Today, the Minister of National Defence, the Honourable David J. McGuinty, introduced An Act to amend the National Defence Act and other Acts (Military Justice System Modernization Act). The legislation was originally proposed as Bill C-66 but was terminated with the prorogation of Parliament in January 2025.
The series of targeted measures are designed to modernize and enhance the military justice system. These proposed amendments respond directly to key recommendations made in independent and external reviews conducted by former Supreme Court Justices Louise Arbour and Morris J. Fish, reinforcing the Department of National Defence (DND) and the Canadian Armed Forces (CAF) continued commitment of a fair, transparent and trusted system of military justice.
To address Recommendation 5 from the Honourable Louise Arbour's Independent External Comprehensive Review, the proposed legislation would definitively remove the Canadian Armed Forces' (CAF) jurisdiction to investigate and prosecute Criminal Code sexual offences committed in Canada. The proposed legislation would provide exclusive jurisdiction to civilian authorities to investigate and prosecute such offences committed in Canada.
These amendments also address recommendations made by the Honourable Morris J. Fish in his Independent Review, by modifying the process for the appointment of three key military justice authorities: the Canadian Forces Provost Marshal, the Director of Military Prosecutions, and the Director of Defence Counsel Services. By making these positions Governor-in-Council appointments, they would be insulated from real or perceived influence from the chain of command.
This legislation also proposes expanding the eligibility criteria for military judges to include non-commissioned members, fostering greater diversity and representation for the pool of potential candidates. As the military justice system continues to serve the CAF, efforts to enhance and modernize it are key to advancing meaningful and lasting institutional reform.
