Military Justice System Modernization Act

Bill C-11, Military Justice System Modernization Act · Third reading · 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)

10 statements

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

Liberal
“This bill follows an important report based on feedback from many armed forces members. I support moving some cases from military courts to civilian courts. I want to know what the member thinks about doing that.”
Official Hansard

Mr. Speaker, we heard a lot about the consultations that have taken place. I would refer the member to Justice Arbour’s report and the amount of work involved in the presentation of that report. I have made reference to the 48 recommendations in total, of which I believe three dozen have been implemented. The essence of this bill deals with one specific recommendation that is based on literally hundreds if not, indirectly, thousands of individuals, CAF members and others. I believe it is the right recommendation. What are the member’s thoughts with regard to that specific recommendation where we would transfer cases from the military to the civilian court?

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

Liberal
“I am glad the Bloc Québécois supports this bill. It moves sexual assault cases out of the military and into the regular court system, based on an expert report.”
Official Hansard

Mr. Speaker, in one sense, I am encouraged that the Bloc members are going to be supporting the legislation, recognizing that we do need to take cases of sexual assaults and abuse out of the military system and put them into the civilian justice system. That is encouraging. I hope to address the concerns of the member and of the previous speaker in my comments shortly. I would reinforce that the bill would be based on the Arbour report and its findings. She came up with a number of recommendations. Personally, I am very comfortable with those recommendations and hope to be able to substantiate it. It is more of a comment than a question, in case the member has anything else she would like to add.

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

Liberal
“I want this bill to pass without changes, and I will vote against the Conservative amendment to send it back to committee. The bill takes sexual crimes out of the military justice system and puts them into civilian courts, which was the final recommendation of the Arbour report. It will make the military safer and more respectful.”
  • A repeated line

    “Should liaise with civilian law enforcement at the earliest possible opportunity?”

    Said 4 times by 3 members since April 23.

