justice Deschamps on this file. When asked how many victims his office consulted when drafting the bill, he said that he would have to get back to the committee. He had not spoken to any provincial justice ministers since taking the portfolio. Jordan framework delays were not in his briefings. He would be implementing a mandatory jurisdictional transfer into a system he has not even consulted, without the resources to support it and over the explicit objection of survivors, the director of military prosecutions and the chiefs of police. There are real consequences to getting this wrong, and they are playing out right now. A decade ago, the Canadian Armed Forces set a target of 25% women in uniform by 2026. Today, after 10 years of stated commitment, the number sits at 16.7%. The recruitment commander said last week that the target is now impossible to reach. In the past fiscal year alone, 1,070 women left the military, the highest rate in five years, despite pay increases. We cannot recruit and retain women in an institution where they know before they sign up that if something happens to them, the system will not put their choice at the centre. That is precisely what Bill C-11, as the minister has now amended it, would fail to do. The government set a target of 25% women. It could not reach a force of 67,000. What exactly is its plan for half a million? When I spoke to the bill at an earlier stage, I said that I hoped that by the time my daughters are adults, parliamentarians would not still be debating how to get this right for people assaulted in the forces in which they choose to serve. I am standing here at report stage, and nothing has changed. If anything, I am less optimistic than I was then. However, I have not stopped believing it is possible. The committee did the work. The result was something worth passing. What the minister tabled last week is not an improvement. It is the government’s substituting its own preference for that of survivors. That is paternalistic. It is further disenfranchisement of the people who have already been rendered powerless once. Conservatives will continue to fight to restore the amendments. The provisions about choice must stand. Civilian capacity must be resourced before jurisdiction is transferred. Survivors who came forward twice, who trusted twice, deserve better than this. We can do better than this. As I said, I am the father of two daughters, and I hope and pray that the work we have put in to make their lives better would be heard by members on the other side of the aisle. We can do better. We owe it to the next generation. We owe it to those who want to join.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“More than 7,000 people applied to join the Canadian Forces recently, which is a 30-year high. We are working to build trust and make the military a respectful workplace. This bill follows the advice of an important report to help do that.”
Official Hansard

Mr. Speaker, I believe there have been significant gains over the last year, when I think of the Canadian Forces, as we try to build up that trust, faith and support for members of the forces. We have seen some very encouraging signs. One of the best ones was the fact that well over 7,000 people actually applied to join the Canadian Forces. That is a 30-year high. Part of that is making sure that we have a respectful workplace. This legislation that has been brought forward is based on a recommendation from former Supreme Court Justice Arbour, who directly and indirectly consulted with well over 1,000 people, I suspect. This is the core of her report. I am wondering—

Fraser Tolmie, Moose Jaw—Lake Centre—Lanigan

Conservative
“The Liberals brag about getting over 7,000 military applications, but they do not say how many people failed to get in. They are also failing to protect and support women in the military.”
  • Reply to a debate question

    Signal 39 of 100

    Much of this statement went to praise, blame, greetings, routine procedure or general stories rather than reasons, requests or specific points.

    See full analysis
Official Hansard

Mr. Speaker, my colleague from across the aisle ran out of time and did not get to ask a question, which is surprising. Here is what I have seen in the last year. The Liberals are pounding their chests, saying that the forces have had over 7,000 applications, but that does not show how many have not made it through. It does not show the failure rate that has happened within the military, nor what the Liberals are doing to fail women who need options and choices when travesty happens to them in the military.

Martin Champoux, Drummond

Bloc Québécois
“The government is rushing this military justice bill through without thinking about the victims. I want to know if my colleague agrees we should take more time to work together and review the committee's changes to this bill.”
  • Question or comment in debate

    Signal 43 of 100

    Much of this statement went to praise, blame, greetings, routine procedure or general stories rather than reasons, requests or specific points.

    See full analysis
Official Hansard

Mr. Speaker, I congratulate my colleague from Saskatchewan on his speech, especially for the few words he spoke in French. I am sure that he will be able to make a speech or provide us with full responses in French in no time. I am optimistic. I congratulate him on his speech on this extremely important topic. The government is treating this issue as if it were a trivial matter, a legislative formality that can be rushed through, even though people have been waiting 11 years for something to happen on this issue. With their new majority, the Liberals are handling this issue without any consideration for the victims, who are likely the people who are most vulnerable and most directly affected by the legislation that is going to be implemented. I would like to know if my colleague agrees that it might be a good idea to take the time to collaborate again and take another look at the amendments that were adopted in committee, some of them unanimously, so that we can carry out our work in a responsible manner that shows respect for the victims.

