The House resumed from October 8 consideration of the motion that , be read the second time and referred to a committee.
:
Mr. Speaker, I rise today with privilege in support of Bill , an important piece of legislation that strengthens the National Defence Act, modernizes our military justice system and, most importantly, centres the rights, safety and dignity of survivors of sexual misconduct within the Canadian Armed Forces.
The legislation represents another critical step in our government's ongoing work to rebuild trust within the military community and to ensure that those who serve our country can do so in an environment that is safe, respectful and free from harassment or discrimination.
We ask a great deal of the men and women who serve in uniform. They are there for us in times of crisis, whether responding to natural disasters, supporting peacekeeping missions abroad, or standing ready to defend Canada. It is our duty to be there for them as well, to ensure that they are protected not only from external threats but from the harm that can exist within their own ranks.
In terms of responding to survivors and calls for change, Bill responds directly to recommendation 5 from the report of the former Supreme Court justice Louise Arbour, as well as eight recommendations from former justice Morris Fish's reports.
This bill would codify in law what has already been put into practice since 2021: that the Canadian Armed Forces no longer has jurisdiction over Criminal Code sexual offences committed in Canada. From now on, these offences will be investigated and prosecuted exclusively by civilian authorities.
This is a clear and necessary shift. The bill would provide survivors with clarity, with fairness and with the confidence that their cases will be handled outside the chain of command. It would also help ensure that sexual offences are treated consistently and transparently, aligning military procedures with the Criminal Code and the civilian justice system.
Bill would also establish a victim liaison officer to support survivors throughout this process, regardless of jurisdiction. It would enhance the independence of key justice actors within the military system to prevent real or perceived conflicts of interest.
Following the leadership of survivors and advocates, I want to take a moment to highlight some of the tremendous work that is being done in my home province of Nova Scotia to advance justice for survivors of sexual violence. Nova Scotia has become a national leader in confronting the misuse of non-disclosure agreements, or NDAs. Thanks to the tireless efforts of survivors and these advocates, our province has recognized how NDAs have too often been used to silence victims of sexual assault, harassment and misconduct both in everyday life and in their work.
Through strong legislative leadership and community advocacy, Nova Scotia has taken bold steps, ending the use of NDAs that prevent survivors from speaking their truth. This movement is grounded in compassion, in fairness and in the belief that justice must never depend on silence. The courage of survivors to come forward, many from the military community, has brought us to this point today. Their voices have reshaped how we understand accountability and transparency, not just in the civilian world but within institutions that have historically struggled to face their own culture of misconduct.
In terms of the importance of implementing all of these recommendations, while Bill represents real progress, we must also see it as a broader commitment to implementing all 48 of Justice Arbour's recommendations and the recommendations of Justice Fish. We cannot stop at partial measures.
Implementing all recommendations is essential to building a durable culture of change within the Canadian Armed Forces. This includes addressing systemic discrimination, improving leadership accountability, enhancing victim support systems and ensuring that diversity and inclusion are embedded at every level of the institution. Our government has already implemented roughly 20 of Justice Arbour's recommendations, and we are on track to complete them all. As we move forward, we must also ensure that the survivors continue to be at the centre of every policy, every decision and every reform.
We need a culture of respect and trust. Culture change takes time and begins with clear action. It begins when we replace silence with transparency, when we move from protecting institutions to protecting people and when we show through legislation, not just words, that we are committed to justice and equality. Bill is about restoring confidence that victims will be heard, that justice will be fair and that no one is above the law. It is also about ensuring independence, that military justice actors are free from the influence of command structures and that survivors can trust the system to serve their interests, not its own reputation.
In closing, I want to recognize the strength and resilience of survivors in the Canadian Armed Forces and across the country, who demand better. Their courage has driven this change. As legislators, we have an obligation to honour that courage with meaningful action. Bill would do exactly that. Let us be clear that this is not a finish line. It is one more step in a larger effort to create a military culture grounded in dignity, equity and respect, a culture that reflects the values of the country our members have sworn to defend. As Nova Scotians have shown through their leadership on ending NDAs, progress is possible when we listen, when we act and when we refuse to accept silence as the price of peace.
