44th Parl. 1st Sess.
September 19, 2024 10:00AM
- Sep/19/24 4:14:07 p.m.
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Madam Speaker, the NDP has been fighting for meaningful legislation to be brought forward since government first announced the transferring of cases, but the government's delay in bringing this legislation forward has had the tragic consequence of survivors being robbed of justice by concurrent jurisdictions causing cases to be stayed. We want this legislation to reach committee quickly, we are hearing that around here, so we can strengthen the bill and ensure more cases are not stayed. We also know this bill needs to pass to protect future cases from potentially being stayed by undue delays in the transfer of evidence. Many survivors have expressed their frustration that this bill was created by Ottawa lawyers without their input.
How can the government protect survivors when the minister is not actually consulting them?
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- Sep/19/24 4:14:56 p.m.
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Madam Speaker, I am as interested in getting this bill to committee as the hon. member is. I chair that committee. Insofar as I have any authority in that committee, it will move as quickly as we can move it. I am looking forward to the co-operation of my colleagues.
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Madam Speaker, it is good to be back after the summer break and have my first speech in the House and represent the good people of Moose Jaw—Lake Centre—Lanigan. I would like to start off by saying that I will be splitting my time with the hon. member for Calgary Midnapore.
I am happy to have been given the opportunity today to speak to Bill C-66, a bill to introduce changes to national defence aimed at modernizing the military justice system, and responding to the recommendations made by two former justices of the Supreme Court of Canada. This is the government's long-overdue legislation to try and finally apply recommendations made in numerous reports regarding sexual misconduct in the Canadian Armed Forces.
We must continue to address sexual misconduct, discrimination, racism and other forms of harassment in the Canadian Armed Forces because all military members deserve a safe and respectful workplace. The previous Conservative government accepted all recommendations from the Deschamps report to eliminate all forms of sexual harassment from the Canadian Armed Forces. This important report was ignored by the government, and it is disappointing that the Liberal government has failed to act on this important report. Liberals cannot be trusted to stop sexual assault within the Canadian Armed Forces because of their soft-on-crime policies. After nine long years of the Liberal government and two more reports from former Supreme Court justices, victims of military sexual misconduct are still no closer to having their cases dealt with properly.
I support Bill C-66, but let me make this perfectly clear: it needs to be carefully studied at committee to ensure concerns from all stakeholders are taken into consideration and amended appropriately. There are also outstanding concerns about the ability of the civilian judicial system to handle these particular cases, given that the court system and courtrooms are already backlogged due to the Liberals' soft-on-crime policies and repeat offenders getting out of jail on bail and committing more crimes. It is a continual cycle that the Liberal government has created. Its present catch-and-release system is failing the people of Canada and, if implemented in the military, will fail both the military and the people of Canada.
The Liberals have had many reports that they could have already acted on, but instead we are in the last year of a parliamentary session, and only now are they taking any legislative action. The reports that I am speaking of include the 2015 Deschamps report, which I mentioned earlier; the 2018 Auditor General report on inappropriate sexual behaviour in the Canadian Armed Forces; the 2021 Justice Fish report; the 2021 DND Canadian Armed Forces ombudsman report on sexual misconduct; and the 2021 “Eliminating Sexual Misconduct Within the Canadian Armed Forces” report from the status of women committee. There would also have been a report by the Standing Committee on National Defence, but the Liberals instead chose to filibuster and keep the committee in the same meeting for three months, then prorogue Parliament for the Prime Minister's impromptu election in 2021. Instead of taking action, they asked for another report by another former justice and got the 2022 Arbour report.
I will add here that according to Statistics Canada data reported since 2015, disappointingly, total sexual assaults in Canada were up 74.83% and increased an additional 71% last year. These are horrific to hear. These are stats that we do not want to hear but we cannot ignore.
We did our own study in veterans affairs committee on women veterans, and spent a lot of time speaking with survivors of military sexual trauma. This study took the better part of a year. We heard several difficult stories, dating back to when women were first admitted into the Canadian Armed Forces. For me, personally, these were horrific to hear and have left a lasting impression on me that we need to act correctly and do better.
