Hon. David McGuinty · TranslatePolitics.ca

Government Orders

Military Justice System Modernization Act

2026-05-04

“I want to spend more on the military. I want to change how they handle justice. I think this will make the military better.”

Official Hansard

Mr. Speaker, we have made a decision. We are going to be rebuilding, rearming and reinvesting in the Canadian Armed Forces. Inherent in that rebuilding, rearming and reinvesting is the important question of bolstering trust in the military justice system by providing legal clarity, as recommended by Justice Arbour, and by enhancing the independence of key military justice actors, as recommended by former Justice Fish. We are moving forward. The member makes an important point. The Canadian Armed Forces and all the work that we are doing there begins with our people. We need to make sure they can work in a safe, transparent, robust workplace. If there are challenges, members of the armed forces need to know that the legal system that is there to protect them will in fact work.

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“You're complaining about the amendments we removed. The Speaker already ruled them out of order. And we're making progress! We've implemented almost all of Justice Arbour's recommendations. This bill will make big changes: military sexual assault cases will transfer to civilian courts. It follows Justice Fish's recommendations to improve military justice. We need to pass this bill now.”

“I want to defend the military justice system changes. The member is leaving out that all cases are already sent to civilian courts. We have made progress and changes since 2021. We implemented most of Justice Arbour's recommendations. Blocking this would undo progress. I trust the justices and defence staff.”

Official Hansard

Mr. Speaker, the member omits to tell the Canadian people watching the debate that as of the fall of 2021, all of these cases have been sent to civilian courts. He cannot have it both ways. There has been important progress and tangible changes since 2021. This is precisely because the interim directive that put Justice Arbour's recommendation five into place in a temporary manner, until such time as legislation could be passed through the House, continues. Work on cultural evolution inside the CAF has continued. We have now implemented 47 of Justice Arbour's 48 recommendations. To block Arbour's recommendation five would be to undo the progress of the past five years. We do not have the intention of doing that. I think the member knows this is the right way to proceed. I put my trust in the work of Madam Justice Arbour, Mr. Justice Fish and, for that matter, the chief of the defence staff.

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“You say the justice system needs judges. I say we already signed an agreement with Ontario. We're talking to other provinces. It's complex. We're working on it.”

“I want the military to trust us. We already send criminal investigations outside. It has been like that since 2021. I think it is good and I want to keep it that way.”

“I'm filling time with kind words about the military. I want the Conservatives to look bad for voting against military spending. I think this bill should pass because it would make the military justice system better.”

Official Hansard

Mr. Speaker, I have had the chance to visit Cold Lake. The member has voted against every military investment, including $4 billion for that base. She has had a chance. Bill C-11 would bolster trust in the military justice system by providing, as I said, legal clarity, as recommended by Justice Arbour. It would enhance the independence of key military justice actors, as recommended by former Justice Fish. For example, by elevating positions of key military justice actors to Governor in Council appointees, we would insulate them from real or perceived influence from the chain of command. The brave women and men of the Canadian Armed Forces are always there to keep Canada safe. It is our obligation, all of us in this House, to keep them safe from harassment and misconduct.

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“Justice Arbour recommends moving military sexual misconduct cases to civilian courts. I want to make that happen. This will help victims and members of the military.”

Official Hansard

Mr. Speaker, after a year-long review of DND and CAF, Justice Arbour said this: “the handling of sexual misconduct by military justice has eroded trust and morale” among the organization. She recommended in recommendation five that the civilian system be given exclusive jurisdiction. We agree. Bill C-11 would address her recommendation five, that Criminal Code sexual offences alleged against CAF members in Canada should be investigated and prosecuted exclusively in the civilian system. Military justice experts tell us this would provide greater legal clarity, greater legal certainty, to all actors in the justice system and would better serve victims and survivors. My colleague is right. We have to get this done on behalf of the women and men of the Canadian Armed Forces.

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“The government talked to lots of people. We know best. There's a trust problem because the military is handling sex cases wrong.”

