Bill C-11: Military Justice System Modernization Act

• Charles Sousa
• James Bezan
• Simon-Pierre Savard-Tremblay
• Sherry Romanado
• Cheryl Gallant
• Jeff Kibble
• Scott Anderson
• Viviane Lapointe
• Chris Malette
• Tim Watchorn

^* On the Sexual Misconduct Support and Resource Centre please see Tab 09.

Independent External Comprehensive Review (IECR)

• The IECR was presented to the Minister of National Defence by former Supreme Court Justice Louise Arbour in May 2022. It contains 48 recommendations for Department of National Defence (DND) and the Canadian Armed Forces (CAF) to address culture-related issues within the organization.
• To date, 36 of 48 recommendations have been addressed.

Comprehensive Implementation Plan (CIP)

• The CIP establishes a phased approach over five years (2023-2028) for prioritizing and addressing 194 external recommendations from the IECR, Third Independent Review of the National Defence Act (IR3), Advisory Panel on Systemic Racism (APR) and Discrimination, and No. 2 Construction Battalion National Apology Advisory Committee Report.
• 114 of 194 of the recommendations have been addressed.
• 12 recommendations were closed following careful analysis and cross-comparison of overlap between the recommendations from all four reports tracked in the CIP as they will be addressed by other external recommendations or broader initiatives or by leveraging existing processes and structures or legislative changes.

Canadian Military College (CMC) Review Board Report

• On March 7, 2025, the former Minister of National Defence released the first report of the CMC Review Board. The report highlighted the enduring value of the colleges and provided 49 recommendations for systemic reform to address issues of negative culture and misconduct previously identified in the IECR.
• The CMC Review Board is comprised of five external education and culture experts, a Defence public service executive, and a military representative. Board members were chosen for their range of perspectives, background, independence, and impartiality.
• Review Board members consulted and engaged with over 1,500 individuals, including Department of National Defence employees, CAF members, alumni, academic and non-public fund CMC employees, and Canadians. Consultation was a key part of the Review Board’s mandate and included visits to allied and partner nations’ military academies as well as several visits to both military colleges in Kingston, Ontario, and Saint-Jean, Quebec.

Fifth External Monitor Report (June 2025)

• The report provides an external, independent assessment of the progress made by DND and the CAF in implementing the recommendations made by former Supreme Court Justice Louise Arbour in the IECR.
• In this fifth report, Madame Therrien notes that “the CAF is on track to meeting the intent of all IECR recommendations by the end of this year.”

Grievance and Complaints System

• The CAF has initiated a review of its grievance and complaints systems with the goal of implementing a complete end-to-end transformation focused on the member’s experience and aiming at reducing the time to decision.
• A new digital grievance submission form was introduced on February 5, 2024, for all CAF members, marking a key step in the modernization of complaints and grievance processes.
• In early September 2025, the CAF published a digital version of the Notice of Intent to Grieve form, a form which makes it easier and faster for CAF members to raise concerns to the Chain of Command and seek resolutions at the earliest opportunity. This introduced another step in the modernization of the grievance process and allows members to digitally to submit the form from anywhere, streamlining the process, reduce processing times and providing better access for members.

Extremism and hateful conduct

• Bill C-9 (Combatting Hate Act) was introduced in the House of Commons on September 19, 2025 and seeks to better protect access to places of worship, as well as schools, community centres and other specified places, and to more clearly address and denounce hate-motivated crime.
• Bill C-9 creates a hate crime offence under the Criminal Code or any other Act of Parliament, including the National Defence Act, that is motivated by hatred based on certain factors.
• The CAF defines hateful conduct in DAOD 5019-0 as an act or conduct, including the display or communication of words, symbols, or images, by a CAF member that they knew or ought reasonably to have known would constitute, encourage, justify, or promote violence or hatred against a person or persons of an identifiable group, based on prohibited grounds of discrimination under the Canadian Human Rights Act.
• If a military member is found to have engaged in hateful conduct, consequences may include training, monitoring, removed access to materials, investigation and administrative or disciplinary actions.
• The Hateful Conduct Spectrum, which is available to all Defence Team members, identifies improper behaviours like harassment, inappropriate social media use, and affiliations with hate groups, as well as criminal acts like hate crimes, violent extremism, and terrorism.
• It also offers Defence Team members guidance and examples of behaviours on the opposite end of the spectrum, like allyship, anti-racism, and inclusive language, that can help to build a safer and more inclusive workplace.
• The CAF’s recruitment and screening processes have been modernized and expanded to assess both eligibility and suitability for service, with specialized recruitment staff trained to recognize extremist symbols, affiliations, and indicators of radicalization.

