moved that Bill , be read the second time and referred to a committee.
He said: Mr. Speaker, as indicated, I have the privilege today to begin debate on the second reading of Bill , the military justice system modernization act.
If I may, I would like to begin by first acknowledging and thanking the thousands of witnesses, advocates and survivors who have generously and courageously offered their advice and their experience on the important matters that are before us in the bill.
I would also like to commend the important work and advice of Madam Justice Arbour and Justice Fish for the advice they have provided, which has so well informed this work.
I also would like to take the opportunity to thank the dedicated members of the Canadian Armed Forces, the Department of National Defence, the Department of Justice and my ministry for their tireless work on this important bill.
Every single day in Canada and around the world, the Department of National Defence's public service employees and Canadian Armed Forces members come to work in service of their country and their fellow citizens. As the international rules that keep us all safe have come under increased threat, their task is crucial, and their ability to respond to global challenges is becoming even more important.
To effectively do their jobs, DND's public service employees and CAF members must feel protected, respected and empowered to serve. In other words, changing the culture of DND and CAF is not just simply the right thing to do; it is also essential to the readiness and operational effectiveness of our institution.
From the very first day I was appointed as Canada's , I have tried to make it very clear that my most important responsibility is to ensure that the Canadian Armed Forces' members go to work in an environment that fosters and enables their excellence. They must be provided with a work environment where they feel safe and supported while they do the critical work of protecting our nation and its people. That includes that no one at National Defence and the Canadian Armed Forces is subjected to harassment, misconduct or discrimination.
It also includes ensuring that all of our members have access to justice. Our people, after all, must be always at the heart of everything we do. They protect Canadians here at home, defend our sovereignty and respond to natural disasters to keep Canadians safe. They stand on the eastern flank of NATO. They train Ukrainians with the skills they need to fight and win. They work with our partners to ensure a free and open Indo-Pacific.
It is our responsibility to protect our people in uniform and civilians, and support them. To do so, we need to modernize our military justice system in order to rebuild trust in it. That is precisely what Bill aims to do. It proposes a suite of amendments to the National Defence Act to bolster confidence in the military justice system for all of our people.
Let me share some of the key changes the bill proposes. After months of work, hundreds of interviews and the review of thousands of documents, former Supreme Court Justice Louise Arbour provided the government with 48 recommendations to build a more inclusive military where all members are protected, respected and empowered to serve. We must and we will implement all of these recommendations.
In December 2022, my predecessor, now the , directed National Defence to move forward on all 48 of Justice Arbour's recommendations and issued a detailed plan on how we will take action in response to each of them. Since then, we have made some very important and tangible progress. To date, approximately 20 of these recommendations have been implemented, and we are currently on track to address all 48 recommendations by the end of next year.
Recommendation 5 is the only recommendation from Justice Arbour that requires that it be implemented through legislation, so the legislation before us proposes to address recommendation 5 by removing the jurisdiction of the Canadian Armed Forces over Criminal Code sexual offences committed in Canada.
The legislation would give exclusive jurisdiction over these offences to the civilian justice system. Justice Arbour made this recommendation for a very clear reason. She stated that concurrent jurisdiction, jurisdiction that is both in the military and civilian justice system over such offences, “has had the opposite effect to that intended; it has not increased discipline, efficiency or morale, and it has not generated the confidence it would need....Rather, it has contributed to an erosion of public and CAF member confidence.” Madam Arbour went on to highlight the urgency of ending concurrent jurisdiction, to give clarity and certainty to all actors in the justice system and to ensure fairness and justice to survivors.
Under the proposed legislation, the Canadian Armed Forces would no longer have jurisdiction to investigate and prosecute any Criminal Code sexual offences committed in Canada. Instead, that jurisdiction would rest exclusively with civilian authorities.
Bill also addresses eight of the recommendations from former Supreme Court justice Fish through an independent review. It proposes to modify the important process for key military justice authorities to remove any real or perceived influence from the chain of command. It also proposes to expand the eligibility criteria for military judges to include non-commissioned members so that we can help diversify the pool of potential candidates, and it proposes to expand the class of persons who can make an interference complaint to the Military Police Complaints Commission.
In addition to addressing the recommendations from Justice Arbour and Justice Fish, Bill would also take additional steps to ensure the confidence and integrity of our military justice system. It proposes to exclude military judges from the summary hearing system, and it proposes to provide additional supports for survivors by expanding access to victims' liaison officers to individuals acting on behalf of the victim under the Declaration of Victims' Rights.