One of the issues we heard about was the Canadian Armed Forces' ability to investigate these claims. Jennifer Smith said in her testimony:
I've spoken about it in Federal Court. I've given this information to many, many high-ranking officials. I've even provided the names of some of my attackers as well as pictures. Again, I've never been offered the opportunity [to file a complaint]. I still don't know what avenue I have to go forward with this. I've been told to write it down on a claim form. I feel that this goes beyond that. This is criminal activity. I know who did it. I know some of the people who did it. I'm just wondering why no one has come to me or reached out to me. I've given the information. I haven't been asked if I want to go forward with that or been presented with some options. That has not happened.
Clearly, there is a need to have civilian courts investigate these cases outside the chain of command of military. Our committee made that recommendation. However, this same recommendation has been made several times before, going back to the Deschamps report of 2015, nearly a decade ago.
Just now, a year away from the next scheduled federal election, the government is finally going forward with legislation on this. It is instances like this that make it so difficult to take the Liberal government seriously, to reconcile horror stories I hear first-hand of pain and suffering and not acting.
On top of that, the Liberal government has spent the last decade pushing our courts to the breaking point. The Liberals' soft-on-crime bills, Bill C-75 and Bill C-5, have led to a skyrocketing crime rate in Canada. Statistics Canada lists total sexual assaults as increasing by 75% since 2015.
The Prime Minister has continuously shown that he does not take the safety and security of Canadians seriously. His Liberal government is watering down serious offences. These offences include date rape, drugs and human trafficking, which is on the rise. They once again prioritize the rights of criminals over the rights of victims. At a time when our courts are overworked and understaffed, this legislation aims to add more cases to their dockets. This is one of the serious issues that needs to be examined in committee.
I want to share that I have seen the military justice system work while I served. Whether it was summary trial, court martial, or dismissal of military personnel, I have seen it work. However, there has to be another level of oversight.
The next Conservative government would rebuild the Canadian Armed Forces by cutting down the bureaucracy and the consultants. We would make sure that the money is going to the Canadian Armed Forces. We would restore the honour and integrity of our military heroes that Canadians can be proud of. Finally, we would reverse the left-wing Liberal woke culture and return the war-fighting capabilities of the brave women and men in the Canadian Armed Forces.
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Madam Speaker, my colleague is talking about a previous government that allegedly did all sorts of great things for military justice reform. His party did nothing. It did nothing at all during the nine years it was in power, and yet my colleague comes here to criticize.
We all agreed that this bill is important. A number of measures have been taken in recent years. Twenty of Ms. Arbour's 48 recommendations have been implemented. We are going to keeping working until 2025 to implement them all.
However, today, we are here to talk about Bill C-66, because recommendation 5 provides for a change to the National Defence Act.
Will my colleague agree to send this bill to committee so it can be studied and moved forward?
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- Sep/19/24 4:26:19 p.m.
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Madam Speaker, as I pointed out, under the Conservative government we did initiate reports, and they were delayed by the Liberal government. As I also stated, we believe not everybody has been heard on this, and because of the way this report is written, we want the bill to go to committee so we can make some adjustments and have input.
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- Sep/19/24 4:27:03 p.m.
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Madam Speaker, I enjoyed my colleague's speech, which was very sensible. There is still important work to do. We must continue to do it in order to protect people and especially our soldiers. Sending this bill to committee is a first step. We also need to leave enough time so that the bill can get to the Senate and then be given royal assent. That is part of our responsibility.
My colleague does not have confidence in this government, and we cannot blame him. That being said, does he have confidence in all of the opposition parties?
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- Sep/19/24 4:27:50 p.m.
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Madam Speaker, my answer is no. I have no confidence in the other parties in the House. I have full confidence in the Conservative Party, and I am grateful to represent the Conservative Party in my riding.
I want to see this report go to committee so we can have input and so some of the reports we have dealt with in the past can reflect this.
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- Sep/19/24 4:28:25 p.m.
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Madam Speaker, I am on the veterans affairs committee with the member. I was one of the lead people who put forward the study on women veterans. A focused study on women veterans had never been done in Parliament before.