• Bill C-11
  • On September 26, 2025, Bill C-11 – formerly Bill C-66 – was reintroduced to amend the National Defence Act (NDA).
  • Bill C-11 will respond to eight recommendations from the Fish report and one recommendation from the Arbour report.
  • Key areas of the proposed legislation:
    • Removing the Canadian Armed Forces’ (CAF) investigative and prosecutorial jurisdiction over Criminal Code sexual offences committed in Canada (Recommendation 5 of Arbour Report);
    • Making amendments to the NDA based on the eight Fish report recommendations, which include, among other things, modifying the appointment process for the Director of Military Prosecutions, the Director of Defence Counsel Services, and the Canadian Forces Provost Marshal;
    • Excluding military judges from the summary hearing system, and expanding access to Victim’s Liaison Officers;
    • Amending the National Defence Act 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 (former Bill S-12).

Reintroduction of Former Bill C-66

• On September 26, 2025, the Minister of National Defence reintroduced legislation to amend the NDA, under Bill C-11 An Act to amend the National Defence Act and other Acts.
• These amendments address eight recommendations from the Third Independent Review of the National Defence Act (IR3), conducted by former Supreme Court Justice Morris J. Fish, and address one recommendation from the Independent External Comprehensive Review (IECR), conducted by former Supreme Court Justice Louise Arbour.
• The recommendations were designed to enhance and modernize the military justice system.
• This legislation was first introduced in March 2024 as Bill C-66 but ceased to exist once Parliament was prorogued in January 2025.

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 the support services and trusted resources they need.
• Over the past decade, their services, programs and initiatives have evolved to meet the needs of the wider Defence community.

Reimbursement of Legal Fees

• Section 249.17 of the NDA prescribes that, “A person who is liable to be charged, dealt with and tried under the Code of Service Discipline has the right to be represented in the circumstances and in the manner prescribed in regulations made by the Governor in Council”.
• Section 249.19 of the NDA stipulates that “The Director of Defence Counsel Services provides, and supervises and directs the provision of, legal services prescribed in the regulations made by the Governor in Council to persons who are liable to be charged, dealt with and tried under the Code of Service Discipline”.
• Article 101.11 of the Queen’s Regulations and Orders (QR&Os) prescribes the types of legal services that can be provided by the Director of Defence Counsel Services.
• As such, the QR&Os do not prescribe providing legal services to persons who are subjected to investigations, arrests, detentions or trials that do not pertain to a Service Offence, including all offences tried in the civilian criminal justice system.

• Removing the Canadian Armed Forces (CAF) investigative and prosecutorial jurisdiction over Criminal Code sexual offences committed in Canada will address part of Recommendation 5 of the Honourable Louise Arbour’s Independent External Comprehensive Review. This recommendation 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.”
  • “Where the offence takes place outside of Canada, the Military Police 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. The proposed legislation will provide exclusive jurisdiction to civilian authorities to investigate and prosecute such offences when committed in Canada.”
  • While Madam Arbour’s report took a larger holistic review of Defence Team culture, practices, policies and activities, Recommendation 5 can only be implemented through legislation.

Federal-Provincial-Territorial (FPT) Engagement

• Through the FPT Deputy Ministers’ Committee and related engagements, provinces and territories have flagged the need for extensive operational-level protocols to support transition; the importance of a victim-centric approach; and concerns regarding potential capacity-related implementation challenges (e.g., workload and resourcing pressures; training/military knowledge needs).
• Upon initial tabling of Bill C-11, some provinces and territories advocated for longer coming into force timelines to allow for operational protocols to be advanced (currently a proposed 60-day timeline).
• National Defence has developed a Memorandum of Understanding (MOU) with Ontario to guide collaboration, communication and information sharing. The MOU also creates pathways for operational-level dialogue and potential resourcing discussions.
• To date, no other jurisdiction has requested an MOU.
• Policing, prosecution and victim services actors within the military justice system also continue to work with their operational counterparts in the civilian justice system in support of implementation.

