Military police in Canada will cease accepting complaints related to Criminal Code sexual offences starting Monday, ahead of the anticipated passage of Bill C-11, a legislative reform that will transfer jurisdiction over these cases from the military justice system to civilian authorities. The bill, introduced by the Liberal government, aims to remove the Canadian Armed Forces’ authority to investigate and prosecute sexual offences committed by service members within the country, assigning those responsibilities to the civilian justice system.
Senator Rebecca Patterson, a Canadian Armed Forces veteran and the bill’s sponsor, described the transition as already underway, emphasizing the irreversible nature of the change. Patterson also secured an amendment mandating an independent review of the law three years after implementation. Following this review, the defence minister will have a year to publish a report containing case data, service evaluations, and a recommendation on whether the law should remain in place or be repealed. Patterson stressed the importance of holding the government accountable to prevent unintended harm and to maintain order and discipline within the military.
The legislation draws on recommendations from former Supreme Court justices Louise Arbour, now Governor-General, and Morris Fish. Arbour’s 2022 report concluded that military personnel lack trust in the military justice system’s handling of sexual offence cases. However, some survivors of military sexual misconduct have expressed opposition to the legislation, arguing that victims should have the option to choose between military or civilian justice systems. Opposition members of Parliament proposed amendments reflecting that position, but the Liberals removed those changes after securing a Commons majority.
Defence Minister David McGuinty clarified at a June 11 news conference that the reforms are rooted in Arbour’s findings and aim to rebuild trust within the armed forces. He positioned the changes as part of broader efforts to address cultural challenges in the military.
An interim recommendation from Arbour in 2021 called for sexual offence allegations within the military to be handled by civilian police. Military prosecutors have since been instructed not to exercise jurisdiction over new allegations related to these offences. According to data from the provost marshal’s office, military police handled 879 sexual offence cases under the Criminal Code between 2020 and 2026. In 227 cases, victims chose to keep their files within the military police, while 284 were referred to civilian police. Remaining cases were not referred, often because the offence allegedly occurred outside Canada.
Advocates for allowing complainants to select their preferred justice system argue the civilian justice system faces significant resource constraints and that some less severe harassment cases might go unreported if civilians alone are responsible. Conversely, Arbour and others have contended that offering victims a choice places an unrealistic burden on them.
During Senate committee hearings earlier this month, several survivors voiced concerns that Bill C-11 could result in victims feeling processed rather than empowered. Heather Vanderveer, co-founder of Alberta Recoil, and Donna Van Leusden, co-founder of Survivor Perspectives Consulting Group, warned that without trauma-informed and survivor-centered reforms, changes to the legal framework will fall short in delivering justice and trust.
The Barreau du Québec, representing about 31,000 lawyers, recommended allowing sexual assault victims a choice of justice system, cautioning that the civilian system is not always better suited to address military-related cases. It noted that military culture, frequent relocations, and limited resources in remote areas might affect case outcomes.
Military law expert and retired Colonel Michel Drapeau, however, advised the Senate committee that military justice is specifically designed to address discipline breaches and that military police and prosecutors often lack experience in handling sexual assault cases. He warned that forcing victims to choose could subject them to undue pressure from superiors and that proceedings, conducted in settings with comrades and commanding officers present, could undermine victims’ dignity and respect in court.
If approved by the House of Commons, Bill C-11 is expected to quickly receive royal assent and become law, fundamentally altering how sexual offence cases are handled within the Canadian Armed Forces.