44th Parl. 1st Sess.
September 18, 2024 02:00PM
moved that Bill C-66, an act to amend the National Defence Act and other Acts, be read the second time and referred to a committee.
He said: Mr. Speaker, as indicated, I have the privilege today to begin debate on the second reading of Bill C-66, the military justice system modernization act.
If I may, I would like to begin by first acknowledging and thanking the thousands of witnesses, advocates and survivors who have generously and courageously offered their advice and their experience on the important matters that are before us in the bill.
I would also like to commend the important work and advice of Madam Justice Arbour and Justice Fish for the advice they have provided, which has so well informed this work.
I also would like to take the opportunity to thank the dedicated members of the Canadian Armed Forces, the Department of National Defence, the Department of Justice and my ministry for their tireless work on this important bill.
Every single day in Canada and around the world, the Department of National Defence's public service employees and Canadian Armed Forces members come to work in service of their country and their fellow citizens. As the international rules that keep us all safe have come under increased threat, their task is crucial, and their ability to respond to global challenges is becoming even more important.
To effectively do their jobs, DND's public service employees and CAF members must feel protected, respected and empowered to serve. In other words, changing the culture of DND and CAF is not just simply the right thing to do; it is also essential to the readiness and operational effectiveness of our institution.
From the very first day I was appointed as Canada's Minister of National Defence, I have tried to make it very clear that my most important responsibility is to ensure that the Canadian Armed Forces' members go to work in an environment that fosters and enables their excellence. They must be provided with a work environment where they feel safe and supported while they do the critical work of protecting our nation and its people. That includes that no one at National Defence and the Canadian Armed Forces is subjected to harassment, misconduct or discrimination.
It also includes ensuring that all of our members have access to justice. Our people, after all, must be always at the heart of everything we do. They protect Canadians here at home, defend our sovereignty and respond to natural disasters to keep Canadians safe. They stand on the eastern flank of NATO. They train Ukrainians with the skills they need to fight and win. They work with our partners to ensure a free and open Indo-Pacific.
It is our responsibility to protect our people in uniform and civilians, and support them. To do so, we need to modernize our military justice system in order to rebuild trust in it. That is precisely what Bill C-66 aims to do. It proposes a suite of amendments to the National Defence Act to bolster confidence in the military justice system for all of our people.
Let me share some of the key changes the bill proposes. After months of work, hundreds of interviews and the review of thousands of documents, former Supreme Court Justice Louise Arbour provided the government with 48 recommendations to build a more inclusive military where all members are protected, respected and empowered to serve. We must and we will implement all of these recommendations.
In December 2022, my predecessor, now the President of the Treasury Board, directed National Defence to move forward on all 48 of Justice Arbour's recommendations and issued a detailed plan on how we will take action in response to each of them. Since then, we have made some very important and tangible progress. To date, approximately 20 of these recommendations have been implemented, and we are currently on track to address all 48 recommendations by the end of next year.
Recommendation 5 is the only recommendation from Justice Arbour that requires that it be implemented through legislation, so the legislation before us proposes to address recommendation 5 by removing the jurisdiction of the Canadian Armed Forces over Criminal Code sexual offences committed in Canada.
The legislation would give exclusive jurisdiction over these offences to the civilian justice system. Justice Arbour made this recommendation for a very clear reason. She stated that concurrent jurisdiction, jurisdiction that is both in the military and civilian justice system over such offences, “has had the opposite effect to that intended; it has not increased discipline, efficiency or morale, and it has not generated the confidence it would need....Rather, it has contributed to an erosion of public and CAF member confidence.” Madam Arbour went on to highlight the urgency of ending concurrent jurisdiction, to give clarity and certainty to all actors in the justice system and to ensure fairness and justice to survivors.
Under the proposed legislation, the Canadian Armed Forces would no longer have jurisdiction to investigate and prosecute any Criminal Code sexual offences committed in Canada. Instead, that jurisdiction would rest exclusively with civilian authorities.
