Today, the Honourable David J. McGuinty, the Minister of National Defence, 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 Military Justice System Modernization Act addresses key recommendations made by former Supreme Court Justices Louise Arbour and Morris J. Fish. This legislative proposal continues the constant evolution and modernization of the Military Justice System to meet the Canadian Armed Forces (CAF) needs to maintain discipline, efficiency and morale.
The proposed legislation is grouped into four key areas:
1. The removal of the CAF's investigative and prosecutorial jurisdiction over Criminal Code sexual offences committed in Canada.
- This proposed change addresses Recommendation 5 of the Honourable Louise Arbour's 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."
- The proposed legislation provides exclusive jurisdiction to civilian authorities to investigate and prosecute sexual offences in Canada.
- Recommendation #5 is the only recommendation from IECR exclusively implemented through legislation. Progress to implement all 48 IECR recommendations is either complete or underway with oversight provided by the External Monitor, Madame Jocelyne Therrien, who has provided regular progress reports.
2. This proposed legislation also 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 by former Supreme Court Justice Morris J. Fish. These amendments seek to, among other things:
- Revise the appointment process of the Canadian Forces Provost Marshal, to be retitled the Provost Marshal General, the Director of Military Prosecutions and the Director of Defence Counsel Services;
- Broaden the eligibility criteria for military judge appointments to include non-commissioned members;
- Affirm the Judge Advocate General's commitment to the respect for the independence of military justice authorities in the exercise of its superintendence of the administration of military justice;
- Expand the class of persons who may make an interference complaint and provide that a member of the military police or person performing policing duties or functions under the Canadian Forces Provost Marshal's supervision must make such a complaint in certain circumstances; and
- Rename the title of the Canadian Forces Provost Marshal to the Provost Marshal General to align with the titles of other senior designations in the CAF, such as the Surgeon General, the Chaplain General, and the Judge Advocate General.
These legislative amendments continue the modernization of the military justice system to allow it to remain effective, accountable, and aligned with the operational needs of the CAF.
3. The proposed amendments also seek to exclude military judges from the summary hearing system, and expand access to Victim Liaison Officers, under the Declaration of Victims Rights, to individuals acting on behalf of a victim
4. Amendments to the National Defence Act are also proposed to align provisions related to sex offender information and publication bans 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. These proposed changes are essential to ensure the military justice system remains constitutional and aligned with the Criminal Code and the civilian criminal justice system.