These proposed amendments are comprehensive, as they are required to be, and they incorporate the feedback and the needs of those who have been directly affected by sexual misconduct. The chief professional conduct and culture has conducted engagements with over 16,000 national defence personnel and Canadian Armed Forces members, as well as external stakeholders, in order to listen and to learn from their experience.
We have also consulted with current and former DND and CAF personnel, including those affected by conduct deficiencies of a sexual nature, harassment of a sexual nature, crimes of a sexual nature; victim advocacy groups; and military justice actors. In these consultations, we have heard overwhelmingly about the need for concrete and durable military justice reform in order to maintain trust in the system, and we have heard clear support for removing CAF jurisdiction of Criminal Code sexual offences committed in Canada.
We have heard the voices of our people loudly and clearly. We have listened and we have acted. We now know as well that there is much more work to do, but we are making concrete and measurable progress. Bill , we believe, is an important step in a journey designed to achieve durable and lasting institutional reform. I hope that every member of the House will support this crucial legislation.
Let me also address some of the other work that we are doing to better support our people and to give them procedural fairness and access to justice that they deserve.
Since December 2021, 100 per cent of all new Criminal Code sexual offence charges have been laid in our civilian justice system. No new Criminal Code sexual offences are being adjudicated within the military justice system. In June 2022, Bill came into force, which established the Declaration of Victims' Rights. That includes the creation of victims' liaison officers to better assist victims in understanding and accessing their rights.
We developed a military-wide online brief on victims rights and the summary hearing process in order to promote awareness of changes in the military justice system so that victims, witnesses and military justice actors know exactly what to do when an incident of misconduct occurs. In budget 2022, we allocated over $100 million over six years to support the modernization of the military justice system, as well as other cultural change efforts.
We are also making progress in implementing the recommendations that have been made by Justice Arbour and Justice Fish. Members of the Canadian Armed Forces can now take their complaints for sexual harassment or discrimination on the basis of sex directly to the Canadian Human Rights Commission. This is precisely in line with recommendations 7 and 9 made by Justice Arbour.
We have addressed recommendation 11 from Justice Arbour by repealing the duty-to-report regulations. We have addressed recommendation 14 by agreeing to reimburse eligible legal costs for those who have been affected by sexual misconduct. We are also implementing recommendation 20 from Justice Arbour's report.
We announced in “Our North, Strong and Free” that we are going to establish a probationary period to enable faster enrolment of applicants, and where necessary, timely removal of those who do not adhere to our requirements of conduct. We have also strengthened the promotion process for senior leaders to better assess character, talent and competence.
In response to recommendation 29, I have also appointed the Canadian Military Colleges Review Board. This board is focused on reviewing the current quality of education, socialization and military training that takes place at our colleges, and I have been sufficiently clear that their cultures need to change significantly. We have launched an online database to make our conduct and culture research and policies more open and accessible, which is also in line with recommendation 45 from Justice Arbour.
As we deliver these meaningful reforms, we are committed to the highest standards of openness and accountability. That is precisely why we appointed Madam Jocelyne Therrien in the role of external monitor. Her role is critically important. She is overseeing the implementation of all of Justice Arbour's recommendations and providing Canadians with public progress reports on a regular basis.
In fact, Madam Therrien released her third biennial report earlier this year in May. It notes our progress on bringing about the change that will re-establish trust in the Canadian Armed Forces as a professional, inclusive workplace. In addition, she identified that there is a lot more work to do and that we have to move faster. I want to express my gratitude for Madam Therrien's work and her honest assessment as we continue building a respectful and inclusive institution.
In order to help drive these efforts, we have also developed the comprehensive implementation plan to prioritize and sequence our work right across the National Defence and Canadian Armed Forces portfolio to address the recommendations from Justice Arbour and Justice Fish, as well as the minister's advisory panel, the anti-racism report and the national apology advisory committee board, which was developed to provide recommendations for Canada's historic apology to the descendants of the No. 2 Construction Battalion.
We will continue working on all fronts, because it is critical to the well-being of our people and for the CAF's operational effectiveness.
As I said at the very outset of my remarks, we are committed to building a workplace culture where every member of National Defence and the Canadian Armed Forces feels protected, supported, respected and empowered to serve. Our commitment to building a better military culture is highlighted by our updated defence policy, “Our North, Strong and Free”. It is evident in our Canadian Armed Forces ethos, “Trusted to Serve”.
