Abdelhaq Sari, Bourassa
“I support this bill. It permanently moves the investigation and prosecution of military sexual assault cases to civilian courts. Victims need an independent justice system outside of the military chain of command.”
“Mr. Speaker, we are here today to debate a bill that means a great deal to me, a bill focused on issues that transcend partisan divides. Bill C-11, the military justice system modernization act, is a practical, structured and too long-awaited answer to realities that we can no longer ignore. I am rising to speak to an issue that affects the public trust, the dignity of the women and men who bravely serve their country and the very integrity of our institutions: a profound and lasting cultural transformation of the Canadian Armed Forces. For too long, members of the armed forces, especially but not exclusively women, have carried a silent burden. Courageous testimony has brought to light disturbing realities: sexual misconduct, abuse of power, a climate of fear and, at times, a sense of persistent impunity. This testimony is not an exception to the rule. It is the rule, and it points to a systemic problem. Ad hoc solutions are not enough to address a systemic problem. What it takes is a profound, thoughtful, courageous and coherent transformation enshrined in law. That is exactly what Bill C‑11 proposes, supported by recommendation 5 of the Hon. Louise Arbour, former Supreme Court justice. Bill C-11 proposes significant amendments to the National Defence Act. It aims to modernize a military justice system that, in some respects, has failed to keep pace with the changing values and expectations of Canadian society. Basically, it strengthens accountability, reinforces institutional independence and ensures compliance with the standards of fairness that Canadians expect. As introduced, Bill C-11 removes the Canadian Armed Forces’ jurisdiction to investigate and prosecute Criminal Code sexual assault offences and gives that jurisdiction to civilian authorities. This is not a new approach. It is in keeping with the interim directive adopted in December 2021 based on Justice Arbour’s interim recommendation. Since then, all new charges of sexual offences under the Criminal Code have been shifted to the civilian justice system. The directive has proven its worth. Bill C-11 enshrines it in law and makes it permanent. Any attempt to undermine or undo the progress made over the past five years would constitute an unacceptable step backwards and a direct affront to the victims and survivors who have had the courage to speak out. The Liberal government has chosen to take action, not with symbolic gestures, but with a clear and measurable commitment to bring about lasting change. This has resulted in the strengthening of independent report mechanisms, improved support for victims, greater transparency in disciplinary processes and a renewed commitment to accountability. Let us be clear, however, that changing an institutional culture cannot be achieved through legislation alone. It requires time, consistency, and above all the political courage to challenge structures deeply rooted in an institution’s history—in this case, the military. It is in this context that Justice Arbour’s report marked a turning point. This report did not merely identify the flaws, it charted a course forward, a demanding but necessary one. Among its recommendations, recommendation five stands out for its scope and the clarity of the message it sends to all of Canadian society. Some might wonder why the transfer to civilian courts is so fundamental. The answer is simple, but it touches on the very essence of what we mean by justice. Justice must not only be done, but must also be seen to be done independently and impartially. However, in a system where the chain of command plays a central role in every aspect of a service member’s professional life, there exists a structural perception of a conflict of interest whether we like it or not, whether we accept it or not. For a victim, this perception alone may be enough to discourage any reporting. Imagine what it is like for someone who has to report an assault in a context where their career, performance reviews and professional future depend directly or indirectly on the very organization that is handling their complaint. This is not just a procedural matter. It is a matter of fundamental trust, and without trust, there can be no justice. By transferring these cases to the civilian system, we are introducing a crucial institutional distance and ensuring genuine independence, which strengthens the credibility of the process and sends a clear message to victims that their voices matter, their safety is a priority and their cases will be handled with all the rigour and impartiality they deserve. To those who cite the unique nature of the military context as a reason to maintain internal jurisdiction, I would say that, when it comes to serious criminal offences, especially sexual offences, the highest standards of independence and expertise must prevail. The civilian system has these capabilities. It has the necessary resources and specialized training, and, above all, it has the experience required to handle these cases with the sensitivity and rigour they require. A strong chain of command is not about absolute control. It is about trust. Trust is built on justice, actual justice and perceived justice. Transparency is also important for building trust. Above all, responsibility and accountability are essential. Enshrining recommendation five in law does not weaken our military institutions; it strengthens them. It recognizes that certain functions need to be performed outside the chain of command to ensure their integrity. Integrity is the very foundation of any trustworthy institution. I will even repeat that statement by saying that integrity is the sine qua non of any trustworthy institution. A strong military is not only defined by its ability to defend our borders; it is also defined by the respect it affords to each and every one of its members. It is also defined by its ability and, above all, its willingness to evolve. In conclusion, refusing to change means accepting that the same injustices will persist. We have a collective responsibility here to reject that. Today, we have a real opportunity, an opportunity to transcend partisan lines, an opportunity to turn our commitments into action, an opportunity to send a clear message that dignity, security and justice are non-negotiable. Behind every reform are individuals, women and men who have chosen to serve this country with courage and dedication. They deserve more than our gratitude. They deserve a safe environment, a fair system and an institution that reflects the values they uphold. That is precisely what we have a responsibility to build here.”
