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House Hansard - 339

44th Parl. 1st Sess.
September 19, 2024 10:00AM
Context: House Hansard - 339 - Sep/19/24
Ms. Lisa Hepfner (Parliamentary Secretary to the Minister for Women and Gender Equality and Youth, Lib.)
  • Sep/19/24 5:03:11 p.m.
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  • Re: Bill C-66 
Madam Speaker, I am thankful for the opportunity to explain why I heartily support Bill C-66, the military justice system modernization act. The legislation now before us aims to advance culture change within the Canadian Armed Forces, the CAF, and the Department of National Defence, or DND. In particular, the legislation aims to foster a culture free from sexual misconduct, sexual abuse and misogyny, all of which are forms of gender-based violence. Bill C-66 envisions a safe work environment for all CAF and DND employees, with supports for victims and survivors of sexual misconduct, including ready access to mechanisms of justice that are currently available to all other Canadians. The vision of Bill C-66 is aligned with “It's Time: Canada's Strategy to Prevent and Address Gender-Based Violence” and the “National Action Plan to End Gender-Based Violence”, which guide the Government of Canada in preventing and addressing gender-based violence. Through my work as parliamentary secretary to the Minister for Women and Gender Equality and Youth, I have travelled the country and heard from survivors about the work that still needs to be done to ensure women veterans are heard and are represented and visible in this strategy. The whole of government must address the issue of gender-based violence, not only through the national action plan to end gender-based violence but through all departments. This is why Bill C-66 is so important. All federal departments must be part of the strategy. In recent years, Canadians have come to understand the gravity of sexual misconduct and the effect it has on victims, survivors and their families, and on our wider society. The #MeToo movement inspired thousands of victims and survivors to tell their stories, often for the first time, and we started to see some real change. Women were not allowed to serve in combat roles in the Canadian military until a Human Rights Tribunal decision in 1989. That was the year Heather R. Erxleben became the first woman to join an infantry unit. I have learned that at the time there was little thought or effort to accommodate the needs of women who joined the armed forces, like properly fitted uniforms and safety equipment, and an appropriate military culture. Recently, as part of my role on the Standing Committee for Veterans Affairs, I participated in a study that led to the report “Invisible No More. The Experiences of Canadian Women Veterans”. I am going to share some of the things we heard at that committee, but I want to start with a warning, because these are stories of sexual violence. They are difficult to hear, and I imagine some of the people watching will want a moment to turn away. They might be triggered by what I am about to share. One witness told us: I was drugged, kidnapped and gang-raped while attending mandatory training. The last thing I remember is dozing off in class after our lunch break in the cafeteria, and waking in complete fear in an unknown location, with motel staff waking me. I was completely naked, with no identification, covered in blood and bruises, and I couldn't walk. While the military government covered up a crime, the criminals climbed the ranks. Another witness said: I have seen it over and over again. I have seen, on basic training, warrant officers sleeping with cadets and using it as a tool to get sex—convincing a cadet that, if they do this, they'll pass basic training.... Sexual abuse was used as a way of almost controlling...women. I spent a year, at one time, in my career as a commander hiding from senior officers. I mean that literally. Another veteran said: How do I tell you what it's like to be in the middle of the ocean, with no land in sight for days, or in the Gulf of Oman, or off the coast of Panama, or even 12 nautical miles off the coast of Vancouver Island, and be told that if there was an “accident”, no one would hear my screams, or sailing with people who would grab my body, manipulate me, brainwash me and use me as a sex toy? The final quote I will share is this: From the beginning and throughout my career of 26 years, I was subjected to misconduct by men. In the beginning, it was to make me give up, but later on it was to appropriate my body—from verbal harassment to touching to forced kissing by superiors. It was also the invasion of my private life as a way to force me to accept the unacceptable. However, I consider myself lucky: I am not one of those who was raped. Canadians are now more aware than ever that acts of sexual misconduct have occurred far too often and been tolerated far too readily, and that the impacts are deep, powerful and persistent. Bill C-66 is a step toward ensuring the goal that all CAF members are respected and safe while they serve. Canadians have also heard about policies and practices, formal and informal, that help create a culture of secrecy and tolerance and make perpetrators feel like they can get away with their actions without any consequences. By eliminating some of these policies and practices, Bill C-66 would put an end to this sense of impunity and help CAF and DND establish and maintain more trauma-informed, progressive, respectful and positive organizational cultures. The effective elements of Bill C-66 are rooted in studies led by two of Canada's former Supreme Court justices. The Hon. Morris Fish completed the third independent review of the National Defence Act three years ago, and the Hon. Louise Arbour published the independent external comprehensive review of DND and CAF two years ago. Both of these landmark documents come with recommendations for improving organizational culture, particularly when it comes to sexual misconduct. One of the most effective recommendations can only be adopted through legislative change, and it is recommendation 5 from the hon. Louise Arbour. It calls for a complete overhaul of the way that sexual offences listed in the Criminal Code and involving CAF personnel are investigated and prosecuted. For sexual offences committed in Canada, Bill C-66 would assign exclusive jurisdiction to civilian authorities. This change would put a much-needed distance between the chain of command and the team of investigators and prosecutors. For victims and survivors, the current lack of distance makes it very difficult for them to pursue and achieve justice. Bill C-66 would also implement several recommendations made by former Supreme Court justice Fish, making it easier to hold offenders to account. Furthermore, Bill C-66 proposes a series of amendments to other legislation to ensure that the military justice system remains constitutional and aligns with the Criminal Code and the civilian criminal justice system. Bill C-66 is just one important element of the government's larger strategy to advance culture change within the CAF and DND. A few months ago, the third report of the external monitor documented recent progress made toward implementing Justice Arbour's 48 recommendations, including the following: transforming the complaint system, including grievances; making improvements to enrolment and recruitment processes; creating the Canadian military college review board; doing a comprehensive review of basic training in the CAF and creating a framework to enhance education related to conduct and culture; making a 10-year plan to identify promising candidates among women and other equity-deserving groups; and creating a stronger promotion process for senior leaders to better assess character, talent and competence. Each of these accomplishments is important. The external monitor's report notes that the CAF's commitment to change seems genuine. As my hon. colleagues recognize, systemic change often lags behind social change, and this description certainly seems apt when it comes to sexual misconduct within CAF and DND. The justice report suggests that, for a long time, DND and CAF have failed to properly investigate allegations, prosecute legitimate offences or hold perpetrators accountable. Abhorrent behaviour has been tolerated for far too long, and the confidence and trust that Canadians once had in the CAF and DND has diminished as a result. Canadians are no longer willing to look the other way. They expect organizations to prevent and address sexual misconduct and misogyny and for elected representatives to do their part. The legislation before us would help foster culture change and ensure a more trauma-informed and safer work environment for our CAF and DND members. It would ensure accountability and support victims and survivors by providing them with the mechanisms they need to pursue justice and hold offenders to account. I encourage all of my hon. colleagues to join me and support Bill C-66.
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