In these documents, we have made it very clear that conduct deficiencies, harassment, discrimination and violence in any form must not be allowed to develop or remain within our institution because they cause deep harm to our people. They fundamentally undermine our mandate, our mission and our effectiveness, and they erode the trust that Canadians place in us.
Therefore we are working hard to build a more modern and inclusive military culture in which Canadians from all walks of life can serve their country. That work is being led by the chief professional conduct and culture, the CPCC. This office was created in 2021. The CPCC serves as the single authority for professional conduct and culture at National Defence. The position was initially led by General Jennie Carignan. Of course now it is being led by Lieutenant-General Prévost, as General Carignan is our new chief of defence.
It has consulted with 16,000 DND personnel, Canadian Forces members and external stakeholders, and those consultations have deeply informed our work. It has enabled us to better understand the lived experiences of our people. It has enabled us to proceed on our culture of change work from a place of knowledge, understanding, support and compassion. Culture change requires a systemic, sustained and continuing effort. It is not just the right thing to do; it is also the smart thing to do. It is essential to our operational effectiveness.
We will continue to listen and learn from people across National Defence and the Canadian Armed Forces. We will continue to work with external stakeholders and partners as we work toward building a safer and more inclusive work environment. I believe we are making real and tangible progress, but there is always much more work to do.
At the same time, as we modernize our military justice system and change our culture, we also need to ensure that the survivors of sexual assault and misconduct always get the support, care, respect, compassion and resources they need. Much of that work comes from the Sexual Misconduct Support and Resource Centre. This is a centre that is independent of the chain of command.
It provides expert advice, guidance and recommendations to the military and National Defence on all matters relating to sexual misconduct. That includes a 24-7 support line where members can receive confidential support and information on options, and guidance on supporting others, as well as referrals to care and service operations. It also runs the response and support coordination program to provide individuals who have experience sexual misconduct in the DND and CAF environments with a dedicated civilian counsellor who can help them access health services, prepare for police interviews and very much more.
The Sexual Misconduct Support and Resource Centre also runs a grant program to fund community-based programs to broaden the range of support services that will be available to the wider defence community. It offers peer support programs and partnerships with Veterans Affairs Canada.
We have more work to do to support those affected by misconduct. That is why last year we launched the independent legal assistance program, which will provide reimbursement of legal expenses incurred on or after April 1, 2019 as a result of sexual misconduct in the DND and CAF environments. That is in line with Justice Arbour's recommendation 14, and we have responded. The program is also working toward facilitating direct access to legal information, legal advice and legal representation.
The work that I have outlined today is comprehensive in scope, but we need to do more and we will do more. A very important step in doing more is passing this legislation. Doing more is going to give exclusive jurisdiction over Criminal Code sexual offences in Canada to the civilian justice system, exactly as Madam Arbour has recommended.
We need to give clarity and certainty to victims and survivors, and we need to build a more modern military justice system that can maintain the confidence of the people it serves. By getting this done, I believe we will improve the operational effectiveness of our armed forces. Getting this done will help us attract and retain even more talented Canadians from right across the country. It will show them that as members of our military, they have access to a fair and modern justice system and reliable resources if they ever suffer harm.
Above all else, this is the right thing to do for our people, for our military and for our country. I believe it will help us rebuild the trust that may have been lost. It will keep our people safer and better supported, and it will help to ensure that the Canadian Armed Forces has the culture, the people, the institutions and all of the support and resources it needs to keep this country safe now and in the decades to come.
:
Mr. Speaker, it is always an honour to stand in this House and speak for the brave women and men who serve in the Canadian Armed Forces. Conservatives are proud of our soldiers, sailors and aircrew, and we want to support all those in uniform who serve Canada.
Conservatives believe that sexual misconduct, discrimination, racism and other forms of harassment must be stomped out of the Canadian Armed Forces because all military members deserve a safe and respectful workplace. It is hard enough to do the dangerous work that we call upon them to do. We know they face incredible danger in addressing the conflicts around the world and the domestic responses to natural disasters right here in Canada.
The previous Conservative government, and we are talking nine years ago, accepted all recommendations from the Deschamps report to eliminate all sexual harassment from the Canadian Armed Forces. That report, as I already asked the minister about, sat on the desk of the former chief of the defence staff, Jonathan Vance, and on the desk of the former minister of national defence, who is now the and the seatmate of the current . It sat on their desks and collected dust. Here we are, nine years later, and they are finally moving forward with legislative changes to the military justice system.
