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House Hansard - 338

44th Parl. 1st Sess.
September 18, 2024 02:00PM
  • Sep/18/24 4:38:30 p.m.
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Mr. Speaker, my question is going to be somewhat similar to the question from my colleague, the co-chair of the Standing Committee on National Defence. Since 2015, the issue of sexual misconduct has become common knowledge, so much so that Justice Deschamps, who reported on it at the time, served a guide for Justice Arbour, who also had to report on it. She wondered why she was being approached to do something that had already been done. This bill was introduced in March, but we had to wait until September for second reading. It took some time. The bill primarily focuses on sexual misconduct, although we know that military personnel are complaining about many other kinds of grievances too. If we had done the work on sexual misconduct a little sooner, would we have been able to move on to the next step by now and address other kinds of grievances that military personnel are complaining about? These grievances are adding fuel to an already serious fire, which explains why we are having problems with recruitment and retention.
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  • Sep/18/24 4:46:22 p.m.
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  • Re: Bill C-66 
Mr. Speaker, it is always an honour to stand in this House and speak for the brave women and men who serve in the Canadian Armed Forces. Conservatives are proud of our soldiers, sailors and aircrew, and we want to support all those in uniform who serve Canada. Conservatives believe that sexual misconduct, discrimination, racism and other forms of harassment must be stomped out of the Canadian Armed Forces because all military members deserve a safe and respectful workplace. It is hard enough to do the dangerous work that we call upon them to do. We know they face incredible danger in addressing the conflicts around the world and the domestic responses to natural disasters right here in Canada. The previous Conservative government, and we are talking nine years ago, accepted all recommendations from the Deschamps report to eliminate all sexual harassment from the Canadian Armed Forces. That report, as I already asked the minister about, sat on the desk of the former chief of the defence staff, Jonathan Vance, and on the desk of the former minister of national defence, who is now the Minister of Emergency Preparedness and the seatmate of the current Minister of National Defence. It sat on their desks and collected dust. Here we are, nine years later, and they are finally moving forward with legislative changes to the military justice system. I would say that we cannot trust the Liberals to actually implement the policies needed to stop sexual assault and sexual misconduct within the Canadian Armed Forces when we look at the soft-on-crime policies they instituted in our Criminal Code and our criminal justice system in the civil courts from coast to coast to coast. After nine long years and two more reports from two more former superior court justices, the victims of sexual misconduct within the military still have no answers and they are not having their cases dealt with properly. As I said earlier, Conservatives support Bill C-66. We want to get it to committee. We know it needs vigorous study. We know we need to hear from witnesses, both experts and academics, who are familiar with the National Defence Act and the military justice system, but we also have to hear from victims. We have to hear from those who serve in the Canadian Armed Forces and other stakeholders, including the legal community, provincial governments and municipal courts, that are going to be forced to handle the investigations, the collection of evidence and the prosecution within our court systems that are already overrun because of the soft-on-crime policies the Liberal government has brought forward. We have these outstanding issues on whether there is capacity within the civilian court system to handle what is coming from the Canadian Armed Forces. The biggest problem is that they are overrun because of the soft-on-crime approach that is allowing people to get out on bail. Repeat offenders just keep going out and reoffending. That is why Conservatives always say, “Jail, not bail”. By doing that, not only are we taking dangerous and repeat offenders off our streets and making our communities safer, but we are going to be able to free up more resources within the court system to deal with things like sexual misconduct within the Canadian Armed Forces. Conservatives are wondering about some of the logic within Bill C-66. It is proposing to take the investigation and prosecution of sexual misconduct within the Canadian Armed Forces outside of the military itself for any offences that occur within Canada. They would be moved into the civilian system, whether it is municipal or provincial police departments, or even the federal police department, the RCMP, in some jurisdictions. We would see the skills and ability of our military police and criminal prosecutors within the Office of the Judge Advocate General atrophy and deteriorate. Within Bill C-66, whenever our troops are deployed out of Canada, we are still going to be in a situation where they are going to be the lead investigators and lead prosecutors, as well as the defendants, as we know happens within the military justice system, which has both prosecutors and defenders in order to provide the balance of justice to those who are accused and those who are plaintiffs. However, if they are not good enough to prosecute and investigate sexual misconduct within the Canadian Armed Forces when it happens here in Canada, how do we know we can trust them for cases outside Canada? I know I do, but I wonder