Fraser Tolmie, Moose Jaw—Lake Centre—Lanigan

Conservative
“We must examine this bill very closely. The government is ignoring my colleagues' recommendations and ignoring the victims.”
  • Reply to a debate question

    Relevance 100 of 100

    Of this reply, 100% addressed the question or point raised.

    See full analysis
Official Hansard

Mr. Speaker, the answer is yes. Yes, absolutely, we need to go through this with a fine-tooth comb. My colleagues have already done the heavy lifting. They have already come forward with recommendations that are being ignored, and that is how the victims feel. They feel ignored. That is what the Liberal government is doing to them: ignoring their pleas and the challenges they have faced. It is unacceptable.

Dalwinder Gill, Calgary McKnight

Conservative
“Witnesses told the committee that victims want to choose between the military and civilian justice systems. Can the member explain why keeping that choice is so important?”
Official Hansard

Mr. Speaker, witnesses at the national defence committee made it clear that many survivors want a choice between the military and civilian justice systems. Could the member explain why preserving that choice is so important?

Fraser Tolmie, Moose Jaw—Lake Centre—Lanigan

Conservative
“Victims need to have choices so they feel safe and heard. The government is ignoring them, and we need to give them options instead.”
  • Reply to a debate question

    Relevance 100 of 100

    Of this reply, 100% addressed the question or point raised.

    See full analysis
Official Hansard

Mr. Speaker, it comes down to victims’ having the choice. They need to feel safe. They feel betrayed. They want to have options, because they want to be heard. This is what I am saying: The Liberal government is ignoring and shutting them out, and they have already been traumatized. We have seen that time and time again, not only in the defence committee but also in the veterans affairs committee. It is not time to shut people out. It is time to give them options. It is time to let them be heard.

Shelby Kramp-Neuman, Hastings—Lennox and Addington—Tyendinaga

Conservative
“I want the government to change this bill so military sexual assault victims can choose between military and civilian courts. The government took that choice away and ignored the survivors who asked for it.”
  • A repeated line

    “Everything has to go directly to civilian police and civilian courts.”

    Said 3 times by 3 members since April 23.