Official Hansard

Mr. Speaker, Justices Arbour and Fish conducted extensive outreach and consultations with victims, survivors, members of the Canadian Armed Forces, their families, military justice experts and constitutional experts to get this right. In fact, the chief of the defence staff, General Jennie Carignan, in her previous role as chief of personnel and professional conduct, also undertook extensive consultations with over 14,000 individuals. What Justice Arbour, Justice Fish and the chief of the defence staff heard, and revealed in their reports, is that there is a lack of trust in the military justice system, in large part due to instances of real and perceived interference from the chain of command into sexual misconduct matters.

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“I'm filling time by summarizing the bill again and saying it will do good things. I'm talking about the good things to make the government look good.”

Official Hansard

Mr. Speaker, it gives me an opportunity to talk a little more about what is in the bill. We would be codifying in law that the Canadian Armed Forces no longer have jurisdiction over Criminal Code sexual offences committed in Canada. We would be codifying in law that civilian authorities have exclusive jurisdiction for investigating and prosecuting these Criminal Code sexual offences committed in Canada. We would be establishing a victim liaison officer to be provided to victims throughout the transfer of cases, regardless of jurisdiction. We would be elevating the role of key justice actors to increase their independence, among other fundamental changes, which I know my colleague, as a lawyer, understands would be important in strengthening not only that justice be seen to be done, but that it actually be done.

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“I'm just filling space. There's no real answer here. We didn't act until a scandal, but now we're introducing a bill and hope it looks like progress.”

“The opposition's ideas were rejected. We're moving ahead with our plan. Don't question our motives; this is for the military. We'll make focused changes to the military justice system.”

Official Hansard

Mr. Speaker, it is interesting. We went through a process in committee, an important process. I appeared on this bill. Unfortunately, virtually every substantive amendment put forward by the opposition parties has been ruled out of order by the Speaker's office. As a result of that, we are in the position now where we are, basically, moving forward. There is a lot at stake here for the women and men of the Canadian Armed Forces. The discussion around political interference is just unfortunate talk. The important thing here is that we are going to be making changes to address long-standing concerns raised by victims and survivors of the Canadian Armed Forces community. It is a suite of targeted amendments to modernize the military justice system.

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“I want you to know that the Conservatives did nothing about this issue for 10 years. Our government is delivering culture change because it's the right thing to do. We introduced Bill C-11 to rebuild victims' and survivors' trust in the Canadian Armed Forces. The changes in the bill are based on recommendations from the Supreme Court.”

Official Hansard

Mr. Speaker, let me begin by thanking my colleagues for being here to debate this important issue. I would remind the member across the floor that for 10 years Mr. Harper did nothing about this issue. The Conservatives did not bring a single proposed legislative amendment or change to the whole question of this regime. What we have decided is that delivering culture change is not only the right thing to do, but it is critical for our operational needs for national security. It is not a partisan issue, as hard as he would like to make it so. My colleague does not recall that we introduced Bill C-11 to codify in law key recommendations from two distinguished judges of the Supreme Court, justices Arbour and Fish, and to rebuild victims' and survivors' trust in the Canadian Armed Forces. Most importantly, Justice Arbour's fifth recommendation calls for the removal of Canadian Armed Forces jurisdiction to investigate and prosecute Criminal Code sexual offences. Through Bill C-11, we would be implementing this recommendation exactly as we promised. What we heard from former Supreme Court justices Fish and Arbour, as well as from the chief of the defence staff, military justice experts, victims and survivors, is that these changes are long overdue.

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Oral Questions

Finance

2026-04-30

“The government is spending lots of money. Lots of money on many projects. So many jobs created. I want people to cheer our spending. Stop asking questions and cheer our projects.”

“I'm giving a laundry list of job numbers to make spending sound good. The long list makes it look like I'm doing a lot.”

“I want you to know the other party is against jobs and security. I'm not going to give a straight answer about spending or debt.”

Oral Questions

Public Services and Procurement

2026-04-24

“I want Canadians to be proud that the government is spending money on space. I want people to feel we are protecting our sovereignty and security.”

“I want billions of taxpayer dollars for my preferred program. I don't care about the cost. I'll say it creates jobs to justify any spending. How dare you oppose more spending!”

Oral Questions

Aerospace Industry

2026-04-23

“I want to spend more on satellites and telecommunications. I think these things are important for the economy and security. The government will build them even if others disagree.”

“You Conservatives don't get it. Space is important. I say invest lots of money in space so Canada is strong. Satellites are a big part of the economy.”