Question Period Note: Bill C-11: *Military Justice System Modernization Act*

• Bill C-11 proposed a suite of targeted amendments to the National Defence Act to help bolster confidence in the military justice system.
• The Bill was introduced to address key recommendations from independent and external reviews conducted by former Supreme Court Justices Louise Arbour and Morris Fish.
• This included Recommendation 5 of the Arbour Report to remove military jurisdiction over Criminal Code sexual offences committed in Canada.
• Significant changes were made to Bill C-11 during the study of the Bill by the Standing Committee on National Defence.
• I am pleased that the Bill is now back before the House of Commons to further its progress.
• The Bill remains a priority for National Defence. As it advances through the legislative process, we will continue to address and prioritize the needs of those who have been affected by conduct deficiencies, harassment, and crimes of a sexual nature.
  If pressed on jurisdiction over Criminal Code offences:
• Our priority is to ensure that victims experiencing trauma are comfortable and confident that they can come forward so that they will receive the support and protection they need.
• We are committed to supporting victims and continuing to strengthen and expand the resources available to them.

Reintroduction of Former Bill C-66
* On September 26, 2025, the Minister of National Defence reintroduced legislation to amend the National Defence Act (NDA). The series of targeted measures are designed to enhance and modernize the military justice system.
* These amendments address eight recommendations from the Third Independent Review of the National Defence Act (IR3), conducted by former Justice Fish, and address one recommendation from the Independent External Comprehensive Review (IECR), conducted by Justice Arbour.
* This legislation was first introduced in March 2024 as Bill C-66 but was terminated once Parliament was prorogued in January 2025.
Details of Bill C-11 at Introduction
* The original Bill C-11 introduced in the House was grouped into four key areas:
* Removing the Canadian Armed Forces (CAF)’s investigative and prosecutorial jurisdiction over Criminal Code sexual offences committed in Canada, thereby addressing Recommendation 5 of former Supreme Court Justice Louise Arbour’s IECR, 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. Where the offence takes place in Canada, it should be investigated by civilian police forces at the earliest opportunity.” The proposed legislation will provide exclusive jurisdiction to civilian authorities to investigate and prosecute these offences in Canada.
* 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, an External Monitor, Madame Jocelyne Therrien, provided external oversight of this progress from 2022-25.
* 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 Morris J. Fish. These amendments sought 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 the Judge Advocate General’s 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.
* Excluding military judges from the summary hearing system, and expanding access to Victim’s Liaison Officers, under the Declaration of Victims’ Rights, to individuals acting on behalf of a victim.
* **Amending the National Defence ActAmending 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.
Amendments Made During Committee Study
* The amendments to Bill C-11 passed at the Standing Committee of National Defence (NDDN) fall into two broad categories.
1. First, the provisions of Bill C-11 that initially sought to remove military jurisdiction over Criminal Code Sexual Offences were amended. The amended Bill now retains concurrent military and civilian jurisdiction over investigation and prosecution, and to give victims choice regarding the forum of the proceedings (clauses 7 and 8 of the amended Bill).
2. Second, a series of additional amendments related to the military justice system and key actors within it. Among others, these include:
* Extending defence counsel services to members charged with Criminal Code sexual offences in the civilian justice system and, possibly, at summary hearings (clause 40.1); and
* Removing Judge Advocate General supervision of the Director of Defence Counsel Services (clause 40.2).
* During NDDN’s clause by clause review, members raised concerns about the constitutionality of certain amendments, their potential negative impact on the functioning of the military justice system, and the possibility that retaining concurrent military and civilian jurisdiction could harm victims through delays or legal uncertainty.
Nullification of Select Amendments
* On April 21, 2026, the Speaker of the House of Commons ruled on the admissibility of six opposition amendments to the bill, three amendments that added Clauses 2.1, 9.1 and 19.1 and three amendments to Clauses 8, 9 and 18, following a point of order raised on April 17 by the Deputy Government House Leader. Consequently, the Speaker ruled that the amendments were beyond the scope of the bill, declared the amendments null and void, and ordered that Bill C-11 be reprinted without the amendments for consideration at report stage.
Report Stage
* On April 23, 2026, Bill C-11 will be presented and debated at Report Stage in the House of Commons. On that day’s Notice Paper, fifteen motions to amend the bill were published: ten from the Minister of National Defence and five from MP James Bezan (Selkirk—Interlake—Eastman), Vice-Chair of NDDN.
Support to Affected Persons
* Since 2015, the Sexual Misconduct Support and Resource Centre (SMSRC) has worked to ensure that people affected by sexual misconduct have access to a continuum of trauma informed, confidential support services and trusted resources.
* Over the past decade, the SMSRC’s services, programs and initiatives have evolved to meet the needs of the wider Defence community. The SMSRC provides immediate assistance through the 24/7 Support Line, as well as ongoing case management and advocacy through the Response and Support Coordination Program. Survivors can also access peer connection, independent legal assistance, and community-based services funded through the Community Support for Sexual Misconduct Survivors Grant Program.
* In September 2025, the SMSRC expanded services to members of the Canadian Coast Guard.

Quick facts

Bill C-11, An Act to amend the National Defence Act and other Acts (Military Justice System Modernization Act)
* On September 26, 2025, Bill C-11, a reintroduction of former C-66, was tabled to amend the National Defence Act (NDA).
* Key areas of the proposed legislation included:
* Removing the Canadian Armed Forces’ authority to investigate and prosecute Criminal Code sexual offences committed in Canada (Recommendation 5 of the former Supreme Court Justice Louise Arbour Report), with such cases instead being transferred to and addressed by the civilian justice system;
* Making amendments to the NDA modifying the appointment process for the Director of Military Prosecutions, the Director of Defence Counsel Services, and the Canadian Forces Provost Marshal (Recommendations from former Supreme Court Justice Morris J. Fish);
* Excluding military judges from the summary hearing system and expanding access to Victim’s Liaison Officers; and
* Amending the NDA to align sex offender information and publication ban provisions with the amendments made in An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act.
* The Standing Committee on National Defence (NDDN) undertook six meetings with witnesses and three meetings to complete its clause-by-clause review of Bill C-11.
* Key amendments passed by NDDN seek to retain concurrent military and civilian jurisdiction over the investigation and prosecution of Criminal Code Sexual Offences in Canada, give victims a choice over the system in which their cases are prosecuted, and change the appointment process and tenure in position of key actors in the military justice system.
* NDDN reported an amended Bill C-11 to the House of Commons on February 9, 2026.
* On April 21, 2026, the Speaker of the House of Commons ruled six amendments null and void and ordered that the bill be reprinted without the amendments for consideration at report stage.
* On April 23, 2026, Bill C-11 was introduced at Report Stage in the House of Commons.
Responsible Principals: Judge Advocate General, Chief Professional Conduct and Culture, Assistant Deputy Minister (Policy), Sexual Misconduct Support and Resource Centre
Drafted by: Director General Policy Coordination: Parliamentary Affairs
Date Approved: April 23, 2026