“The Conservatives did nothing to fix the military justice system when they were in power. We introduced this bill to change military culture and protect national security. It follows advice from two former Supreme Court judges, experts, and victims. Most importantly, it takes sexual offence cases away from the military so civilian courts handle them instead.”

“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.”

“The opposition's changes to this bill were ruled out of order, so we are moving forward with it. This bill updates the military justice system and helps victims and survivors in the Canadian Armed Forces.”

“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.”

“We introduced this bill to update the military justice system. A former judge said these big changes would take a few years, and that is where we are now. I hope we can make progress on it today.”

“Mr. Speaker, it is a question of opportunity. We introduced the bill and reintroduced it in the House of Commons. It went through the normal process, and it was Justice Arbour herself who predicted that it would take a few years to bring about fundamental changes. That is exactly where we are now. The hon. member knows this; he is aware of the situation, and we hope to make progress today.”

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“This bill makes several big changes. It gives civilian police and courts the power to investigate and prosecute sexual crimes in Canada, not the military. It creates an officer to support victims when cases are transferred. It also makes key military justice officials more independent.”

“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.”

“Experts and military leaders spoke to thousands of victims and soldiers. They found that people do not trust the military justice system because commanders interfere in sexual misconduct cases.”

“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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“We need to pass this bill to move cases from military courts to civilian courts. Experts and the public have studied and debated this for a long time. Does the minister agree that the House must pass it?”

“Mr. Speaker, it is really important for us to recognize that former Supreme Court Justice Arbour put in a great deal of effort. She consulted and listened to hundreds, if not thousands, of direct or indirect opinions on the issue. The core of the issue is the transfer of cases from the military courts to the civilian courts. This has been in the works now for a while. There have been all sorts of debates and discussion, whether at second reading or in the standing committee. There are those in the chamber who would never see this legislation pass. Does the minister not agree that the principle of the legislation is being supported in such a way that the legislation needs to pass in the House of Commons?”

“I want this bill to pass. It ensures sexual crimes in the military are investigated and tried only in regular civilian courts, not military courts. This will help victims and rebuild trust.”

“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.”

“I want the House to pass this bill. It makes the military justice system more independent from military commanders, based on reviews by experts. It will protect our troops from harassment and bad behavior.”

“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.”

“This bill builds trust in the military. Since 2021, all military sexual crimes have been handled by regular civilian police and courts. Making this the official law will give everyone more certainty.”

“As I mentioned a moment ago, which I will repeat for the member’s benefit, Mr. Speaker, this is entirely about trust. It is about trust for the women and men in our armed forces today, for them to know that when it comes to Criminal Code sexual offences, they will be prosecuted and investigated on the outside of the department and the Canadian Armed Forces. In fact, that has been the case since the fall of 2021. The member may not be aware that every new case has been referred to the civilian courts since the fall of 2021. As a result, we are seeing progress, trust is enhanced, and were we to formalize this, it would give us more clarity and certainty.”

“Moving military sexual offence cases to civilian courts is hard work. We are making deals with the provinces to help them handle these extra cases. We already made a deal with Ontario and are working with the others.”

“Mr. Speaker, the member raises an important question. We recognize that the transfer of Criminal Code sexual offence cases from the military justice system to the civilian justice system is a complex process. That is exactly why we are signing memoranda of understanding with the provinces. It is to make sure they have the means to deal with those additional cases. We have already signed a successful memorandum of understanding with the Province of Ontario, and work is ongoing with other provinces.”

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