• On November 5, 2020, the Honourable Morris J. Fish, former Justice of the Supreme Court of Canada, was appointed by the Minister of National Defence to conduct an independent review of specified provisions of the National Defence Act and their operation.
• Justice Fish provided 107 wide-ranging recommendations, mostly related to the military justice system, including how issues of sexual misconduct are addressed, military policing and police oversight.
• Bill C-11 seeks to address eight of these recommendations (2, 7, 8, 10, 13, 14, 15, 16), specifically:
  1. Expanding the class of persons who are eligible to be appointed as a military judge to include non-commissioned members who are a barrister or advocate of at least 10 years’ standing at the bar of a province and who has been a member of the Canadian Armed Forces for at least ten years to be a military judge.
  2. Modifying the appointment process and the tenure for the Director of Military Prosecutions, and the Director of Defence Counsel Services.
  3. Authorizing the Minister of National Defence, rather than the Judge Advocate General, to issue instructions or guidelines to the Director of Military Prosecutions in respect of a particular prosecution.
  4. Affirming 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.
  5. Modifying the process and authority for the appointment of the Canadian Forces Provost Marshal, to have them appointed by the Governor in Council.
  6. Changing the title from Canadian Forces Provost Marshal to Provost Marshal General to align with the titles of other senior designations in the Canadian Armed Forces, such as the Surgeon General, the Chaplain General, and the Judge Advocate General.
  7. Making the Provost Marshal General responsible to the Minister of National Defence, rather than the Vice Chief of the Defence Staff, and prohibiting the Minister of National Defence from giving law enforcement direction on individual cases.
  8. Expanding the class of persons who can make an interference complaint and requiring those performing policing duties or functions to submit a complaint in certain circumstances.

Bill C-77

• The former Bill C-77 (An Act to amend the National Defence Act and make related and consequential amendments to other Acts, S.C. 2019, c.15) received Royal Assent on June 19, 2019.

Victim’s Liaison Officers

• Clause 9 of the proposed legislation amends the National Defence Act so that an individual acting on behalf of a victim can request the appointment of a Victim’s Liaison Officer (VLO), under the same conditions that a victim would have access.
• Of note, a victim can make a request to have a VLO appointed to them by asking their Commanding Officer, or by reaching out to Chief Professional Conduct and Culture who will have one appointed to them.

Summary Hearings

• The Canadian military justice system is comprised of two types of disciplinary proceedings for addressing misconduct: summary hearings and courts martial.
• While a court martial is a formal military trial designed to handle serious offences, summary hearings are non-penal, disciplinary proceedings based on principles of administrative law that are designed to address minor breaches of military discipline at the unit level, called “service infractions.”
• The Code of Service Discipline states that summary hearings may be presided over by a superior commander, a commanding officer or delegated officer. The officer conducting the hearing must determine whether the accused committed a service infraction and, if so, may impose one or more sanctions.
• The sanctions that may be imposed for service infractions are reduction in rank, severe reprimand, reprimand, deprivation of pay and any allowance for not more than 18 days, and minor sanctions prescribed in regulations.
• Bill C-77 would remove military judges from participating in that process, either as officers conducting summary hearings or as accused persons.