I would say that we cannot trust the Liberals to actually implement the policies needed to stop sexual assault and sexual misconduct within the Canadian Armed Forces when we look at the soft-on-crime policies they instituted in our Criminal Code and our criminal justice system in the civil courts from coast to coast to coast. After nine long years and two more reports from two more former superior court justices, the victims of sexual misconduct within the military still have no answers and they are not having their cases dealt with properly.
As I said earlier, Conservatives support Bill . We want to get it to committee. We know it needs vigorous study. We know we need to hear from witnesses, both experts and academics, who are familiar with the National Defence Act and the military justice system, but we also have to hear from victims. We have to hear from those who serve in the Canadian Armed Forces and other stakeholders, including the legal community, provincial governments and municipal courts, that are going to be forced to handle the investigations, the collection of evidence and the prosecution within our court systems that are already overrun because of the soft-on-crime policies the Liberal government has brought forward.
We have these outstanding issues on whether there is capacity within the civilian court system to handle what is coming from the Canadian Armed Forces. The biggest problem is that they are overrun because of the soft-on-crime approach that is allowing people to get out on bail. Repeat offenders just keep going out and reoffending. That is why Conservatives always say, “Jail, not bail”. By doing that, not only are we taking dangerous and repeat offenders off our streets and making our communities safer, but we are going to be able to free up more resources within the court system to deal with things like sexual misconduct within the Canadian Armed Forces.
Conservatives are wondering about some of the logic within Bill . It is proposing to take the investigation and prosecution of sexual misconduct within the Canadian Armed Forces outside of the military itself for any offences that occur within Canada. They would be moved into the civilian system, whether it is municipal or provincial police departments, or even the federal police department, the RCMP, in some jurisdictions. We would see the skills and ability of our military police and criminal prosecutors within the Office of the Judge Advocate General atrophy and deteriorate.
Within Bill , whenever our troops are deployed out of Canada, we are still going to be in a situation where they are going to be the lead investigators and lead prosecutors, as well as the defendants, as we know happens within the military justice system, which has both prosecutors and defenders in order to provide the balance of justice to those who are accused and those who are plaintiffs. However, if they are not good enough to prosecute and investigate sexual misconduct within the Canadian Armed Forces when it happens here in Canada, how do we know we can trust them for cases outside Canada? I know I do, but I wonder if the is at all concerned about the atrophy of those skills, at both the prosecutor level and the investigator level, for our military police if they are not getting the repetitions. It is just like exercise; one has to do it over and over again.
The other concern we have is about the new Governor in Council appointments. Currently, the Governor in Council, or the cabinet, the , the PMO, appoints the chief of the defence staff, the deputy minister, the national defence and Canadian Armed Forces ombudsman and the judge advocate general. They are all done through an order in council and they all report to the . Now we would be adding more Governor in Council appointments: the director of military prosecutions, the director of defence counsel services and the provost marshal.
That would increase independence, but there are questions around the terms and lengths of those appointments. There is no consistency with other Governor in Council appointments we have, both in the civil system, within the bureaucracy and other government appointments, and those appointed under the National Defence Act. There is also no clarification of how those individuals would be reappointed. There have even been questions raised about whether having these three new Governor in Council appointments, who right now report to the JAG, would make having the judge advocate general irrelevant and the position undermined because of directives that can come from the minister.
We are also very concerned that this would increase political interference, which we have already witnessed with the Liberal government. This is because it would be giving the power to the Minister of National Defence to not only have control over more individuals within the Canadian Armed Forces, but also to issue guidelines under Bill with respect to prosecutions, which would open the door to that political interference.
All we have to do is look at some of the cases the government has already politically put pressure on to have moved to the civilian system. There was the case of Vice-Admiral Mark Norman; we can look at how that came about. Of course, those charges were all stayed and there was a legal settlement paid out by the Government of Canada to Vice-Admiral Mark Norman for its witch hunt.
There was the case of Jonathan Vance, the former chief of the defence staff. In that situation, he was not charged for sexual misconduct but was actually charged for obstruction of justice.
The next case I want to touch on is that of Admiral Art McDonald. Again, this was a political appointment by the Liberal government, and he was chief of the defence staff. It then came to light that there was some misconduct in his background. When it came time to prosecute, those charges were all dropped by the military prosecution office.
