Introduction of the Military Justice System Modernization Act

March 21, 2024 – Ottawa – National Defence / Canadian Armed Forces

Today, the Minister of National Defence, the Honourable Bill Blair, introduced legislation in Parliament to amend the National Defence Act (NDA) that would modernize the military justice system and advance culture change within the Department of National Defence and Canadian Armed Forces (DND/CAF) by addressing key recommendations made by former Supreme Court Justices Louise Arbour and Morris Fish.

The introduction of this legislation is one of the many ways that the Government of Canada is advancing culture change within DND/CAF. These changes will be instrumental in ensuring that Canadians can have confidence and trust in the institution.

The proposed legislation is grouped into four key areas:

1.  Removing the CAF’s investigative and prosecutorial jurisdiction over Criminal Code sexual offences committed in Canada, thereby addressing Recommendation 5 of the Honourable Louise Arbour’s Independent External Comprehensive Review, 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. There the offence takes place in Canada, it should be investigated by civilian police forces at the earliest opportunity.” The proposed legislation would provide exclusive jurisdiction to civilian authorities to investigate and prosecute these offences in Canada.

• Regarding sexual offences that take place outside of Canada, Madame Arbour stated: “Where the offence takes place outside of Canada, the MP may act in the first instance to safeguard evidence and commence an investigation, but should liaise with civilian law enforcement at the earliest possible opportunity.”
• Recommendation #5 is the only recommendation from Madame Arbour that can exclusively be implemented through legislation. Work is either complete or underway to implement all 48 recommendations, and the External Monitor, Madame Jocelyne Therrien, provides external oversight of this progress.

2.  Addressing eight recommendations (2, 7, 8, 10, 13, 14, 15, 16) from the Third Independent Review of the National Defence Act report by former Supreme Court Justice Fish. These amendments seek to, among other things:

• modify the process for the appointment of the Canadian Forces Provost Marshal, the Director of Military Prosecutions and the Director of Defence Counsel Services;
• expand the class of persons who are eligible to be appointed as a military judge to include non-commissioned members;
• affirm the Judge Advocate General’s respect for the independence of authorities in the military justice system 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
•  change 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.

Subject to Parliamentary approval, these amendments seek to strengthen trust in military justice authorities operating independently from the chain of command and to bolster the trust and confidence of Canadians in the military justice system.

3. Excluding military judges from the summary hearing system, and expanding access to Victim Liaison Officers, under the Declaration of Victims’ Rights, to individuals acting on behalf of a victim.

4. Amending the National Defence Act to align sex offender information and publication ban provisions 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 amendments are necessary to ensure the parallel military justice system remains constitutional and aligned with the Criminal Code and the civilian criminal justice system.

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• Minister Blair introduces legislation to modernize the military justice system and advance culture change in the Department of National Defence and Canadian Armed Forces 

Associated Links

• The Third Independent Review of the National Defence Act - Canada.ca
• Independent External Comprehensive Review
• Conduct and Culture