Government Orders

Bill C-11, Military Justice System Modernization Act · Report stage · 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)

122 statements

Kristina Tesser Derksen, Milton East—Halton Hills South

Liberal
“Victims should not have to report crimes to their bosses or have their cases handled at work. We must protect victims from being pressured by military leaders into using military courts, which can unfairly favour the accused.”
Official Hansard

Mr. Speaker, what my colleague has asked really goes to the crux of what Justice Arbour found in her report. I would say that no, I do not know of any other situation where a victim would potentially have to come forward to superiors or have the case heard within a workplace. I think we have to be very cautious. I know my opposition colleagues have been talking about options, but we have to be cautious about weighing options and certainty, and we have to be very cautious that we do not underestimate the potential pressure or coercion a victim may be subjected to by superiors within the workplace to have their complaint heard, in this example, in a military court because there could be more favourable conditions to the accused in that situation. That is something we have to be very cognizant of.

Scott Anderson, Vernon—Lake Country—Monashee

Conservative
“I want this bill amended. It forces all sexual assault cases in the military into the civilian justice system. The victims, the police, and military lawyers want victims to have the choice of which system handles their case. The Liberals removed our amendments that gave them that choice.”
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Official Hansard

Mr. Speaker, Bill C-11, when it first came to the national defence committee, was meant to transfer sexual assault cases from the military to the civilian justice system. It was not supposed to be a controversial bill. It arose because of the need to address sexual assault in the military. All of us in the House have, I believe, deep down, the best interests of Canadians at heart. As a former officer, the bill matters to me. All of us in the room value the strength and dedication of our troops, but not one of us wants to see greater physical strength turned against our own. I have another personal reason for taking the bill seriously. I have a daughter who recently earned a university degree and a civilian pilot’s license. She has recently applied to the Canadian Armed Forces to fly as a pilot in defence of our country. Those of us in the House who are fathers of daughters will understand all too well the deep rage that wells up at the mere thought of someone doing harm to our daughters. I want to assure the House that I take the bill very seriously indeed, and that I really mean what I am about to say. Those of us who have sons should be aware that, because of the higher number of men serving, 40% of sexual assault cases involve male victims. Like all of us, I had heard over the years horror stories involving sexual predation in the military, and I assumed, after having listened to the media, that this bill would be a sort of rubber stamp because everyone would want it. I assumed that victims of sexual predation in the military would want to stay far away from anybody in uniform. I assumed the victims would believe they would get a better shake in an inherently less structured and more liberal civilian justice system. I thought the victims would associate the military with the crime and understandably believe that, if their case were to be tried in the military, somehow the chain of command could influence the outcome, even though it has nothing to do with actual chain of command. The Liberals told us that the victims of criminal sexual assault would be too traumatized to choose between a civilian investigation and a military investigation. It was best, according to the Liberals, if the state chose for them. This sounded a little bit like the old TV show Father Knows Best. When we first started this investigation, I had no reason to believe that the victims would want anything to do with the military system, so I let it go. I think there are all sorts of other problems with the bill that we could fix with other amendments, and I am sure my colleagues will address those, but I want to talk specifically about the importance of choice. Like I said, I had assumed that no one would object to moving the crime into the civilian system. I was shocked. I was surprised at the responses of the academics, the military and the civilian police, and I was truly shocked at the response of the victims. We talked to academics. One professor pointed out that the conviction rate for sexual offences was not very high in the military justice system. Another academic, former JAG officer Rory Fowler, responded that, if the object were a high rate of conviction, perhaps Canada should emulate the North Korean justice system. He said that, quite likely, the reason for a low rate of conviction was an excellent defence team available in the military and referenced a recent high-profile case in which a JAG lawyer, Major Francesca Ferguson, supplied quality defence for a private who was falsely accused, right up to the Supreme Court. Rory Fowler argued that the culture in the military has changed radically over the years. Back in the 1990s and earlier in this century, high-profile cases of sexual predation drew national attention to a real problem with sexual assault and the way it was handled in the military justice system. As a result, the government reacted and ordered high-level independent reviews of the military’s handling of sexual assault in the military. The Deschamps report came out 11 years ago and the Fish and Arbour reports followed it. They all had ideas for change. The Arbour report had 48 recommendations, including steering victims toward the civilian justice system. The problems in the military had not just kicked off a few reports, like most government studies do. They also kicked off a significant institutional culture change within the military. The senior leaders in the CAF did not just treat the Arbour and Fish reports as annoyances that had to be suffered through; they treated them as a new mission. By late last year, the CAF had actioned all 48 of the Arbour report recommendations and were still actively engaged in culture change. Culture change is much faster in a top-down chain of command. When the organization is built around instant obedience, instant cultural change can happen very quickly when it comes from the top in a sincere effort. Next, we listened to the defence and prosecution teams from the military. They argued that the studies the bill was responding to were out of date or no longer applied to current military culture. They said that they had both the know-how and the professionalism to handle the job. In fact, they said they were surprised to learn that the Liberals intended to remove jurisdiction because the CAF had made sweeping changes and spent enormous effort reforming the system. They also said the culture of the CAF had changed. We have two bodies of experts who are saying that the culture has changed. Then we listened to the civilian police who told us that, although they had the capability, they no longer had the capacity to absorb yet more work, especially in locations with military bases close by. One such police chief told us that the witnesses might be scattered in redeployments to other jurisdictions in Canada or internationally. She said a case in those circumstances would be almost impossible for her department to investigate. Then we listened to the victims of sexual assault in the military. These brave soldiers rose above the crimes that were done to them and were brave enough to testify in front of the nation in hopes that what had happened to them would not happen to others. Their testimony shocked me. These are the very people I thought would have the strongest desire to stay out of the military system, but the vast majority insisted that they wanted a choice. For various reasons, they wanted a choice. After numerous victims spoke, it became obvious that the victims wanted choice, so we co-operated with the Bloc member on the committee to amend an outdated Liberal motion into one that every stakeholder, from victim to investigator, wanted. Our amendments gave the victims choice. Dr. Karen Breeck, a former medical officer in the CAF and a victim of sexual assault, put it to us succinctly: First, the military of 2025 [has changed]. Today the chain of command has extensive awareness and training. The sexual misconduct support and resource centre is fully operational. Victims’ rights legislation is in force. Independent legal and victim supports exist. What evidence still shows that [the civilian system] remains the best way forward? So far so good, but late Friday afternoon, the Minister of National Defence tabled Bill C-11 at report stage. Instead of our amended bill, and in defiance of civilian lawyers, military lawyers, civilian police, military police and even the victims themselves, what came into the House had been stripped of all our amendments. Why? It is because the artificial Liberal majority can now just stiff our soldiers and download the problem onto lower levels of government. The Liberals are not doing it to help our soldiers. They are doing it to push the problem off the federal plate, and then they will just not have to worry about it anymore. I appeal to my fellow veterans and to the MPs on the other side of the aisle to listen carefully to what one of our own veterans had to say about this. The veteran said that this bill, if it were stripped of all the amendments that were asked for by victims, cannot claim to be putting people first and that the bill, without the amendments, is not about making life easier for uniformed members but about making life easier for politicians. That is a very different thing and it is, frankly, dishonourable.

