Bill C-11 Enacted, Revamps Military Justice

On June 18, 2026, Bill C-11, An Act to amend the National Defence Act and other Acts (Military Justice System Modernization Act) received Royal Assent and has become law, modernizing the military justice system in four key areas:

1. Removing the Canadian Armed Forces (CAF) jurisdiction over sexual offences in Canada;
2. Changing to the appointment processes and tenure of key military justice authorities;
3. Excluding military judges from summary hearings and enhancing victim's liaison officer access; and
4. Aligning sex offender information and publication ban provisions with amendments made to the Criminal Code.

With Royal Assent of the Military Justice System Modernization Act, all 48 recommendations from the Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces (IECR) are deemed addressed by the Department of National Defence and the Canadian Armed Forces.

These new measures continue efforts to modernize the military justice system to meet the needs of the CAF to maintain discipline, efficiency and morale.

Removal of CAF jurisdiction for sexual offences in Canada

Sections 7 and 8 of Bill C-11 address Recommendation 5 of the Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces (IECR), which states that, "Criminal Code sexual offences should be removed from the jurisdiction of the CAF. They should be prosecuted exclusively in civilian criminal courts in all cases. Where the offence takes place in Canada, it should be investigated by civilian police forces at the earliest opportunity."

Extensive engagement with federal, provincial and territorial partners helped inform legislative changes and will continue to guide implementation.

These amendments:

• Remove CAF jurisdiction to investigate and prosecute Criminal Code sexual offences alleged to have been committed in Canada; and
• Result in exclusive jurisdiction over these offences resting with civilian authorities.

Independent Review of Section 7 and 8:

Bill C-11 has been further strengthened by an amendment to include an independent review of sections 7 and 8, to be undertaken within three years after the day on which the amendments come into force. The criteria for the report, which is to include informed consultations with appropriate authorities in the military and civilian justice systems, victims, advocates, scholars and other stakeholders, are set out in the legislation. The report is to be tabled in both Houses of Parliament within one year of its undertaking.

• The report to Parliament is to include:
  • Statistics on the number of cases and the outcome of cases involving offences that were prosecuted in the civilian justice system as a result of removing CAF jurisdiction to investigate and prosecute Criminal Code sexual offences committed in Canada;
  • An evaluation of the services available for members of the CAF who are victims of these offences that were prosecuted in the civilian justice system as a result of this change to the National Defence Act;
  • An evaluation of the advantages and disadvantages of the application of these amendments for the military justice system, and the authorities in the military justice system, with measures that may be taken to address any disadvantages;
  • Measures that may be taken to enhance access to justice for members of the CAF in relation to these types of offences; and
  • The Minister of National Defence's opinion as to whether these amendments should be repealed.

If the report indicates that the Minister of National Defence is of the opinion that these amendments should be repealed, the Minister may file a motion with the Speaker of the Senate and the Speaker of the House of Commons for the adoption of a resolution by each House that agrees with the Minister of National Defence's opinion and calls on the government to introduce a bill to repeal relevant sections and paragraphs.

Changes of appointment processes and tenure of key military justice authorities

This legislation addresses eight recommendations (2, 7, 8, 10, 13, 14, 15, 16) from the Report of the Third Independent Review Authority to the Minister of National Defence of the National Defence Act (I3R).

These amendments:

• Revise the appointment process of the Canadian Forces Provost Marshal, the Director of Military Prosecutions and the Director of Defence Counsel Services.
  • For the Canadian Forces Provost Marshal:
    • Rank and Title: will be called the "Provost Marshal General" and hold a rank that is not less than Brigadier-General.
    • Appointment: by Governor-in-Council
    • Tenure: during pleasure for a renewable term not exceeding four years
    • Responsible: to the Minister of National Defence for the performance of responsibilities such as policing duties and functions
    • Instructions: the Minister of National Defence may issue general instructions or guidelines in writing to the Provost Marshal General
  • For the Director of Military Prosecutions and the Director of Defence Counsel Services:
    • Appointment: by the Governor-in-Council
    • Tenure: holds office during good behaviour for a term of not more than seven years and not eligible for reappointment
    • Removal: by the Governor-in-Council upon completion of an inquiry- after receipt of the inquiry report from the Minister of National Defence
    • Instructions: the Minister of National Defence may issue instructions and guidelines to the Director of Military Prosecutions in writing in respect of a particular prosecution

• Expand the classes of persons who are eligible to be appointed as a military judge to include non-commissioned members;
• Affirm the Judge Advocate General's respect for independence of military justice authorities in the exercise of the Judge Advocate General's superintendence of the administration of military justice;
• Expand the class of persons who may make interference complaints to the Military Police Complaints Commission (MPCC); and
• Provide that a member of the Military Police or person performing policing duties or functions under the Provost Marshal General's supervision must make such an interference complaint in certain circumstances to the MPCC.

Excluding military judges from summary hearings and enhancing Victim's Liaison Officer access

These amendments:

• Exclude military judges from the summary hearing system; and
• Expand access to Victim Liaison Officers under the Declaration of Victims Rights, to include those persons acting on behalf of a victim.

Aligning sex offender information and publication ban provisions with amendments made to the Criminal Code

• Amends the National Defence Act to align the sex offender information and publication ban provisions with the amendments made to the Criminal Code in An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. Former Bill S-12 received Royal Assent on October 26, 2023.
• Aligns National Defence Act provisions related to Sex Offender Information Registration Act (SOIRA) with the Charter of Rights and Freedoms.
• Bolsters victims' rights by providing the opportunity to express whether they wish to have a publication ban ordered or revoked.