Minister McGuinty introduces legislation to modernize the military justice system
News release
September 26, 2025 – Ottawa, Ontario – National Defence / Canadian Armed Forces
Today, the Minister of National Defence, the Honourable David J. McGuinty, introduced An Act to amend the National Defence Act and other Acts (Military Justice System Modernization Act). The legislation was originally proposed as Bill C-66 but was terminated with the prorogation of Parliament in January 2025.
The series of targeted measures are designed to modernize and enhance the military justice system. These proposed amendments respond directly to key recommendations made in independent and external reviews conducted by former Supreme Court Justices Louise Arbour and Morris J. Fish, reinforcing the Department of National Defence (DND) and the Canadian Armed Forces (CAF) continued commitment of a fair, transparent and trusted system of military justice.
To address Recommendation 5 from the Honourable Louise Arbour’s Independent External Comprehensive Review, the proposed legislation would definitively remove the Canadian Armed Forces’ (CAF) jurisdiction to investigate and prosecute Criminal Code sexual offences committed in Canada. The proposed legislation would provide exclusive jurisdiction to civilian authorities to investigate and prosecute such offences committed in Canada.
These amendments also address recommendations made by the Honourable Morris J. Fish in his Independent Review, by modifying the process for the appointment of three key military justice authorities: the Canadian Forces Provost Marshal, the Director of Military Prosecutions, and the Director of Defence Counsel Services. By making these positions Governor-in-Council appointments, they would be insulated from real or perceived influence from the chain of command.
This legislation also proposes expanding the eligibility criteria for military judges to include non-commissioned members, fostering greater diversity and representation for the pool of potential candidates. As the military justice system continues to serve the CAF, efforts to enhance and modernize it are key to advancing meaningful and lasting institutional reform.
Quotes
“Canada’s military justice system must reflect the values of fairness, accountability, and respect that Canadians expect. With this legislation, we are delivering on recommendations made by former Supreme Court of Canada Justices Arbour and Fish and taking decisive steps to strengthen trust in the Canadian Armed Forces. These reforms will help ensure that every member serves in a safe, inclusive, and respectful environment, one that upholds the highest standards of integrity, reinforces operational effectiveness, and honours the commitment of those who wear the uniform in service to Canada.”
The Honourable David J. McGuinty, Minister of National Defence
“This legislation marks a meaningful step toward advancing the culture of respect and accountability across the Defence Team. Maintaining trust in our institution demands transparency, and a sustained commitment to meaningful reform. The modernization of the military justice system is central to this effort, and we are reinforcing confidence in our ability to evolve and strengthen the systems that support our people and reflect the principles of justice and respect.”
Stefanie Beck, Deputy Minister of National Defence
“By continuing to modernize the military justice system through this important legislation, we are reinforcing the principles of fairness and accountability that are essential to maintaining the discipline, efficiency and morale of the Canadian Armed Forces. These reforms will enable our operational effectiveness and support a respectful culture that will ensure our institution continues to earn the trust of CAF members and the Canadians we serve.”
General Jennie Carignan, Chief of the Defence Staff
“The Military Justice System is vital to maintaining discipline, efficiency, and morale within the Canadian Armed Forces, which are foundational to the Canadian Armed Forces' operational effectiveness. This legislation continues the modernization of the military justice system to ensure it remains responsive, fair, and aligned with Canadian legal values and the evolving needs of military service.”
Brigadier-General Rob Holman, Judge Advocate General
Quick facts
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The proposed legislation seeks to amend the National Defence Act to, among other things:
- Implement 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.
- Remove the CAF’s investigative and prosecutorial jurisdiction over Criminal Code sexual offences committed in Canada, thereby addressing Recommendation 5 from former Supreme Court Justice Arbour’s Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces.
- Exclude military judges from the summary hearing system, and expand access to Victim Liaison Officers, under the Declaration of Victims Rights, to individuals acting on behalf of a victim.
- Amend the National Defence Act to ensure sex offender information and publication ban provisions align 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 amendments are necessary to ensure the military justice system remains constitutional and aligned with the Criminal Code and the civilian criminal justice system.
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Contacts
Alice Hansen
Director of Communications
Office of the Minister of National Defence
Email: alice.hansen2@forces.gc.ca
Media Relations
Department of National Defence
Phone: 613-904-3333
Email: mlo-blm@forces.gc.ca