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

Liberal
“I disagree with the member. Justice Arbour talked to hundreds of victims directly and thousands through the military before making her recommendation. The Conservatives are ignoring those victims, and they have never questioned that recommendation in the four years it has existed.”
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Official Hansard

Mr. Speaker, I fundamentally disagree with the member’s assessment. I think that he undervalues the many discussions that Justice Arbour would have had with victims. We are not talking about a few dozen; we are talking about hundreds, directly, and indirectly through the Canadian Forces, we are talking about thousands. I believe that the Conservative Party has marginalized those victims. There is a reason Justice Arbour came forward with that recommendation. I cannot recall the Conservatives ever asking a question that contradicted the recommendation that Justice Arbour brought forward, and it has been there for four years. Has this member, or any Conservative, asked a question about that?

Scott Anderson, Vernon—Lake Country—Monashee

Conservative
“Military culture can change quickly because people follow orders from the top. The military already started changing its culture before the Arbour report came out.”
Official Hansard

Mr. Speaker, the member, a veteran himself, knows very well that, in the military, with a top-down chain of command, culture can change very fast, because it is an order-based society. The Arbour report is several years old, and the culture did not stop to wait for the Arbour report. Right away, the military started the culture change, and you know that very well. You know that if you go back—

Scott Anderson, Vernon—Lake Country—Monashee

Conservative
“I apologize. Military culture has already changed very quickly.”
Official Hansard

Mr. Speaker, I apologize. However, if the member is acquainted with the military today, he knows very well that the culture has radically changed in a very short period of time.

