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Military Justice System Modernization Act

An Act to amend the National Defence Act and other Acts

Summary

This bill modernizes the military justice system in response to independent reviews, clarifying independence, appointments, and oversight of key justice actors like the Provost Marshal General, the Director of Military Prosecutions, and the Director of Defence Counsel Services. It transfers investigations of specified sexual offences committed in Canada by service members to civilian authorities, requires handover of ongoing files within 60 days, and lets military police arrest and preserve evidence until civilian police take over. It harmonizes sex-offender registry (SOIRA) and publication-ban rules with recent Criminal Code reforms and creates clear processes to seek exemptions, variations, and terminations, including RCMP data removal when exemptions are granted. It removes military judges from the summary hearing system, strengthens victim supports (victim liaison officer on request and third‑party interference complaints), and updates tenure, discipline, and acting arrangements for prosecution and defence leadership in the military justice system.

  • Establishes a Provost Marshal General (minimum brigadier-general, term up to four years), enables ministerial general instructions that must be public, and mandates annual reporting.
  • Civilian handling of sexual offences listed in s.70(d)–(h); prohibits military investigations for laying charges in Canada; clarifies arrest/evidence-preservation authority; permits private prosecutions.
  • Victim supports: ability to request a victim’s liaison officer; victims/representatives can file interference complaints; streamlined publication-ban variation/revocation processes.
  • SOIRA alignment: mandatory orders in specified cases; exemption/variation/termination regimes with reasons; superior courts empowered for certain applications; RCMP must delete data when exemptions are granted.
  • Governance updates: seven-year non-renewable terms and inquiry/suspension frameworks for the Director of Military Prosecutions and Director of Defence Counsel Services; military judges cannot be charged with service infractions or preside at summary hearings; transitional and coordinating provisions.

Builder Assessment

Neutral

This legislation strengthens safety, accountability, and rule of law in the Canadian Armed Forces by moving serious sexual offences to civilian jurisdiction, enhancing victim supports, and clarifying independent roles—improving service delivery and public trust. While it has minimal direct economic effects, it advances efficient, transparent governance and security foundations that support long-term wellbeing.

  • Aligns with government efficiency through clear roles, published guidelines, annual reporting, and reduced investigative duplication for serious offences.
  • Neutral on taxes, exports, productivity, and investment; no evident conflicts with any tenet.
  • Risks: capacity constraints in civilian justice systems, transitional backlogs, and unclear implementation costs.
  • To strengthen alignment: publish cost-benefit and service-standard targets; formalize MOUs with provinces for timely file transfer; implement secure digital evidence-transfer protocols; commit to periodic performance reporting to Parliament; embed victim-centric service standards and trauma-informed practices; add a time-bound review clause to prune any duplicative processes.

Question Period Cards

What is the estimated fiscal impact of establishing the Provost Marshal General, the new inquiry mechanisms, and the SOIRA exemption/variation regimes, and what measurable savings will result from transferring sexual offence investigations to civilian authorities rather than duplicating efforts within the CAF?

How many ongoing sexual offence files will be transferred within the 60-day window, what agreements with provincial and municipal police services are in place to absorb the caseload without creating new backlogs, and what concrete supports will victims receive during the handover to keep them safe?

Given the Minister’s expanded power to issue instructions and guidelines affecting military policing and prosecutions, what safeguards will ensure operational independence and prevent political interference in sensitive investigations?

Principles Analysis

Canada should aim to be the world's most prosperous country.

Primarily a justice and governance reform; any link to broad national prosperity is indirect and unquantified.

Promote economic freedom, ambition, and breaking from bureaucratic inertia (reduce red tape).

Clarifies institutional roles and processes within military justice but does not materially affect economic freedom or entrepreneurship.

Drive national productivity and global competitiveness.

No direct effects on productivity or competitiveness; impacts are confined to military justice operations.

Grow exports of Canadian products and resources.

No relation to trade or export growth.

Encourage investment, innovation, and resource development.

Does not target investment or innovation policy; it is a justice system modernization.

Deliver better public services at lower cost (government efficiency).

Consolidates serious sexual-offence investigations in the civilian system, mandates public guidelines and annual reporting, and clarifies independence—steps that can improve efficiency, accountability, and trust, though cost impacts are not quantified.

Reform taxes to incentivize work, risk-taking, and innovation.

No tax policy changes.

Focus on large-scale prosperity, not incrementalism.

Significant within defence justice but not aimed at economy-wide prosperity.

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PartyLiberal
StatusAt second reading in the House of Commons
Last updatedSep 26, 2025
TopicsCriminal Justice, Military, Legal Reform
Parliament45