    Every time it was said
Official Hansard

Mr. Speaker, it is a pleasure to rise to speak to Bill C‑11 and to share a few thoughts. I would like to address both the previous speakers from the Bloc, who talked about the government since it has become a majority. I want to be very respectful. The last member spoke about when a bill goes to committee and whether she should prepare amendments, as she is not sure whether the amendments would actually be listened to by the government. The government has demonstrated, in a very clear fashion, its desire, and in particular that of the Prime Minister, to work collaboratively with opposition members, with all members. If members have good ideas, we want to hear about them. That is a message that the Prime Minister has been very clear on. We actually have some very good, tangible examples that have taken place in the last week. In fact, the very first action of the government since having a majority in the House of Commons was to pass a Conservative private member’s bill, Bailey’s law. Then, just the other day, I was speaking on silver alerts, another Conservative private member’s bill. We are seeing that bill go to committee. Yesterday, I was speaking about how corporations are not necessarily paying their taxes, because of bankruptcy, and how we could get more information about that through the CRA. Again, that legislation passed third reading yesterday. That, in itself, speaks volumes in terms of the government’s willingness to continue to work collaboratively with opposition parties. I would encourage the member to continue to look at ways we could improve legislation. The government has a healthy, strong legislative agenda as we try to look at ways we could develop, promote and make public policy that Canadians from coast to coast to coast would benefit from. That is the driving factor behind the government, and I believe we have demonstrated that. There is a reason that the amendments to this bill were ultimately rejected at report stage, and I will go into that shortly. Before I do that, I want to say I had the privilege of serving in the Canadian Forces. Even though it was just over three years, it helped shape who I am today. I love my country, I love the community in which I live, and I want to make our Canadian Forces stronger and healthier and to build an environment that is respectful and encourages involvement by those who want to be members of our regular force or our reserves. I like to think all members want to see that, Mr. Deputy Speaker, and I must say, you look great in that chair. I believe all members would like to have that sort of an environment in our forces. We have made significant gains to that point. Last year, there were around 7,000 new members going into the regular force. Thousands more applications are being received. The size of our reserve forces is also growing. I believe the Prime Minister has helped changed the mindset that people have when looking at the Canadian Forces today. Over the years, I have witnessed first-hand how governments have talked about increasing the overall funding, compared to GDP, to the Canadian Forces. We had a president of the United States speak on the floor of the House about the importance of Canada contributing its fair share toward our forces and the United Nations. We were at an all-time low 18 years ago; I think it was just under 1% of Canada’s GDP. Our Prime Minister today, during the last federal election, made a commitment to get it to 2%. Not only have we achieved it, but we literally achieved it months ago. For the first time in generations, Canada is back up to 2% of our GDP in supporting our Canadian Forces. When we talk about the importance of building Canada strong and secure, our Canadian Forces play a critical role in that. The recruitment, in terms of numbers, and the level of interest today are far greater than they were a year ago because, I believe, people are understanding and appreciating that this is a government and a Prime Minister that are committed to building a stronger Canadian Forces. There are many benefits to doing that. If we look at the industries that support our military, our industrial industries, there are many different opportunities for businesses with the growth we are bringing to our Canadian Forces. It is an excellent opportunity. For example, in Winnipeg, I believe we will see growth in our aerospace industry as a direct result of the commitment to grow our Canadian Forces. We can look at the important role that our reserves play in our forces. We all have, if not directly within our constituencies then close to our constituencies, reserve regiments or military armouries. It is wonderful to see first-hand those individuals who have committed to be part-time members of the Canadian Forces. Again, we see that growth. A combination of things has enabled that to take place. It was not that many years ago, eight or nine years ago, when the serious issue of sexual exploitation, harassment and abuse was making headline news in media throughout the country. A decision was made that we needed to act upon that. How could we build the Canadian Forces without making sure the people who are prepared to make the sacrifice to participate feel they will be respected? When we look at Bill C-11, what we need to really appreciate and understand, for those who are following the debate, is what Justice Arbour put on paper and the amount of effort she put into providing a report to the House of Commons. I believe that her report was right on. The recommendations she provided were right on. I made reference earlier to the recommendations that have been implemented, that I believed it was three dozen out of 48. I was really out. It is actually 47 of 48 recommendations that have been put into place. With the passage of Bill C-11, it would mean 48 of the 48 recommendations would be in place. If we flash back to the time when Madam Arbour was hired to take on that position and come up with the report, there was no lack of interest from a wide spectrum of stakeholders, from first-hand victims of sexual abuse, which would include rape and others, to individual stakeholders who were on the periphery but wanted to provide direct input. These are the individuals I have mentioned; we are not talking about a dozen or so. Whether directly or indirectly, there were 100 going up to 1,000 contributions to the “Invisible No More. The Experiences of Canadian Women Veterans” report by Madam Arbour. I cannot recall anyone being critical of that particular appointment. The last time we were debating this legislation, and I was talking about Madam Arbour, I had no idea that she was going to be Canada’s Governor General. However, it is encouraging to see the response to that appointment, and how exceptionally well she is being received into that position. It does not surprise me, because when I was talking about Madam Arbour, I talked about her credentials. In doing this report, there was no doubt a great deal of thought in making sure we got the right person to do it. One can do a quick Google search and get a good sense of who Madam Arbour is, as a jurist or an advocate, here in Canada and internationally. She is very familiar with the issues at hand, which put her in a great position to do the study and provide it to the government so that the government could ultimately straighten things out and build a more respectful, inclusive Canadian Forces. When we take a look at the timeline, we see that in October 2021, Madam Arbour submitted the interim recommendations to immediately refer sexual assaults and other criminal offences of a sexual nature under the Criminal Code to civilian authorities. On June 3, 2022, the Canadian Forces provost marshal issued a statement regarding the transfer and referral of cases alleged to have been committed by CAF members from the military police to federal, provincial and municipal police services. In August 2022, the Canadian Forces provost marshal amplified the original direction that came from December 2021 to state that all military police investigations into allegations of criminal offences of a sexual nature were now to be processed through civilian courts. There has already been a major shift in that direction. If we look at the report, we see that there are 48 recommendations, and 47 of them have actually been implemented. Here is the one that has not been implemented. It says: Criminal Code sexual offences should be removed from the jurisdiction of the CAF. They should be prosecuted exclusively in civilian criminal courts in all cases. I want to highlight the word “exclusively”. I suspect that many of the arguments committee members would have heard at the last committee meeting, Madam Arbour would have also heard in the representations that were made to her. It continues: Where the offence takes place in Canada, it should be investigated by civilian police forces at the earliest opportunity. Where the offence takes place outside of Canada, the MP may act in the first instance to safeguard evidence and commence an investigation, but should liaise with civilian law enforcement at the earliest possible opportunity. This should include: Sexual offences found in Part V of the Criminal Code; Sexual offences found in Part VII of the Criminal Code, including but not limited to sexual assaults; and Any “designated offence” as defined in subsections 490.011(1)(a), (c), (c.1), (d), (d.1) or (e) of the Criminal Code, to the extent not already captured above. That is the only recommendation, from what I understand, that has not been implemented of the 48 recommendations. It is a very clear and concise recommendation, I would suggest to members opposite. That is why I appreciate how the Bloc is positioning itself on the bill. I have a deep respect for what takes place in our standing committees. I understand the pros and cons, the filibusters, the things that come before standing committees, the difference in personalities, how personalities can make a difference and even how a chair can make a difference, but let there be no doubt that there are opportunities for us to see wonderful things come out of the standing committees. I do not want to take away from the standing committee, but I am confident that Madam Arbour would have been aware of the issues raised at the standing committee. There is no indecision in her recommendation. People will say that things change in time. Well, what was the Conservative Party of Canada’s position a month ago? What they are saying, in essence, is that they have changed their position. Based on what? How does that counter the full report and the 48 recommendations? To what degree was that seriously taken into consideration within the Conservative caucus? Our newly appointed Governor General, who has to be apolitical, had a report. She had incredible credentials. We took a look at recruitment today. The numbers are high, a 30-year high in terms of people wanting to become a part of the regular forces, and the reserve numbers are also going up. We are changing the attitude. There is a more respectful culture within our Canadian Forces. We need to continue to move forward on this legislation, as it will pass. The Prime Minister has made it very clear that whether it is bringing our military to the 2% GDP, supporting our members of the Canadian Forces financially or providing a modernization of the industrialization of Canada’s military supplies, we are going to be there to reinforce a strong and secure Canada. The Canadian Forces play an absolutely critical role, and this legislation is very important. I would suggest that the Conservative Party recognize that the last 12 months have demonstrated very clearly that the government is on the right track, and we need to continue to move forward. I will not vote for the amendment that the Conservatives want. The Conservatives are suggesting that it go back to committee and that they do not support Bill C-11. I believe that is a mistake and they should be revisiting it and changing their position. It would be nice to see unanimous support for Bill C-11 passing as is being proposed by the government today.