Jean-Denis Garon, Mirabel

Bloc Québécois
“This bill ignores an important recommendation to let victims choose between military and civilian courts. The committee agreed to this change, but the government rejected it. The government is not taking victims' rights seriously.”
Official Hansard

Mr. Speaker, as I said earlier, the first allegations against General Vance came out in 2015. The Harper government gave him a promotion. This has been going on for over 10 years. It is now 2026. We got the reports from justices Arbour and Fish, and Justice Deschamps examined suggestions for legislative changes. However, in the bill before us today, the government has decided to ignore a major recommendation made by Justice Arbour, namely that a victim be given a choice between the military and civilian justice systems. When we asked the Liberals earlier why they ignored this amendment, which was not only discussed in good faith but also adopted by the committee, they simply replied that it is all well and good to work in good faith, but we cannot always get what we want. What does that say about what the government thinks of victims’ rights?

Scott Anderson, Vernon—Lake Country—Monashee

Conservative
“Victims should be allowed to choose how to report an assault. The government says victims are too traumatized to make good choices. This is insulting to women, and the report the government cites does not say taking away that choice should be mandatory.”
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Official Hansard

Mr. Speaker, the Liberals have put to us that we should remove choice because victims are going to be too traumatized after an assault to actually make a choice. This reminds me of the 19th-century idea that women became hysterical and really had to be directed and taught by men, because when they became hysterical, they were not capable of making good choices. I find that this is paternalistic and insulting to the women who are victims. Frankly, the Liberals are simply throwing out the Arbour report as if it concretizes their point, but it does not. It tends to push people toward the civilian system, but it does not make it mandatory.

Cathay Wagantall, Yorkton—Melville

Conservative
“Military sexual trauma survivors are losing hope and some are dying because of it. I want the member to respond to that.”
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Official Hansard

Mr. Speaker, I really appreciated what my colleague spoke to in regard to how things have already progressed and moved along, which has given to a lot of those survivors something that that party does not like to appreciate: hope. I just had an interaction with one of those survivors, who was in absolute tears because she sees and knows how many of her colleagues she is going to have to help. She said that they will say “life is over”, and they will be added to those numbers who have lost their lives because of this and not survived. What does the member have to say to that?

Scott Anderson, Vernon—Lake Country—Monashee

Conservative
“The government is using this bill to push military justice problems onto civilian police and courts so they do not have to deal with them. Victims should have a choice instead.”
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Official Hansard

Mr. Speaker, this bill, in its original intent, and that is the reason the amendments were stripped off, is simply to help the government, because the government has to deal with these problems when they arise. If the Liberals get it off their plate and dump it into the municipal police force or into the civilian provincial courts, they will not have to deal with it anymore and it will now be somebody else’s problem. I just do not see how the Liberals can keep a straight face and keep saying “Arbour” over and over again as if it means something. It does not. The victims want choice.

Iqra Khalid, Mississauga—Erin Mills

Liberal
“I want the House to pass this bill. It moves sexual offence cases involving military members into the civilian justice system. It also gives victims more support and makes the military justice system more independent.”
Official Hansard