I am proud to support the legislation, and I call on all members in all parts of the House to join me in supporting Bill for the women and men who serve, for the survivors who have spoken out and for a future in which every member in the Canadian Armed Forces serves with pride, safety and dignity.
:
Mr. Speaker, the is new to the job. He inherited a mess from his predecessors and is now trying to fix a decade of Liberal mismanagement and neglect.
I hear him saying the right things about Bill . I am sure he believed it when he stated:
Canada’s military justice system must reflect the values of fairness, accountability, and respect that Canadians expect. With this legislation, we are delivering on recommendations made by former Supreme Court of Canada Justices Arbour and Fish and taking decisive steps to strengthen trust in the Canadian Armed Forces. These reforms will help ensure that every member serves in a safe, inclusive, and respectful environment, one that upholds the highest standards of integrity, reinforces operational effectiveness, and honours the commitment of those who wear the uniform in service to Canada.
With bold words like these, it was, to put it mildly, disappointing to read in the Ottawa Citizen that Patrick White, the naval officer who brought to light an alleged serial sex offender in the Canadian navy whose crimes were being ignored by military leadership, is being released from the naval reserve against his will. Supposedly, there is no place for him, while, at the same time, the alleged perpetrator continues to serve.
What message does that send to members of our armed forces and to the Canadian public? The whistle-blower is dumped from the military, while the alleged criminal continues on as if nothing happened.
The issue is not which court and jurisdiction will deal with sexual assault charges involving those serving with the military, which is the scope of this bill. The issue is that those in charge of military justice and their superiors apparently do not see anything wrong with the status quo. If no charges are being laid, what does it matter which court has jurisdiction?
This is part of a disturbing Liberal trend on this issue. Covering up wrongdoing and avoiding transparency seem to be the norm. For example, in 2021, the then prime minister and his defence minister continually covered up information on sexual misconduct in the Canadian Armed Forces, going to great lengths to block investigations and hide the truth from Canadians. The former prime minister orchestrated a cover-up to hide the fact that his top aide and his defence minister had direct knowledge of a sexual misconduct allegation against the then chief of the defence staff. When sexual misconduct was studied at the national defence committee in 2021, the Liberals filibustered for weeks and then called an election before the committee was able to produce a report. This is an example of Liberal lack of transparency on this issue, something not fixed by a change in the justice system.
The Liberal government has had 10 years to tackle sexual misconduct in the military. In 2015, Justice Marie Deschamps issued her external review of sexual misconduct and sexual harassment in the Canadian Armed Forces. The former Liberal minister of national defence had that report on his desk when he was sworn in. Did he act? Obviously, he did not. The Liberals ignored the problem for five years, then asked for another report. Then, just to be sure, they asked for a third report a year later.
When will military sexual trauma victims get the justice they deserve? The previous Conservative government took significant steps to protect Canadians and to stand with victims of crime. We understand that the highest priority for any government must be to ensure the safety of its citizens. This is a responsibility that the previous Conservative government took very seriously. Putting the rights of victims back at the heart of the criminal justice system is important to us. Standing up for victims means helping to ensure that victims have a more effective voice in the justice system and are treated with courtesy, compassion and the respect they deserve at every stage of the criminal justice process.
When a whistle-blower is told there is no place for him in the military while the alleged criminal keeps his job, it looks like the military criminal justice system is about the rights of criminals, not about supporting victims and certainly not about justice. No wonder our military is in crisis. It is not just antiquated and inadequate equipment. It is not just the lack of vision. It is a feeling that those in charge, the Liberal politicians and military leadership, cannot be trusted to do what is right for the men and women serving in our armed forces. They are not trusted to do what is right when confronted with allegations of a serious crime. No wonder enlistment is down and recruitment efforts are not gaining traction. Who would voluntarily enter what appears to be a toxic work environment?
It saddens me to say this, but I have little trust in the Liberal government's ability to bring justice to those who have been sexually assaulted while serving in our armed forces. I sincerely hope this legislation is not just Liberal virtue signalling. I hope to see a change in attitude towards sexual assault and a willingness to see prosecutions proceed swiftly and fairly. Changing the culture to make such crimes unacceptable may take time, but part of that culture change is showing that such behaviour will no longer be tolerated by leadership at every level of the Canadian military.