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A repeated line
“All new charges of sexual offences under the Criminal Code have been brought in the civilian justice system.”
Said 4 times by 4 members since April 23.
Every time it was said
Mr. Speaker, we are here today to debate a bill that means a great deal to me, a bill focused on issues that transcend partisan divides. Bill C-11, the military justice system modernization act, is a practical, structured and too long-awaited answer to realities that we can no longer ignore. I am rising to speak to an issue that affects the public trust, the dignity of the women and men who bravely serve their country and the very integrity of our institutions: a profound and lasting cultural transformation of the Canadian Armed Forces. For too long, members of the armed forces, especially but not exclusively women, have carried a silent burden. Courageous testimony has brought to light disturbing realities: sexual misconduct, abuse of power, a climate of fear and, at times, a sense of persistent impunity. This testimony is not an exception to the rule. It is the rule, and it points to a systemic problem. Ad hoc solutions are not enough to address a systemic problem. What it takes is a profound, thoughtful, courageous and coherent transformation enshrined in law. That is exactly what Bill C‑11 proposes, supported by recommendation 5 of the Hon. Louise Arbour, former Supreme Court justice. Bill C-11 proposes significant amendments to the National Defence Act. It aims to modernize a military justice system that, in some respects, has failed to keep pace with the changing values and expectations of Canadian society. Basically, it strengthens accountability, reinforces institutional independence and ensures compliance with the standards of fairness that Canadians expect. As introduced, Bill C-11 removes the Canadian Armed Forces’ jurisdiction to investigate and prosecute Criminal Code sexual assault offences and gives that jurisdiction to civilian authorities. This is not a new approach. It is in keeping with the interim directive adopted in December 2021 based on Justice Arbour’s interim recommendation. Since then, all new charges of sexual offences under the Criminal Code have been shifted to the civilian justice system. The directive has proven its worth. Bill C-11 enshrines it in law and makes it permanent. Any attempt to undermine or undo the progress made over the past five years would constitute an unacceptable step backwards and a direct affront to the victims and survivors who have had the courage to speak out. The Liberal government has chosen to take action, not with symbolic gestures, but with a clear and measurable commitment to bring about lasting change. This has resulted in the strengthening of independent report mechanisms, improved support for victims, greater transparency in disciplinary processes and a renewed commitment to accountability. Let us be clear, however, that changing an institutional culture cannot be achieved through legislation alone. It requires time, consistency, and above all the political courage to challenge structures deeply rooted in an institution’s history—in this case, the military. It is in this context that Justice Arbour’s report marked a turning point. This report did not merely identify the flaws, it charted a course forward, a demanding but necessary one. Among its recommendations, recommendation five stands out for its scope and the clarity of the message it sends to all of Canadian society. Some might wonder why the transfer to civilian courts is so fundamental. The answer is simple, but it touches on the very essence of what we mean by justice. Justice must not only be done, but must also be seen to be done independently and impartially. However, in a system where the chain of command plays a central role in every aspect of a service member’s professional life, there exists a structural perception of a conflict of interest whether we like it or not, whether we accept it or not. For a victim, this perception alone may be enough to discourage any reporting. Imagine what it is like for someone who has to report an assault in a context where their career, performance reviews and professional future depend directly or indirectly on the very organization that is handling their complaint. This is not just a procedural matter. It is a matter of fundamental trust, and without trust, there can be no justice. By transferring these cases to the civilian system, we are introducing a crucial institutional distance and ensuring genuine independence, which strengthens the credibility of the process and sends a clear message to victims that their voices matter, their safety is a priority and their cases will be handled with all the rigour and impartiality they deserve. To those who cite the unique nature of the military context as a reason to maintain internal jurisdiction, I would say that, when it comes to serious criminal offences, especially sexual offences, the highest standards of independence and expertise must prevail. The civilian system has these capabilities. It has the necessary resources and specialized training, and, above all, it has the experience required to handle these cases with the sensitivity and rigour they require. A strong chain of command is not about absolute control. It is about trust. Trust is built on justice, actual justice and perceived justice. Transparency is also important for building trust. Above all, responsibility and accountability are essential. Enshrining recommendation five in law does not weaken our military institutions; it strengthens them. It recognizes that certain functions need to be performed outside the chain of command to ensure their integrity. Integrity is the very foundation of any trustworthy institution. I will even repeat that statement by saying that integrity is the sine qua non of any trustworthy institution. A strong military is not only defined by its ability to defend our borders; it is also defined by the respect it affords to each and every one of its members. It is also defined by its ability and, above all, its willingness to evolve. In conclusion, refusing to change means accepting that the same injustices will persist. We have a collective responsibility here to reject that. Today, we have a real opportunity, an opportunity to transcend partisan lines, an opportunity to turn our commitments into action, an opportunity to send a clear message that dignity, security and justice are non-negotiable. Behind every reform are individuals, women and men who have chosen to serve this country with courage and dedication. They deserve more than our gratitude. They deserve a safe environment, a fair system and an institution that reflects the values they uphold. That is precisely what we have a responsibility to build here.
