In a press conference on Sept. 26, the national defence minster said it was very important for victims of such offences to be able to “trust the system.”
“They have to have the support they need. They need to have the confidence that it’s transparent, predictable, that they have the support that they need to come forward and to reveal what has happened to them,” he said.
The amendments proposed in the legislation are direct responses to recommendations made in independent external reviews of the military justice system.
Bill C-11 also proposes amendments aimed at modifying the process for the appointment of certain military justice authorities to insulate them from real or perceived influence from the chain of command.
The amendments will give the Governor-in-Council the authority to appoint the Canadian Forces Provost Marshal, the Director of Military Prosecutions, and the Director of Defence Counsel Services to address recommendations made by former Supreme Court Justice Morris Fish in an independent review report.
In a separate 2022 independent review report, former Supreme Court Justice Louise Arbour had called for the removal of CAF’s investigative and prosecutorial jurisdiction over Criminal Code sexual offences committed in Canada.
In 2021, before her final report was tabled, former Justice Arbour provided early interim advice recommending that all Criminal Code sexual offence cases be transferred to civilian authorities. The government accepted this advice in November 2021 on an interim basis.
“Since then, 100 per cent of all cases involving Criminal Code sexual offences have been treated and dealt with outside of the department by police, through police of local jurisdiction,” McGuinty told reporters in Ottawa.
If enacted, the legislation will also expand the eligibility criteria for military judges to include non-commissioned members.
The bill also proposed to exclude military judges from the summary hearing system, an administrative disciplinary mechanism, as a measure aimed at maintaining their independence.
The bill also proposes to extend access to victim liaison officers to individuals acting on behalf of a victim.
“These reforms will help ensure that every member serves in a safe, inclusive, and respectful environment, one that upholds the highest standards of integrity, reinforces operational effectiveness, and honours the commitment of those who wear the uniform in service to Canada,” McGuinty said in a release.
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