If moving jurisdiction for sexual assault away from military authorities to civilian ones results in an improvement in the way justice is administered in Canada, then, it would seem to me, this bill is worth supporting. However, is there any evidence this is actually the case, or will there still be cover-ups? The Liberal record for the past 10 years is one that has been soft on crime. We have seen violent offenders set free on bail to reoffend as a direct result of the Liberals' policy. Why would their attitude towards sexual assault in the Canadian Armed Forces be any different?
Conservatives believe we must continue to address sexual misconduct, discrimination, racism and other forms of harassment because all military members deserve a safe and respectful workplace. All victims of military sexual misconduct deserve timely justice. Does this bill deliver that?
The previous Conservative government accepted all recommendations in the Deschamps report to eliminate all forms of sexual harassment from the Canadian Armed Forces. After 10 long years of Liberal government and two more reports from Supreme Court justices, victims of military sexual misconduct are still no closer to having their cases dealt with properly. There are aspects of Bill that open the door to potential political interference and partisan appointments. Those include giving increased power to the Minister of National Defence to issue guidelines with respect to prosecutions, and having the director of military prosecutions, the director of defence counsel services and the provost marshal appointed by the Governor in Council.
Conservatives are proud of and support all men and women in uniform serving Canada. We believe they deserve a workplace free of sexual harassment. Maybe this legislation can be improved at the committee stage. Maybe the Liberals can convince us they are serious about dealing with sexual assault in the Canadian Armed Forces. This time, let us hope they are actually doing something instead of just telling us there is a serious issue to be dealt with.
:
Mr. Speaker, I rise to speak to Bill , the military justice system modernization act. In short, the bill would amend the National Defence Act by removing investigative and prosecutorial jurisdiction in respect of sexual offences from the code of service discipline and would transfer such jurisdiction to civilian authorities on an exclusive basis to the extent that such offences are alleged to have arisen within Canada.
The legislation would implement recommendation 5 of the report of Madam Justice Deschamps, in which she undertook an external review of sexual misconduct and sexual harassment within the Canadian Armed Forces. Recommendation 5 is the only recommendation that requires a legislative change. I would note that the report of Madam Justice Deschamps was issued all the way back in March 2015. The government of the day, the Harper Conservative government, committed to implementing all 10 recommendations of the Deschamps report.
Of course shortly thereafter, there was a change of government. There was the election of the Liberals, and nothing was done. It is quite rich to see members across the way patting themselves on the back for introducing the legislation, because if in fact the legislation is the answer to addressing very real issues and challenges within the Canadian Armed Forces with respect to dealing with allegations of sexual assault and sexual misconduct, then the Liberals have a lot to answer for, because it has taken them a full 10 years in government to finally introduce the legislation. However, I digress.
With respect to the substance of the bill, it would transfer jurisdiction from the code of service discipline to civilian authorities with respect to the investigation and prosecution of offences of a sexual nature within the Canadian Armed Forces. By way of background, I will say that the purpose of the code of service discipline is to maintain discipline, efficiency and morale within the Canadian Armed Forces. That broad proposition has been recognized by the Supreme Court of Canada in the 1992 Généreux decision and the more recent 2019 Stillman decision, and it is stated in section 55 of the National Defence Act.
Conservatives stand with victims first and foremost, and it is on that basis that we will be supporting the legislation at second reading. That being said, I would submit that the bill warrants careful scrutiny when it is studied at committee. The legislation essentially stands for the proposition that the code of service discipline, the military justice system, is not fit for purpose, is not suitable and cannot be trusted to investigate offences of sexual assault and other sexual misconduct. That is the essence of the bill, whether the government would characterize it in that fashion or not.
It begs the question then, if that is so, what about other serious offences? The code of service discipline, after all, would apply to all other criminal offences within the Canadian Armed Forces; indeed, it would continue to apply to offences of a sexual nature where those offences are alleged to have arisen outside Canada. If concurrent jurisdiction of the code of service discipline is objectionable in the case of sexual offences, then should it not perhaps be considered objectionable in the case of other offences?
