The Liberal government’s much-anticipated legislation on addressing sexual misconduct within the military is encountering resistance from certain victims, former military officials, and opposition parties. The proposed bill seeks to transfer the authority for investigating and prosecuting sexual assault cases from the military to civilian police and judges if approved.
Defence Minister David McGuinty expressed disappointment at the lack of unanimous support for the bill, emphasizing the necessity of removing this responsibility from the Canadian Forces to foster the desired cultural shift. The legislation aligns with a recommendation from former Supreme Court justice Louise Arbour in 2022, who identified significant concerns regarding the independence and competency of military investigators, prosecutors, and the justice system.
Arbour’s findings underscored longstanding issues with the Canadian Armed Forces’ handling of sexual offenses, eroding public trust. As a result, she recommended that the military should no longer have jurisdiction over investigating and prosecuting such crimes. Ottawa commissioned Arbour to investigate the military’s sexual misconduct crisis, which led to the removal of several senior military leaders from prominent positions.
Despite opposition from some MPs, including Bloc Québécois and Conservative members, who aim to enhance the bill after hearing victim testimonies, the Chief of Defence Staff Gen. Jennie Carignan and various stakeholders support the legislation. Retired military personnel like Hélène Le Scelleur advocate for a hybrid investigative approach, suggesting that a joint effort combining military operational knowledge and civilian oversight is essential.
Christine Wood, a veteran who experienced various forms of sexual misconduct, called for an independent justice system within the military, emphasizing the need for internal accountability. However, experts like Megan MacKenzie argue that the current internal system lacks accountability and necessitates the shift to external oversight.
While some experts like retired colonel Bruce MacGregor acknowledge the military’s access to key evidence, others like retired Supreme Court justice Marie Deschamps caution against transferring less serious offenses to civilian authorities. Deschamps highlights the risk of fostering a culture of impunity within the military for more severe crimes if minor infractions go unpunished internally.
The Bloc Québécois has proposed a study to explore the option of establishing a specialized tribunal to assist victims, inspired by a successful model in Quebec. Conservative MP James Bezan supports this initiative, seeking modifications to the bill to grant victims the choice between military or civilian jurisdiction. However, Defence Minister McGuinty prioritizes shifting sexual offense cases out of the military justice system, suggesting that any enhancements should be coordinated with provincial jurisdictions.
In urgent situations or for assistance, individuals are encouraged to call 911 or seek support from local crisis resources through the Ending Sexual Violence Association of Canada database.