Amendments to the National Defence Act and to the Queen’s Regulations and Orders for the Canadian Forces coming into force

The aim of Bill C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts (Bill C-77) is to strengthen the military justice system and to align it with the civilian criminal justice system while respecting the unique requirements of the Canadian Armed Forces. Effective 20 June 2022, the provisions that did not come into force immediately upon Royal Assent will now be brought into force.

Bill C-77 will introduce the Declaration of Victims Rights (DVR) to the Code of Service Discipline, establishing rights for victims of service offences within the military justice system. The DVR gives victims of service offences rights to information, protection, participation and restitution. These rights mirror those found in the Canadian Victims Bill of Rights (CVBR).

An overview of these rights at each stage of the military justice process can be found on the pages available via the menu on this site.

Bill C-77 will also effect additional changes to the military justice system concerning victims and others impacted by service offences.

Victim

A new definition of victim is introduced to the National Defence Act by Bill C-77. A victim is:

an individual against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of a service offence.

For the purposes of accessing rights under the DVR, the definition of victim also includes persons other than the immediate victim who have also suffered harm, loss or damages as a result of the commission or alleged commission of the offence.

Who can act on behalf of a victim?

If the victim is deceased or is not capable of acting on their own behalf, certain individuals may also act on their behalf.

For more information, please see the new section 2(1.1) of the National Defence Act.

The Victim’s Liaison Officer

Given the separate and unique nature of the military justice system, Bill C-77 provides for the appointment of a Victim’s Liaison Officer (VLO) at the request of the victim. The VLO will assist the victim by explaining how service offences are charged, dealt with and tried and will obtain and transmit to the victim any information relating to the service offence that the victim has requested and has a right to access.

On the date of the coming into force, a page will be added with further detail about the VLO’s role.

Rights under the DVR

The right to information

Victims will have the right to general information about the military justice system and the role of victims in it; available victim services and programs; the right to file a complaint; as well as specific information about the progress of the case, including information relating to the investigation and the proceeding.

In the event of detention or imprisonment the victim will have the right to information about the offender when they are in detention or prison and when the offender is released.

Victims will also have the right to request information about certain hearings and their outcomes concerning making and reviewing a ruling relating to a person found unfit to stand trial or not responsible on account of mental disorder.

The right to protection

Victims will have the right to have their security and privacy considered, and to have reasonable and necessary measures taken to protect them from intimidation and retaliation.

Victims will also have the right to request to have their identity protected if they are a complainant or a witness in proceedings related to the service offence, and to request access to testimonial aids.

The right to participation

Victims will have the right to convey their views about decisions to be made by military justice authorities that affect their rights under the DVR and to have those views considered.

Victims will also now have the right to have a victim impact statement considered.

The right to restitution

Victims will have the right to have a court martial consider making a restitution order against the offender for losses and damages.

For more information, please see the links on each of these topics in the webpage menu. More detail will be posted once the provisions are in force.

Other changes to the military justice system concerning victims and survivors as well as others impacted by service offences

Bill C-77 will also introduce a number of changes to the military justice system concerning victims and others impacted by offences.

Orders to Abstain from Communicating

At any time, a victim who fears a person subject to the Code of Service Discipline may cause harm, the victim—or a person on behalf of the victim—may ask a judge for an order restricting that individual’s movements or communications.

New list of ways to present a victim impact statement

A list of ways a victim may possibly present an impact statement will be set out, including with the use of a support person and outside of the courtroom or behind a screen, if certain conditions are met.

New sentencing objective

An objective of sentencing includes denouncing harm done to victims and to the community.

Interim Release

When a person under arrest is released from pre-trial custody, the safety and security of the victim(s) must be considered before the interim release is ordered.

New Impact Statements

• Community impact statements: describing the harm to or the loss suffered by or impact on the community as a result of the commission of a service offence
• Military impact statements: describing the harm done to or impact on discipline, efficiency, or morale within the Canadian Armed Forces as a result of the commission of a service offence

Complaints Process

When a victim believes that their rights under the DVR have been infringed or denied, they will have the right to file a complaint.

For more information, please see the Complaints page for avenues already in place. More information on the DVR complaint mechanism will be posted once the provisions are in force.