I say that in recognition of the uniqueness of sexual assault cases in terms of investigating and prosecuting them. I recognize that, but it does raise questions about whether the bill is a piecemeal or ad hoc approach to reform rather than a fully thought-out and comprehensive set of reforms to our military justice system.
I would, furthermore, ask what evidence there is that simply transferring the cases to the civilian authorities serves victims. I say that because there was a directive to the Minister of National Defence issued in November of 2021 to begin transferring sexual offence cases to the civilian authorities. I want to know to what extent that is working as intended. To what degree are these cases being prosecuted? What has been the rate of conviction? How are historical cases of sexual assault being proceeded with now that they fall within the jurisdiction of the civilian authorities? I understand there have been some challenges in that regard.
What about the extent to which prosecutions have been stayed because of a very real and serious backlog in our court system, having regard for the Jordan decision, which imposes a very strict timeline between the laying of charges and the conclusion of a trial, failing which there is a presumption of unreasonable delay and a stay of proceedings? I understand that this too has been an issue.
We need answers to these questions. We also need to better understand to what extent the bill would improve the maintenance of discipline, efficiency and morale within the Canadian Armed Forces now that the investigations of sexual assaults and sexual misconduct would largely fall outside of the chain of command and be transferred to the civilian authorities, absent a clear chain of responsibilities. To what degree would that impact how occurrences of sexual misconduct are handled, and to what extent might that put certain victims of sexual assault in a more vulnerable position? These are some of the many questions that need to be addressed.
I know that my Conservative colleagues on the national defence committee look forward to working with members on all sides of the House to hear from as many witnesses as possible, first and foremost from victims of sexual assault but also from actors within the military justice system, members of the Canadian Armed Forces, victims groups and so on. We need to have a thorough study to deal with some of the complexities that have to be addressed in what is a well-intentioned bill, the objective of which I support.
We need to get it right, first and foremost for victims of sexual assault within the Canadian Armed Forces who deserve a safe workplace, and we need to ensure, when it comes to the Canadian Armed Forces, that there is an improvement in the maintenance of discipline, efficiency and morale.
:
Mr. Speaker, it is always a pleasure to rise on behalf of the people from Kamloops—Thompson—Nicola. Today is a particularly important day. No, it is not my birthday, and it is not my mother's birthday. This is a day that so many of us have looked forward to. Over my right shoulder is the other member of Parliament from Kamloops, the member for . I stand before this House with tremendous pride.
For those who do not know, I was a prosecutor before I was elected here. Most people have heard that far too many times, I know. One of the things I mostly prosecuted was Internet offences against kids. The term “child pornography” disgusted me. Children cannot consent. It is sexual abuse. Pornography depicts consenting adults.
In 2021, when I was running, I said my first order of business would be to change that law. I stood on doorsteps saying we would change that verbiage. When I gave my first speech in the House, I spoke about that. I spoke about a number of other things, but I called upon this House to do it. With my colleague and friend, I drafted the bill and he presented it. He sponsored the bill and, together, it navigated through the House of Commons and the Senate, and it received royal assent on October 10, 2024, one year ago today. That means that today the term “child pornography” disappears from the Canadian legal lexicon. It is called what it is: child sexual abuse and exploitation material. I am profoundly proud of that today.
Before I begin, I want to recognize Walter Behnke of Kamloops—Thompson—Nicola, an exceptional individual who has given so much. I appreciate all that he has done. I thank Walter for his tremendous contributions to our democracy.
I also want to highlight Daniel Martin and Karen Martin, two people who have contributed tremendously to the vitality of the democracy that is Kamloops—Thompson—Nicola. Daniel is a navy veteran, somebody who cares deeply for the flag, deeply for his country and deeply for others. The same goes for his wife, Karen, who I know volunteers as a lawyer. People think that lawyers are just there to make money. She actually retired at a relatively young age and still gives back to young lawyers. She still volunteers in any way she can. I thank them for what they have done for the people of Kamloops—Thompson—Nicola and for their tremendous contributions and assistance to me.