if the minister is at all concerned about the atrophy of those skills, at both the prosecutor level and the investigator level, for our military police if they are not getting the repetitions. It is just like exercise; one has to do it over and over again. The other concern we have is about the new Governor in Council appointments. Currently, the Governor in Council, or the cabinet, the Prime Minister, the PMO, appoints the chief of the defence staff, the deputy minister, the national defence and Canadian Armed Forces ombudsman and the judge advocate general. They are all done through an order in council and they all report to the Minister of National Defence. Now we would be adding more Governor in Council appointments: the director of military prosecutions, the director of defence counsel services and the provost marshal. That would increase independence, but there are questions around the terms and lengths of those appointments. There is no consistency with other Governor in Council appointments we have, both in the civil system, within the bureaucracy and other government appointments, and those appointed under the National Defence Act. There is also no clarification of how those individuals would be reappointed. There have even been questions raised about whether having these three new Governor in Council appointments, who right now report to the JAG, would make having the judge advocate general irrelevant and the position undermined because of directives that can come from the minister. We are also very concerned that this would increase political interference, which we have already witnessed with the Liberal government. This is because it would be giving the power to the Minister of National Defence to not only have control over more individuals within the Canadian Armed Forces, but also to issue guidelines under Bill C-66 with respect to prosecutions, which would open the door to that political interference. All we have to do is look at some of the cases the government has already politically put pressure on to have moved to the civilian system. There was the case of Vice-Admiral Mark Norman; we can look at how that came about. Of course, those charges were all stayed and there was a legal settlement paid out by the Government of Canada to Vice-Admiral Mark Norman for its witch hunt. There was the case of Jonathan Vance, the former chief of the defence staff. In that situation, he was not charged for sexual misconduct but was actually charged for obstruction of justice. The next case I want to touch on is that of Admiral Art McDonald. Again, this was a political appointment by the Liberal government, and he was chief of the defence staff. It then came to light that there was some misconduct in his background. When it came time to prosecute, those charges were all dropped by the military prosecution office. Major-General Dany Fortin was acquitted by the Quebec judicial system. There is pressure coming from the Liberals on National Defence and the Canadian Armed Forces to move these to the civil system, so here he is getting off. All we are doing is destroying these people's reputations, and from the victim's standpoint, they are not getting any justice. With respect to Lieutenant-General Trevor Cadieu, his cases were stayed by the Ontario justice department. Vice-Admiral Haydn Edmundson was found not guilty in the Ontario justice system. That case was just ruled on earlier this week, and it was found that a CBC reporter actually tampered with a witness and all the testimony was thrown out. The last one I have here is Lieutenant-General Steven Whelan, and again, the charges were dropped by military prosecutors, and Lieutenant-General Steven Whelan has filed a statement of claim. When we look at all of this, we know we have a situation where the political pressure on national defence from the Prime Minister and the Minister of National Defence to move these into the civilian court system does not automatically result in justice for the victims. It actually turns into situations where we have liability because of increased defamation of the characters of individuals who have served this country for long, hard years as military leaders. We know General Jonathan Vance as a former chief of the defence staff. When we studied this at the national defence committee, for three months the Liberal chair kept adjourning the committee and refused to let us hear from witnesses and experts and victims about the cover-up that happened when the victims came forward about Jonathan Vance. The news stories broke and it came to light that the former minister of national defence, the Minister of Emergency Preparedness, had gone to great lengths to block the investigation, to turn a blind eye. The Prime Minister was involved in that. Unfortunately, the only committee that was able to give any type of report was the status of women. The Conservatives said, in response to that report, that it was “abundantly clear that there has been a lack of leadership by [the defence minister] on the issue of sexual misconduct in the Canadian Armed Forces.” Of course, instead of finishing the report and getting to the bottom of this, an election was called, Parliament was prorogued and the report died. The Liberals had lots of opportunities to act earlier than 2024. They had lots of reports they could have relied on. I mentioned the 2015 Deschamps report. In 2018, the Auditor General released a report on inappropriate sexual behaviour in the Canadian Armed Forces and then updated that report, the national defence and Canadian Armed Forces ombudsman report on sexual misconduct, in 2021. We had the Justice Fish report, which was a very extensive report with hundreds of recommendations. There was, also from the status of women committee here in Parliament, the 2021 report “Eliminating Sexual Misconduct Within the