Major-General Dany Fortin was acquitted by the Quebec judicial system. There is pressure coming from the Liberals on National Defence and the Canadian Armed Forces to move these to the civil system, so here he is getting off. All we are doing is destroying these people's reputations, and from the victim's standpoint, they are not getting any justice.
With respect to Lieutenant-General Trevor Cadieu, his cases were stayed by the Ontario justice department.
Vice-Admiral Haydn Edmundson was found not guilty in the Ontario justice system. That case was just ruled on earlier this week, and it was found that a CBC reporter actually tampered with a witness and all the testimony was thrown out.
The last one I have here is Lieutenant-General Steven Whelan, and again, the charges were dropped by military prosecutors, and Lieutenant-General Steven Whelan has filed a statement of claim. When we look at all of this, we know we have a situation where the political pressure on national defence from the and the to move these into the civilian court system does not automatically result in justice for the victims. It actually turns into situations where we have liability because of increased defamation of the characters of individuals who have served this country for long, hard years as military leaders.
We know General Jonathan Vance as a former chief of the defence staff. When we studied this at the national defence committee, for three months the Liberal chair kept adjourning the committee and refused to let us hear from witnesses and experts and victims about the cover-up that happened when the victims came forward about Jonathan Vance. The news stories broke and it came to light that the former minister of national defence, the , had gone to great lengths to block the investigation, to turn a blind eye. The was involved in that. Unfortunately, the only committee that was able to give any type of report was the status of women. The Conservatives said, in response to that report, that it was “abundantly clear that there has been a lack of leadership by [the defence minister] on the issue of sexual misconduct in the Canadian Armed Forces.”
Of course, instead of finishing the report and getting to the bottom of this, an election was called, Parliament was prorogued and the report died. The Liberals had lots of opportunities to act earlier than 2024. They had lots of reports they could have relied on. I mentioned the 2015 Deschamps report. In 2018, the Auditor General released a report on inappropriate sexual behaviour in the Canadian Armed Forces and then updated that report, the national defence and Canadian Armed Forces ombudsman report on sexual misconduct, in 2021. We had the Justice Fish report, which was a very extensive report with hundreds of recommendations. There was, also from the status of women committee here in Parliament, the 2021 report “Eliminating Sexual Misconduct Within the Canadian Armed Forces”. What did we have? Indecision, dithering, delays and punting this down the road to 2024.
Meanwhile, while all this was happening, sexual misconduct, sexual harassment and sexual violence have escalated. As I have said before, we are trying to push out any sexual misconduct within the Canadian Armed Forces on base and here in Canada. Since 2015, over the last long nine years of the Liberal government, we have seen total sexual assaults at all three levels increase 74.83%. As for sexual violence in Canada, and this is all Canadians, sexual violence against children has increased 118.85%. Forcible confinement or kidnapping is up 10.6%. Indecent and harassing communications are up 86.41%. Non-consensual distribution of intimate images is up 801%. Trafficking in persons is up 83.7%.
These are huge numbers that are dominating the work of our civil judicial system, whether it is in defendants or prosecutors or municipal or provincial or federal police forces. We are now going to throw in there an increase in sexual misconduct that we are seeing at national defence.
Over the last five years, sexual misconduct reports have increased from 256 to 443. That is an increase of 73% under the watch of the Liberal government, which has turned a blind eye to this problem and failed to act in an appropriate manner.
However, I do not think we should be surprised by this at all, because this is a Liberal government that has failed our Canadian Armed Forces. It has failed our brave women and men, who are the best of the best that Canada has to offer. They go through some of the roughest training. They get screened from a medical and a health perspective before they are ever allowed to don the uniform, and the current government has allowed our Canadian Armed Forces to fall into complete disrepair for nine long years.
Our warships are rusting out, our fighter jets are worn out, the army has been hollowed out, and we are so short of soldiers, sailors and air crew that all our troops are burnt out. We have entire air squadrons now that have been shut down because we do not have enough personnel, whether pilots or maintenance personnel, to keep our fighter jets in the air. Our submarines are barely in the water. From all the Order Paper questions that we get back, we are lucky if we can put one submarine in the water for 100 days a year, and that is four submarines combined, which is embarrassing. How do we maintain skills if we do not have the opportunity to train and practise alongside our allies and protect our shorelines from other submarines?