Mr. Speaker, let me begin my remarks by recognizing the critical role that the Canadian Armed Forces plays. Every single member of the Canadian Armed Forces makes a commitment to serve this country. They step forward with a willingness to protect others, often at great personal cost and sacrifice. Because of that, we, as members of Parliament, have a responsibility to make sure that the systems around them, especially the justice system, work the way they are supposed to work and there is equality, fairness and justice. When these systems do not work, the consequences are very serious. They affect individuals, and they affect people’s confidence in the institution. Ultimately, they affect the strength of the Canadian Armed Forces as a whole. At a time when the world is changing and we cannot always rely on the same assumptions that we used to, it is more important than ever that Canada strengthen its own defence capacity. That includes making sure that the members of the Canadian Armed Forces can rely on the systems around them to create a safe workspace for them. The strength of our Canadian Armed Forces is not just about capability; it is also about whether the people serving in it have confidence in the institution itself. That is where Bill C-11 comes in. Over the past several years, we have heard directly from survivors of sexual misconduct within the Canadian Armed Forces, and what we have heard has always been consistent: The system was not always clear; accountability was difficult to navigate; and in too many cases, people lost trust in the process. The issue has been examined closely, including through the independent review led by former Supreme Court justice Louise Arbour. Her findings pointed to a clear problem with how sexual misconduct cases were being handled within the military justice system. In particular, she spoke to the impact this has had on trust and morale within the Canadian Armed Forces and the need for a more consistent and reliable approach. One of her key recommendations was that Criminal Code sexual offences should be handled in the civilian justice system. Bill C-11 follows through with that recommendation. What Bill C-11 does, in practical terms, is provide clarity. It sets out that Criminal Code sexual offences committed in Canada involving members of the Canadian Armed Forces are to be investigated and prosecuted within the civilian system. That clarity is important. It means that individuals are not left navigating uncertainty. It means that cases are not delayed by questions of jurisdiction. It means that there is a consistent approach to how these serious matters are handled. It is also important to recognize that this direction is already being followed in practice. Since 2021, these cases have been proceeding through the civilian system. Bill C-11 would ensure that this approach is clearly established and consistently applied moving forward. Bill C-11 also introduces stronger, practical measures to ensure that victims are not left navigating the system by themselves. For example, it would establish victim liaison officers, who will support victims throughout the process, including during the transfer of cases between military and civilian authorities. The bill would also expand access to these supports to individuals acting on the victim’s behalf, ensuring continuity and guidance at every stage. It would improve access to information by strengthening obligations to inform victims and witnesses of their rights, including in relation to publication bans, and ensuring that their wishes are considered in the entire process. Importantly, it clarifies that victims can speak about their own experiences, while still protecting the identity of others when required. Another important aspect of Bill C-11 is the focus on independence. It takes steps to strengthen how key roles within the military justice system are structured and appointed, so that decisions are made free from real or perceived influence from chain of command. That really matters, because confidence in the system depends not only on outcomes, but on whether people believe the process itself is fair and independent. The opposition has put forward amendments that would reintroduce a degree of flexibility between the military and civilian systems, including allowing cases to move between jurisdictions. However, that approach, to me, raises real concerns. It would add unnecessary complexity to an already difficult process, create the potential for delays and place a greater burden on individuals at a time when clarity is most needed. It is also not a trauma-informed approach, unfortunately. It asks individuals, often in the immediate aftermath of harm and trauma, to make complex decisions about how their cases should proceed. What we have heard is clear. People are not asking for more complexity. They are asking for a system that works. Bill C-11 is one part of a broader effort to address long-standing concerns within the Canadian Armed Forces. It is about making sure that every member of our armed forces can serve with dignity in an environment that reflects the values that we expect as Canadians. I am just now coming from the Indonesian embassy, where we were celebrating Ms. Kartini’s influence on equality of opportunity for women, not just in Indonesia but across the world. That is exactly it. What Bill C-11 would do for our community and the Canadian Armed Forces is make sure that women and men who have faced sexual violence and sexual misconduct have the ability to take various approaches toward justice, make sure that their harms are acknowledged and rectified, and make sure that the workplace they operate in, which is already a very high-stress one, is one they can function in, where their services are valued and contribute to the growth and progress of Canada. The Canadian Armed Forces provides a very important role within our country and across the world. We need to make sure, through all the measures and tools available to us, that the serving men and women have the ability to serve effectively. With that, I do support this legislation. I hope that all members in this House will do the same and that this bill with respect to sexual misconduct, Bill C-11, along with all the other bills we have brought forward in the past few months, such as Bill C-16 to combat coercive controlling behaviour, or bail reforms and Criminal Code reforms across our country, gets quick passage so that Canadian Armed Forces members impacted by this have the swift justice they require. I look forward to questions from members.

Cathay Wagantall, Yorkton—Melville

Conservative
“The military justice report was written in 2022, and things have changed since then. Why did the person who wrote the report refuse to come speak to the committee about it?”
Official Hansard

Mr. Speaker, we are hearing an awful lot about Justice Arbour’s report. It was made in 2022. Since then, a lot of time has passed and a lot of improvements have been made. When a report like that is made, I would think Justice Arbour would want to come to committee, share the rationales and say whether they are still effective or if there needs to be change. For some reason, she did not show up at all. Can the member articulate why someone in that position would not show up at committee to give their input?