One of the things we heard from those women was that because they were serving federally and moving from one province to another, sometimes where the incident happened was not where they were moved to, so cases got dropped. We need to figure this out in the civilian world so that does not happen.
I am wondering if the member is going to work seriously in this committee. I hope to see the committee move rapidly, because it is a big issue that needs to be addressed immediately. I hope the Conservatives will be dealing with real issues that matter to women veterans and, of course, not playing the games the Conservatives like to play.
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- Sep/19/24 4:29:22 p.m.
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Madam Speaker, I thank my colleague for her work on the veterans affairs committee.
As the member has heard during committee, when I served with the Canadian Armed Forces, we always wanted to protect everybody in our platoon. We always protected them, and it did not matter what race or sex a person was. Obviously, I want to make sure that everybody is protected.
Conservatives would like the bill to be expedited as quickly as possible, but we also have to take the time to make sure that there is input and that people are truly protected and looked after. It does not matter what province or country a person is in when serving.
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Madam Speaker, it is always a pleasure to rise to speak in the House.
On behalf of the wonderful people of Calgary Midnapore, whom I continue to be so proud to represent, I am here today speaking to Bill C-66.
I will start by saying that as a Conservative and as a woman here in the House of Commons, I believe and Conservatives believe we need to continue to address sexual misconduct, discrimination, racism and other forms of harassment in the Canadian Armed Forces, because all military members deserve a safe and respectful workplace. I believe this as the shadow minister for the Treasury Board as well. I will also say, with a lot of pride, that Conservatives are proud of and support all of our men and women in uniform who serve Canada. Let us give a round of applause in the House of Commons right now for all the men and women who serve Canada.
The principle of this bill is to be respected and appreciated. However, we need to really consider two major factors when we consider Bill C-66. Number one is the results we have seen from the Liberal government so far. Is its money where its mouth is? Second is what is really important in our military and what is really going on with our armed forces at this time.
The Liberal government has had several reports it could have acted on, but instead, here we are in the last year of a parliamentary session for the current government and only now is it taking action. These reports include the 2015 Deschamps report; the 2018 Auditor General report on inappropriate sexual behaviour in the Canadian Armed Forces; the 2021 Justice Fish report; the 2021 DND-CAF ombudsman report on sexual misconduct; and the 2021 “Eliminating Sexual Misconduct Within the Canadian Armed Forces” report from the status of women committee, which my colleague the member for Sarnia—Lambton alluded to in her question to the previous Liberal speaker. There also would have been a report by the Standing Committee on National Defence, but the government instead chose to filibuster and keep the committee in the same meeting for three months and then prorogue Parliament for the Prime Minister's impromptu election. Instead of taking action, the Liberals asked for another report by another former justice and got the 2022 Arbour report.
Meanwhile, according to Statistics Canada, since 2015, total sexual assaults at all three levels were up 74.83% and increased 71% last year alone.
My point is that the current government has had the opportunity through several reports to take action and it has deferred taking action. Most insulting, which my colleague referred to, is how the government handled the sexual misconduct cases in 2021. For over six months, the Prime Minister and the then defence minister, now Minister of Emergency Preparedness, continually covered up information on sexual misconduct in the Canadian Armed Forces. We are not surprised on this side of the House to see that these concerns, pleas and issues of great importance would only be spoken to, be given platitudes, with no real action taken.
The Liberals then went to great lengths to block investigations and hide the truth from Canadians. Again, this is not only with regard to harm within the Canadian Armed Forces. As a result of soft-on-crime bills, like Bill C-75 and Bill C-5, Statistics Canada data since 2015 states that total sexual violations against children are up 118.85%, forcible confinement and kidnapping is up 10.63%, indecent harassing communications are up 86.41%, incidents of non-consensual distribution of intimate images are up 801.17% and trafficking in persons is up 83.68%. This is what we are seeing as a result of the inaction of the current government.