When the Liberals announced their defence policy, SSE, back in 2017, I said that it was a book of empty promises. If we look at their track record, it is still a book of empty promises. The defence policy update was a year late and, again, fails to make a strong investment in the Canadian Armed Forces. In fact, after the Liberals brought forward their defence policy update, they cut a billion dollars from the budget, which is affecting the operational readiness of our Canadian Armed Forces. Over $10 billion has gone unspent, uninvested in the Canadian Armed Forces. This means that the delivery of much-needed equipment is happening later, and our troops are getting tired of operating on old, worn-out equipment.
Our troops do not feel safe. They do not feel respected. They do not feel honoured by the government. That is why we are short 16,000 troops in the reserves and regular forces today; this is a shocking number to start with. However, because we are so short of troops, we are also short of the people, the ladies and gentlemen, who make up a kind of middle management. These are the corporals, the master corporals, the sergeants and sergeant majors, who go out there and train our forces.
Right now, we have over 10,000 undertrained and undeployable members who are in uniform. We do not dare send them out, because they do not have all the skill sets they need to do the job that we want them to. This is the government's own number. Our military has been so badly hollowed out that only 58% of our forces stand ready to deploy; again, that is a huge embarrassment.
One thing that has really undermined our troops is that, at home and abroad, they have literally been left out in the cold. We have a housing shortage of 6,700 units. The government has only budgeted $8 million to build homes over the next five years. Last year, it only built 20 homes for our Canadian Armed Forces members, and the year before that, it only built 18. Thirty-eight new homes will not make up for the 6,700-unit shortage we have right now, and that is why so many of our guys are living unhoused. They are living in tents; they are couch surfing and sometimes living in precarious situations.
I will close with this: The next Conservative government will rebuild the Canadian Armed Forces by cutting down on the bureaucracy and the wasteful spending on unnecessary consultants. We have people in the Canadian Armed Forces and within the Department of National Defence who can do that job. We will reduce that tail and invest it in the tooth of our military. We will take the taxpayer money that is going to foreign dictatorships and despots and reinvest that into the Canadian Armed Forces. We will spend more on the Canadian Armed Forces than the Liberals ever hoped to, and we will make the Canadian Armed Forces stronger and ensure they have the equipment they need. We will restore the honour and integrity of our military heroes so that Canadians can be proud of them. We will reverse all the woke Liberal culture, that experiment they have been carrying on; instead, we will support the war fighters of the Canadian Armed Forces so that they can proudly serve, proudly defend and proudly fight alongside our allies when they are called upon.
:
Mr. Speaker, I too will put an end to the suspense by announcing that the Bloc Québécois intends to vote in favour of the principle of the bill at second reading so that it can be sent to committee.
However, I will reiterate some of the comments I made about the timeline that led to the passage of the bill and the relevance of debating it now.
As has been mentioned, the issue of sexual misconduct in the armed forces was first brought to the forefront in March 2015 by the hon. Justice Deschamps. This took place around the same time as a series of other events that I will come back to a little later. In April 2021, Justice Fish also made some recommendations. In addition, Justice Arbour released a report on the subject in June 2022. When she was asked to look at potential reforms within the armed forces to put an end to certain issues related to misconduct, she replied that this had already been done and studied. However, hardly anything was put in place to bring about the changes recommended by her predecessors.
It was not until March 2024 that Bill was finally introduced at first reading. Only now are we debating it at second reading. We know that it is not because the Standing Committee on National Defence has nothing to do right now. We are already working on a number of things. I am a little concerned that other matters no less important than this one could get delayed.
I am not trying to diminish the importance of any particular issue, but we have several files to deal with. We usually give priority to clause-by-clause consideration of bills so that reports can be produced. I am worried that we are going to get bogged down because, for one thing, military procurement is still an issue. Just about every week, the media reports on a new problem, whether it is sleeping bags or deliveries of light armoured vehicles. This is a recurring problem. We are likely to hear about it again.
There is also the matter of military spending. Although new funding was announced with the updated defence policy, some cuts that were announced last September are still in effect. That has led to a lack of resources in several areas. Canada is still not meeting the 2% target that it committed to at the Wales summit in 2014. That percentage used to be a minimum, but it is now a maximum. We still have capacity issues when it comes to international operations. There are problems with recruitment, retention and housing. Francophones in the armed forces are also having trouble getting services in their mother tongue.
