44th Parl. 1st Sess.
September 18, 2024 02:00PM
Mr. Speaker, I too will put an end to the suspense by announcing that the Bloc Québécois intends to vote in favour of the principle of the bill at second reading so that it can be sent to committee.
However, I will reiterate some of the comments I made about the timeline that led to the passage of the bill and the relevance of debating it now.
As has been mentioned, the issue of sexual misconduct in the armed forces was first brought to the forefront in March 2015 by the hon. Justice Deschamps. This took place around the same time as a series of other events that I will come back to a little later. In April 2021, Justice Fish also made some recommendations. In addition, Justice Arbour released a report on the subject in June 2022. When she was asked to look at potential reforms within the armed forces to put an end to certain issues related to misconduct, she replied that this had already been done and studied. However, hardly anything was put in place to bring about the changes recommended by her predecessors.
It was not until March 2024 that Bill C‑66 was finally introduced at first reading. Only now are we debating it at second reading. We know that it is not because the Standing Committee on National Defence has nothing to do right now. We are already working on a number of things. I am a little concerned that other matters no less important than this one could get delayed.
I am not trying to diminish the importance of any particular issue, but we have several files to deal with. We usually give priority to clause-by-clause consideration of bills so that reports can be produced. I am worried that we are going to get bogged down because, for one thing, military procurement is still an issue. Just about every week, the media reports on a new problem, whether it is sleeping bags or deliveries of light armoured vehicles. This is a recurring problem. We are likely to hear about it again.
There is also the matter of military spending. Although new funding was announced with the updated defence policy, some cuts that were announced last September are still in effect. That has led to a lack of resources in several areas. Canada is still not meeting the 2% target that it committed to at the Wales summit in 2014. That percentage used to be a minimum, but it is now a maximum. We still have capacity issues when it comes to international operations. There are problems with recruitment, retention and housing. Francophones in the armed forces are also having trouble getting services in their mother tongue.
We may end up talking about the Afghanistan evacuation in the summer of 2021, the evacuation of Kabul. During that evacuation, the current Minister of Emergency Preparedness, the member for Vancouver South, reportedly gave instructions to prioritize members of the Afghan Sikh community over Canadians and interpreters who had helped Canada. That is not the first blunder this minister made. I may come back to that later, because, on his watch, mistakes were also made regarding the then chief of defence staff, Jonathan Vance. That was likely the most high-profile case pertaining to sexual misconduct and the lack of separation between the chain of command and the military justice system. It was a case study of sorts for the many other cases that were not necessarily talked about in the media but that still plague the armed forces.
All this work that could have been accomplished might get pushed aside because we are going to have to work on Bill C‑66, which could have been introduced much sooner. On top of that, we may not be able to finish the study. Anyone who has paid the slightest attention to the news in recent days knows about the sword hanging over our heads and the possibility that an election could be called. This could jeopardize the bill, which is anxiously awaited by victims of sexual misconduct in our military and other observers.
I have a lot of empathy for these victims, but I am afraid that we will not be able to finish the study, as much as we want to, even if everything goes as smoothly as humanly possible in committee. The bill may not make it to third reading, pass through the Senate, or go on to receive royal assent. However, at the very least, we all agree on the principle of this bill.
Another point I would like to make is that a number of victims were consulted by Justice Arbour as part of a much broader study on changing the culture in the armed forces. However, those victims do not appear to have been contacted for the specific study of Bill C-66, to fine-tune the bill. As I mentioned in a question to my colleague earlier, it can be hard for victims to testify publicly, so I would like to issue an appeal to them while I have the opportunity. If any victims wish to contact committee members to make recommendations or suggestions or to submit questions that they should ask, that would be great. Personally, I promise to treat any submissions in complete confidence, if only to get the point of view of people who have unfortunately experienced the difficulties of the excessive proximity between the military justice system and those facing charges.
Let us come back to the bill, which makes several changes. The bill focuses primarily on changes related to sexual misconduct. The military has other grievances as well, but they are unfortunately not addressed in this bill, which is understandable because it would have been a massive bill. It would have been almost impossible to address it all at once. I wish we had already dealt with this issue so we could move on to other things, but oh well. Again, it goes back to the issue of timing and the proper use of the parliamentary calendar by the government. We could spend all day talking about that. I will refrain from doing so this time.
On the issue of misconduct, the main amendment made by the bill is the one that could only be made through legislation. It seeks to implement recommendation 5 from Justice Arbour's report, which proposes to completely remove the Canadian Armed Forces' jurisdiction over the investigation and prosecution of sexual offences listed in the Criminal Code and committed in Canada. Previously, the only offences that could not be tried by the Armed Forces themselves were murder, manslaughter and cases related to kidnapping or human trafficking. The bill adds new offences that will no longer be dealt with within the armed forces, such as sexual touching, invitation to sexual touching, sexual exploitation, incest, bestiality, voyeurism and publication of child pornography.
These are all sex offences. They can no longer be judged internally. This is a major change that was long overdue and I think it could have been implemented a little sooner. It was the key recommendation emerging from Justice Arbour's report and, as I said, it was the only recommendation that required legislation. Some things will not change, however, and I think that is a good thing. Military personnel can continue to gather evidence while awaiting the arrival of civilian authorities in the event of wrongdoing.