Bill C-66 also addresses eight of the recommendations from former Supreme Court justice Fish through an independent review. It proposes to modify the important process for key military justice authorities to remove any real or perceived influence from the chain of command. It also proposes to expand the eligibility criteria for military judges to include non-commissioned members so that we can help diversify the pool of potential candidates, and it proposes to expand the class of persons who can make an interference complaint to the Military Police Complaints Commission.
In addition to addressing the recommendations from Justice Arbour and Justice Fish, Bill C-66 would also take additional steps to ensure the confidence and integrity of our military justice system. It proposes to exclude military judges from the summary hearing system, and it proposes to provide additional supports for survivors by expanding access to victims' liaison officers to individuals acting on behalf of the victim under the Declaration of Victims' Rights.
These proposed amendments are comprehensive, as they are required to be, and they incorporate the feedback and the needs of those who have been directly affected by sexual misconduct. The chief professional conduct and culture has conducted engagements with over 16,000 national defence personnel and Canadian Armed Forces members, as well as external stakeholders, in order to listen and to learn from their experience.
We have also consulted with current and former DND and CAF personnel, including those affected by conduct deficiencies of a sexual nature, harassment of a sexual nature, crimes of a sexual nature; victim advocacy groups; and military justice actors. In these consultations, we have heard overwhelmingly about the need for concrete and durable military justice reform in order to maintain trust in the system, and we have heard clear support for removing CAF jurisdiction of Criminal Code sexual offences committed in Canada.
We have heard the voices of our people loudly and clearly. We have listened and we have acted. We now know as well that there is much more work to do, but we are making concrete and measurable progress. Bill C-66, we believe, is an important step in a journey designed to achieve durable and lasting institutional reform. I hope that every member of the House will support this crucial legislation.
Let me also address some of the other work that we are doing to better support our people and to give them procedural fairness and access to justice that they deserve.
Since December 2021, 100 per cent of all new Criminal Code sexual offence charges have been laid in our civilian justice system. No new Criminal Code sexual offences are being adjudicated within the military justice system. In June 2022, Bill C-77 came into force, which established the Declaration of Victims' Rights. That includes the creation of victims' liaison officers to better assist victims in understanding and accessing their rights.
We developed a military-wide online brief on victims rights and the summary hearing process in order to promote awareness of changes in the military justice system so that victims, witnesses and military justice actors know exactly what to do when an incident of misconduct occurs. In budget 2022, we allocated over $100 million over six years to support the modernization of the military justice system, as well as other cultural change efforts.
We are also making progress in implementing the recommendations that have been made by Justice Arbour and Justice Fish. Members of the Canadian Armed Forces can now take their complaints for sexual harassment or discrimination on the basis of sex directly to the Canadian Human Rights Commission. This is precisely in line with recommendations 7 and 9 made by Justice Arbour.
We have addressed recommendation 11 from Justice Arbour by repealing the duty-to-report regulations. We have addressed recommendation 14 by agreeing to reimburse eligible legal costs for those who have been affected by sexual misconduct. We are also implementing recommendation 20 from Justice Arbour's report.
We announced in “Our North, Strong and Free” that we are going to establish a probationary period to enable faster enrolment of applicants, and where necessary, timely removal of those who do not adhere to our requirements of conduct. We have also strengthened the promotion process for senior leaders to better assess character, talent and competence.
In response to recommendation 29, I have also appointed the Canadian Military Colleges Review Board. This board is focused on reviewing the current quality of education, socialization and military training that takes place at our colleges, and I have been sufficiently clear that their cultures need to change significantly. We have launched an online database to make our conduct and culture research and policies more open and accessible, which is also in line with recommendation 45 from Justice Arbour.
As we deliver these meaningful reforms, we are committed to the highest standards of openness and accountability. That is precisely why we appointed Madam Jocelyne Therrien in the role of external monitor. Her role is critically important. She is overseeing the implementation of all of Justice Arbour's recommendations and providing Canadians with public progress reports on a regular basis.
