Mr. Speaker, I am pleased to rise in the House today to debate a bill that is very important for the military community and for Canadians, that is, Bill C‑11, the military justice system modernization act.
This bill will have a significant impact on members of the Canadian Armed Forces as well as veterans. Indeed, Bill C‑11 address the concerns that victims and survivors within Canada's military community have shared with us over the past few years. It includes a series of targeted amendments that aim to modernize the military justice system and strengthen support for victims and survivors.
The bill responds to recommendation 5 of the report from former Supreme Court justice Louise Arbour and the eight recommendations of the report from former Supreme Court justice Morris Fish. More specifically, the bill proposes to make six amendments. I will give a brief overview of all these amendments.
First, it will enshrine in law the fact that the Canadian Armed Forces no longer has jurisdiction over Criminal Code sexual offences committed in Canada. Second, it will enshrine in law that civilian authorities have exclusive jurisdiction to investigate and prosecute Criminal Code sexual offences committed in Canada. Third, it establishes a victim's liaison officer, who will be available to victims throughout the transfer of cases, regardless of jurisdiction. Fourth, the bill seeks to strengthen the role of key positions in the justice system to make them more independent. Fifth, it seeks to address the historical discrimination faced by under-represented groups in how cases have been processed and transferred. Finally, the bill ensures that the military justice system remains aligned with the Criminal Code and the civilian justice system.
Our government takes the well-being of Canadian Armed Forces members very seriously. That is why we have worked hard in recent years to implement all 48 recommendations from former Justice Louise Arbour's report. More than 30 of those recommendations have already been implemented. By the end of the year, with the passage of this bill, I hope we will be able to say that not just 47 recommendations, but all 48 recommendations made by former Justice Arbour have been implemented.
I would like to provide an overview of Justice Arbour's recommendations. Three years ago now, Justice Arbour submitted her final report on sexual misconduct in the Canadian Armed Forces to the Minister of National Defence. This report, entitled “Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces”, contains 48 recommendations that focused on reforming the “institutional shortcomings and structural impediments” that allowed the problem to persist.
In recommendation 48 of her report, Justice Arbour called for the Minister of National Defence to appoint an external monitor to oversee the implementation of the recommendations in the report and other external recommendations that she accepts. The external monitor, Jocelyne Therrien, shared her fifth report in July. Ms. Therrien emphasized that we are making progress and are on track to meet the intent of the 48 recommendations by the end of 2025.
Indeed, in our efforts to follow up on recommendations 1 and 2, we have made significant progress in clarifying definitions and terminology.
In June of last year, the defence team announced that policies using the term “sexual misconduct” would be updated to replace it with “harassment of a sexual nature”, “conduct deficiencies of a sexual nature” and “crimes of a sexual nature”. In addition, “sexual assault” will be separately defined in the relevant policies.
In March of this year, CAF adopted the Canada Labour Code definitions of harassment and violence, aligning its harassment and violence prevention program with the public service workplace harassment and violence prevention program. This resulted in a unified workplace harassment and violence prevention policy that applies to both National Defence public service employees and members of the Canadian Armed Forces.
This change also addressed recommendation 3 of Justice Louise Arbour's report. Members of the Canadian Armed Forces who experience or witness harassment or violence in the workplace now have a simplified incident reporting system, informal resolution mechanisms and a simplified investigation process.
We have also made progress in providing a range of relevant services and supports to victims. In response to recommendation 14 of Justice Arbour's report, the sexual misconduct support and resource centre has expanded its services to include a full-time legal resource responsible for providing information and assistance to victims of sexual misconduct in a military context. The next step will involve providing access to civilian lawyers able to contribute their assistance in different parts of the country at no cost to victims.
Bill C‑11 takes another step forward by improving support for victims and assigning exclusive jurisdiction to civilian authorities for investigating and prosecuting Criminal Code sexual offences committed in Canada. Our government remains steadfast in its ongoing commitment to addressing all forms of misconduct and unprofessional behaviour within the Canadian Armed Forces. It is imperative to ensure that victims and survivors receive the support and justice they deserve.
In conclusion, Canadian Armed Forces members are always there to ensure Canada's security and it is our duty to protect them from harassment and misconduct. The 48 recommendations made by former Supreme Court justice Louise Arbour clearly showed us the path to follow to change the culture of our institution, and the external auditor, Jocelyne Therrien, is ensuring that we respect this commitment, this new path.
In closing, I want to thank the members of the Canadian Armed Forces and the veterans for their service to Canada. I hope that all my colleagues in the House will support this bill so that we can ensure justice for victims of harassment and sexual misconduct.
