Question Period Note: FISH REPORT ON THE MILITARY JUSTICE SYSTEM

Will DND/CAF accept Justice Fish’s recommendations concerning the military justice system?

• We welcome the report of Justice Fish, and thank him and his team for their dedicated work.
• We accept in principle all 107 recommendations made by Justice Fish.
• In the short term, we will begin to implement 36 of these recommendations.
• We will work towards an analysis and implementation plan for the other recommendations.
• This plan may require additional studies, resources, and significant legislative and regulatory changes.
• Throughout this process, we will provide regular updates to Parliament and the public on our progress.
• Through these steps, we will support the evolution of the military justice system and continue to bring about the culture change that is needed in the Defence Team.

QUICK FACTS
Timeline:
* On November 5, 2020, the Minister of National Defence, appointed Justice Fish as the Independent Review Authority, to conduct an independent review of specified provisions of the National Defence Act (NDA) and their operation.
* The Minister of National Defence tabled this report on June 1, 2021.

Previous Independent Review Authorities:
* Previous Independent Review Authorities have been the late Right Honourable Antonio Lamer, retired Chief Justice of Canada (report tabled in 2003), and the Honourable Patrick LeSage, retired Chief Justice of the Ontario Superior Court of Justice (report tabled in 2012).
* The Third Independent Review Report not only builds upon the findings of the previous Independent Review Reports, but also provides many comprehensive recommendations that either stand on their own or align with other departmental efforts soon to be underway.

Justice Fish recommendations:
* The report contains 107 wide-ranging recommendations, dealing with the military justice system, including how issues of sexual misconduct are addressed, military policing and police oversight. The remainder of the recommendations concern military grievances and the external review of grievances and the independent review process.
* Justice Fish set out three priority areas for his recommendations:

 * remove the present duty of those affected by sexual misconduct to report their experience to the chain of command;
 * provide free and independent legal advice to those affected by sexual misconduct;
 * and implement immediately the Declaration of Victims Rights provided for in Bill C-77.

* The Department of National Defence and the Canadian Armed Forces are committed to begin the implementation of 36 recommendations in the short term as additional analysis is done.

Responsible Principals: Assistant Deputy Minister (Public Affairs), Judge Advocate General, Vice Chief of the Defence Staff.