Iqra Khalid, Mississauga—Erin Mills

Liberal
“We need to pass this bill quickly to improve our justice system. Justice Arbour worked hard on her recommendations, and we must support our military members without delay.”
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Official Hansard

Mr. Speaker, one thing I am really a big fan of is efficiency. Justice Arbour put in her time and effort and made some very significant contributions to this issue. I think it is now incumbent upon us, as members of Parliament, to move forward judiciously on this bill and make sure it provides the necessary support for our Canadian Armed Forces in the most efficient and fastest way possible and contributes to the improvement of our justice system in general.

Tim Watchorn, Les Pays-d'en-Haut

Liberal

Linked statement

“I want the member to talk about why victims of sexual trauma need to trust the justice system.”
Official Hansard

Mr. Speaker, I would like my colleague to talk a bit about the importance of people’s trust in the justice system when they are victims of sexual trauma.

Iqra Khalid, Mississauga—Erin Mills

Liberal
“The justice system needs to support victims of sexual violence better and understand their trauma. People need to trust the system so they feel safe coming forward.”
Official Hansard

Mr. Speaker, when victims are facing sexual misconduct or violence, it is so important to have a trauma-based response because going through the justice system re-emphasizes the challenges and hurt that they have gone through. We need to make sure that our justice system not only provides support to Canadians who are trying to move forward, seek justice for themselves and end the harm they have been facing, but also provides the perception of justice being conducted so that more people who have been harmed and have faced sexual violence or misconduct are also able to come forward and trust the system to take care of their justice as well.

James Bezan, Selkirk—Interlake—Eastman

Conservative
“The military has improved its victim supports, police training, and legal help. The Liberals are removing the committee's changes to this bill. I want victims in the military to have the right to choose whether their case goes to civilian or military court.”
Official Hansard

Mr. Speaker, we continue to hear the Liberals use the Arbour report as their shield in why they are gutting all the amendments that were made by the defence committee, some of which were even supported by the Liberals, where we worked across party lines as Conservatives, Bloc members and the NDP. Much has changed since the Arbour report came out. We know that at the time, there was a mandatory duty to report; the military police and health care providers were not fully ready or trained, but now they are; military members were not under the victims’ rights charter, but now that charter is in effect; military members did not have access to a fully mature SMSRC for supports; military members did not have access to independent legal supports; and finally, military members did not have access to victims’ liaison services. All those things are in place now. The Canadian Armed Forces has changed, so why not give the rights back to victims so they can choose what system best suits their need, regardless of their rank or where they are, whether in or outside Canada, on training, on base or in the community? They should have the supports they are asking for, not what the Liberals are shoving down their throats.

Iqra Khalid, Mississauga—Erin Mills

Liberal
“I support this bill because it helps fix sexual misconduct in the military. It is a good step forward, but we still need to do much more to support victims.”
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Official Hansard

Mr. Speaker, we have to understand that sexual misconduct and violence, even in the Canadian Armed Forces, is not something that came within a day, and it is not something that is going to go away within a day, either. Yes, Bill C-11 is very important and there has been a lot of progress made within the Canadian Armed Forces, but there is a lot more that should be done to continue to support victims of violence and misconduct. That requires support from all across the aisle. What Justice Arbour provided is a good starting point. What Bill C-11 would do, I think, is an excellent way to move forward, but it would not be the end. We need to do significantly more.

Cheryl Gallant, Algonquin—Renfrew—Pembroke

Conservative
“This bill sends military sexual assault cases to regular courts, but it does not fix the real problems. It does not force military police to share evidence, fix bad oversight, or make sure abusers face military discipline after a conviction. The government also wiped out good changes the committee made to this bill. We need a bill that truly protects victims.”
Official Hansard

