National Defence

The committee met to study Bill C-11, an act to amend the National Defence Act and other acts, focusing on modernizing the military justice system. Appearing were Minister of National Defence David McGuinty, General Jennie Carignan (Chief of the Defence Staff), Stefanie Beck (Deputy Minister), Lieutenant-General Paul Prévost (Chief, Professional Conduct and Culture), Major-General Rob Holman (Judge Advocate General), and Martin Gravel (Chief Operating Officer, Sexual Misconduct Support and Resource Centre).

Minister McGuinty stated that Bill C-11 would remove Canadian Armed Forces jurisdiction over Criminal Code sexual offences in Canada, transferring them exclusively to civilian courts, and would implement eight recommendations from Justice Fish’s review, including modifying appointment processes for key military justice positions to enhance transparency and reduce perceived chain-of-command influence. He emphasized that the bill builds on prior reforms and is a crucial step toward building trust and a 21st-century workplace, and he expressed openness to committee amendments.

General Carignan testified that the bill provides clarity of jurisdiction for victims, ensuring an independent and transparent path to justice through the civilian system, and that the Canadian Armed Forces will measure the impact of these changes to confirm they meet their intended goals. She noted that police forces already coordinate regularly, so the transition will build on existing practices, and that victims retain agency over how they report incidents.

Deputy Minister Beck confirmed that the Sexual Misconduct Support and Resource Centre’s 24-7 support line and response coordination program will continue to serve victims, veterans, and families regardless of whether cases proceed in the civilian system, and that these services are independent from the chain of command.

Lieutenant-General Prévost stated that all 48 of Justice Arbour’s recommendations are targeted for implementation by the end of the year, with recommendation five—the focus of Bill C-11—being the priority. He explained that the bill expands access to victim liaison officers by allowing third parties appointed by victims to work with them, and that his team oversees a data centre that tracks progress through surveys and incident reports.

Major-General Holman detailed that the bill includes a 120-day transition period for case transfers and that military police retain authority under clause 8 to secure evidence and make arrests to prevent harm before civilian police take over. He noted that the minister will gain the power to give case-specific instructions to the director of military prosecutions, analogous to the Attorney General’s role with the Public Prosecution Service of Canada, with any such instructions presumptively public.

Martin Gravel stated that the Sexual Misconduct Support and Resource Centre will continue providing the same supports and resources regardless of whether cases are handled in the military or civilian justice system, and that its independent legal assistance program has already served 34 clients since May, some with cases in the civilian system.

During the meeting, members raised concerns about communication between military and civilian authorities, potential delays in the civilian system, and the need for training and resources. Witnesses acknowledged these issues, with General Carignan and Major-General Holman noting that police forces already coordinate and that the bill does not compel civilian police to share information with the military, though commanding officers can take administrative measures to maintain order. No procedural motions or votes occurred during this session.