The Liberals put forward bills like Bill C-66, but they have done nothing. All of their previous platitudes and grandstanding were fake efforts to make real change, not only within Canadian society but within the Canadian Armed Forces. The annual number of reported incidents of sexual misconduct in the Canadian Armed Forces was 256 in 2018-19; it went up to 356 in 2019-20, to 431 in 2020-21, to 444 in 2021-22, and was 443 in 2022-23.
The Liberals talk a lot about things they want to do, reports they are doing and announcements they make, but the results speak for themselves. Nothing has changed. Nothing has improved in the Canadian Armed Forces. Our first point is that we are not seeing the results for the Liberals' efforts, because frankly, the Liberals are not doing anything.
The second is that we need to admit to the serious status of our Canadian Armed Forces, and after nine years of the Liberal government, our military is in a state of disrepair. The government has failed our Canadian Armed Forces and the men and women who serve. Our troops are hurting at home and abroad. They have been sent overseas and forced to pay for their own meals and buy their own equipment. Military families are turning to charity because they cannot afford the basic necessities.
In 2017, the Prime Minister promised to invest more in our forces, but has instead let $10 billion lapse and is now cutting the defence budget by another billion dollars. This cut affects operational spending. This means the situation facing our troops is not getting better. It is getting worse after nine years of Liberal neglect. The Liberals have overspent in every department except our military. They have shown that they do not care about our troops or the Canadian Forces.
This is being noticed internationally. It is being noticed at NATO. It is being noticed by what is historically our greatest neighbour and ally to the south, the United States of America. It is the reason Canada was excluded from AUKUS, the Australia-U.K.-U.S. arrangement, as well as the quadrilateral security dialogue between Australia, India, Japan and the U.S. There are even discussions to exclude Canada from the G7, if members can believe it, as a result of our lack of commitment. We do not put our money where our mouth is.
Then again, this is not a surprise coming from a Prime Minister who told our heroes they are asking for more than we can give. We are not taken seriously abroad as a result of the constant lack of judgment, whether the Prime Minister is praising the Cuban regime or siding with Hamas over Israel and refusing to support the U.S. in moving its embassy to Israel. It is just a constant lack of making the decision to stand with our allies.
As I said on funding, the Prime Minister and the defence minister are cutting $1 billion per year over the next three years and allowed $10 billion to lapse in the defence budget over the last several years. In fact, according to the most recent public accounts, $1.2 billion lapsed in defence spending in 2021 alone.
In conclusion, the Liberals can say that they care, that they are doing these nice things. They have had the opportunity to do much. They have constantly kicked the ball down the field and not done anything. The results speak for themselves. The numbers show that crime and acts of violence have not improved in society with their legislation, nor within the Canadian Armed Forces. Most humiliating is the standing we have lost with our allies around the world, as kicking us out of the G7 is being considered. The numbers and the spending show it.
A Conservative government would commit the spending, stand with our allies and show our men and women in uniform that it supports them. I look forward to doing that along with the member for Carleton.
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- Sep/19/24 4:40:27 p.m.
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Madam Speaker, I would just like to inquire. There were a couple of important votes here in the House just recently, in the last six or seven months, where we were voting on money for the Canadian Armed Forces. We were voting on money, for example, to support its Operation Unifier, the work it was doing in support of Ukraine. We voted on money for its raise.
The member opposite, who just proclaimed her support for the Canadian Armed Forces, actually voted against those supports. Over the past eight years, we have more than doubled the defence budget, and every single time those votes came up, the member opposite, while she has been a member of the House, voted against them. I just wonder how she reconciles her statement of support with her actions. I would remind her that deeds speak.
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- Sep/19/24 4:41:18 p.m.
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Madam Speaker, the numbers speak for themselves: $1.2 billion in defence spending alone. The minister is trying to stand up to defend helping Russia export oil and natural resources, relative to Ukraine, to help stand against our allies. The turbine is what I am talking about.
The government is making efforts not to help our ally Israel, not sending equipment that would actually help our allies. It does not matter, because it has reduced spending, which shows disrepute to our allies. As well, the actions consistently go against what they are saying. He can say whatever—
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- Sep/19/24 4:42:11 p.m.
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Questions and comments. The hon. member for Nunavut has the floor.