In fact, Madam Therrien released her third biennial report earlier this year in May. It notes our progress on bringing about the change that will re-establish trust in the Canadian Armed Forces as a professional, inclusive workplace. In addition, she identified that there is a lot more work to do and that we have to move faster. I want to express my gratitude for Madam Therrien's work and her honest assessment as we continue building a respectful and inclusive institution.
In order to help drive these efforts, we have also developed the comprehensive implementation plan to prioritize and sequence our work right across the National Defence and Canadian Armed Forces portfolio to address the recommendations from Justice Arbour and Justice Fish, as well as the minister's advisory panel, the anti-racism report and the national apology advisory committee board, which was developed to provide recommendations for Canada's historic apology to the descendants of the No. 2 Construction Battalion.
We will continue working on all fronts, because it is critical to the well-being of our people and for the CAF's operational effectiveness.
As I said at the very outset of my remarks, we are committed to building a workplace culture where every member of National Defence and the Canadian Armed Forces feels protected, supported, respected and empowered to serve. Our commitment to building a better military culture is highlighted by our updated defence policy, “Our North, Strong and Free”. It is evident in our Canadian Armed Forces ethos, “Trusted to Serve”.
In these documents, we have made it very clear that conduct deficiencies, harassment, discrimination and violence in any form must not be allowed to develop or remain within our institution because they cause deep harm to our people. They fundamentally undermine our mandate, our mission and our effectiveness, and they erode the trust that Canadians place in us.
Therefore we are working hard to build a more modern and inclusive military culture in which Canadians from all walks of life can serve their country. That work is being led by the chief professional conduct and culture, the CPCC. This office was created in 2021. The CPCC serves as the single authority for professional conduct and culture at National Defence. The position was initially led by General Jennie Carignan. Of course now it is being led by Lieutenant-General Prévost, as General Carignan is our new chief of defence.
It has consulted with 16,000 DND personnel, Canadian Forces members and external stakeholders, and those consultations have deeply informed our work. It has enabled us to better understand the lived experiences of our people. It has enabled us to proceed on our culture of change work from a place of knowledge, understanding, support and compassion. Culture change requires a systemic, sustained and continuing effort. It is not just the right thing to do; it is also the smart thing to do. It is essential to our operational effectiveness.
We will continue to listen and learn from people across National Defence and the Canadian Armed Forces. We will continue to work with external stakeholders and partners as we work toward building a safer and more inclusive work environment. I believe we are making real and tangible progress, but there is always much more work to do.
At the same time, as we modernize our military justice system and change our culture, we also need to ensure that the survivors of sexual assault and misconduct always get the support, care, respect, compassion and resources they need. Much of that work comes from the Sexual Misconduct Support and Resource Centre. This is a centre that is independent of the chain of command.
It provides expert advice, guidance and recommendations to the military and National Defence on all matters relating to sexual misconduct. That includes a 24-7 support line where members can receive confidential support and information on options, and guidance on supporting others, as well as referrals to care and service operations. It also runs the response and support coordination program to provide individuals who have experience sexual misconduct in the DND and CAF environments with a dedicated civilian counsellor who can help them access health services, prepare for police interviews and very much more.
The Sexual Misconduct Support and Resource Centre also runs a grant program to fund community-based programs to broaden the range of support services that will be available to the wider defence community. It offers peer support programs and partnerships with Veterans Affairs Canada.
We have more work to do to support those affected by misconduct. That is why last year we launched the independent legal assistance program, which will provide reimbursement of legal expenses incurred on or after April 1, 2019 as a result of sexual misconduct in the DND and CAF environments. That is in line with Justice Arbour's recommendation 14, and we have responded. The program is also working toward facilitating direct access to legal information, legal advice and legal representation.
The work that I have outlined today is comprehensive in scope, but we need to do more and we will do more. A very important step in doing more is passing this legislation. Doing more is going to give exclusive jurisdiction over Criminal Code sexual offences in Canada to the civilian justice system, exactly as Madam Arbour has recommended.