Sex Offender Information Registration Act (SOIRA) order

• Bill C-11 would amend the National Defence Act (NDA) definition of “designated offence,” in respect of which a SOIRA order may be made. These amendments include:
  • Distinguishing between “primary offences,” which are inherently sexual in nature, and “secondary offences,” which are non-sexual offences but may be committed for a sexual purpose. The Bill would incorporate the definitions of primary and secondary offences that were added to the Criminal Code through the former Bill S-12 (An Act to amend the Criminal Code, the Sex Offender Information Registration Act, and the International transfer of Offenders Act, S.C. 2023, c. 28)
  • To align the military justice system with the civilian criminal justice system, the Bill would modify the approach to mandatory registration and mandatory lifetime SOIRA orders. The Bill would limit mandatory SOIRA orders to two circumstances involving particularly serious or repeat sexual offences.
    • First, registration under SOIRA would be required in relation to sexual offences against a victim under 18 years of age where a prison sentence of two years or more is imposed; and
    • Second, registration would be required for repeat sexual offenders who have been previously convicted of a primary offence or who were previously subject to a SOIRA order.
  • In all other circumstances, an imposed registration is required unless the individual can successfully establish before the Court Martial that the order would have grossly disproportionate effects on them, or that making the order would have no connection to the purpose of helping police prevent or investigate sexual offences.

Publication Bans

• The Bill would make several amendments to the NDA provisions governing publication bans, in line with the changes to the Criminal Code made by former Bill S-12.
• Matters tried within the civilian criminal justice system would proceed in accordance with the provisions in the Criminal Code, even where the accused is a Canadian Armed Forces member.
• Relevant changes include:
  • Updating the list of offences for which a publication ban may be ordered – adds non-consensual distribution of intimate images, s. 162.1 of the Criminal Code;
  • Imposing duties on the military judge and the prosecutor to ensure that any victims or witnesses who would be affected by a publication ban are informed and consulted so they may be made aware of their rights to revoke or modify bans;
  • Clarifying that the publication ban does not apply when the disclosure is made by a person who is protected by a ban, as long as they did not recklessly or intentionally reveal the identities or reveal particulars likely to identify any other person whose identity is protected by a publication ban.
  • Clarifying that victims and witnesses who are affected by publication bans are entitled to disclose information in private, including when speaking with legal professionals, health care professionals, and other people they trust; and
  • Codifying the process by which individuals can apply to have a publication ban revoked or modified.

Sexual Misconduct Support and Resource Centre (SMSRC)

• The SMSRC’s toll-free support line is 1-844-750-1648.
• Established in 2015, the SMSRC operates independently of the military chain of command and provides confidential, trauma-informed and survivor-centric support to military and civilian Defence Team members and their families affected by sexual misconduct.
• Further, SMSRC’s work extends to Cadets, Junior Canadian Rangers and their family members, aged 16 and older affected by sexual misconduct.
• These supports and resources now also extend to the Defence Community’s newest members, the Canadian Coast Guard.
• SMSRC delivers key programs including the 24/7 Support Line, Response and Support Coordination Program, Peer Support Program, Independent Legal Assistance Program, and the Community Support for Sexual Misconduct Survivors Grant Program.
• In fiscal year 2024-2025, the SMSRC responded to 1,461 calls, of which 588 were related to Military Sexual Trauma. Of these callers, approximately 59% were new callers, while 41% were returning to seek continued support.
• Through the Prevention Research Initiative, the SMSRC is advancing research to better understand sexual misconduct in the Canadian Armed Forces (CAF) and to support the CAF’s sexual misconduct prevention efforts

Victim’s Liaison Officers

• A victim can request that a Victim’s Liaison Officer (VLO) be appointed to assist them for all matters dealt with under the Code of Service Discipline.
• VLOs are responsible for: providing information about the Military Justice System and the Declaration of Victims Rights; explaining to the victim the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and obtaining and transmitting to the victim information relating to a service offence that the victim has requested and to which the victim has a right under this Division.
• As of October 10, 2025, there are 136 trained VLOs available, and 37 cases have been managed since the program was launched in June 2022.

24/7 Support Line

• The SMSRC’s 24/7 toll-free support line, 1-844-750-1648, was established in 2015 and is the primary point of contact for members of the Defence community affected by sexual misconduct who are seeking immediate, confidential support.
• This phone-based service is available 24 hours a day, seven days a week, and is staffed by trained, trauma-informed support counsellors.

Independent Legal Assistance (ILA) Program

• Established through the Responsive Legal Options (RLO) initiative, the ILA Program provides free access to independent legal support for individuals affected by sexual misconduct within a Department of National Defence (DND) or CAF context. It helps minimize further harm and supports informed decision-making by offering confidential legal information, advice, and representation at no cost to eligible individuals.
• $1.5 million was received in 2024 to support the Program’s continued operation and development, as well as the Prevention Research Initiative, which strengthens National Defence’s response to gender-based violence.