We are speaking here to Bill . The crux of Bill C-11 is about sexual offending in the armed forces. The bill has two elements of the debate that I would love to raise. The first element of the debate is the colossal failure when it comes to sexual offences, particularly sexual offences in the military, but that is actually just symptomatic of the tremendous failure of the current Liberal government when it comes to sexual offences, period. The other issue, then, is, what do we do with it?
At the outset of this speech, I spoke about my experience prosecuting sexual offences against children. Most of those involved the Internet, but I also prosecuted a number of sexual offences, and I will say this: Victims who experience sexual trauma, at whatever age but particularly at a young age, live a psychological life sentence.
Let us make no mistake about this. The fact that the Liberals have not legislated on this is on their hands. The Harper government legislated on sex crimes, drugs and guns. The Liberals have repealed legislation on guns. We saw that in Bill . The Liberals have legislated with respect to drugs. We saw that extensively with conditional sentence orders. They have not legislated on sex crimes. If the Liberals are so ideological, why will they not address sex crimes?
Perhaps I am getting animated, but if there is something to get animated about, it is that there are victims each and every day who walk with demons they do not see but that they feel and hear. They carry this pernicious offending, particularly against children, although it happens to adults too, for the rest of their lives, and the Liberals have not legislated on it. Someone can still commit a sex offence against a child and serve house arrest.
Robbery is the taking of property by force. The maximum sentence is life imprisonment. Sex assault is the taking of dignity and consent by force. The maximum sentence is 10 years. If someone takes a child's innocence, it is 14 years, but not to worry, house arrest is still an option.
When I get up here to speak about the military and sexual offending within the military, and when I get up to speak about sex offences generally, I am appalled at what we have done, or failed to do. It is actually even worse when we know of a problem and sit idle in Parliament.
I put forward Bill to add life imprisonment to sexual offences and put most sex offences on par with property offences. I was heckled when I introduced that bill. Then we wonder why we are in the state we are in where this insidious offending happens, completely under-reported. If we think it is under-reported in the military, I am sure it is just as under-reported in society. Myths and stereotypes abound: “Who will believe me?” These are the problems, and they have been perpetuated in the military by this House's inaction.
I challenge the Liberals across the way. I will try to look each and every one of those who are here in the eye and question what we are doing here. Why are we sitting here? We are talking about a really nuanced subject. We are talking about transferring investigative authority and prosecutorial authority to civilians in the prosecution service. That is something we have to recognize as an issue. Prosecuting sex offences is not easy, and I do not say that to pat myself on the back. I say that because it is something I had to learn to do. Investigating sexual offences is even harder.
I came across something recently. A police officer said that a victim had not said no. For those watching at home, it is not “no means no”. It is only “yes means yes”; that is it. These are the issues we are dealing with, and that was from a member of a police force that was not a military police force. We need widespread education, but if I can underscore one thing in this speech, it is that this House has failed when it comes to sex offences. We should all be ashamed.
We as Conservatives have faced push-back because we want mandatory minimums for an offence for which the victim is serving a psychological life sentence. People will say that it failed in the Harper era. It failed in the Harper era because all we needed was a safety valve to say “except in exceptional circumstances”. That is it. I implore one of my Liberal colleagues, Conservative colleagues, Bloc colleagues or anybody else to put that forward.
If there is one thing we should be prepared to do, it is to send people to jail when they hurt people sexually, especially in the military. My commitment to victims is this: For anybody who touches a kid, if I am in a position to legislate on it, I will not take my foot off the gas pedal until those offenders see the inside of a jail cell for a very long time.
:
Mr. Speaker, I thank the member opposite for his commitment to prosecuting sexual crimes of any nature.
As a former journalist of many years, I covered not only court proceedings as a “court and cops” reporter, if you will. I also covered CFB Trenton, Canada's largest air base. In that role, I had occasion to report on and cover sexual assault cases heard before a court martial in hearing rooms at CFB Trenton.
On more than one occasion, it struck me that the accused was present in the room, represented quite often by a civilian lawyer, but the complainant, in almost all cases a woman in uniform, had to make her complaint in a room full of other uniformed individuals. Would my friend not agree that this setting is not the ideal setting for this kind of complaint, and that it should be in the civilian realm?