44th Parl. 1st Sess.
September 19, 2024 10:00AM
- Sep/19/24 1:42:02 p.m.
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Madam Speaker, we can never do enough to hear, and it is true that we also have to listen. A lot of the people I heard from were referring to the fact that, specifically about this legislation, they were not consulted. It may have been in other formats, done by other people, but not by this government and not for this legislation.
I hope we can continue to work together to ensure they are brought to committee, but also to bring forward the recommendations we heard in the veterans committee study about women's health to be included in the work of the national defence committee.
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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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- 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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- Sep/19/24 5:01:19 p.m.
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Madam Speaker, I thank the member for his intervention in the House. I also sit with him on the veterans affairs committee, and he was part of the significant study we did on women veterans. What was horrible about that study was watching woman after woman come in and talk about things that had happened to them and, by the way, whether they were also a victim and now a survivor of sexual interference.
One thing that is very clear to me in any marginalized group is that there is nothing about us without us. That is a common thing we hear all the time. I want the bill passed very quickly because I want to protect these women. I want to have their voices heard. However, of course, my concern is that, if they are not a key part of the consultation process, then that would not be reflected.
Could this member talk about whether this is going to happen and whether the minister will be held to account to make sure it does?
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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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- Sep/19/24 5:14:06 p.m.
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Madam Speaker, I very much appreciate my colleague from the Bloc Québécois, who works with me at the Standing Committee on Veterans Affairs.
Yes, I think that it is very important for victims to have choices. I also find this situation to be surprising. I am not sure, I am not a legal expert, but I think that we should have a system for everyone and that everyone should use it.
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