We may end up talking about the Afghanistan evacuation in the summer of 2021, the evacuation of Kabul. During that evacuation, the current , the member for Vancouver South, reportedly gave instructions to prioritize members of the Afghan Sikh community over Canadians and interpreters who had helped Canada. That is not the first blunder this minister made. I may come back to that later, because, on his watch, mistakes were also made regarding the then chief of defence staff, Jonathan Vance. That was likely the most high-profile case pertaining to sexual misconduct and the lack of separation between the chain of command and the military justice system. It was a case study of sorts for the many other cases that were not necessarily talked about in the media but that still plague the armed forces.
All this work that could have been accomplished might get pushed aside because we are going to have to work on Bill , which could have been introduced much sooner. On top of that, we may not be able to finish the study. Anyone who has paid the slightest attention to the news in recent days knows about the sword hanging over our heads and the possibility that an election could be called. This could jeopardize the bill, which is anxiously awaited by victims of sexual misconduct in our military and other observers.
I have a lot of empathy for these victims, but I am afraid that we will not be able to finish the study, as much as we want to, even if everything goes as smoothly as humanly possible in committee. The bill may not make it to third reading, pass through the Senate, or go on to receive royal assent. However, at the very least, we all agree on the principle of this bill.
Another point I would like to make is that a number of victims were consulted by Justice Arbour as part of a much broader study on changing the culture in the armed forces. However, those victims do not appear to have been contacted for the specific study of Bill , to fine-tune the bill. As I mentioned in a question to my colleague earlier, it can be hard for victims to testify publicly, so I would like to issue an appeal to them while I have the opportunity. If any victims wish to contact committee members to make recommendations or suggestions or to submit questions that they should ask, that would be great. Personally, I promise to treat any submissions in complete confidence, if only to get the point of view of people who have unfortunately experienced the difficulties of the excessive proximity between the military justice system and those facing charges.
Let us come back to the bill, which makes several changes. The bill focuses primarily on changes related to sexual misconduct. The military has other grievances as well, but they are unfortunately not addressed in this bill, which is understandable because it would have been a massive bill. It would have been almost impossible to address it all at once. I wish we had already dealt with this issue so we could move on to other things, but oh well. Again, it goes back to the issue of timing and the proper use of the parliamentary calendar by the government. We could spend all day talking about that. I will refrain from doing so this time.
On the issue of misconduct, the main amendment made by the bill is the one that could only be made through legislation. It seeks to implement recommendation 5 from Justice Arbour's report, which proposes to completely remove the Canadian Armed Forces' jurisdiction over the investigation and prosecution of sexual offences listed in the Criminal Code and committed in Canada. Previously, the only offences that could not be tried by the Armed Forces themselves were murder, manslaughter and cases related to kidnapping or human trafficking. The bill adds new offences that will no longer be dealt with within the armed forces, such as sexual touching, invitation to sexual touching, sexual exploitation, incest, bestiality, voyeurism and publication of child pornography.
These are all sex offences. They can no longer be judged internally. This is a major change that was long overdue and I think it could have been implemented a little sooner. It was the key recommendation emerging from Justice Arbour's report and, as I said, it was the only recommendation that required legislation. Some things will not change, however, and I think that is a good thing. Military personnel can continue to gather evidence while awaiting the arrival of civilian authorities in the event of wrongdoing.
The other recommendations being adopted include ones from Justice Fish's report. Justice Fish recommended modifying the appointment process for the three primary judicial or military authorities, namely the Canadian Forces provost marshal, the director of military prosecutions and the director of defence counsel services, to make it a political, civilian process instead of relying on the military chain of command. These individuals would be selected by the government instead of military leadership. That way, they would be sheltered from any form of blackmail. I would just remind my colleagues about the case of the chief of defence staff, Jonathan Vance, who had sexual relations with a subordinate and subsequently bragged about having full control over the military investigations, ensuring that the victim could not file a complaint. His successor at the time, Art McDonald, had also stepped down a few weeks following allegations of a sexual nature. That is one of the recommendations from Justice Fish's report that is implemented by Bill C‑66.
This bill implements eight others as well. I will speak to them briefly. They are recommendations 2, 7, 8, 10, 13, 14, 15 and 16.
Recommendation 2 was that the National Defence Act be amended to allow the Governor in Council to appoint military judges, who can now be any officer or non-commissioned member who is a lawyer registered with the bar of their province and who has at least 10 years of experience as a lawyer and military member. This measure aims to exclude military judges from the summary hearing system. This evidently refers to summary hearings for service infractions or offences of a more disciplinary nature in general, such as being absent without leave, negligently discharging a firearm, wearing a uniform improperly or maintaining equipment poorly. Previously, service infractions like these could be tried before military judges. Now that the government is going to appoint military judges, they will no longer be able to decide matters that are subject to a summary hearing.
