On Thursday , Bill C-11, An Act to amend the National Defence Act and other Acts (Military Justice System Modernization Act) received Royal Assent and has become law, modernizing the military justice system in four key areas including removing the Canadian Armed Forces (CAF) jurisdiction over sexual offences in Canada; Changing to the appointment processes and tenure of key military justice authorities; Excluding military judges from summary hearings and enhancing victim’s liaison officer access; and aligning sex offender information and publication ban provisions with amendments made to the Criminal Code.

With Royal Assent of the Military Justice System Modernization Act, all 48 recommendations from the Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces (IECR) are deemed addressed by the Department of National Defence and the Canadian Armed Forces.

These new measures continue efforts to modernize the military justice system to meet the needs of the CAF to maintain discipline, efficiency and morale.

Removal of CAF jurisdiction for sexual offences in Canada

Sections 7 and 8 of Bill C-11 address Recommendation 5 of the Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces (IECR), which 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.”