Military Justice
Modernizing Military Justice
- National Defence recognizes that the continued modernization of the military justice system contributes to building a healthy, inclusive, and safe workplace free from discrimination, harassment, and violence.
- This includes our ongoing work to holistically address the recommendations from external reviews such as those by former Supreme Court Justices Arbour and Fish.
- I am pleased to report that 100% of Criminal Code sexual offence charges are now being laid in the civilian system, and no new sexual Criminal Code offence charges are being adjudicated in the military justice system.
- An ad-hoc committee of Federal, Provincial, and Territorial Deputy Ministers continues to meet to discuss and make recommendations to inform the development of options to implement Recommendation 5 of Madame Arbour’s report.
- Further, the remaining provisions of Bill C-77 came into force in June 2022, updating the military justice system.
- This included the Declaration of Victims’ Rights, which introduced the role of a Victim’s Liaison Officer to assist victims in understanding and accessing their rights.
- Prior to the coming into force of this Bill, we carried out a significant internal and external consultation effort that helped shape the modernization of the military justice system.
- Work is ongoing to better operationalize the Declaration of Victims’ Rights provisions.
- Additionally, the External Monitor, Madame Therrien, is currently conducting more work regarding the measures that have been put into place, including how Victim Liaison Officers have been selected, trained, and supported.
- We look forward to her feedback next month, in October, and continue to improve the military justice system for our members, striving to reflect Canadian values and ensuring the rule of law.
Key Facts
- Budget 2022: $100.5 million over six years, with $1.7 million in remaining amortization, and $16.8 million ongoing allocated to modernize the military justice system and support culture change in the CAF, among other initiatives.
- June 2022: Remaining provisions of An Act to amend the National Defence Act and to make related and consequential amendments to other Acts (Bill C-77) came into force, thereby:
- Strengthening rights afforded to victims of service offences;
- Bringing military justice system into closer alignment with civilian criminal justice system; and,
- Creating Victim’s Liaison Officers to assist victims by:
- Explaining to the victim the manner in which service offences are charged, dealt with, and tried under the Code of Service Discipline; and,
- Obtaining and transmitting to the victim information relating to a service offence that the victim has requested and to which the victim has a right under the Declaration of Victims’ Rights.
- Developed a military-wide online brief in June 2022 (mandatory for all military personnel), which promoted awareness of changes to the military justice system and appropriate actions when faced with an incident of misconduct as a victim, witness, or military justice actor.
- All members of the Military Police undertake trauma informed training to ensure those who come forward feel safe, heard, and protected.
Details
IECR Recommendation 5 and Interim Recommendations
- Work is ongoing to address Recommendation 5 of the Independent External Comprehensive Review (IECR). Until such time that a decision is made on the implementation of Recommendation 5, the October 2021 IECR interim recommendation remains in effect.
- Shortly after October 2021, the Canadian Forces Provost Marshal began referring applicable Criminal Code sexual offence files to civilian authorities for investigation.
- All Criminal Code sexual offence charges are now being laid in the civilian justice system – no new sexual Criminal Code offence charges are being adjudicated in the military justice system.
- In December 2022, and in response to Recommendation 5 of the IECR, the Minister of National Defence directed officials to present options on how jurisdictional change can occur, in consultation with federal, provincial, and territorial partners.
- The implementation of Recommendation 5 raised several important multi-jurisdictional considerations. To address these matters, a Federal-Provincial-Territorial ad hoc Deputy Minister-level committee began meeting in February 2023 to facilitate dialogue and co-operation and make recommendations to inform the way forward.
Report of the Third Independent Review Authority (2021)
- On November 5, 2020, the Minister of National Defence appointed former Supreme Court Justice Fish as the Independent Review Authority to conduct an independent review of specified provisions of the National Defence Act and their operation, as is required by the Act.
- Justice Fish’s report, tabled on June 1, 2021, contains 107 wide-ranging recommendations, with most of them dealing with the military justice system, including how issues of sexual misconduct are addressed, military policing, and military police oversight.
- The current focus is to implement the recommendations in a holistic and thematic approach to better manage implementation efforts of all external review recommendations. This includes:
- Strengthening the independence of military justice actors;
- Improving data collection and management related to military justice; and,
- Convening working groups to set the course for long-term reforms to the military justice system.
Victims and Survivors of Service Offences Webpage
- This webpage serves as a central repository featuring descriptions of victims’ rights in the CAF, and offers information and links to resources for victims and survivors of service offences and any associated parties navigating the military justice system. It is the main awareness tool for victims’ rights in the CAF.
- The webpage was fully amended in June of 2022 following the implementation of the Declaration of Victims Rights.
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