Mr. Speaker, I am pleased to rise on behalf of the brave women and men in the Canadian Armed Forces who call the Ottawa Valley their home to speak to Bill C-11, the military justice system modernization act. Before we get lost in clauses, subclauses and government talking points about modernization, I want to centre this debate where it belongs, which is with the people this legislation is supposed to support and protect. Bill C-11 is not abstract, theoretical or merely administrative. It is about whether a woman who is sexually assaulted while serving her country can expect justice, dignity and protection, or if she will be left to fight alone against the very institution that failed her. That reality is embodied in the experience of retired corporal Elvira Jaszberenyi. Ms. Jaszberenyi did exactly what we tell service members to do. She reported her rape. She co-operated with investigators. She trusted the system that promised to protect her. Instead, the system closed ranks. Her assailant was already known to military authorities for sexual assault. Evidence went undocumented or disappeared. Key decisions were shielded from oversight. The Military Police Complaints Commission was denied access to critical prosecutorial briefing notes, despite clear recommendations from Justice Fish that this information be disclosed. When the military declined to proceed, Ms. Jaszberenyi did something few victims can afford to do, emotionally or financially. She pursued a private prosecution in civilian court. That trial did not vindicate her; it exposed her. Her credibility was questioned. Her advocacy was used against her. The fact that she continued to demand accountability was reframed as an agenda. She lost. For the government, that may be a completed file. For women watching from within the ranks, it was a reminder. For those looking to join, it was a warning. That is the context in which we must judge Bill C-11. The government tells us this bill would restore trust by transferring jurisdiction for sexual offences committed in Canada over to civilian court. Conservatives agree that this change was necessary. It was recommended by justices Deschamps, Fish and Arbour and reflects the years of advocacy by victims and experts. However, jurisdiction alone does not equal justice. Bill C-11 would remove cases from the military justice system while leaving untouched the very accountability gaps that failed Ms. Jaszberenyi in the first place. It would not require the military police to preserve and fully disclose investigative records to civilian authorities. It would not guarantee that oversight bodies would finally receive the information they need to do their job. It would not ensure that civilian prosecutors or judges are properly equipped to understand military power dynamics, chain of command pressures or the realities on base. Crucially, it would not address what happens after a civilian conviction. A service member could be found guilty of a sexual offence in civilian court and yet face no court martial, no automatic consideration under the code of service discipline and no transparent process to protect others still serving alongside them. That is not a survivor-centred system. This is administrative offloading. We heard this repeatedly at committee. Victim advocates warned us that Bill C-11 risks creating a jurisdictional void. Military police leaders told us civilian police services lack the capacity to absorb these cases. Prosecutors cautioned that removing concurrent jurisdiction might mean that fewer cases, not more, actually proceed. Ms. Jaszberenyi herself warned us that changing the forum without fixing the evidence handling, oversight and accountability would simply shift the harm from one system to another. If we want women to serve, we must give them reason to trust. That trust is already fragile. Canadians recently learned the Canadian Armed Forces is not on track to meet its own targets for recruiting and retaining women. The numbers are not just disappointing, they are damning. Women are not choosing to walk away from military careers because they lack patriotism or resilience. They are walking away because they do not believe the institution will protect them when it matters most. Ms. Jaszberenyi is now retired. After her attack, she was removed from her unit and tasked with painting walls. She was not given work commensurate with her skills and training. She was effectively forced out of service when the Canadian Forces was facing a retention crisis. Imagine the kind of message that sends to our serving women and men. Now she has to deal with Veterans Affairs. After giving testimony on this bill last fall, she was informed by Veterans Affairs that her paperwork had been lost. She needed to resubmit her application. There was no pension and there were no benefits, just more process and paperwork. No recruitment campaign, no slogan and no equity strategy will overcome a justice system that retraumatizes victims and shields decision-makers from scrutiny. That brings me to the procedural context of this debate. How this bill has been handled matters almost as much as what is in it. Committee members from multiple parties worked in good faith to strengthen Bill C-11. Amendments were adopted to improve oversight and support the accused fairly, and to address long-standing gaps identified by survivors and experts alike. Those amendments were passed after the committee overruled the chair’s initial rulings, exercising its legitimate authority as a master of its own proceedings. Then, nearly 10 weeks later, the government asked the Speaker to intervene, not to clarify drafting but to strike down amendments, including amendments supported unanimously by committee members. The Speaker ruled them out of order. I respect the ruling, but I do not accept the government’s conduct. Committees exist to do the hard, detailed work that the House does not have time to do, clause by clause. When the government invites committee members to engage, votes against them and then asks the Speaker to erase that work after the fact, it undermines parliamentary accountability. This matters because those amendments were not abstract procedural tweaks. They dealt with real issues, including access to trauma-informed training, independent oversight, support for both the victims and the accused, and ensuring key positions within the military justice system could not sit vacant indefinitely. The government chose not to persuade the committee. It chose to erase its work. On Monday, in debating Bill C-22, I spoke about the government’s new-found majority and the choices it faces: to govern and to govern collaboratively or to rule by decree. Bill C-11 gives us the answer. This is not collaboration. It is control. When that instinct is applied to legislation dealing with sexual assault, oversight and victims’ rights, the consequences are profound. The Conservatives believe that reforms to military justice must do three things. First, reforms must protect the victims, not just symbolically but procedurally and substantively. Second, reforms must preserve fairness for the accused because a system that cuts corners will not survive constitutional scrutiny. Third, reforms must strengthen, not weaken, institutional accountability. Bill C-11 would make progress on the first step by removing jurisdiction over sexual offences committed in Canada, but it would fail on the second and third by refusing to fix the structural flaws exposed by cases like Ms. Jaszberenyi’s. A justice system that forces a survivor to pursue a private prosecution because internal accountability failed is a system already in crisis. A system that responds by narrowing scrutiny and striking committee amendments is a system interested in optics, not outcomes. If the government truly wants to rebuild trust, it must do more than move files between systems. It must control the culture of defensiveness, information control and procedural gatekeeping that allowed known predators to remain on the base and allowed victims to be discredited for demanding better. Women are watching this debate, as are their families and as are potential recruits who want to serve their country without sacrificing their safety or their dignity. They will judge us not on the title of this bill, but on whether its substance reflects reality. Bill C-11 is incomplete. It is not beyond repair, but repair requires humility, transparency and respect for Parliament. The experience of Elvira Jaszberenyi deserves more than a legislative shrug. It deserves a justice system that learns from failure rather than papers over it. Canada’s armed forces cannot recruit its way out of crisis. It must legislate its way out of it, honestly and courageously. That is the standard this bill must meet, and that is what Canadians expect.