I understand the reasoning behind this, but I think it will still be useful to hear from people in committee to find out whether this exclusion is a good idea. The problem is that these summary hearings will always be presided over by unit commanders. This means it will always be a superior officer trying one of their subordinates, which generally results in a rather expeditious form of justice in which the person is guilty until proven innocent rather than the other way around. This recommendation may need some improvement.
Recommendation 7 from Justice Fish's report will also be implemented. It calls for the director of military prosecutions and the director of defence counsel services to be appointed, again on the recommendation of the Minister of National Defence, for terms of up to seven years.
Recommendation 8 will also be implemented, meaning that the judge advocate general will no longer be able to issue directives or instructions in respect of a particular prosecution. This power will be granted to the Minister of National Defence.
Recommendation 10 calls for the National Defence Act to be amended to enhance respect for the independence of military prosecutors, military defence counsel, and other actors in the military justice system. It will also clarify that the provost marshal, who is the head of the military police, the director of military prosecutions and the director of defence counsel services are independent.
Recommendations 13 and 14 are for the provost marshal to be appointed by the government rather than by the military. Once again, appointments are being moved outside the military chain of command in favour of a more civilian process. An effort is made to create roles that are more self-sufficient, to avoid constantly ending up in a kind of closed circle or boys' club where judicial decisions are susceptible to outside control.
Finally, there is recommendation 16, which I mentioned earlier. It will allow any member of the military to file an interference complaint with the Military Police Complaints Commission of Canada. Previously, only the victim could do so. A third party will be able to file a complaint against a military member or superior officer if they believe that the person interfered in the justice process. The purpose is to increase the number of people who can file a complaint, including the victim, for various offences.
Other recommendations being adopted include the recommendation that non‑commissioned members be allowed to become military judges. In the past, this position was reserved for more senior officers, but it did not necessarily reflect the current reality. Many non‑commissioned members, whose rank ranges from private to chief warrant officer, have a stronger academic background than some officers. In some cases, they are more academically qualified to fulfill this role.
Now the role of military judge could be open to a much larger pool that will better respect the current reality of the armed forces, which is not inappropriate in the circumstances. There will also be a much larger pool of potential candidates to select from for this role.
In the less substantial changes set out in Bill , there is the one that creates the victim's liaison officer position. It provides a representative for the victim, a sort of help in the complaints process. It also adds the possibility of a victim's representative being the spokesperson for the victim in dealing with this liaison officer. Some rather interesting recommendations were made, after all.
Finally, it harmonizes the National Defence Act with the Criminal Code regarding sex offender information and publication bans. There was a sort of code of silence for the general public on what could go on within the forces. Bill C‑66 will help modernize this.
As I was saying earlier, all of this is happening in the context of an issue that we have, unfortunately, been aware of for a long time, the issue of sexual misconduct. Members will recall that Justice Deschamps was commissioned to produce a report, which she submitted in March 2015. At that time, Jonathan Vance was also appointed as chief of the defence staff, even though allegations had already been made against him. Mr. Vance continued to commit indiscretions basically free from recrimination, mainly because the member for , the current Minister of Emergency Preparedness, more or less turned a blind eye to the complaints that he heard and everything surrounding Jonathan Vance's appointment. That likely gave victims the impression that nothing would change and that they would never get justice if the person who committed an offence against them was their superior. Unfortunately, that was true for many long years. We can hope that Bill C‑66 will have a positive impact and that it will give victims at least a little confidence in the system's ability to deliver justice when offences are committed.
Above all, the thing that I hope will change is the impression that no matter what happens in the armed forces, the boys' club will close ranks. Let us hope, once this dynamic changes, that recruitment and retention problems will become a thing of the past. It turns into a kind of vicious circle. The forces get a bad reputation, which has a ripple effect on recruitment and retention. We end up with a smaller pool of members in the forces and, unfortunately, fewer young recruits with a fresh outlook and possibly a much more assertive voice when it comes to speaking up and seeking justice. The fish, we are told, rots from the head. Often, we have to wait until the head is gone before things change. We cannot simply hope that things will change gradually as young people with different values join up. We need to speed up the process.
Bill C‑66 is a step in the right direction. I hope that we can move the bill forward quickly in committee. I somehow doubt it will happen. However, if any sand gets thrown in the gears, Bloc Québécois members will not be the ones to blame.