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

Liberal
“I trust the military police to handle crimes that happen outside Canada. They can collect evidence and work with civilian authorities at home, just as the Arbour report recommended. I fully support that plan.”
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Official Hansard

Mr. Speaker, I have confidence, given the direction from Madam Arbour, that for offences that take place outside Canada there is a role for the military police, and that they are more than capable of fulfilling that role, such as the gathering of evidence and working with civilian authorities back in Canada. I think that is the right direction, as has been instructed by Madam Arbour’s report, which has my full support.

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

Liberal
“Our government wants to work together with opposition parties, other levels of government, and Indigenous communities. We have already supported Conservative bills to show that we can cooperate.”
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Official Hansard

Mr. Speaker, I addressed the issue of collaboration at the very beginning of my comments. I talked about how, at the first opportunity we had when we had a majority of members on the floor of the House of Commons, the first action that was taken was the passage of Bailey’s law, which was a Conservative private member’s bill. We have the silver alert legislation, which is again another Conservative piece of legislation, and we indicated we wanted to see it go to committee. Just yesterday we passed at third reading, amendments to a bill that deals with the CRA. The government has been very clear, and the Prime Minister has indicated very clearly, outside and inside this chamber, that we want to work collaboratively with opposition members, provincial governments, municipalities and indigenous communities. That is the right thing to do. We want to build that stronger and healthier country for all.

John-Paul Danko, Hamilton West—Ancaster—Dundas

Liberal
“I want to ask the member how the government can make sure everyone serving in our military is kept safe and protected.”
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Official Hansard

Mr. Speaker, the member spoke about his time serving in Canada’s Armed Forces. Just recently, I had the opportunity to spend some time at the HMCS Star in Hamilton speaking with recruits, reservists, veterans and cadets, the young men and women in Canada’s military who are so proud of their country and their service. I spoke with the commander who talked about the increase in recruiting and interest in serving in Canada’s military and the new opportunities for an advance presence in Hamilton. I wonder if the member could comment on our role, as the federal government, in making sure that everyone who is serving Canada in our military, in the Armed Forces, is protected and safe in their service.

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

Liberal
“I want the House to pass this bill. It puts 48 important recommendations into place to support our military. I served in the Armed Forces, and I know how much people benefit from their time in service.”
Official Hansard

Mr. Speaker, I truly appreciate the question because I think it goes two ways. The government has a responsibility. We are living up to that responsibility. Again, I will reinforce that, after this bill passes, the 48 recommendations will in fact be put in place. They are respectful, inclusive and absolutely critical. We need to continue to support our forces in the manner in which we have over the last 12 months. Second to no other Prime Minister in generations, we have a solid commitment. I also want to make reference to this. The member mentioned my time in the Armed Forces. I had the honour to serve for just over three years, which was an absolute privilege. It is the skill sets that are gained by members of the forces that turn out to be such a wonderful asset in the future. Whether one is in the forces for three years or 30 years, there is a great deal of benefit had by all.

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

Liberal
“I support the report's recommendation. Military police should handle cases outside Canada because they know how to collect and protect evidence there. Other countries do not always have the same justice system we do.”
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Official Hansard

Mr. Speaker, I believe the recommendation is fairly clear. It is recommendation number five from the Arbour report. I recommend that the member opposite read the recommendation. I do believe that military police, in dealing with the issue outside of Canada, have a level of expertise in collecting and protecting the integrity of evidence and securing the situation so that we can ultimately see justice served. Not all communities or theatres in which the Canadian Forces might participate have the same rule of law or the same court system or justice system that would match the Canadian system. I think the way it has been recommended—

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

Liberal
“I support using civilian courts for these military offences because an expert report recommended it. The person who wrote that report talked to many people, including victims, and I trust her advice.”
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Official Hansard

Mr. Speaker, I will give it my best shot. It is because of a specific recommendation. Justice Arbour knew, consulted and worked with hundreds if not thousands of people, directly or indirectly, including victims. Her recommendation says that these offences “should be prosecuted exclusively in civilian criminal courts in all cases.” There is an exemption if it takes place outside of Canada. I personally have more confidence in that report today than in what has been brought before me. That is the reason.

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

Liberal
“I want us to agree to end debate early and move on to private members' business.”
Official Hansard

Mr. Speaker, I suspect if you were to canvass the House, you would find unanimous consent at this time to call it 1:30 p.m. so we could begin private member’s hour.

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