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Military Justice

Modernizing Military Justice

  • Support to victims and survivors is crucial to all of our efforts to continue to modernize the military justice system.
  • That is why, in December 2021, National Defence delivered a public apology to all current and former members of the Defence Team who have been affected by sexual misconduct and discrimination based on sex, gender, gender identity or sexual orientation.
  • We are also committed to making progress in the timely and appropriate resolution of cases, while ensuring procedural fairness, transparency, and consistency, regardless of rank.
  • For example, all Military Police take trauma informed training to ensure those who come forward feel safe, heard, and protected.
  • I also accepted former Justice Arbour’s interim recommendations to refer sexual assaults and other criminal offences of a sexual nature under the Criminal Code to civilian authorities, and work to transfer these cases is ongoing.
  • We are also working to implement 36 of former Justice Fish’s recommendations that we have identified for action in the short term, analyzing the full 107 recommendations in his report, and developing a work plan for the implementation of these recommendations.
  • Additionally, the Declaration of Victims’ Rights will come into force this year, which establishes a Victim’s Liaison Officer to assist survivors in accessing their rights.

Key Facts

  • October 25, 2021: The CDS/DM signed a directive establishing the External Comprehensive Review Implementation Committee (ECRIC).
    • The Committee is responsible for developing and overseeing a plan to implement the recommendations from former Justice Fish, former Justice Arbour, and other external comprehensive reviews.
    • The Committee is co-chaired by the Vice Chief of the Defence Staff and the Judge Advocate General.
  • Transfer of cases to civilian system: The transfer and referrals of cases to civilian police services across the country is currently underway as relevant protocols are established between tactical Military Police Commanders and civilian police of jurisdiction.
  • Fish Report: 107 recommendations to support the ongoing modernization of the military justice system, military policing, and grievance process.
    • The current focus is to begin to implement 36 of the 107 recommendations.
    • Analysis is ongoing to determine a path forward to implement the remaining 71 recommendations.
    • 36 recommendations identified for action in the short term call on National Defence to, among other things:
      • Establish working groups with other government departments and launch consultations with external stakeholders to discuss continuing the modernization of the military justice system; 
      • Improve data collection and management related to military justice; and,
      • Improve member awareness of the military grievance process.
  • Arbour Review: Currently conducting a review of National Defence to identify the causes for the continued presence of harassment and sexual misconduct within National Defence.
  • Former Justice Arbour’s final report is expected to be delivered to the Minister of National Defence in 2022.
  • Bill C-77: Core elements of the Declaration of Victims Rights will provide concrete rights to victims and survivors of service offences, including:
    • A victim’s liaison officer to help navigate the military justice process;
    • Greater participation throughout the investigative process; and,
    • Enhanced protection from intimidation and retaliation.

Implementation of External Reports (Deschamps, Fish, Arbour)

  • National Defence recognizes the important work of the former Supreme Court Justices Arbour, Fish, and Deschamps, as we continue to build a safe and inclusive work environment.
  • We are working to implement 36 of former Justice Fish’s recommendations that we have identified for action in the short term.
  • These recommendations will lay the groundwork to further modernize the military justice system, military policing, and grievance processes. 
  • We are also working with partners to expeditiously implement former Justice Arbour’s interim recommendations to refer sexual assaults and other criminal offences of a sexual nature under the Criminal Code to civilian authorities.
  • I am also meeting with former Justice Arbour monthly to ensure National Defence is ready to assess and implement further recommendations she provides on a priority basis.

Key Facts

  • October 25, 2021: The CDS/DM signed a directive establishing the External Comprehensive Review Implementation Committee (ECRIC).
    • The Committee is responsible for developing and overseeing a plan to implement the recommendations from former Justice Fish, former Justice Arbour, and other external comprehensive reviews.
    • The Committee is co-chaired by the Vice Chief of the Defence Staff and the Judge Advocate General.

Fish Report:     

  • June 1, 2021: Minister Sajjan accepted in principle all 107 recommendations.
    • National Defence agreed to begin to implement 36 recommendations in the short-term, which call on the Department and the Canadian Armed Forces to, among other things:
      • Stand-up working groups with other government departments and launch consultations with external stakeholders;
      • Improve data collection and management related to military justice; and,
      • Improve member awareness of the military grievance process.
    • National Defence is currently studying the remaining 71 recommendations to determine a path forward for implementation.

Arbour Review:

  • Former Justice Arbour provided interim recommendations to National Defence on October 20, 2021.
    • Building on recommendation 68 of the Fish report, former Justice Arbour recommends that National Defence transfer sexual assaults and other criminal offences of a sexual nature under the Criminal Code to civilian authorities.
  • Former Justice Arbour will also assess the progress made in addressing the recommendations contained in the Deschamps Report.

Deschamps Review:

  • A Management Action Plan is now in place for Madame Deschamps’ report.
  • An independent assessment on the implementation status of the recommendations of the Deschamps report has been shared with Madame Arbour to assist with her review, and it will be released in the coming weeks.

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