“I want this military justice bill to pass so the government can claim it's helping victims. I'm filling time by listing programs and saying 'sexual misconduct' a lot.”
Official Hansard
Mr. Speaker, today we are debating a piece of legislation that is very important to the military community and the Canadian Armed Forces. I begin by thanking the members of the Canadian Armed Forces, veterans and their families for their service to Canada. As Canada's new government rearms, rebuilds and reinvests in the Canadian Armed Forces, it is critical that we start with our people. Our work to attract, recruit and retain members of the Canadian Armed Forces requires a safe, healthy work environment where our forces can thrive, grow and contribute. The changes proposed in this legislation are essential to the long-term success of the Canadian Armed Forces and the entire defence team, which continue their important mission of defending Canada and Canadians. Bill C-11 aims to modernize the military justice system and incorporate the recommendations from two external reports from former Supreme Court justices Louise Arbour and Morris J. Fish. The bill would implement nine recommendations in total, including recommendation five of former Supreme Court Justice Arbour's report and eight recommendations from former Supreme Court Justice Fish's report. At present, the amendments made by members of the opposition during the study of the bill at the Standing Committee on National Defence run counter to the Supreme Court justices' recommendations. I believe all of my colleagues in this House will agree with me that bringing about lasting and meaningful cultural change within the Canadian Armed Forces must be one of our highest priorities, free from politicization and partisanship. Canadians expect us to take culture change in the military seriously. The members of the Canadian Armed Forces expect us to take culture change seriously too. I will take some time to go through the changes that Bill C-11 aims to implement from Justice Arbour's work. In 2022, Justice Arbour submitted her final report on sexual misconduct in the Canadian Armed Forces to the Minister of National Defence. This report, known as the report of the independent comprehensive external review, or the ICER, contains 48 recommendations focused on reforming the institutional shortcomings and structural barriers that have allowed the problem of sexual misconduct in the CAF to persist. When the legislation was introduced last fall, before amendments were made at committee, Bill C-11 proposed to transfer all Criminal Code sexual misconduct offences committed in Canada from the military police to the civilian police. This is Justice Arbour's fifth recommendation in action. As Justice Arbour laid it out, the goal is to remove these offences from the jurisdiction of the Canadian Armed Forces, putting the investigations into and the prosecution of offenders in the hands of civilian authorities. Moreover, this recommendation fulfills our promise to victims and survivors that they can have confidence that their cases will continue to be handled fairly and with transparency outside of the military chain of command. This change and others proposed through Bill C-11 complement programs, services and initiatives already in place to make sure that survivors receive the support and guidance they need to help them through the difficult process they often face alone. Before going into further amendments made at the committee stage, I will take a moment to discuss the existing supports that are available through the Canadian Armed Forces' programs and illustrate how Bill C-11 is yet another piece of the puzzle in supporting victims and survivors. The Canadian Armed Forces sexual misconduct support and resource centre is a key tool for victims and survivors. Within this centre is the community support for sexual misconduct survivors grant program. This program extends the support offered through the centre into the communities it serves, increasing collaboration between National Defence and third party, community-based organizations. These organizations can in turn provide valuable support for survivors and have the capacity and expertise to provide support to those affected by military sexual trauma. These essential resources complement the centre's other offerings, ensuring that survivors can access support anywhere in the country when, where and how it is needed most. Through peer support programs, survivors can share their experiences and support one another in groups that include mental health practitioners and trained peer supporters with their own experience of sexual misconduct or military sexual trauma. While these programs and tools can help survivors cope with the experience of sexual misconduct or trauma, it is equally important to support them through the complex and difficult process of pursuing justice. Many survivors have said the justice system makes them feel excluded or even victimized all over again. This is one of the driving forces behind the changes to the military justice system proposed in Bill C-11. I will speak briefly to Bill C-11's journey through committee. Justice Arbour's recommendation five, the recommendation to transfer all Criminal Code sexual misconduct cases from the military police to the civilian police, is at the heart of Bill C-11. However, the amendments proposed by the opposition parties at the committee stage run directly counter to this recommendation. It would be even more difficult for victims to navigate the justice system due to the complexity of the new procedures included in the bill as amended by the opposition parties. Moreover, the lack of clarity and transparency would have a negative impact on the military justice system, victims and survivors. It is important to remember that an interim directive to implement recommendation five by transferring cases until legislation passed has been in place since December 2021. That means that since December 2021, all new charges of sexual offences under the Criminal Code have been brought into the civilian justice system, and none of these offences have been tried by the military justice system. Bill C-11 proposes to solidify this interim directive and make it permanent, just as Justice Arbour recommended. However, opposition amendments propose to reverse this directive, reject Justice Arbour's recommendation and, in fact, go backward. Victims and survivors of sexual misconduct in the Canadian Armed Forces deserve clarity and transparency, not steps backward. It is clear that the interim directive and the spirit of Justice Arbour's recommendation five have been making a tangible, clear and meaningful difference over the past five years. Since December 2021, every single new Criminal Code sexual misconduct case that has occurred in Canada has been successfully transferred to the civilian system. This means that every new case is being prosecuted in a manner that is fair, that is transparent and that inspires trust in the system for the victim. Bill C-11 would take the final necessary step to make this a lasting reality and ensure that all cases would, once and for all, go through the civilian court system. Any attempts or suggestions to overturn, stall or block this progress from continuing are a disservice to the women and men of the Canadian Armed Forces. Bill C-11 would ensure that victims and survivors of Criminal Code sexual misconduct would have a fair, transparent process without any real or perceived influence from their chain of command. Over the past few years, I have watched the Canadian Armed Forces undergoing a period of cultural evolution and change. Like many Canadians and many of my colleagues, I am encouraged by the positive and forward-looking changes that have been made. I know that building trust and confidence in our military justice system is a critical element in ensuring that this change continues and endures. The proposed changes in Bill C-11 would modernize the military justice system, and particularly how that system handles cases of Criminal Code sexual misconduct.
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