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Military Justice System Modernization Act

2026-05-08 Sitting 120 Showing 1–5 of 5

A bill to reform the military justice system, including removing military jurisdiction over sexual assault cases in Canada. In debate, the Bloc pushed for more victim choice in the system, while the Liberals insisted their approach was best. Conservatives asked for amendments to be reconsidered. Much discussion focused on parliamentary procedure, majority powers, and collaboration between parties.

Official Hansard ↗

Alex Ruff

Conservative 12:20 p.m.

“It should be the victim's choice. Civilian courts can't always handle these cases. We've made changes so the military can take action too. The member across keeps talking about an old report. A lot has changed since then. We've given victims more choice. What does the member think about that?”

Official Hansard

Mr. Speaker, I want to address the amendment that was tabled by my colleague, and even the comments that just came from the member for Winnipeg North, because I agree with my Bloc colleague that this is about choice for the victims. The member for Winnipeg North keeps bringing up this issue of what Justice Arbour recommended. A lot has changed, and I gave a full speech on this earlier this week at the report stage, highlighting that we have actually gotten this right. The system now provides that the military police try to transfer any of these Criminal Code sex offences to the civilian courts or to the civilian jurisdiction. However, police in these jurisdictions are coming back saying they cannot do it. Their threshold is too high, they do not have the resources, and now, basically, justice is not getting served. With the choice that has existed now over the last five years, we are giving victims the opportunity to make sure justice is served and for the military to take administrative action even when criminal court proceedings go through on the civilian side. What does the member think about those comments?

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Alex Ruff

Conservative 12:35 p.m.

“I want this bill to go back to committee. The government took out parts that the committee agreed on. The minister said he's open to putting a part back in. But now the government says it's up to the Senate to fix it. Isn't that hypocritical? Can't you admit this is a mess?”

Official Hansard

Mr. Speaker, I want to address the amendment that was moved by my Conservative colleague earlier today, which is to put this bill back to the committee to, specifically, look at some of the clauses and amendments that were passed by the committee, including Liberal members of that committee, which the government, unfortunately, has removed during report stage. This is important because the minister signalled publicly in this chamber, just a day or two ago, that he is open to having the sunset clause be put back in. That was passed by the committee when it was studying the bill. Does the member think it is somewhat hypocritical of the government to say, “We have screwed this up. We made a mess of it. We are going to let the Senate fix it. It can amend it and then send it back to us”? What does the member think?

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Alex Ruff

Conservative 1:00 p.m.

“I want to pin you down to a yes or no answer. Do you trust the military police to handle sexual assault cases that happen outside Canada?”

Alex Ruff

Conservative 1:05 p.m.

“I served in the military for a long time. You said our military police can handle crimes overseas, but that's not what the bill does. The military justice system will still handle these cases. Do you really trust the military justice system to do the job?”

Official Hansard

Mr. Speaker, as the member knows, I spent 25 and a half years in uniform serving our great nation. I want to get back to the answer to my previous question. The member stated that if one of the members of the CAF commits a heinous crime, a Criminal Code sexual offence, overseas, he has complete faith in our military police to be able to collect the data, but then it needs to be transferred to the civilian courts. Unfortunately, that is not what is going to happen when Bill C-11 passes. The same thing that occurs right now will happen when that bill passes. If the military police can find a police of jurisdiction, if there is some way to make that connection and they are willing to take that charge on, then, yes, but in the end it is going to be the military justice system that is going to do justice for these victims. Does the member have faith that our military justice system can do the job and provide justice for the victims?

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Alex Ruff

Conservative 1:10 p.m.

“I'm disappointed the government removed the amendments we added in committee. The bill should make sure victims get justice. I hope the Senate puts the sunset clause and data collection back in. If we don't get this right, we'll be back here apologizing to victims in a few years.”

Official Hansard

Mr. Speaker, because of the programming motion and the time allocation on this, I am going to be the last individual to speak in this chamber, unless the bill comes back, and there is a very high probability that it may come back, based on the Minister of National Defence's indication earlier in this chamber. When I spoke to the bill earlier this week, I highlighted the importance that we get it right. This is about the victims. This is about our military justice system. This is about retaining the credibility of our military police and our military prosecutors, but in the end, it is all about a victim-centred, trauma-informed decision within our Canadian Armed Forces. I have highlighted before that ultimately the decision was made in late 2021 by the director of military prosecutions, in light of the report that came out by Justice Arbour, to try to transfer all Criminal Code sexual offences to the civilian authorities. In the last five years, we have learned that the civilian police of jurisdiction do not have the resources or the capacity to deal with all these Criminal Code sexual offences. Part of the reason is that sometimes the cases are historical in nature and the courts do not view that they are in the best interest of public safety here in Canada. However, they are definitely in the best interest of justice within the Canadian Armed Forces, discipline and the necessary requirements that we need of our Canadian Armed Forces members. If all the amendments that were done, in some cases with all-party consensus, get removed and Bill C-11 passes in its current form, the challenge we are going to have is that the victims are not going to get justice. There are two things that I think we are going to see happen at the Senate. Based on the minister's own commentary here in the chamber, he is open to the sunset clause amendment that did pass at committee, which the government has since removed, to be put back into the bill. The other thing I think needs to be included in the bill is some sort of data collection provision. The biggest challenges we hear all the time, especially as these cases get transferred to civilian authorities, are how many they actually take, how many result in a charge being laid and how many end up with something occurring. These are all very important things that I think we need to do, and I encourage those members in the other place to take this into consideration as the bill goes forward. However, the ultimate disappointment I have with the government's decision not to respect the victims and the decisions made at committee is that we are not going to get this right. As I said before, I predict that those of us who will have the privilege of still being in this chamber in a few years will be dealing with the next iteration of this bill and, unfortunately, apologizing to the victims who are not going to get the justice they deserve.

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