The other recommendations being adopted include ones from Justice Fish's report. Justice Fish recommended modifying the appointment process for the three primary judicial or military authorities, namely the Canadian Forces provost marshal, the director of military prosecutions and the director of defence counsel services, to make it a political, civilian process instead of relying on the military chain of command. These individuals would be selected by the government instead of military leadership. That way, they would be sheltered from any form of blackmail. I would just remind my colleagues about the case of the chief of defence staff, Jonathan Vance, who had sexual relations with a subordinate and subsequently bragged about having full control over the military investigations, ensuring that the victim could not file a complaint. His successor at the time, Art McDonald, had also stepped down a few weeks following allegations of a sexual nature. That is one of the recommendations from Justice Fish's report that is implemented by Bill C‑66.
This bill implements eight others as well. I will speak to them briefly. They are recommendations 2, 7, 8, 10, 13, 14, 15 and 16.
Recommendation 2 was that the National Defence Act be amended to allow the Governor in Council to appoint military judges, who can now be any officer or non-commissioned member who is a lawyer registered with the bar of their province and who has at least 10 years of experience as a lawyer and military member. This measure aims to exclude military judges from the summary hearing system. This evidently refers to summary hearings for service infractions or offences of a more disciplinary nature in general, such as being absent without leave, negligently discharging a firearm, wearing a uniform improperly or maintaining equipment poorly. Previously, service infractions like these could be tried before military judges. Now that the government is going to appoint military judges, they will no longer be able to decide matters that are subject to a summary hearing.
I understand the reasoning behind this, but I think it will still be useful to hear from people in committee to find out whether this exclusion is a good idea. The problem is that these summary hearings will always be presided over by unit commanders. This means it will always be a superior officer trying one of their subordinates, which generally results in a rather expeditious form of justice in which the person is guilty until proven innocent rather than the other way around. This recommendation may need some improvement.
Recommendation 7 from Justice Fish's report will also be implemented. It calls for the director of military prosecutions and the director of defence counsel services to be appointed, again on the recommendation of the Minister of National Defence, for terms of up to seven years.
Recommendation 8 will also be implemented, meaning that the judge advocate general will no longer be able to issue directives or instructions in respect of a particular prosecution. This power will be granted to the Minister of National Defence.
Recommendation 10 calls for the National Defence Act to be amended to enhance respect for the independence of military prosecutors, military defence counsel, and other actors in the military justice system. It will also clarify that the provost marshal, who is the head of the military police, the director of military prosecutions and the director of defence counsel services are independent.
Recommendations 13 and 14 are for the provost marshal to be appointed by the government rather than by the military. Once again, appointments are being moved outside the military chain of command in favour of a more civilian process. An effort is made to create roles that are more self-sufficient, to avoid constantly ending up in a kind of closed circle or boys' club where judicial decisions are susceptible to outside control.
Finally, there is recommendation 16, which I mentioned earlier. It will allow any member of the military to file an interference complaint with the Military Police Complaints Commission of Canada. Previously, only the victim could do so. A third party will be able to file a complaint against a military member or superior officer if they believe that the person interfered in the justice process. The purpose is to increase the number of people who can file a complaint, including the victim, for various offences.
Other recommendations being adopted include the recommendation that non‑commissioned members be allowed to become military judges. In the past, this position was reserved for more senior officers, but it did not necessarily reflect the current reality. Many non‑commissioned members, whose rank ranges from private to chief warrant officer, have a stronger academic background than some officers. In some cases, they are more academically qualified to fulfill this role.
Now the role of military judge could be open to a much larger pool that will better respect the current reality of the armed forces, which is not inappropriate in the circumstances. There will also be a much larger pool of potential candidates to select from for this role.
In the less substantial changes set out in Bill C‑66, there is the one that creates the victim's liaison officer position. It provides a representative for the victim, a sort of help in the complaints process. It also adds the possibility of a victim's representative being the spokesperson for the victim in dealing with this liaison officer. Some rather interesting recommendations were made, after all.
Finally, it harmonizes the National Defence Act with the Criminal Code regarding sex offender information and publication bans. There was a sort of code of silence for the general public on what could go on within the forces. Bill C‑66 will help modernize this.
As I was saying earlier, all of this is happening in the context of an issue that we have, unfortunately, been aware of for a long time, the issue of sexual misconduct. Members will recall that Justice Deschamps was commissioned to produce a report, which she submitted in March 2015. At that time, Jonathan Vance was also appointed as chief of the defence staff, even though allegations had already been made against him. Mr. Vance continued to commit indiscretions basically free from recrimination, mainly because the member for Vancouver South, the current Minister of Emergency Preparedness, more or less turned a blind eye to the complaints that he heard and everything surrounding Jonathan Vance's appointment. That likely gave victims the impression that nothing would change and that they would never get justice if the person who committed an offence against them was their superior. Unfortunately, that was true for many long years. We can hope that Bill C‑66 will have a positive impact and that it will give victims at least a little confidence in the system's ability to deliver justice when offences are committed.
Above all, the thing that I hope will change is the impression that no matter what happens in the armed forces, the boys' club will close ranks. Let us hope, once this dynamic changes, that recruitment and retention problems will become a thing of the past. It turns into a kind of vicious circle. The forces get a bad reputation, which has a ripple effect on recruitment and retention. We end up with a smaller pool of members in the forces and, unfortunately, fewer young recruits with a fresh outlook and possibly a much more assertive voice when it comes to speaking up and seeking justice. The fish, we are told, rots from the head. Often, we have to wait until the head is gone before things change. We cannot simply hope that things will change gradually as young people with different values join up. We need to speed up the process.
Bill C‑66 is a step in the right direction. I hope that we can move the bill forward quickly in committee. I somehow doubt it will happen. However, if any sand gets thrown in the gears, Bloc Québécois members will not be the ones to blame.
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