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

Liberal
“This bill is based on expert recommendations to fix the military justice system. The Conservatives used to support this work. I want to know why they have changed their minds and are opposing it now.”
Official Hansard

Mr. Speaker, the legislation does have substance and it does meet the reality. What is absent is any sort of Conservative rationale for what the Conservatives are doing to the bill. Justice Arbour’s recommendation five is the essence of the legislation. Justice Arbour worked with literally hundreds, going into thousands, of people, either directly or indirectly, with CAF to ensure that we had the right recommendation. Even the standing committee that the member was referencing earlier came up with another recommendation supporting it. I have never heard the Conservatives, prior to today, question Justice Arbour. Why has the Conservative Party flipped its position and is not listening—

Cheryl Gallant, Algonquin—Renfrew—Pembroke

Conservative
“We suggested changes to this military justice bill because we heard from more police officers, soldiers, former judges, and lawyers than Justice Arbour did. The government rejected our changes.”
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Official Hansard

Mr. Speaker, we respect the recommendations made by Justice Arbour. However, while Justice Arbour listened to the victims of sexual assault, she did not have as much breadth as we did in listening to the testimonies of law enforcement, of people who are in the military and of people who had direct involvement in those proceedings, such as former judges and former lawyers in the system. We heard more testimony, and that is why we proposed some amendments, which have been rejected.

James Bezan, Selkirk—Interlake—Eastman

Conservative
“I want the government to give military sexual assault victims a choice about where their cases are handled. Victims have told us they do not want all cases sent to civilian courts.”
Official Hansard

Mr. Speaker, I want to thank my colleague for Algonquin—Renfrew—Pembroke, who has been a long-time member of the defence committee. She has heard from more veterans, I am sure, than Justice Arbour did in her hearings several years ago. There is a base in the member’s riding, and she is always advocating on behalf of members who serve, including the victims of military sexual misconduct and military sexual assault. The member has fought long and hard for victims and for the rights of women who serve in the Canadian Armed Forces. We heard from many victims. Christine Wood said she “opposed the transfer of all cases to civilian court, and that was for three reasons: number one, it’s broken; number two, it offers victims no choice; and number three, I believe the CAF has to maintain control over its jurisdiction and demonstrate it can be responsible for fixing its own harms.” A veteran who served, who experienced sexual misconduct and deals with military sexual trauma, is saying she needs choice. Other victims have said the exact same thing. Why will the Liberals not listen?

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