We need to give clarity and certainty to victims and survivors, and we need to build a more modern military justice system that can maintain the confidence of the people it serves. By getting this done, I believe we will improve the operational effectiveness of our armed forces. Getting this done will help us attract and retain even more talented Canadians from right across the country. It will show them that as members of our military, they have access to a fair and modern justice system and reliable resources if they ever suffer harm.
Above all else, this is the right thing to do for our people, for our military and for our country. I believe it will help us rebuild the trust that may have been lost. It will keep our people safer and better supported, and it will help to ensure that the Canadian Armed Forces has the culture, the people, the institutions and all of the support and resources it needs to keep this country safe now and in the decades to come.
2798 words
- Hear!
- Rabble!
- add
- star_border
- share
- Sep/18/24 4:41:45 p.m.
- Watch
Mr. Speaker, I give my personal thanks for your and your party's support, which will allow this bill to move forward. That is important and it will allow us to get some work done.
With respect to consultation, as I have indicated and as Madam Justice Arbour reported, she did do fairly extensive consultation, during which she talked to hundreds of survivors, advocates and witnesses, who provided her with advice. I think her recommendations are a really clear road map of the path forward, and we have been well informed by them. I also want to assure you that our chief of the defence staff, in her previous role, conducted very extensive consultations. She advised me that she spoke to 16,000 people, and not just members of the Canadian Armed Forces, although there were many, and members of DND, but also advocates, survivors and witnesses. There was very extensive consultation.
I also hear you, because I have heard the same thing. There are some people who do not yet feel they have been heard. We are presented with a real opportunity at committee to give those people another forum where they can come forward and share their experiences and opinions with the committee. I also hope that you engage with our chief of the defence staff, who oversaw the consultation with over 16,000 people, so that she can share with you the results of those consultations.
I do not think we can ever do enough to listen to the lived experiences. People need to know that they have been heard, and we have tried very hard to hear them. I know there is no universal consensus on exactly the right way forward, but we have been informed by the excellent report of Justice Arbour and the excellent report of Justice Fish. We have listened to literally thousands of people who have come forward and offered their opinions, their lived experiences and their advice. Our work has been informed by that experience and that advice, but I would welcome the committee taking even further steps to continue in that consultation.
352 words
- Hear!
- Rabble!
- add
- star_border
- share
- Sep/18/24 5:42:36 p.m.
- Watch
Madam Speaker, I want to thank my colleague for her very informative speech. She clearly has a firm grasp of the file.
I also want to acknowledge the Minister of National Defence for listening carefully to the positions of each of the other parties. Unfortunately, the House seldom sees a minister so diligent about his legislation. We appreciate it. We support the bill in principle, although it should have been implemented and passed a long time ago.
My hon. colleague raised another issue. It concerns the testimony of victims in committee who may end up getting caught in partisan crossfire from various elected members sitting on the Standing Committee on National Defence. She apparently has some suggestions to ensure the comfort and well-being of these witnesses and ensure they are treated with respect, considering the kinds of stress they may be dealing with.
I would like to hear her thoughts on that.
153 words
- Hear!
- Rabble!
- add
- star_border
- share
- Sep/18/24 5:43:32 p.m.
- Watch
Madam Speaker, when I put the question to my colleague the co-chair, he may have mentioned that the issue of sexual misconduct is so non-partisan that we should ensure the safety of the witnesses who testify about it. However, the issue of domestic violence should not have been partisan either. That did not stop us from witnessing an unfortunate circus this summer at the Standing Committee on the Status of Women.
Hence my suggestion to have these individuals testify in camera, if they request it. The goal is to give ourselves an opportunity not to engage in partisanship, which we may be a little more quick to do when the cameras are rolling. That is a solution I am proposing. Perhaps there will be others. I would be more than happy to discuss it with my colleagues. I think it is critical for this issue.
I will pick up where my hon. colleague from Joliette left off. It is true that the minister is very attentive and available. I appreciate that. We know that he cares deeply about all issues affecting the forces. We do not always agree on how to resolve them, but we are able to talk about them in a very courteous way and that is appreciated.
213 words
- Hear!
- Rabble!
- add
- star_border
- share
