NDDN meeting 12 · 2025-11-06 — Committee Evidence — LegisWatch

Summary

The House of Commons Standing Committee on National Defence met to study Bill C-11, an act to amend the National Defence Act and other acts, focusing on transferring jurisdiction over sexual offences from the military justice system to civilian courts. The witnesses were Colonel (Retired) Michel Drapeau, Lieutenant-Colonel (Retired) Rory Fowler, Professor Megan MacKenzie, and Charlotte Duval-Lantoine.

Colonel (Retired) Michel Drapeau expressed strong support for Bill C-11, calling it a long-overdue reform that will restore trust among service members and the public, particularly for women in the Canadian Armed Forces. He highlighted a significant regulatory gap regarding sexual offences committed by Canadian Forces personnel outside Canada, where jurisdiction remains unclear, and recommended creating an inspector general position reporting to Parliament and adding legislative direction for such cases.

Lieutenant-Colonel (Retired) Rory Fowler argued that Bill C-11 fails to address the core problem of accountability in military leadership and will instead create new issues, such as depriving victims of choice and respondents of access to free legal counsel. He disagreed with other witnesses, contending that removing jurisdiction over sexual offences in Canada is counterintuitive and will lead to the use of ill-suited administrative measures, while noting that concurrent jurisdiction already existed for victims to choose the civilian system.

Professor Megan MacKenzie supported Bill C-11 as a crucial step, emphasizing that moving sexual violence cases outside the military justice system addresses long-standing recommendations from multiple independent reviews. She stressed that the bill is only one piece of a larger puzzle, calling for better data collection, attention to systemic racism and sexism, and a survivor-centred approach, and noted that the civilian system, while imperfect, offers greater independence than the internal military system.

Charlotte Duval-Lantoine argued that Bill C-11 will not prevent sexual misconduct but is worth passing because it gives victims an independent path to justice on Canadian soil, moving away from a system they distrust. She recommended amending the bill to include a 90-day appointment period for all Governor in Council positions related to military justice, not just those specified, and emphasized the need for timely appointments to avoid undermining the system.

The committee discussed various issues, including the role of the military police, the need for an inspector general, and the importance of transparency and data collection. Members agreed to accept written amendment suggestions from the witnesses.

AI-generated summary — may contain errors; verify against the official evidence.

Witnesses · 4

Colonel (Retired) Michel Drapeau

Professor, Faculty of Law, University of Ottawa, As an Individual

Opening remarks

Mr. Chair and committee members, let me open by thanking the members of the committee for giving me the honour of appearing once again before you on a matter that has been of continuing interest to me as someone who served in the armed forces for 34 years before becoming a lawyer, an author and a law professor specializing in Canadian military law. As many of you probably know, I have long advocated for the very changes proposed by this legislation. I am, therefore, pleased to note my high level of satisfaction with the contents of Bill C-11 in transferring the jurisdiction over sexual offences in Canada to civilian courts, which mirrors the text of Bill C-66, which was tabled in a previous Parliament. To that end, permit me to congratulate the Minister of National Defence, the Hon. David McGuinty, as well as his predecessor, for tabling this much-awaited legislative reform. Overall, therefore, I accept and support the provisions of Bill C-11 in their entirety. Also, in preparation for my testimony here this morning, I have listened to the testimonies provided during meeting number 10, which took place on October 27, by the Minister of National Defence, the deputy minister, the…

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Lieutenant-Colonel (Retired) Rory Fowler

Lawyer, As an Individual

Opening remarks

Thank you, Mr. Chair, and I'll echo my colleague's thanks for the invitation to appear before you today. Bill C‑11 is presented as a solution to military justice problems relating to sexual misconduct in the Canadian Forces. I contend that not only will it fail to solve the actual issues that the Canadian Forces face, but it will generate additional problems. The principle challenge faced by the Canadian Forces, not just in terms of sexual misconduct but in terms of military justice broadly, is impunity arising from deficiencies in enforcing accountability. Removing jurisdiction over select criminal offences in select circumstances will not aid in improving accountability. Instead, it will provide a convenient excuse for inaction or, alternatively, overreaction. It will lead to further impunity. It will undermine fairness and access to justice for all members of the Canadian Forces. We have been down this road before. Prior to the enactment of Bill C‑25 in 1998, the code of service discipline did not have jurisdiction over sexual assault when it was alleged to have occurred outside Canada. There was outrage about the Canadian Forces' seemingly inability or lack of motivation to…

Professor Megan MacKenzie

Professor and Simons Chair in International Law and Human Security, Simon Fraser University, As an Individual

Opening remarks

I am. Good morning. Thank you, Chair and members of the committee, for the opportunity to appear today. I have been studying military sexual violence, which is the all-encompassing term I prefer to use in my work, for nearly two decades. Like Mr. Drapeau, I've seen, through this work, the importance of moving cases of sexual violence outside of the internal justice system, not only for the Canadian Armed Forces but for other armed forces. I'll remind you that the military was given its own justice system because it's set to hold itself to a higher standard than the civilian context. Given that we have now had decades of high levels of sexual crimes and low levels of accountability, I think it's clear that this rationale for an internal system is no longer valid. I congratulate and support Bill C-11. I am encouraged to see the proposals and the ongoing efforts to address sexual violence. The measures outlined in this bill reflect long-standing recommendations that come from decades of advocacy and research. Moving cases of sexual violence to the civilian justice system has been called for repeatedly. It was a key recommendation of the Deschamps report in 2015, the Fish report…

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National Defence

Summary

Witnesses · 4

Bills mentioned