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- Sep/19/24 4:42:30 p.m.
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Uqaqtittiji, I thank the member for her passion. This is an important piece of legislation that requires such seriousness, especially thinking about the survivors. We have heard that survivors say that the bill was not thought through well enough, especially for survivors. I wonder whether the member could tell us whether the Conservatives would agree at committee to extend the study so we could make sure that more survivors' voices will be heard at committee.
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- Sep/19/24 4:43:06 p.m.
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Madam Speaker, I believe the NDP member when she says that the survivors feel that the bill was not thought through well enough, because nothing that has been done by the government has been thought through well enough, or it has been thought through well enough with the bad intention of covering up, which is what we saw in the status of women committee.
I stand with the NDP member in her concern for the survivors, and I hope the government will take them seriously and start to take actions that show not only that their intentions are better but also that they are making true efforts to stand behind what they are saying.
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- Sep/19/24 4:43:59 p.m.
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Madam Speaker, I thank my colleague for her speech. I am wondering something about this bill, since neither the Liberals nor the Conservatives took action in the Vance case. What is the Conservatives' vision for this bill and the improvements that need to be made?
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- Sep/19/24 4:44:19 p.m.
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Madam Speaker, I thank my colleague for her question. Right now, the Canadian Armed Forces are in bad shape, but I think that our leader and our party will make them a priority. We will give our armed forces the funding necessary to do their job. Respecting our friends around the world will create a better armed forces from which all Canadians will benefit.
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- Sep/19/24 4:45:08 p.m.
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It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Kelowna—Lake Country, carbon pricing; the hon. member for Spadina—Fort York, foreign affairs; and the hon. member for Courtenay—Alberni, indigenous affairs.
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Madam Speaker, the Minister of National Defence has made it clear that he is committed to ensuring that the Department of National Defence and the Canadian Armed Forces are workplaces where all members, military and civilian, feel supported, respected and included. While much has been accomplished toward this goal, there is still more to do.
Bill C-66 is another critical step toward lasting institutional reform, as well as toward strengthening trust and confidence in the military justice system. It is the next step in the Department of National Defence and the Canadian Armed Forces' efforts to implement recommendations from the independent external comprehensive review and the third independent review of the National Defence Act.
Apart from the recommendations addressed in Bill C-66, the Department of National Defence and the Canadian Armed Forces have also made progress on recommendations from the minister's advisory panel on systemic racism and discrimination report and the national apology advisory committee report.
Overall, these four reviews have helped define how DND and CAF are undertaking changes to the military justice system and culture change. That is why today I would like to provide the House with an overview of these independent external reviews and the progress the Department of National Defence and the Canadian Armed Forces have made to implement their recommendations to date.
I will begin with the independent external comprehensive review, also known as the IECR. This review was launched in April 2021 and led by former Supreme Court justice Louise Arbour to examine harassment and sexual misconduct in National Defence and the Canadian Armed Forces, as well as policies, procedures, programs, practices and culture, including the military justice system.
I apologize; I should have mentioned at the outset that I need to split my time with the hon. member for Hamilton Mountain.
The final report was made public on May 30, 2022, and the minister at the time welcomed all 48 recommendations. When the final report was received, there were 17 recommendations for which implementation could actually be undertaken immediately. These included, but were not limited to, the implementation of recommendation 48, appointing an external monitor to oversee the implementation efforts of the IECR's recommendations.
The minister at the time appointed Madame Jocelyne Therrien as the external monitor, who provides monthly progress reports to the minister on the implementation of the IECR's recommendation. She also provides biannual progress reports that are made available publicly.
The minister also announced the implementation of recommendations 7 and 9, changes to the military grievance and harassment process, in August 2023. With the implementation of these recommendations, any CAF member who has experienced sexual harassment can now choose to direct their complaint directly to the Canadian Human Rights Commission without first exhausting the internal grievance and harassment process.
More recently, in June 2024, the minister announced that in response to recommendations 1 and 2, the CAF had issued interim policy guidance to abolish the definition of sexual misconduct for its policies and to include sexual assault as the stand-alone definition, referring to the Criminal Code as the applicable law.