Canadian Armed Forces”. What did we have? Indecision, dithering, delays and punting this down the road to 2024. Meanwhile, while all this was happening, sexual misconduct, sexual harassment and sexual violence have escalated. As I have said before, we are trying to push out any sexual misconduct within the Canadian Armed Forces on base and here in Canada. Since 2015, over the last long nine years of the Liberal government, we have seen total sexual assaults at all three levels increase 74.83%. As for sexual violence in Canada, and this is all Canadians, sexual violence against children has increased 118.85%. Forcible confinement or kidnapping is up 10.6%. Indecent and harassing communications are up 86.41%. Non-consensual distribution of intimate images is up 801%. Trafficking in persons is up 83.7%. These are huge numbers that are dominating the work of our civil judicial system, whether it is in defendants or prosecutors or municipal or provincial or federal police forces. We are now going to throw in there an increase in sexual misconduct that we are seeing at national defence. Over the last five years, sexual misconduct reports have increased from 256 to 443. That is an increase of 73% under the watch of the Liberal government, which has turned a blind eye to this problem and failed to act in an appropriate manner. However, I do not think we should be surprised by this at all, because this is a Liberal government that has failed our Canadian Armed Forces. It has failed our brave women and men, who are the best of the best that Canada has to offer. They go through some of the roughest training. They get screened from a medical and a health perspective before they are ever allowed to don the uniform, and the current government has allowed our Canadian Armed Forces to fall into complete disrepair for nine long years. Our warships are rusting out, our fighter jets are worn out, the army has been hollowed out, and we are so short of soldiers, sailors and air crew that all our troops are burnt out. We have entire air squadrons now that have been shut down because we do not have enough personnel, whether pilots or maintenance personnel, to keep our fighter jets in the air. Our submarines are barely in the water. From all the Order Paper questions that we get back, we are lucky if we can put one submarine in the water for 100 days a year, and that is four submarines combined, which is embarrassing. How do we maintain skills if we do not have the opportunity to train and practise alongside our allies and protect our shorelines from other submarines? When the Liberals announced their defence policy, SSE, back in 2017, I said that it was a book of empty promises. If we look at their track record, it is still a book of empty promises. The defence policy update was a year late and, again, fails to make a strong investment in the Canadian Armed Forces. In fact, after the Liberals brought forward their defence policy update, they cut a billion dollars from the budget, which is affecting the operational readiness of our Canadian Armed Forces. Over $10 billion has gone unspent, uninvested in the Canadian Armed Forces. This means that the delivery of much-needed equipment is happening later, and our troops are getting tired of operating on old, worn-out equipment. Our troops do not feel safe. They do not feel respected. They do not feel honoured by the government. That is why we are short 16,000 troops in the reserves and regular forces today; this is a shocking number to start with. However, because we are so short of troops, we are also short of the people, the ladies and gentlemen, who make up a kind of middle management. These are the corporals, the master corporals, the sergeants and sergeant majors, who go out there and train our forces. Right now, we have over 10,000 undertrained and undeployable members who are in uniform. We do not dare send them out, because they do not have all the skill sets they need to do the job that we want them to. This is the government's own number. Our military has been so badly hollowed out that only 58% of our forces stand ready to deploy; again, that is a huge embarrassment. One thing that has really undermined our troops is that, at home and abroad, they have literally been left out in the cold. We have a housing shortage of 6,700 units. The government has only budgeted $8 million to build homes over the next five years. Last year, it only built 20 homes for our Canadian Armed Forces members, and the year before that, it only built 18. Thirty-eight new homes will not make up for the 6,700-unit shortage we have right now, and that is why so many of our guys are living unhoused. They are living in tents; they are couch surfing and sometimes living in precarious situations. I will close with this: The next Conservative government will rebuild the Canadian Armed Forces by cutting down on the bureaucracy and the wasteful spending on unnecessary consultants. We have people in the Canadian Armed Forces and within the Department of National Defence who can do that job. We will reduce that tail and invest it in the tooth of our military. We will take the taxpayer money that is going to foreign dictatorships and despots and reinvest that into the Canadian Armed Forces. We will spend more on the Canadian Armed Forces than the Liberals ever hoped to, and we will make the Canadian Armed Forces stronger and ensure they have the equipment they need. We will restore the honour and integrity of our military heroes so that Canadians can be proud of them. We will reverse all the woke Liberal culture, that experiment they have been carrying on; instead, we will support the war fighters of the Canadian Armed Forces so that they can proudly serve, proudly defend and proudly fight alongside our allies when they are called upon.
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