Canada Ends Military Self-Harm Offence

Summary#

This bill repeals a specific military offence in the National Defence Act. It removes the offence of maiming or injuring oneself, or another person, in order to make oneself or that other person unfit for service (Bill, s.1 amending NDA s.98(c)). Other parts of section 98 remain in force; only paragraph (c) is repealed (Bill, s.1).

• Repeals the self-harm/maiming-to-avoid-service offence in section 98(c) (Bill, s.1).
• Leaves paragraphs 98(a) and 98(b) unchanged (Bill, s.1).
• Does not change Criminal Code offences (e.g., assault) or any other part of the National Defence Act.
• Does not create new programs, spending, fines, or fees.

What it means for you#

• Canadian Armed Forces members:

  • You could no longer be charged under section 98(c) for injuring yourself to make yourself unfit for service (Bill, s.1).
  • If you injure another person, this bill does not change other applicable offences (e.g., Criminal Code assault offences still apply; this bill does not amend them).

• Commanders, military police, and prosecutors:

  • You would lose section 98(c) as a charging option for cases involving self-inflicted injury to avoid service (Bill, s.1).
  • Other disciplinary or criminal charges, if any, would rely on laws that remain unchanged by this bill.

• Victims and colleagues:

  • Harm caused by another person would still be subject to existing offences outside section 98(c), which are not amended by this bill.

Expenses#

Estimated net cost: Data unavailable.

• No appropriations, taxes, fees, or fines are created or changed in the bill text (Bill).
• No fiscal note identified. Data unavailable.
• Any administrative impacts (e.g., policy updates or training) are not specified in the bill. Data unavailable.

Proponents' View#

• Repeal removes a criminal charge tied specifically to self-inflicted injury to avoid service, which supporters describe as an outdated offence (Bill, s.1).
• Other laws still cover harm to others; the bill does not weaken Criminal Code protections against assault or related harms (Bill).
• The change is narrow and leaves all other discipline provisions intact within section 98 and elsewhere in the Act (Bill, s.1).

Opponents' View#

• Removing section 98(c) eliminates a specific deterrent against intentional self-injury to evade duty; enforcement would have to rely on broader, unchanged provisions. Assumption flagged; the bill does not provide data.
• Commanders may have fewer tailored tools for rare cases involving deliberate injury to avoid service; they would need to use other existing offences instead. Assumption flagged; the bill is silent on implementation details.
• There could be short-term training or policy update needs for investigators and prosecutors as they adjust charging practices. Assumption flagged; no costs are provided in the bill.