In response to these recommendations, the term “sexual misconduct” has been replaced with three new terms: “conduct deficiencies of a sexual nature”, “harassment of a sexual nature” and “crimes of a sexual nature”. Sexual assault is also included as a distinct definition in relevant policies. These changes will provide better coherence and clarity, reduce confusion and better capture the range of inappropriate conduct.
The minister also announced the repeal of the duty to report regulations in response to recommendation 11. Madame Arbour found that these regulations, while well intended, took away the agency and control of survivors in the reporting process, potentially leading to the revictimization of those they were meant to protect.
The repeal of the duty to report came into effect on June 30, 2024. As we see with Bill C-66, the department is seeking to remove the CAF's investigative and prosecutorial jurisdiction over the Criminal Code sexual offences committed in Canada, which would address a part of recommendation 5 of the IECR. Since December 2021, all new Criminal Code sexual offence charges are now being laid at the civilian justice system and no new sexual offence charges are being adjudicated in the military justice system. Bill C-66 would also address recommendations from the third independent review of the National Defence Act.
In November 2020, the hon. Justice Fish was appointed to conduct an independent review of specified provisions of the National Defence Act and their operation. In June 2021, the minister tabled the report before Parliament. Justice Fish provided the minister with 107 wide-ranging recommendations that support the ongoing modernization of the military justice system, military policing, military police oversight and the grievance process. This is the most comprehensive independent review and far-reaching examination of the military justice system since the reviews led by former chief justice of Canada Brian Dickson in the late 1990s.
Bill C-66 would address eight recommendations from the review. The amendments would seek to, among other things, modify the process for the appointment of the Canadian Forces provost marshal, the director of military prosecutions and the director of defence counsel services. They would also expand the class of persons who are eligible to be appointed as a military judge to include non-commissioned members, and change the title of the Canadian Forces provost marshal to the provost marshal general, to align with the titles of other senior designations in the CAF. The amendments would seek to strengthen trust in the military justice authorities operating independently from the chain of command and to bolster the trust and confidence of Canadians in the military justice system.
DND and CAF are also building on previous external and internal reports and recommendations focused on racism and discrimination. The minister's advisory panel on systemic racism and discrimination was created to identify ways of eliminating racism, prejudice, discrimination and gender bias within the military. Through the report, DND and the CAF have established the director of anti-racism implementation, formerly the anti-racism secretariat, under chief professional conduct and culture to inform and focus our institutional efforts to address racism and discrimination. We are also collaborating with other government departments in the development of Canada's anti-racism strategy and expanding the availability of anti-racism resources.
There are many intersections between this report and the national apology advisory committee report, which included eight recommendations for the Government of Canada. These included an apology for the treatment of the No. 2 Construction Battalion, the largest all-Black military unit in Canada's history. The government made this historic apology in July 2022.
The Department of National Defence and the Canadian Armed Forces maintain an unwavering commitment to implementing the recommendations of former Supreme Court justices Arbour and Fish, as well as the recommendations from the minister's advisory panel on systemic racism and discrimination and the national apology advisory committee. The legislative changes proposed in Bill C-66 would play a critical role in helping us implement some of the recommendations from former justices Arbour and Fish and help rebuild trust in the military justice system.
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- Sep/19/24 4:55:24 p.m.
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Madam Speaker, I see that this bill proposes transferring matters involving military tribunals to common law court judges. I agree in principle. I think it is an excellent idea, and it will solve a lot of problems.
However, it will also add to the workload of the common law courts. Take the Superior Court, for example, which is already overwhelmed. Then there are the vacancies that I have repeatedly asked the Minister of Justice to fill through appointments, and more positions need to be created. There is a need for judges, just across the bridge from here in Gatineau. Just last week, people were telling me how badly new positions need to be created, to bring in new judges. Meanwhile, they are increasing the workload of the judiciary.
I was wondering if my colleague could give us some good news on this issue. Is his colleague, the Minister of Justice, able to confirm that positions will be created soon, that candidates will be appointed to the judiciary in the days or weeks to come, so that we can undertake this new, but important task?
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