Prevention Research Initiative

• The Prevention Research Initiative is a program that aims to inform sexual misconduct prevention efforts by examining the perpetration of sexual misconduct in the CAF. Findings will support the development of response frameworks, training, and interventions for subgroups at higher risk and support those responsible for managing sexual misconduct incidents.

Response and Support Coordination Program

• Launched in 2019, this program provides ongoing support, advocacy, and personalized case management across the country.

Community Support for Sexual Misconduct Survivors Grant Program

• The Grant Program broadens the range of support services available to those in the wider Defence community who have been affected by sexual misconduct and promotes collaboration between DND, CAF, and community-based organizations. Funded projects are diverse and often tailored to the needs of specific populations including women, men, Indigenous peoples, and 2SLGBTQI+ individuals.
• The SMSRC administers the Grant Program, which currently funds 28 community-based projects across Canada and is accepting applications for its fourth call for proposals. The breadth of the Grant Program enables a greater number of individuals to receive counselling and other supports, particularly in traditionally underserved regions.

Peer Support Program

• In partnership with Veterans Affairs Canada (VAC), SMSRC offers virtual peer support services for those that have been affected by sexual misconduct during their service or in their place of work who are 18 years and older.
• In 2024, the Peer Support Program expanded services to include new initiatives such as Coffee Chats, the 2SLGBTQI+ Informal Group, the Men’s Only Informal Group, and Trauma-Sensitive Yoga, offered on a rolling basis.

Military Liaison Team (MLT)

• The MLT is comprised of a Military Liaison Officer (MLO), a Military Police Liaison Officer (MPLO) and a Military Plans Officer (MPO). These three positions contribute to the effectiveness of the response and support services provided to CAF members, including the chains of command.
• MLOs and MPLOs provide trauma-informed support and policy guidance to Defence Team members affected by sexual misconduct, helping them understand reporting options and navigate CAF policies and procedures.
• MLOs also assist Chains of Command in managing sensitive situations and interpreting policy.
• While they work closely with the SMSRC and contribute to outreach and cultural awareness, they do not access confidential client information or act as investigators. Their role is strictly advisory and consent based.

• The CAF-DND Sexual Misconduct Class Settlement Agreement makes up to $900 million available to compensate class members who experienced sexual misconduct in connection with their work.
• The agreement provides:
  • Compensation to claimants;
  • Payments for the administration of the claims process;
  • The option for claimants to participate in a restorative engagement program; and,
  • Several other measures aimed at culture change and addressing sexual misconduct in the CAF.

Sexual Misconduct Restorative Engagement Program

• The Sexual Misconduct Support and Resource Centre’s (SMSRC) Restorative Engagement program launched in November 2021.
• The program provides supportive and facilitated restorative opportunities for Canadian Armed Forces and Department of National Defence (CAF-DND) Sexual Misconduct Class Action Members to be heard and acknowledged, as well as for Defence Representatives to learn, understand, plan, act and lead as catalysts for change supporting the Institution to address sexual misconduct.
• Participation in the program is voluntary and engagements are facilitated by trained Restorative Practitioners.
• All class members that indicated an interest in participating in Restorative Engagement have been contacted. All those who have responded to outreach indicating they wish to participate have been connected to Restorative Practitioners.
• The Restorative Engagement program on sexual misconduct is in the process of successfully supporting participation for all interested class members in restorative processes and is preparing to conclude in March 2026.
• Through the implementation of the Restorative Engagement program on sexual misconduct, it has become clear that restorative initiatives offer meaningful opportunities for individuals harmed by systems, institutions, and/or individuals to be heard, acknowledged, and to contribute to institutional change in impactful ways.
• The Restorative Engagement program on sexual misconduct was a first-of-its-kind initiative, and its innovative nature presented several design and implementation challenges – such as navigating Duty to Report obligations and competing institutional priorities.
• These challenges have generated valuable insights that will be documented in the program’s Final Report, to be publicly released following its conclusion in fall 2026, and that will inform the development of future Restorative Engagement initiatives.

