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Military Justice

Modernizing Military Justice

  • Support to victims and survivors is crucial to all of our efforts 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.
  • In addition, we are 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.
  • Furthermore, the Declaration of Victims’ Rights will come into force in June 2022, 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 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: Discussions are ongoing with provincial and territorial jurisdictions across the country regarding the referral of cases and how best to make the transfers.
  • Fish Report: 107 recommendations to support the ongoing modernization of the military justice system, military policing, and the grievance process.
    • The current focus is to begin to implement 36 of the 107 recommendations.
    • Analysis is ongoing to determine a path forward to respond to 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 the organization.
  • Madame 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 coordinating closely with former Justice Arbour as her report is being finalized to ensure that National Defence is ready to act on her recommendations.

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 is scheduled to be publicly released on April 7, 2022.
  • The assessment indicates that while the Defence Team has made progress on all Deschamps recommendations, we understand there is still work to do before all her recommendations can be considered fully implemented.

Bill C-77 Implementation (Declaration of Victims Rights)

  • I believe that reform of the military justice system is essential to better protect and support survivors and victims of misconduct.
  • That is why National Defence has taken deliberate steps to achieve durable reforms aimed at providing greater support and protection for victims.
  • One of the ways that we are doing so is through the implementation of the remaining provisions of Bill C-77, including the Declaration of Victims Rights.
  • Implementing the Declaration of Victims Rights will better enable the chain of command to support victims, build trust amongst Canadian Armed Forces members, and strengthen the cohesion of the Defence Team.
  • The Declaration of Victims Rights will be implemented in June 2022.
  • Core elements of this legislation 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.
  • The Declaration of Victims Rights is part of several long-lasting reforms that will contribute to a healthier, safer, and more inclusive military.

Key Facts

  • 2019: Parliament passed Bill C-77.
    • House of Commons: Passed without amendment.
    • Senate: Passed without amendment.
  • Key provisions already in force:
    • Considering the circumstances of Indigenous offenders in the determination of the appropriate sentence and punishments;
    • Ensuring sentencing takes into account whether service offences were motivated by bias, prejudice, or hate based on gender identity or expression; and,
    • Clarifying the circumstances where a person convicted of a service offence of a minor nature and sentenced to certain punishments will not result in a criminal record.

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