    Every time it was said
Official Hansard

Mr. Speaker, I am very grateful to be able to rise today to speak to Bill C-11. In the previous Parliament, I was able to speak to this legislation’s precursor, Bill C-66. In that speech, I spoke about the two committees I primarily sat on during the previous session, the status of women and national defence. I was able to provide a unique perspective as it related to what was, at the time, Bill C-66. At FEWO, we studied a number of issues related to violence against women. The committee studied violence against indigenous women in the context of resource development, intimate partner violence and coercive control. Prior to that, when I sat on the national defence committee, we studied transparency in the Canadian Armed Forces. During that study, we did hear testimony about how complicated and daunting the entire investigative process can be for armed forces members. I will now re-enter into the record the testimony of Patrick White: First of all, you need to put yourself in the perspective of the most vulnerable kind of person. Respectfully, that’s actually not me. I’m an attorney. I have some legal knowledge. I’m not the most vulnerable kind of person. The most vulnerable kind of person may be the 16-year-old who gets parental consent to join. They may be the person who is so affected by aggravated sexual trauma that they can’t even put their hand on the doorknob to get into work, or may vomit when putting on their uniform. That’s just an example. If you design a system so that individuals like that can navigate it rather than requiring us to be Rory Fowler or Michel Drapeau, you will succeed in having a system that works for everyone. The grievance system, as it stands, requires individuals like me and others to spend our limited part-time, our free time, to fight a system that is paid and employed full-time to fight back. That’s the challenge I have. I am not an expert on military regulation, military law, etc., but they have access to all of those resources. They also have access to legal advice on those issues. Members don’t. What particularly struck me was something Mr. White said after the meeting. He highlighted the labyrinth of regulations, the myriad of hidden file numbers, the thousands of initialisms, acronyms and faceless department nooks and crannies in the depths of DND that one has to know the name of in order to get the paperwork. Patrick was a lawyer, a former staffer, someone who was intimately familiar with the machinations of bureaucracy. He knew where he needed to go and what he wanted, and he found it nearly impossible. In any event, Bill C-66 never got beyond second reading in this place, before dying on the Order Paper due to the previous election. However, I am very happy to see an ever so slightly amended version tabled in this place, and even happier to be able to speak to it today. While reviewing the initial draft of this speech, I took the time to briefly go over the testimony of survivors and experts at the national defence committee when it studied Bill C-11. It was refreshing to see all parties working collaboratively, especially on such a serious and sensitive issue. This was echoed by the member for Selkirk—Interlake—Eastman on April 23, when he spoke in this place about Bill C-11. What he also spoke about was a series of unilateral changes brought forward on the day prior by the government. Those changes, only achievable because of a new-found majority, unilaterally changed the determinations of that committee, government members included. In response to his poignant speech, the member for Lac-Saint-Jean asked the member for Selkirk—Interlake—Eastman, if he could save one portion of the original pan-partisan Bill C-11, what would that be? My Manitoban colleague responded: Mr. Speaker, the key pieces of the bill that we have to maintain are clause 7 and clause 8 as the bill came back from committee and report stage. Those clauses would instill and enshrine the rights of choice for victims of military sexual misconduct and military sexual assault. Those choices, especially as they fall under the definition of sexual assault in the Criminal Code, would need to be dealt with in both systems. With regard to what clause 7 and clause 8 would do now, with the amendments brought forward by the Minister of National Defence, the minister would be taking away all authority and all investigative and prosecutorial powers from the military and giving them solely to civilian courts and civilian police forces. That is a travesty, and it ignores the rights of the victims. The testimony agrees. On November 18, Dr. Karen Breeck stated: the bill removes choice. Mandating the transfer of all 28 listed sexual offence charges, regardless of severity, is not people-centred. It will reduce reporting. Many would prefer a quick internal military resolution, especially for low-risk cases. I’ve spoken to many people who fear being labelled disloyal or overreacting if they were to involve civilian police, particularly for the lower-risk sexual assault cases Colonel Bruce MacGregor, retired, similarly reminded us: The expectation that victims would be completely satisfied with the criminal justice system is aspirational and not realistic. Many allegations of sexual assault—if not most—within the military are what we would characterize not as rape but as what may be considered as a lower level of physical violence. Saying this is in no way an attempt to minimize the impact on victims. Christine Wood, a CAF veteran, was unequivocally clear in her testimony. 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. I support it because the CAF must uphold their 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. The director of the Survivor Perspectives Consulting Group, Donna Van Leusden, stated: This bill removes choice from survivors and reduces flexibility. 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, and that is not survivor-centred. It may offer less flexibility than the military system ever did. The consensus is strikingly clear. As anyone who has ever sat on a committee here knows, there is almost always a multitude of sides to any piece of legislation or study that a committee does. It is shockingly rare to have dozens of witnesses across all walks of life, spread over nearly a dozen meetings, a full day of testimony, be nearly unanimous in their calls for specific change. This is not some regulatory change. This was a call for help from brave survivors who have battled a rotted system designed to silence and diminish them, the very thing Bill C-66 and Bill C-11 were supposed to change. For a while, there was hope. The committee heard the witnesses. Members worked collaboratively. They introduced amendments to Bill C-11. For 62 days, these men and women brought change, and they thought change was coming, from the day the report was tabled before the House up until April 22, when the government tabled a battery of amendments that undid months of collaborative work, completely revoking these changes. One of the first things the government did with its newly secured majority, even before the three new members took their seats in this place, was table a sweeping set of changes that eliminated that hard work. Not only is this an insult to the witnesses who were strong enough to come out and give their testimony, but it is disrespectful to the members of the committee, including the government members sitting on that committee. What the government did was worse than simply not listening. What it did was tell these witnesses and the thousands, if not tens of thousands, of survivors, “We hear you. We quite literally brought you before a standing committee of the House of Commons to listen. We sympathize with you. We even amended the legislation, but we no longer need you.” This is not collaboration whatsoever. This is dismissal.

Discussion

No comments yet

See the full discussion

Comment rules

More from sitting 116

  1. Government Orders Military Justice System Modernization Act 35 statements
  2. Private Members' Business Criminal Code 13 statements
  3. Government Orders Government Orders 8 statements
  4. Oral Questions Finance 4 statements
  5. Oral Questions Natural Resources 4 statements
  6. Oral Questions Finance 4 statements
  7. Oral Questions The Economy 6 statements
  8. Oral Questions Finance 4 statements
  9. Oral Questions Natural Resources 4 statements
  10. Oral Questions Taxation 4 statements
  11. Oral Questions Finance 2 statements
  12. Oral Questions Public Services and Procurement 4 statements
  13. Oral Questions Finance 4 statements
  14. Oral Questions The Economy 4 statements
  15. Oral Questions Finance 2 statements
  16. Oral Questions Veterans 2 statements
  17. Oral Questions Natural Resources 7 statements
  18. Oral Questions Immigration, Refugees and Citizenship 10 statements
  19. Oral Questions Emergency Management 2 statements
  20. Oral Questions Indigenous Affairs 6 statements
  21. Oral Questions Northern Affairs 2 statements
  22. Oral Questions Indigenous Affairs 3 statements
  23. Oral Questions The Economy 5 statements
  24. Government Orders Report Stage 86 statements
  25. Adjournment Proceedings Adjournment Proceedings 4 statements
  26. Adjournment Proceedings Adjournment Proceedings 4 statements
  27. Adjournment Proceedings Adjournment Proceedings 4 statements