In-House Mental Health Care

• 29 out of our 36 Canadian Armed Forces (CAF) healthcare clinics offer specialized in-house mental health care.
• Seven operational trauma and stress support centres provide assistance to serving members and their families dealing with stress or injury arising from military operations.
• Canadian Forces Health Services hired a psychologist who is dedicated to suicide prevention.
• Phone number for 24/7 CAF Member Assistance Program:
  • 1-800-268-7708
• Phone number for Suicide Crisis Helpline: 9-8-8
• The helpline offers support that is bilingual, trauma-informed, culturally appropriate, and available to anyone in Canada.
• Phone number for SMSRC Support Services:
  • 1-844-750-1648

Components of the CAF Mental Health Program

• Psychosocial Services. Social workers, mental health nurses and addiction counsellors normally staff the psychosocial programs. Types of services vary from short-term counselling (which may involve the family) relating to workplace issues, family, or marriage problems. Other examples include addiction consultations and pre-and-post deployment screenings.
• General Mental Health. Specialized mental health services provided by psychiatrists, psychologists, social workers, mental health nurses, addiction counsellors and chaplains. This category of care encompasses individual and group treatment for those suffering from a broad range of mental health concerns.
• Operational Trauma and Stress Support Centres (OTSSC). OTSSC programs are specialized programs within CAF mental health services that ensure very comprehensive and consistent assessment and treatment of patients with all types of trauma and stress injuries or illnesses.
• CAF members may be referred to civilian health care specialists when an appropriate in-house provider is not available in a timely manner.

Road to Mental Readiness (R2MR) Program

• Launched in 2008 and augmented in 2017 with the introduction of a mobile application, R2MR is a mental health education and training program for CAF members and their families. It aims to improve well-being, resilience, short-term performance, and self-awareness of one’s own mental health. It also encourages members to seek help when needed.

Total Health and Wellness Strategy

• In March 2022, National Defence released the Total Health and Wellness Strategy, which supports health and resilience in the workforce and promotes a culture of healthy behaviour.
• In 2022, the Military Family Services Program increased mental health programs and services nationally and locally, to include the virtualization of family services. These enhancements enabled expanded mental health counselling, family and intimate partner violence support, extended outreach to remote families, and non-clinical social supports.

Suicide Mortality in the CAF

• The CAF closely monitors the rates and trends of suicide in its population to gain a better understanding of underlying issues and to mitigate risks.
• The 2024 Report on Suicide Mortality in the CAF noted 17 deaths by suicide in the Regular Force in 2023.
• Differences among the consecutive five-year average annual suicide rates over 1995 to 2023 for Regular Force personnel were not statistically significant.

Suicide Prevention

• The Canadian Armed Forces Suicide Prevention Action Plan is centred on training and support programs and services, aimed at promoting resilience through spirituality, physical fitness, financial support, counselling, awareness, and specific services for deployed personnel.
• Canadian Forces Health Services considers suicide prevention a top priority. They work in partnership with other government departments and non-governmental agencies to create policy, educational programs, and clinical practice. The Directorate of Mental Health also has internal expert resources and processes to study suicide and implement practical changes to help reduce the risk of suicide.

Operational Stress Injury Social Support (OSISS)

• OSISS is a joint program between National Defence and Veterans Affairs Canada (VAC), created by CAF personnel and their family members who experienced the first-hand effects of an operational stress injury.
• It is a confidential, non-clinical, peer-based, social support program that helps individuals return to a healthier quality of life.

Paragraph 98(c)

• Paragraph 98(c) of the National Defence Act creates an offence for wilfully maiming or injuring oneself or another person with intent to render the person unfit for service in the Canadian Armed Forces.
• National Defence maintains that this section is not used as a punitive measure against those who suffer from mental health issues and that the military justice system provides protections for accused persons who suffer from mental illness.
• Instead, paragraph 98(c) is an important disciplinary tool, particularly during armed conflict and in circumstances that involve the mobilization of large numbers of forces. This provision acts in concert with other service offences in the Code of Discipline to maintain discipline and integrity in the CAF.